Once again, a headache
Sep. 9th, 2008 03:07 pmLexicongate ETAs march on: a bunch of blogs weigh in without actually reading the ruling; I can't even believe what Stanford Law said; NORA ROBERTS HAS SPOKEN.
I will say this: if you actually read the ruling, or summaries of it, you'll see that Judge Robert Patterson (no, Patterson. He does not sparkle in direct sunlight. That I know of) is very careful to note that this is not a ruling against the general concept of fan comment and critique, for profit or not.1 The issue is not that the Lexicon is a derivative fan work; the issue is that it isn't. It is, in large part, copy/pasting of the original books' phrasing with little to no criticism or commentary--it's Rowling's work alphabetized. It is, in fact, an enterprise that makes the rest of creative fandom look bad. That's the issue. That's why she isn't suing the other guide books and commentaries2 (or me, for that matter, and I also published): because those works actually contributed original thought.3 ( More )
And also, if you're going to play the JKR IS SO GREEDY OMG card, keep in mind that she said she'd donate anything they won to charity, and that His Honor did, in fact, award her and WB the princely sum of $6,750. No, I did not leave any zeroes off.
Anyway. Linkspam. (I was promised aSuantum of Quolace Quantum of Solace trailer! Where is my Something of Boris Quantum of Solace trailer?) ETA: IT'S HERE!
( When Oasis Fans Attack, This Fall on FOX! )

I will say this: if you actually read the ruling, or summaries of it, you'll see that Judge Robert Patterson (no, Patterson. He does not sparkle in direct sunlight. That I know of) is very careful to note that this is not a ruling against the general concept of fan comment and critique, for profit or not.1 The issue is not that the Lexicon is a derivative fan work; the issue is that it isn't. It is, in large part, copy/pasting of the original books' phrasing with little to no criticism or commentary--it's Rowling's work alphabetized. It is, in fact, an enterprise that makes the rest of creative fandom look bad. That's the issue. That's why she isn't suing the other guide books and commentaries2 (or me, for that matter, and I also published): because those works actually contributed original thought.3 ( More )
And also, if you're going to play the JKR IS SO GREEDY OMG card, keep in mind that she said she'd donate anything they won to charity, and that His Honor did, in fact, award her and WB the princely sum of $6,750. No, I did not leave any zeroes off.
Anyway. Linkspam. (I was promised a
( When Oasis Fans Attack, This Fall on FOX! )

