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 Wall Street Journal’s Law Blog spoke earlier today with Ethan Horwitz, an IP lawyer from King & Spalding on the ongoing Lexicon case. Horwitz tries to further explain the ambiguous concept of “fair use,” offering his overall opinion:
“It’s really pretty remarkable, in my opinion. The fair-use test has four factors and each side can find precedent to support it. The case law is really all over the map. And on the facts, too, I think it’s a really close case. It really smacks down right in the middle.”
Additionally, he explains the strengths and weaknesses on both sides, but ultimately concludes that this case is “too close to call.”
Towards the end of today’s cross examination, Judge Robert Patterson stopped the testimony to question the trial as a whole. From the Wall Street Journal:
Judge Patterson removed his glasses and addressed the court. “I’m concerned that this case is more lawyer-driven than it is client-driven,” he lamented. “The fair use people are on one side, and a large company is on the other side. . . . The parties ought to see if there’s not a way to work this out, because there are strong issues in this case and it could come out one way or the other. The fair use doctrine is not clear.”
The Fair Use Doctrine is a United States Law, defined accurately by Wikipedia as allowing “limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review.”
You can read more of what happened at today’s trial concerning Lexicon author Steve Van Der Ark here. The trial has ended for the day and will continue into tomorrow and Thursday.
Source: MN
The Wall Street Journal has updated their blog again, this time talking about developments that occurred in court this morning.
But the most telling part of Vander Ark’s testimony came at the end of Hammer’s direct examination. Asked whether he still considered himself a part of the Harry Potter fan community — those that, in Vander Ark’s words, devote most of their free time to all things Potter, he choked up, and said, “I did.” But then, when pressed on it, he changed his answer. “I do,” he said, breaking up.
USA today further reports Van Der Ark as saying, “It’s been … it’s been,” he stammered, choking on his words. “It’s been difficult because there has been a lot of criticism, obviously, and that was never the intention. … This has been an important part of my life for the last nine years or so.”
Source: MN
JK Rowling yesterday read a statment outside the court regarding her case against RDR Books/HP Lexicon. A video of this can be seen at the BBC, and what she said in full is below:
“It gives me no pleasure to take legal action, but I am here today because I feel very strongly about an important issue that affects everyone and not just me. If books that plagiarize other works are permitted, authors, fans and readers stand to lose. There are lots of books in many languages that comment on or criticize Harry Potter and that’s fine. But the book in this case is different. It provides no analysis and virtually no commentary. It takes far too much and it offers precious little in return. I would just like to add that I am extremely grateful for the incredible support of Harry Potter fans everywhere.”
Source: MN
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