[HPFGU-OTChatter] Re: The Fair Use Doctrine

[Lee Kaiwen]

dumbledore11214 said On 16/04/2008 09:33:

>> Steve has NOT abused his right to play in
>> JKR's world.

Alla:

> Oh sorry then. My opinion that he did, but of course the law may be
> interpreted differently, 

I'm not a lawyer. I don't even look like one. So my opinion is 
practically worthless here, but I'm simply expressing my opinion on what 
the law seems to say. As to my personal feelings, I'm ambivalent. I 
think both sides have legitimate points and -- as fair use always does 
-- it comes down to a question of where you draw the line trying to 
balance fair use with the creator's right to protect his creation. And 
that's nearly always decided case by case.

I'm interested to see how the case plays out. A point I raised earlier 
-- but I don't know if it will be raised in court -- involves the 
Internet as a publishing medium. Content sites often treat the Net as if 
it is. If one assumes the Internet is a publishing medium, one could 
argue that Steve's lexicon has already been published, and with JKR's 
blessing and encouragement. In that case it boils down to whether an 
author can control *which* media derivative works can be published in. 
If JKR has, in effect, already given approbation for the lexicon to be 
published in one format, then has she given up her right to protest it's 
publication in another?

I would love to see *that* argument presented and considered, but I 
don't know whether it has or will be.

 > we do agree that the case may have this effect on fandoms
 > regardless of whether one think what Steve did was
> right or not, yes?

Right morally or legally? But yes, we agree. Whether JKR wins or loses, 
there will be a chilling effect on fandom. If she wins, sites will come 
down (or not go up) for fear of copyright infringement. If she loses 
because the judge rules she didn't properly protect her intellectual 
property, legal heads will become even more paranoid, and you can expect 
the number of C&D letters to mushroom. Fans will be intimidated into 
pulling down websites even when the law is on their side.

Either way, I think fandom may be in for a rough ride.

CJ