What's Leaky up to? (was Re: Prayers For Lexicon Steve)

[dumbledore11214]

> bboyminn:
> 
> And so would I. I can understand JKR supporters not wanting to
> side against one of their favorite authors, but his is not about
> who you like, this is about the law, and you can't change the 
> law just to suit someone because you like them.

Alla:

And how do you know that people who support JKR's stance support it 
JUST because they like her? 
 
> That fact remains that in modern interpretations of copyright
> law unauthorized 'reference works' are allowed.

Alla:

The fact remains that it is NOT a fact that Steve's book falls UNDER 
those reference works that are allowed in the law as it stands today 
from what I read.



> That means that if SteveV wins, things stay as they are now.

Alla:

No it does not mean that in my opinion.

 
> If JKR wins, that means an new and stricter interpretation of
> the law. That means that what was once allowed is no longer
> allowed.

Alla:

I am amazed really. From what I read the status quo as it is right 
now means that the book like Lexicon is NOT allowed per status quo, 
so where do you see stricter interpretation, beats me.

What I see is the Stanford taking on their desire to EXPAND fair use 
to allow Steve's book to be published, to set a new precedent, etc.

My opinion that Steve's book can be allowed only if the fair use will 
be expanded.

 
> That is what gauls me, that people can't see that a win for
> JKR means more restrictive copyright practices. Again, I
> understand wanting to support your favorite author, but 
> you simply can NOT twist laws in favor of some one you like
> and against some one you don't like. Laws need to be 
> interpreted in a fair and unbiased way, and I see so many
> supporters of JKR, as blind supporters. You like who you 
> like and you don't want that adoration clouded by facts. 

Alla:

Or can it be that you are mistaken and under the law as it stands JKR 
will win and no restrictions whatsoever will follow?

So, yeah I do not believe that twisting of the law will be needed.

And um, I don't want adoration to be clouded by facts? I can only say 
that apparently we read different set of facts.

But yes, I also hope that the laws will be applied in the fair and 
unbiased way. I believe that this is all that will be needed for 
JKR's win.



> 
> Again, I haven't seen the book, but I have seen the Lexicon,
> and I see nothing there (that can't be fixed) that constitutes
> a violation of JKR's copyrights. SteveV has written a fair
> and reasonable 'reference work' ABOUT the HP world which is, 
> and has been, considered fair use, up until now.

Alla:

Yes, YOU have not seen anything there that constitutes a violation of 
JKR's copyrights. Experts for the plaintiff apparently saw a plenty. 
And yes, of course experts for the defendant will be saying a 
different thing, but surely there is SOME ground to advance 
plaintiff's argument if the number 84 to 16 came up. Surely there is 
a legit argument to make for it, not just argue it out of thing air.

So, it is a contested argument that what Lexicon is all about was 
considered Fair use up till now. It COULD be, it could be not.

 
>> If you think to demonize SteveV, read about his testimony
> today in court, he broke down in tears at this turn of
> events.
> 
> 
http://news.yahoo.com/s/ap/20080415/ap_en_ot/harry_potter_lawsuit;_ylt
=AqNHyGWN6IBBUJgZhFhOFx1xFb8C
> 
> Steve/bboyminn


Alla:

Uh, they made him do it. Right. But he was smart enough to put 
indemnification provision in his contract. He just could not imagine 
what could happen at all.


And do you remember that up till recently there was a COPYRIGHT on 
everything on Lexicon? That I actually find the most unbelievable 
thing in all of this.