Thoughts from a different perspective

[dumbledore11214]

Teri:

He may not be as culpable as RDR in all, but he can't shove all of 
the blame
onto them. The fact that he has attempted too can put him in a worse 
position
than he's already in, especially if he wants to be published in the 
future.




Alla:

I finally finished first day transcript, had been reading them out of 
order and still did not finish second and third day.

I do not want to quote too much, but I just have to quote this, whole 
thing as you know is up on Leaky here.

But here is the link again just to be safe.

http://www.the-leaky-cauldron.org/docs/jkrtrialday1.txt

"Just two years before this case was filed, Mr. Vander
       18    Ark was approached by two fans asking, as the e-mail on 
the
       19    screen indicates, whether they could publish or it might 
be
       20    possible to publish the Lexicon Web site in book form.  
And
       21    Mr. Vander Ark said "as editor of the Lexicon, I get 
mail every
       22    so often from fans asking me to publish the Lexicon in 
book
       23    form so I've dealt with this question before.  
Basically, it is
       24    illegal to sell a book like that.  Jo has reserved all
       25    publishing rights to her intellectual property.  Which 
means
                            
        1    she is the only one who may publish any book that is a 
guide or
        2    encyclopedia to her world.  And since we're fans and 
supporters
        3    of Jo, we wouldn't do anything that would violate her 
rights,
        4    even if we could get away with it."


Alla:

Oh as far as I am concerned this speaks for itself indeed. No, of 
course it does not determine any liability, but boy it speaks volumes 
to me as to whether Steve knew what he was doing.

And I am so pleased that this e-mail is in evidence for the judge to 
see.

And I found it hilarious that lawyer for RDR addressed it in his own 
opening right away that Steve's understanding since had been 
corrected. 

I finished reading first day of trial transcript, I was sort of 
reading them out of order and decided to start reading in order.

Two things – I think plaintiffs did superb job showing how much 
Lexicon copied, in how many entries there are just no quotations at 
all, even if exact language from the books is there.

I thought they also did great job showing all the books that they 
have no problems with and comparing entries on the same subject with 
entries on Lexicon. I found it to be brilliant idea to use "Idiot 
guide's to Harry Potter" as one of the books JKR has no problem with 
and explain why.

I found defense attempt to show differences on cross to be quite poor 
and attempt to show that JKR's lawyers forced some books out of the 
market that violated her copyright to be quite damaging to their 
case. And attempting to show that this book was exactly like 
Lexicon's or similar I found to be even more damaging, but as I said 
that is an opinion of someone who while a lawyer, does not deal with 
copyright law at all.


I think that equity was established very well, but I still cannot 
make judgment as to the law and this is not a court of equity.


Alla