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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