That case and that book

[Carol]

Alla quoted from the testimony (the witness is Riger Rapaport of RDR):
>
THE COURT: The way you asked the question was whether he copied her
work and he answered no. And I asked whether he had copied from her
work. <snip>
>MR. SHALLMAN: <snip> You are aware that Mr. Vander Ark copied
specific language from Ms. Rowling's work, aren't you? <snip> I'm just
asking you, the entire 400-plus page Lexicon, is there anything in
there that is copied from Ms. Rowling?
[Rapaport]: The answer is that this book, the Harry Potter Lexicon is
fair use.
[Shalman]: That is not what I asked you. Of that entire 400-plus page
book that is going out under RDR Books' name, is any of it copied from
Ms.Rowling?
[Rapaport]: There is material in the -- yes, there is material in the
book that's based on -- absolutely, that's based on the Harry Potter
Lexicon series, of course.
[Shalman]: And, sir, you admit that there is material in the Lexicon
book that is based on the Harry Potter books that Ms. Rowling
wrote?
[Rapaport]: Yes.

Carol responds:

All of which amounts to:

Shalman: Is any material in the Lexicon copied from the HP books?

Rapaport: Yes. There are quotations and close paraphrases, of course,
since it's a reference work for the Harry Potter books. But the
quotations and paraphrases fall under fair use.

The only interesting bit of this testimony (to me) is the bit at the
beginning, which seems to indicate that Steve V. initially denied
copying the HP books in any respect, which seems to reflect his
confusion over what does and does not constitute fair use. Rapaport,
in contrast, clearly does know about fair use and was in a hurry to
establish that the "copying" (quotations and close paraphrase) fell
under fair use, meaning that the "transformative purpose" of the
Lexicon required a substantial amount of (acknowledged) "copying." 

If I had been Rapaport, I would have asked Shalman, "Do you mean,
'Does the Lexicon contain quotations and paraphrases from Ms.
Rowling's works?'" A little clarification never hurts, and it's
important to understand the question that you're answering.

Carol, who thinks that this little exchange does nothing more than
state the obvious