Thanks to the Stanford Law School we now have complete transcripts from the JRK/Lexicon trials.Click here for day one (April 14th), here for day two (April 15th), and here for day three (April 16th).
The lawyers of JK Rowling and Warner Brothers have sent MuggleNet a statement by the Potter author, commenting on where the case stands:
“The book at the heart of this case has overstepped a boundary so unreasonably that I have been forced, regretfully, to take legal action. Authors have a right to protect their works from misuse. Do I have fewer rights because many people read my books? If this book is published, it will open the floodgates for anyone to lift an author’s work and present it as their own. But if it is not published, that will be a boon not only to all who create original works, but to all who enjoy those works.”
The second half of today’s proceedings ended with a strong closing statement, according to the latest entry from The Wall Street Journal. JK Rowling also took the stand one final time, and it’s clearer than ever that Judge Patterson believes each side has a strong case:
Maybe I Need a Reference Guide for This Case: That was Judge Patterson’s commentary at the close of testimony. Again, he urged the parties to consider settlement, reminding them that fair use is a “murky area” of law. Hammer then requested the opportunity to make a closing statement, which was a good call because his co-counsel, Anthony Falzone, delivered a strong one.
Source:MN
Day 3 of the JK Rowling/Warner Brothers VS RDR Books trial commenced today, and continues to spiral into one big mess of ordeals. Highlights from today, before lunch break:
- Lawyers for JKR/WB and RDR told the judge this morning that they reached a settlement on the false advertising and deceptive trade practices claims. You may remember yesterday that the judge suggested a settlement instead of a lawsuit. A representative for RDR also told the court that they hope to settle on the trademark infringement and unfair competition claims. Once that is out of the way, this just leaves the big copyright infringement claims left.
- Janet Sorensen, a professor of 18th and early 19th century English literature at U.C. Berkeley, was called to the stand today by RDR where she spoke of other fantasy works that also have companion guides to help the reader understand the content of the story.
- Judge Patterson was quoted as saying, “I think this case, with imagination, could be settled….But don’t throw anything out because of my desire to move ahead.” He suspects the case will be appealed, and that it could go all the way to the Supreme Court, taking years to resolve.
The following statement was recently released by a spokesperson on behalf of J.K. Rowling and Warner Bros. Entertainment after the conclusion of yesterday’s court proceedings:
“A fan’s affectionate enthusiasm should not obscure acts of plagiarism. The publishers knew what they were doing. The problem remains that the Lexicon takes an enormous amount of Ms. Rowling’s work and adds virtually no original commentary of its own. As we’ve said in court, it takes too much and adds too little. Authors have a duty to prevent the exploitation of their works by people who contribute nothing original, creative or interpretive.”
Source: MN
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