Thoughts from a Different Perspective

[dumbledore11214]

--- In HPFGU-OTChatter at yahoogroups.com, "Steve" <bboyminn at ...> wrote:
>
> 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.
> 
> <SNIP>


Alla:

Judge in the bench trial is acting as fact finder as well, therefore 
theoretically he can go and seek out any additional research he deems 
necessary for him to decide. If he feels that he can render a verdict 
looking at the evidence presented to him in court, he will do that. 

How to put it, Lexicon site  and its difference from the book or 
similarities IS relevant to the issues, directly relevant in my non 
copyright lawyer opinion, so I would think that judge may take a look 
at it, but he does not have to, and if he decides not to, that does 
not mean that he is not looking for the truth IMO. That means that 
judge thinks that he can render decision based on what he learned and 
boy from what I read already that man seemed quite eager to learn in 
my view.