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Lexicon owner testifies in court; breaks down on stand (UPDATED)
Steve Vander Ark, owner of the Harry Potter Lexicon website, today denied in court that his proposed Lexicon book "copies" J.K. Rowling’s work, referring to it instead as a "ready-reference."
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It’s a reference book to a piece of literature, so naturally it refers back to the source material ... There are places where we use phrases that are identical or similar.
However, in an attempt to prove that Vander Ark knew that RDR Books was infringing on Rowling’s copyright, an attorney for Rowling presented evidence of an e-mail written by Vander Ark back in August to a Harry Potter fan site which read:
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I am more than willing to dissociate myself with RDR. They have lied to me, misled me, taken advantage of me and in the end ruined my good standing with fans and with Rowling.
At the end of Vander Ark’s testimony, for which Rowling was present in the court room, the Lexicon owner became visibly upset answering questions by RDR’s attorney.
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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.
"It’s been difficult because there’s been a lot of criticism and that was never the intention. I understand where that comes from, but it’s difficult. The Lexicon has been an important part of my life for the last eight or nine years of my life, and now, to have it turn into this ..."
You can view a video of Rowling addressing the press on the courthouse steps yesterday, courtesy of Reuters.
You can read more on the history of the case at the links below.
UPDATE: In reference to the proceedings in court yesterday, J.K.Rowling and Warner Brothers have released the following statement;
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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.
Additionally more details from Vander Ark's testimony have emerged:
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RDR attorney Anthony Falzone noted that Vander Ark’s interest has never been about money, but "passion." In testimony today, Vander Ark reported that he has made about $6,500 from the website between 2000 and 2008, through advertising.
Further to that, the judge stated that both sides should be looking toward a settlement.
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I’m concerned that this case is more lawyer-driven than it is client-driven. 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.
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I’m bringing it up now so you can think about it before you get into the rest of the case. Maybe it’s too late; maybe we’ve gone too far down the road. But a settlement is better than a lawsuit.
Ok he shouldnt have done it but to write a Hp 400 page encyclopedia it is going to take a long time and in the time between J.K announcing that she was writing it and him announcing that he is publishing it i mean it is just not enough time so im with steve on this one.
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"I was a born troublemaker and might as well earn a living at it." Fan Clubs______________Bonnie______________Level 6
i think too that writing a book would serve no use when you get evrything on the net and really fast!but if he is then it is plagarism on the other note maybe she should have given him a warning or something about the site i mean it needent have become so big an issue...
yea the site is probably the most visited site on the net and jo knew that so if she knew she was going to write an encyclopedia then she should have known that someone would write one with all that information.
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"I was a born troublemaker and might as well earn a living at it." Fan Clubs______________Bonnie______________Level 6
i cant believe so many people agree with Vander Ark on here especialy when most main fan sites TLC and mugglenet have distanced themself from him.
he is effectivly steeling jos work is that acceptable jus because she is in the public eye and has money? no jo has the right like any author, musician and artist tho protect her work
Yes jos book will take a long time but think how worth it, it will be. Her Books are worth the wait every time.
I admit I feel sorry for the dude, but... it would have been blatant plagiarism if he'd gone through with it. We've all had the message drilled into our heads from the moment we started uni: CITE!
Some people may think JK's being too strict about this, or mean, but it's her right as the author and owner of the story. It would be as if he'd kidnapped her kids.
I admit I feel sorry for the dude, but... it would have been blatant plagiarism if he'd gone through with it. We've all had the message drilled into our heads from the moment we started uni: CITE!
Some people may think JK's being too strict about this, or mean, but it's her right as the author and owner of the story. It would be as if he'd kidnapped her kids.
I never do an essay with out my copy of cite it write! and the harvard method nabs!
i really think he is in the wrong and i have nothing but contempt for him
I am not saying he is right, i wholly believe in respecting copyrights, thats why i make sure i get all of mine when i finish writing something.
I just feel sorry for him, he is just a fan that just got a little over zealous. And i hate that comment that she made about rethinking supporting her fans because of his mistake.
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I am not saying he is right, i wholly believe in respecting copyrights, thats why i make sure i get all of mine when i finish writing something.
I just feel sorry for him, he is just a fan that just got a little over zealous. And i hate that comment that she made about rethinking supporting her fans because of his mistake.
I am not saying he is right, i wholly believe in respecting copyrights, thats why i make sure i get all of mine when i finish writing something.
I just feel sorry for him, he is just a fan that just got a little over zealous. And i hate that comment that she made about rethinking supporting her fans because of his mistake.
I think you've misinterpreted her though. She's distancing herself specifically from him, which isn't surprising.
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We've all had the message drilled into our heads from the moment we started uni: CITE!
Exactly. Steve has no excuse; he's a librarian and a teacher, an educated man! And yet he's pretending to be ignorant. I don't buy it one bit.
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maybe she should have given him a warning or something about the site i mean it needent have become so big an issue...
The site is ok because it's not making a significant profit. They were served with FOUR warnings to cease & desist. But they didn't; instead they tried selling the rights to other European countries whilst trying to buy time.
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He's not trying to make money, he already has enough by the sound of it.
If it wasn't about money, then he would've offered to donate profits to charity, as Jo intended. To do otherwise is to imply that it is about cash. Particularly since he needs it to stay in the U.K. and support himself as a writer, and his family, who he recently left.
Location: Making out passionately with Dan in a bush, in Central Park.(New York City, USA)
Posts: 84
really, this is getting ridiculous...
okay maybe this vander ark guy is guilty. but jk is making this a bigger deal than it really is. if jk sees this guy as a threat she needs to realize her position. she could stop working right now and STILL carry her money over to the next generation...and personally, i wouldn't buy this man's book anyway, so this isn't about the book being a threat to her career, this is about her and the fact that her money is going to her head. she needs to relax-the guy doesn't seem like some creep looking for a quick buck-he's one, hardcore fan who made a mistake. yes, she should take him to court, and yes he may be guilty of plagiarism, but for this much pressure to be applied to one man, a FAN, and for her to make the comments she made about him and her fans in general, it just arrogant and unneccessary. this could have been handled much smoother, and much quieter. i realize she is upset but she can not forget where she came from and who brought her to the top (her fans), because that is CLEARLY what is happening. people are going to be reading her books for years to come. one extreme fan putting together a book (that many won't even buy because the information is free on the net anyway) won't really damage her career all that much. jk was very catty and extravagant in her handling of this situation. her money has made her a different person, and her appreciation of where it came from is dwindling.
If it wasn't about money, then he would've offered to donate profits to charity, as Jo intended. To do otherwise is to imply that it is about cash. Particularly since he needs it to stay in the U.K. and support himself as a writer, and his family, who he recently left.
As I stated before, it's just my opinion. You may be right, but I don't believe it is about money.
okay maybe this vander ark guy is guilty. but jk is making this a bigger deal than it really is. if jk sees this guy as a threat she needs to realize her position. she could stop working right now and STILL carry her money over to the next generation...and personally, i wouldn't buy this man's book anyway, so this isn't about the book being a threat to her career, this is about her and the fact that her money is going to her head. she needs to relax-the guy doesn't seem like some creep looking for a quick buck-he's one, hardcore fan who made a mistake. yes, she should take him to court, and yes he may be guilty of plagiarism, but for this much pressure to be applied to one man, a FAN, and for her to make the comments she made about him and her fans in general, it just arrogant and unneccessary. this could have been handled much smoother, and much quieter. i realize she is upset but she can not forget where she came from and who brought her to the top (her fans), because that is CLEARLY what is happening. people are going to be reading her books for years to come. one extreme fan putting together a book (that many won't even buy because the information is free on the net anyway) won't really damage her career all that much. jk was very catty and extravagant in her handling of this situation. her money has made her a different person, and her appreciation of where it came from is dwindling.
You're missing the point; this is way bigger than just Jo & HP. A win would set a legal precedent for ALL writers.
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As I stated before, it's just my opinion.
Fair enough, but if it's not about money, then why not donate to charity? That would be a logical progression.
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Lexicon owner testifies in court; breaks down on stand (UPDATED) 
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really, this is getting ridiculous... 
