The Court Case - it breaks my heart

[dumbledore11214]

> Magpie:
> I think the only ruling that would really be trouble for fans is if 
JKR 
> loses *on the grounds* that she "approved" of the book when she 
> approved of the Lexicon and said she liked it imo. The other things 
> really don't have to do with us. If JKR wins because it's not fair 
use, 
> it doesn't really change much. If RDR wins because it's fair use it 
> also doesn't change much. It would only apply to fans who wanted to 
put 
> out an encyclopedia.
> 
> However, if JKR lost because she's "approved" of the book by saying 
she 
> liked the website, that imo would be a big problem. Because it 
would 
> send the signal that authors could *accidentally* approve of 
something 
> by being nice about it. That, I think, could make authors more 
paranoid 
> and feel they need to stamp down on more things and that would 
suck. 
> Right now, as I understand it, authors can choose which things they 
go 
> after with their copyright.
>


Alla:

Well, I agree with you that if this language will be in the decision 
it will send a signal to many authors loud and clear to NOT approve 
things like this anymore, etc.

But the thing is if JKR IS going to loose, IMO this language is bound 
to be there in one form or another.

Does it make sense? IMO JKR cannot loose just on the grounds that she 
approved the website, the fact that she approved the website will go 
as one of the supporting factors to apply the fair use here as far as 
I understand it.

I mean, again, maybe I am wrong, but it seems to me that if judge 
will decide that since she approved Lexicon in website, that will 
show for example that her claims that Lexicon will hurt her sales are 
not supported, etc.

So it seems to me that if she looses judge will mention this factor 
one way or another, at least as dicta.


Now, unrelated question is did I dream it up or somebody else saw it 
too that judge promised decision in three weeks?

Oh WOW, either he is going to postpone writing every other decision 
since case is so high profile or federal judges have much much 
lighter caseload than I imagined.

Alla