On The Lighter Side ... RE: What's Leaky up to?

[Steve]

---  "Lee Storm(God Is The Healing Force)" <n2fgc at ...> wrote:
>
> [Steve B]:
> |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, . . .
> 
> [Lee]:
> Now, Steve, really!  If the MOM can change their laws and 
> rules to suit them, why can't we? <Big Evil Grin>
> 
> Seriously, I agree with you, but I just couldn't help writing
> that!
> 
> Cheers,
> 
> Lee :-)
>

bboyminn:

Keep in mind that I am neither for SteveV nor against him,
neither am I for JKR or against her. What I am for is a fair
and reasonable interpretations of the law, and I trust the
judge to make that fair ruling (especially after recent news
reports publishing comments made by the judge).

However, I have seen, in some cases in other groups, 'Fans'
making very emotional but not very rational arguments in
favor of JKR. Again, emotion and adoration can't come
into play, it must be decided on a perception and 
interpretation of the facts.

I've admitted I'm much too far away from it all to know
for sure. But, in general, 'reference works' have previously
been allowed. But admittedly there are probably cases of
'reference works' not being allowed. It depends on the 
specific content and context. Which as I've said, being
so far removed, I can't really know.

But I have seen the Lexicon (on-line) and I'm not convinced
it goes too far.

In a recent statement, the judge advised the parties to
come to a settlement, and reminded them that case law 
could send the verdict either way. There is no clear 'wronged
party' at this point. Since either side has roughly equal
chances of winning or losing, it is in everyone's interest
to settle.

My personally opinion is that JKR and SteveV are just along
for the ride. They are forced by existing contracts and
commitments to defend their postion, when I'm sure they
would much rather sit down to tea and have a good 
conversation. 

I'm convinced this is lawyers vs lawyers and corporations
vs corporations, and SteveV and JKR are just being dragged 
along in the wake. Though I do admit that JKR does not 
want this book published. I also concede that SteveV only 
went along with this because he was assured that it fell
well within the bounds of 'fair use'. 

I think the best settlement would be for JKR to personally
buy the on-line Lexicon including all existing information
and all future information. And that she pay SteveV a 
reasonable sum for the site and a small sum of money to 
keep in running.

Further, Warner buys the Lexicon Book from RDR for their
expenses plus a small profit. Certainly nothing near what 
the publishing rights worth, but enough so that RDR can come
out of this with something in their pocket and a degree of
saved face. 

Next, and this might be the difficult part, JKR hires SteveV
and his current knowledge and lets him compile the data 
portion of her next Official Lexicon, while she concentrates
on the more personal and intimate aspects of the book.

I can picture the book being divided into two sections, 
old compiled data in a very encyclopedia form, and a 'new'
section more in the form of written word about backstories
and characters, and insight that only JKR could know.

JKR stops the publication of the existing Lexicon, she gains
control over all the information contain in the present and
future Lexicon. She can stipulate what will and will not be
found there, and when it will or will not be found there. 

RDR, if they are smart, will take their small profit and walk
away. They can try and win, but Warner has unlimited resources
and can keep them in court for decades. But financially that
benefits no one. The far more economical stance for all is
to settle and walk away, wiser and richer for all. 

I'm convinced a mutually benevolent settlement will allow 
everyone to walk away satisfied friends. But if this suit
continues, it will be a fracture in the HP community that
will never fully heal. EVERYONE will walk away from this
with hard feelings and ill-will, and that serves no one.

Hey...I'm just saying...

steve/bboyminn