The Court Case - it breaks my heart

[Zara]

> Alla:
> 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.

zgirnius:
You would know more about it that I! I think you are probably right 
about this. But the decision could include other statements that 
point to other factors that would tend to make fansites safer. For 
example, a statement about the transformative nature of the Lexicon, 
or the necessity of the 'taking' to achieve the objective of the 
Lexicon, would mean that even *websites* akin to the Lexicon do not 
need author approval. So the lack of such might be less of an issue.

> Alla: 
> 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.

zgirnius:
You have overlooked the obvious explanation here...<bg> Judge 
Patterson is not computer savvy enough to use the online site, to he 
wants the Lexicon out sooner rather than later so that he could 
understand what his grandkids are jabbering about.

(^ Humor. )