[HPFGU-OTChatter] Re: Thoughts from a Different Perspective

Lee Storm(God Is The Healing Force) n2fgc at arrl.net
Wed Apr 23 15:21:48 UTC 2008


[Alla]:
| Thanks for the quotes. So you seriously believe that publisher can 
| FORCE the person to enter a contract which said person has no desire 
| to enter whatsoever, moreover to enter a contract that said person 
| has serious legal concerns about? All that publisher has to say is 
| don't worry it is going to be fine.

[Lee]:
It's possible.  Let me put it as simply as I can in a very human
perspective.  Remember, of course, humans are not perfect and we're going to
mess up on even the stupidest things. :-)

Steve V. has this web site which is a fantastic reference for books we all
love; site has received praise and accolades even from JKR, the author of
these books.  Steve is also protective of said site, asking people not to
copy anything from it, etc., because he (1) doesn't want to risk copyright
infringement to the author's work and (2) doesn't want to be pulled into
such a problem.  This is strictly a hobby and, hopefully, a help to fans of
the books.  I'm sure it's a surprise to him knowing JKR is also using
it...wow!  And he gets letters and email from fans asking him to publish a
print version of this site...something which could be carried around with
the books, etc.  Steve refuses because, again, that copyright thing.

Now, along comes this publisher who tries to convince Steve to publish this
print form of his site, but Steve isn't sure this is such a good idea; the
publisher assures him that what's going to be published isn't a problem
because of the Fair Use thing.  Publisher says that since this is an
encyclopedia everything will be fine.

Imagine Steve's quandary...I'm sure there's a part of him that would just
love to see publication, but the other part of him fears there might be a
problem.  So, he satisfies both parts by insisting on protections by the
publisher.  He'll put it together, but it will be the publisher's job to
ensure the legality of the thing and defend if anything goes wrong and pay
for any damages to himself.  (good idea since expenses of defense can be
astronomical.)  So, he's not just jumping into the act of getting the Lex
published; he's trying to ensure that this is really *not* going to be a
problem, trusting, perhaps naively, that the legal guys at the publisher
know what's right and what's not and are treating him straight.

Now, don't forget the biblical ref of the serpent, and RDR is that serpent
who tempted Steve with assurances that there would be no problems.  Of
course, RDR sees a bit of money, here, but no where as much as WB, etc., but
there is a bit and, of course, there's a toe into the doorway of the HP
universe which has become so popular.

Now, this "serpent" tempts Steve, as I say, giving him everything he wants
to here in a lovely contract including the protection he has insisted upon
should anything go amiss.  Steve, trusting and hoping that the publisher is
being straight with him and that he's not breaking any laws, signs this
contract and goes ahead with the selecting and editing of the material.  Now
doubt, the serpent--uh--publisher has said that Steve should just stick to
the compiling and they'd do everything else.

Then, all hell breaks loose.  The publisher is approached with a Cease &
Desist and they don't honor it.  Question is, if Steve had been approached
directly by JKR, would he have ceased?  Probably, without RDR egging him on
and assuring him that there was no breaking of laws, he would of honored the
C&D and all would be well.  But, it didn't happen that way and Steve is now
in the middle of a most unpleasant battle.

As far as getting out of the contract, if Steve had the time, money and
lawyers, he could possibly sue RDR for deceiving him, but, again, that would
be touchy, time-consuming and *expensive*!

So, could Steve have gotten out of the contract?  Not without a huge hassle.
Does he wish now that he hadn't signed the contract and/or had done more
research before signing?  Probably a big *Yes*.

Like I say, Alla, you can think what you want.  I can't change your mind nor
would I wish to do so.  I can only offer you the reasons I believe and feel
what I do.  And I think and feel that even the best informed can end up
ensnared by one who can give things just the right twist.

Cheers,

Lee :-)

Do not walk behind me,    | Lee Storm
I may not care to lead;   | N2FGC
Do not walk before me,    | n2fgc at arrl.net (or)
I may not care to follow; | n2fgc at optonline.net
Walk beside me, and be my friend.






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