geri_chan | Injunction issued against Lexicon book

The judge in the Lexicon case issued an injunction, prohibiting RDR from publishing the Lexicon book. From what I can gather, reading the various links and articles--I didn't try to plow through the whole legal document--the judge decided that the "Lexicon appropriates too much of Rowling’s creative work for its purposes as a reference guide." (From the Wall Street Journal Blog.) However, he adds that, "While the Lexicon, in its current state, is not a fair use of the Harry Potter works, reference works that share the Lexicon’s purpose of aiding readers of literature generally should be encouraged rather than stifled." Which seems to imply that if the book had contained a higher percentage of original material, it would've fallen within fair use.

Elfwreck on metametameta pointed out that it's a win for JKR but only barely, as the ruling states that in general, reference works and companion guides should be encouraged rather than stifled. And the plaintiffs were awarded only the minimum damages of $750 for each of the seven novels and the two companion guides ("Quidditch Through the Ages" and "Fantastic Beasts and Where to Find Them")--$6,750 total. Elfwreck on

So JKR is claiming victory and vindication, but it seems like it was a close decision. As I said above, the reference to "not in its current state" seems to indicate that a rewrite could pass muster, although I don't know if RDR would want to risk another possible lawsuit, and from the minimum damages awarded--pocket change for JKR, I'm sure--it doesn't seem like the judge thought it was a huge offense.

What bothers me is that judge's decision seems to be based partially on the fact that the Lexicon book would have competed with JKR's planned encyclopedia. I don't understand all the legal ramifications, but it seems unfair to me to stop publication of a book because it might compete with a book that hasn't even been written yet! Sorry, but I just don't get it.

Not that RDR is totally blameless. It's hard to judge, as I haven't read the actual manuscript--and now it seems like none of us ever will--but it seems foolish not to have put in more analytical content, essays and mythological backgrounds and such, to balance out the copyrighted material.

What bothers me more than the judge's ruling against RDR is all the nastiness, from pro-JKR fans posting nasty gossip about Steve's personal life that had absolutely nothing to do with the lawsuit, to death threats being made against a pro-Steve fan on the Mugglecast news comments, and John Noe of PotterCast saying that a "true Harry Potter fan" wouldn't feel sympathy for Steve, and Melissa Anelli (also of PotterCast) not understanding why I found it disrespectful to be judged as "not a true fan".

I sent them a long e-mail after that incident, explaining why I was no longer a PotterCast listener; here are the main points: ...And you said that you wouldn't call me disrespectful as long as I didn't resort to flaming, but to me, saying that I'm not a true fan is as hurtful a flame as if someone called me a swear word. And please, try to think how you would feel if someone that you had always liked and respected suddenly said that people who felt the way you did were not "true fans". Can you honestly say that you would not feel hurt or insulted? Isn't it painful when people say that you are just catering to JKR and WB when you voice disagreement with Steve? Doesn't it make you angry that they are questioning your integrity? Well, that is how I felt when John said that he didn't see how a true fan could sympathize with Steve...I guess what I'm trying to say is that I was hoping that you guys would set a good example for the fandom, and remind fans to treat each other with respect. In Mugglecast's episode about the trial, they reminded fans to keep their discussion of the trial polite, and I was hoping you guys would issue a similar reminder. Instead, I feel that John may have unintentionally encouraged fans to continue insulting each other.

I never got a response, and I told them I didn't expect one, although I admit I was secretly hoping they would say, either in a reply or on the show, that they never intended to insult anyone or encourage that kind of behavior. But they came off to me as increasingly judgmental in their coverage of the trial, and if anything, they were probably thinking, "Good riddance and don't let the door hit you on the way out." Again, as I stated in the original post, I'm not saying that they should change their opinion; I just want them to be respectful of those of us who disagree, and not to throw fuel on the fire of fandom warfare.

I hate to think how smug the the fanatic portion of the JKR supporters will be about this, even if it's "barely" a victory. (I'm not speaking, of course, of the fans who were calm and reasonable in their support, and didn't go around insulting everyone who disagreed with them.) Now that the decision is made, for good or for ill, I hope all the fuss will die down and people can go back to enjoying the fandom. But I will never forget how unwelcome I was made to feel in certain corners of fandom, just because I dared to have a different opinion from them. Then again, I suppose the fandom had always been full of wank about shipping wars or good vs. bad Snape or whatever--it was just the first time that I got caught up in the middle of it.

Of course, it might all start up again if RDR chooses to appeal the decision! Right now, they are considering their options.

Oh, new update! Mugglenet linked to an interview with Steve, in which he said that he's disappointed with the decision, but he doesn't hold any ill will, and he's glad that it's over. He's working on a new book, a travel memoir, in which he visits places referenced in the books--which definitely sounds like it would avoid any copyright issues. It's set to be released in October--by Methuen Publishing, I notice, not RDR. It's a pity that the lawsuit has turned many fans against him, but I will definitely be buying his book when it comes out.