That case and that book

doddiemoemoe doddiemoemoe at yahoo.com
Sun Apr 27 08:19:36 UTC 2008


Goddlefrood wrote:
 
 Sorry if you feel the US law is paramount, but I'm afraid in 
this instance it isn't. It is bound to higher things and each 
country that follows the international Convention on copyright 
has more or less the same provisions in their own Copyright 
laws as would the US.

Doddie responds:

  I don't FEEL the U.S. law is paramount it simply is in this case, 
as WB, JKR and Camp challenged the printing of the Lexicon via U.S. 
courts..because the Lexicon was being printed in the United States 
by a US company why would anyone argue any other law besides U.S. 
Law in a U.S. court?!? For this battle anyhow..not that they will 
not fight it in every arena they feel the need to.

Doddie wrote:
 Given the other books published over the years...I do not think 
JKR's case will prevail..
 
Goddlefrood responded:
 
Care to expand on that? Precedent and legal references, s'il vous 
plait. 

Doddie again:

 I only mean that there have been others, with websites who have 
published books based upon JKR's text with their opinions, 
characters, settings and predictions listed...was it only said 
books "flawed" predictions that allowed them to be printed, or 
perhaps the college professor's books published who taught/teach HP 
classes that also require the purchase of the entire series in 
addition to their coursework?!? Many of these books(textbooks, 
predictions, analysis etc.. contained incomplete info...as it was so 
early in the series...the Lexicon made great strides to update their 
info. with each book..In the U.S. no challenge=legal precedent.
(hence the plaintiffs in said current copright suit did not file 
complaints against the website in any civil court action..or, if 
they did...some sort of agreement was met that did not include book 
publishing at the time, otherwise, there would be no current case.

 Given the number of books publised about the HP series pre-lawsuit, 
I wonder if; SVA had published his Lexicon post HBP, which may have 
included false/inaccurate predictions..I do not think WB would have 
pursued legal action.  I wonder if JKR and WB thought it was okay 
only if some portion of the book was "wrong" in some way?!?(quite a 
bit of nerve given JKR's mastery of maths(I still don't know how she 
could possible sort this out in her own encyclopedia--one of the 
reasons I would buy her encyclopedia alone...I would assume all 
could be proven wrong even now, who knows the age of Arthur and 
Molly? Bill and Charlie???) The lexicon at least addressed/s 
the "maths" issues in a way that JKR never had/has...

I'd argue that the reason WB/JKR fought the battle on U.S. territory 
vs. UK or any other countries territory was for economic 
reasons(the "Book Lexicon's" perceived greatest audience)..United 
States lawsuit means United States laws...I'm sure 
wb/JKR camps will file lawsuits in other countries trying to 
publish/sell the published Lexicon in other languages/countries if 
they feel is necessary..

This case may have been different if every book, or for that matter 
most books, printed about the HP novels had been challenged...but 
they were not..and some of them have been quite awful(aren't there a 
couple that site or list Lexicon as a source??)..There may be 
more..but that's not on record at this time, during the current U.S. 
lawsuit, which was filed under U.S. law.. 

One country's trial at a time please...(and there have been other 
countries and other trials...most deal with illegal 
translations/publications/distributions...)

DD,
(--who really doesn't understand why they'd allow the website all 
these years, yet not a book based predominantly upon a previously 
web-based publication.)
publication.....)






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