The Fair Use Doctrine

[dumbledore11214]

> Carol responds:
> 
> Well, given the relative ability to pay for expert lawyers, it's not
> surprising that JKR's team is better prepared. 

Alla:

Stanford is supposed to be a big name, no? I would think that even if 
they took this case for low or no fee, they would be superbly 
prepared especially if they are doing it for "cause" as they see it.


Carol:
However, from what I
> read today, the judge does see the need for a work like the Lexicon 
to
> help readers sort out JKR's characters (he's not buying that it
> substitutes for a reading of the books, as JKR maintains) and he's
> advising them to settle out of court to avoid a painful, expensive,
> and time-consuming string of litigation and appeals. (He compared it
> to the long drawn-out lawsuits in Dickens's "Bleak House,") More 
power
> to the judge, and I hope they listen.
> 
> http://www.smh.com.au/news/books/rowling-makes-fiery-return-to-
stand/2008/04/17/1208025322650.html?page=2  <SNIP>

Alla:

The thing is judges, and that I can tell you from real first hand 
experience urge you to settle ALL the time. In my area of law judges 
just flat out do not want to write decisions. They scream how much 
they hate that the system is so overburdened, etc, etc, but if they 
urge you to settle that really really means nothing whatsoever as to 
the merits of the case,PERIOD. Any party can win or lose.

I saw comments from somebody who claims to be criminal lawyer on 
Leaky and I say claims to be only because I do not know this person 
in RL, and she said that what was truly unusual is that in this case 
judge put this urge to settle on the record, while it would usually 
happen in chambers and it is absolutely true.

I am sure that this judge is quite fine with writing the decision, 
etc, just saying that him urging to settle IMO means that he feels 
that any party can win and nothing more.


Personally, I am glad that trial is done and they only settled some 
minor parts of the lawsuit, not that they cannot settle at any time 
before judge writes a decision and this can take months and months, 
waiting part I mean, if my experience in completely different area of 
law means something.

Maybe federal judges are less overburdened than civil court judges ( 
I had never had a case in federal court) and especially in such high 
profile case the decision will be out there faster.

Alla