Thoughts from a Different Perspective

[Steve]

Two things that either bother me, or I am curious about with
regards to the now closed Copyright/Fair_Use case between RDR 
and JKR/WB.

First, I wonder to what extent the judge is require to and is
willing to seek out the truth. Would the judge likely do outside
research on this case? For example, would the judge feel 
compelled to go to the Lexicon website and see for himself. Would
he feel compelled to search and see if other Harry Potter book
published lexicons existed; apparently, there are several? 

Or, would the judge feel that it was up to the involved parties
to present this evidence in court? Is it up to the parties to
prove their case, or is it up to the judge to independently 
seek out relevant information and by extension, the truth? 

While I would like to think the judge would seek the truth, I'm
more inclined to think he will ignore the truth of the matter 
and simply look at the evidence that was presented to him in
court. Even if he were to know of specific evidence that 
contradicted his likely verdict, I think he would be compelled
to ignore that information if it wasn't presented in court.

Next, with regard to Steve, I recently listen to a PotterCast
in which the members of the Leaky Cauldron more or less 
abandoned Steve Vander Ark, saying that he can't expect 
sympathy for fandom when he has done what he has done. 

Personally, I think that is misguided, and even slightly mean
spirited; though, at the same time, I understand it. As I've
already said, many people are siding with JKR simply because
she is JKR, and are doing so independent of the facts or of 
fair interpretation of the law. 

It is my personal outsider's opinion, that if this was up to
SteveV personally, it would all be over with. SteveV said he
had never published the Lexicon because he believed it was 
likely a copyright violation despite frequent requests by
fans for a book version of it.

Along comes a publisher that give SteveV their absolute and
determined assurance that his lexicon fall well within 'Fair
Use'. Once they convinced him of this, and once a contract 
was signed, the whole matter was out of SteveV's hands. Now
he is bound by contract to defend his publisher. He has
consigned, in a manner of speaking, the Lexicon over to them. 

If they choose to fight JKR request to cease and desist, then
SteveV has no choice but to accept the publisher's decision. 
And to do his part NOT to breech the contract he signed.

I personally have no doubt in my mind that if this was a personal
matter within SteveV's control, and if JKR has sent him personally
a 'Cease and Desist' letter, he would have ceased immediately
rather than damage his reputation with the fan community and
with JKR. 

People keep implying SteveV is doing this or doing that, but I
think he is simply trapped into honoring his contract because
he can see no way out of it now that it is signed. I've said
before that SteveV is not pushing his opinion or wishes into
the arena, he is simply caught up in a tide that has swept him
away. 

Though, without a doubt, he has driven great portions of the
fan community away from himself, and has been, in essence,
made an outcast; no longer befriended by those he once 
counted as friends, I do feel sorry for him. I think he made
a mistake in judgment on the advice of very self-serving
people (the publisher), a mistake that has essentially robbed
him of himself and his place in the Potterverse.

But, I don't doubt for a second that it was just that, an 
ill-advised mistake that he would gladly retract if it was
only in his power to do so. 

Though I can't find it at the moment, there was a recent 
audio interview with SteveV where he essentially says as 
much. He's not in it for the money, but to serve a fan need
that has continually made its presence known to him. He would
never have taken a stand against JKR if it was in his power
to stop it.

It doesn't bother me that people are taking JKR's side. Through
her books, she and her characters have become like best friends
to us. I just wish people would be a little more understanding 
that SteveV has merely gotten himself into a situation he can 
no longer control, and understand, as I speculate, that if he 
could control it, he would stop it.  

It is not the support of JKR that I object to, it is the need
by some to vilify and demonize SteveV in the process.

Of course, that is just my speculative opinion.

steve/bboyminn