Harry Potter Beyond : Live the Magic

Transcripts from JKR/Lexicon Trial

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).

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JRK/RDR: Three-day trial ends; decision far from near

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

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JKR/RDR: IP lawyer says case ‘too close to call’

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.”

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Warner Bros. issues public statement on trial

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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Judge Calls for Settlement

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

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