Rant rant rant rant!

[sparkindarkness]

Back in the days of yore I posted this rant:
http://sparkindarkness.livejournal.com/193053.html

About the Harry Potter “lexicon” that was being published. Well now we have a judgement and the judgement has basically been “bitch please!” and slapped the idiot several times, prevented him from publishing. Good. http://www.sfgate.com/cgi-bin/article.cgi?file=/n/a/2008/09/08/entertainment/e103149D92.DTL
http://online.wsj.com/public/resources/documents/potterdecision.pdf (actual judgement. It’s long and boring :P)

But it seems even more foolish than I thought. Huge screeds of the books are copied without even quotation marks, let alone references! Where it isn’t a direct clone it follows so closely it may as well have just been a copy and paste. In fact, the content of her 2 companion books (Fantastic Beasts and Quidditch through the Ages) appears to have been all but copied word-for-word cover-to-cover. Ye gods, in what possible universe is this considered even remotely acceptable? Seriously who copies out vast sections of a book’s plot, including the exact words without accreditation and then assumes that that’s perfectly ok?

But still he has defenders. It’s ridiculous some of the things that have been said in his defence:

“He spent untold thousands of hours working on it!”
And? I spend hours on WoW. I dare not say how many. There are series of books I have read dozens of times. There are thousands if not millions of people out there who have spent countless hours writing fanfiction, fansites etc about a whole range of books, programmes, games. Yet I wouldn’t dream of ripping off the content of any of these products I have devoted hours to and trying to make money from it.

This is something the creators have given us, the fans, not something we have given them! They have given us thousands of hours of entertainment, they have provided us with something we value so much that we spend hours revelling in it. The idea that the time we devote to our hobbies somehow gives us a proprietary right over them - and a right over the intellectual property and to ignore copyright is ludicrous. If anything the debt flows the other way (recognised by the fact we pay MONEY for these books) because they have given us something that enriches our lives.


“But he loves the books so much!”
Again, this is like the last point. So he loves them. So he is dedicated to them. So he is unhealthily obsessed by them. SO WHAT? I speak as someone who is renown for their unhealthy obsessions - but I know that my obsession gives me no rights or control over the thing I obsess about. This is as ridiculous as fanfic writers who accuse the author of writing their characters wrong (and yes, nutcases like that do exist!) Because they are the BIGGEST FAN EVAH means that the object of their crazy obsession is somehow THEIRS? Yes, well, that’s crazy stalkerish behaviour when applied to people and just plain crazy the rest of the time.

“But she has so much money!”
And? I fail to see why her wealth is relevant here. In fact, I think it’s utterly irrelevent - it’s a matter of principle and violation. No matter how rich you are, no-one likes having their property taken. And that applies doubly when it’s their own artistic creation. When you have created something it is outrageous when someone else takes it, profits from it or presents it as their own work. It’s not a matter of “I want more money” it’s a matter of “what right does he have to do this to me and mine?”

“She didn’t complain about the internet lexicon!”
C’mon, be serious here. First of all controlling web content is crazy and nigh impossible at the best of times. But surely someone can see a difference between writing a fannish guide on the web and selling it for profit? 90% of the people who write fanfiction KNOW it’s crossing a line when you actually try to profit off it. It is frankly beyond belief that anyone cannot see the difference between selling the book for profit and maintaining a fansite.

Frankly, I think this guy got exactly what he deserved - and he knew it was coming, that’s why his contract with his publisher indemnified him against any damages from copyright violation. he knew it was going to happen and if JKR took notice he would be slapped. He doesn’t get to complain when the inevitable slapping happens

Comments

[jerril]

I'd heard conflicting information about how much of it was actual "original research", if you'll pardon the term, and how much of it was cut-n-paste.

It sounds like his "research" was much like the "research" I did in grade 6, where I'd take whole paragraphs from the encyclopedia, rearrange the sentence clauses, and declare it "written in my own words".

[harald387.livejournal.com]

Researching a fictional world that someone else created is *always* going to be a copy-paste job; the only possible information is that which the other person has already created.

I'm glad to see he got slapped with the appropriate haddocks, and also glad that he's not going to be liable for damages. It looks like he knew that this was a bad idea from the word 'go', and was willing to let the publisher take the hit when the inevitable occurred.

What really blows my mind is how the publisher's legal department ever thought this was a good idea.

[jerril]

Researching a fictional world that someone else created is *always* going to be a copy-paste job; the only possible information is that which the other person has already created.

Research of the kind I did in grades 6-10 was almost never creating original information. We always relied on work done by others, often from tertiary sources like encyclopedias. I certainly couldn't have written the paper on tigers that I did in grade 8 if I'd had to do original research first.

However, one of the huge things the teachers kept pounding into our heads was the necessity of reading the source report/article/book, whatever, and REPHRASING or REWORDING. This, by the way, is basically how any encyclopedia works, such as wikipedia. Use information from secondary sources, digest it all, and assemble it together with references to original sources of facts but with minimal use of original wording.

I don't need to cut n' paste from the original fiction to describe the known facts about "house elves", for instance. I won't need to make up any new facts about them to do it, either.

[sparkindarkness.livejournal.com]

See this is the point. If I were crazy enough to do the original Lexicon I would have entries like:

Boggart: Magical creature. Hides in enclosed people and has the ability to assume the form (and apparent powers) of what you fear most.

I may add an appropriate, short, cited book reference or just a (see pg X)

I would NOT copy verbatim Rowling's entire description of it, which is what the Lexicon appears to have done.

[sparkindarkness.livejournal.com]

Which is kinda why the Lexicon, without Rowling's go ahead, was kind of a bad idea to begin with.

Well the publisher indemnified him because he did have reservations and basically they poked him into it.

I can still see why they did it. They were banking on Rowling not caring/not noticing/not wanting the bad press a court case would bring. I mean, as the article I linked in my previous post makes clear, some people are actually outraged at her for objecting! If she hadn't bothered then it would have been worth coining it in

[sparkindarkness.livejournal.com]

I doin't think it was even re-arranged that much, depressingly

[cuglas.livejournal.com]

I think the court took into account the relative wealth of the parties in a fashion that was more than fair. The judge only awarded $6000 - $7000 to Rowling and the other plaintiffs. That's nothing. It doesn't even begin to cover the costs of the first month of the lawsuit. It wasn't really fair to the plaintiffs, actually, since they were right and they had to spend a great deal of money to protect their copyright.

On the other hand, the guy probably can't pay more than that, so they'll have to be content with the court telling him to knock it off.

[sparkindarkness.livejournal.com]

Well he was indemnified against costs by his publisher as part of the contract (and the fact his contract included a "what if I am sued for plagiarism?" clause tells you ALL you need to know)

I wish the money would have been that PLUS reasonable legal costs even if it ran the publisher into the ground. It's not really fair on JKR that she had to spend so much money to protect what was hers by rights

[helbling.livejournal.com]

I love the comment about 'why could't she just co-author it? Then she could have gotten some of the money!'

Yes, because all authors should immediately jump on any bandwagon that uses their work, whether they want to or not.

And that's ignoring the fact that she was working on an encyclopedia of her own, the profits of which were earmarked for charity, and when the author approached her the first time around, she said 'no'!

ARGH!!

[allthepettylies.livejournal.com]

OT but...can I snag your icon? I luv it. Will credit.

[sparkindarkness.livejournal.com]

Oh I love that! First of all, she DID co-author it. No, I tell a lie, she SOLO authored it. It just happens to be his name on the cover and his bank balance the money came to.

Secondly she may not have wanted to do it. I mean, it's her work, her fiction. If she doesn't WANT a guide then that's her business. A good example is Terry Pratchett and the Map of Ankh Morpork. While he's generally been all behind all the (rather cynical) extra books out there it does include his original reservations about mapping a fictional place - and the way such guides can be seen to bind the author.

I mean, if you let it be pubished, isn't there at least an implication of it being canon?

And that's aside from the basic instinct of "these are mine, damn it, leave them alone."

[semiotic-pirate.livejournal.com]

Aye. On all counts.

[sparkindarkness.livejournal.com]

All righteous folk agree :)

[home-of-usher.livejournal.com]

This seems to be a sensitive topic. I'll just say I agree with the ruling, but I've lost enough respect for the author in how this was handled that I couldn't give two shits what happens to her work. It might be sort of along the lines of 'But she has so much money!' but more along 'doesn't she have better things to do than screech and flame an obsessed fan publicly?' That's what bothers me the most. When creators have the right to dictate what happens in and with their 'verse, I have no problem with that. When they begin ranting and raving at the people afflicted with teh Stoopid and do so publicly, (not to mention at great expense for said public embarrassment) then they become in my eyes no better than a 5 year old proclaiming showy dominion over all their trademarked toys in the toy box and dire consequences for anyone who plays with them without bowing down in homage and royalties. George Lucas has done it, Ann Rice has done something similar. I think there was some issue with Mercedes Lackey at one point as well over an RPG a fan was making based on her Mage universe. There's many more I'm sure that I have ceased bothered to recall the names of. As much as I still enjoy an author's creative endeavor, maybe it's too much for me to expect they at least settle matters more discretely without public defamation of the offender. Making an example of someone is one thing, acting no better than their level is another. I understand they are only human protecting what is theirs and like mother animals defending young, they will do so viciously. If it was my work I would be upset and offended too, but I would not want it public forum. I would not speak about it to any newspapers. It would be counter productive to being an inspiration for young people and other budding authors if I acted negatively or aggressively towards someone in regards to my work. As justified as she is, I no longer care what happens with her work. She'll get what she's owed, she will continue to make additions to her universe as long as she wants to. She could also disappear completely tomorrow and I wouldn't mind. Let's move on.

[sparkindarkness.livejournal.com]

I'm not entirely sure of any reported bad conduct, I haven't come across them.

I can understand her anger that may have prompted any (depending on the severity of it). I mean, if someone was messing around with Darren and Rick I'd feel a bit weirded - these are mine, damn it. What are you doing to them?! That's just wrong!!!

On the net it'd be fine because I can kind of just ignore it (or read it if I liked it) but the idea that someone had published them and was making money off them? Oooooh, I would be more than a little... irrational. But still, if she had huge public rants, then that was just badness. There was no need for that - a more restrained disapproval would hqve been more dignified.

[home-of-usher.livejournal.com]

I can understand her anger that may have prompted any (depending on the severity of it). I mean, if someone was messing around with Darren and Rick I'd feel a bit weirded - these are mine, damn it. What are you doing to them?! That's just wrong!!!

heh now I have some image in my head of some crack fanwriter trying to write a story that made them straight... I don't think the idea would sell anyways. Everyone knows they'd be worth much more as they are and no one can do that but you. OW my head.. XD

I agree on the restrained disapproval. Hell, Neil Gaiman's response to some hate mail still amuses me. http://journal.neilgaiman.com/2008/07/roof-of-all-evil.html it's the batman part. just wow. heh classy reply.

[snuck.livejournal.com]

Agree on all counts, emotions don't actually have much place in law, and the risks and likelihood of success play a part in deciding when/if to proceed. As does the 'intent' - when it's internet it's largely fandom, and hard to control/manage, When it's paper, and for profit that's different.

All I'm left wondering is whether there was attempts at mediation or resolution before it got to court.

Because any asshat would have seen that this going to court was going to lose.

[sparkindarkness.livejournal.com]

Well that's the thing - there were C&D letters that were ignored. I mean, there's no real negotiation here. One side wants the book to be published. The other side doesn't. There's no real middle ground.

JKR's people sent a letter telling them to stop... and they didn't. There's not much to negotiate on

[only-playing.livejournal.com]

Just because you love something doesn't make it yours. I love my best friend's jacket. It is big and warm and fuzzy. But it is his. If I want a jacket like it, then I need to go buy a jacket like it.

Just because I love book A, doesn't mean it is mine. I love the Harry Potter books. They are big and warm and fuzzy. But they are the intellectual property of JKR. If I want a book like them, then I need to go write a book, but not use JKR's intellectual property!

[sparkindarkness.livejournal.com]

Or steals it precioussss :)

[allthepettylies.livejournal.com]

This whole thing is just utterly ridiculous, in my honest opinion.

I think he should have asked her permission first, and been able to accept the answer if it was a "No." or a "Hell no."

But still, my respect for J.K. Rowling is just gone, so I'm kinda glad she had to go through all this. Payback for such a crappy ending to the series.

[sparkindarkness.livejournal.com]

Well rumours conflict. One is he did ask and she said no but he went ahead anyway

The other is they didn't ask. I can understand that - because if you ask you're accepting that you NEED to, at least on some level, y'see? And if you have accepted that it ruins any future conflict