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	<title>Comments on: Fair use v. Falling in line with Harry Potter</title>
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	<link>http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/</link>
	<description>Let's just see what happens</description>
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		<link>http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/comment-page-1/#comment-33453</link>
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		<pubDate>Wed, 11 Jun 2008 20:08:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/#comment-33453</guid>
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		<link>http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/comment-page-1/#comment-32248</link>
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		<pubDate>Thu, 29 May 2008 05:36:52 +0000</pubDate>
		<guid isPermaLink="false">http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/#comment-32248</guid>
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		<title>By: Mandy</title>
		<link>http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/comment-page-1/#comment-28016</link>
		<dc:creator>Mandy</dc:creator>
		<pubDate>Sat, 23 Feb 2008 13:46:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/#comment-28016</guid>
		<description>I am really unsure of whose side I am on. There is alot of talk about what is in the book. If it really is just a list of spells, characters etc. then i would have to agree that it is a violation of copyright laws, however, it there is any commentary, thoughts or reviews then i would say it was more like a really long book review.

i dont think it is fair for Rowling to use the excuse that she was thinking of creating an encyclopedia and donnating the profits to charity because first of all there is no evidence she was writting or even thinking about writting a Harry Potter encyclopedia. I think that was something made up to make her seem like the good guy.</description>
		<content:encoded><![CDATA[<p>I am really unsure of whose side I am on. There is alot of talk about what is in the book. If it really is just a list of spells, characters etc. then i would have to agree that it is a violation of copyright laws, however, it there is any commentary, thoughts or reviews then i would say it was more like a really long book review.</p>
<p>i dont think it is fair for Rowling to use the excuse that she was thinking of creating an encyclopedia and donnating the profits to charity because first of all there is no evidence she was writting or even thinking about writting a Harry Potter encyclopedia. I think that was something made up to make her seem like the good guy.</p>
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		<title>By: The Challenge &#187; We are oh, so outdated!</title>
		<link>http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/comment-page-1/#comment-27458</link>
		<dc:creator>The Challenge &#187; We are oh, so outdated!</dc:creator>
		<pubDate>Tue, 12 Feb 2008 22:55:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/#comment-27458</guid>
		<description>[...] article on the New York Times, which I got to thanks to Joho, put me to think about the never ending question of Copyright laws and overall intellectual [...]</description>
		<content:encoded><![CDATA[<p>[...] article on the New York Times, which I got to thanks to Joho, put me to think about the never ending question of Copyright laws and overall intellectual [...]</p>
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		<title>By: Barbara</title>
		<link>http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/comment-page-1/#comment-27457</link>
		<dc:creator>Barbara</dc:creator>
		<pubDate>Tue, 12 Feb 2008 22:04:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/#comment-27457</guid>
		<description>If it&#039;s all content already written and merely harvested and rearranged, that&#039;s a problem. But if it&#039;s actually an index to content... that would be different. You might argue an index adds nothing new, but it enables discovery in a different way. Google makes a profit by indexing other people&#039;s content - and it&#039;s very useful, even though they add nothing new and, in fact, cache a copy of everything.

I know - that&#039;s probably different than this book, but I still have problems with &quot;these are my characters and ideas; now fall in line.&quot; Admittedly, Rowling and her lawyers may have been quoted out of context, but if there&#039;s any truth to the attitude, I think it&#039;s problematic.</description>
		<content:encoded><![CDATA[<p>If it&#8217;s all content already written and merely harvested and rearranged, that&#8217;s a problem. But if it&#8217;s actually an index to content&#8230; that would be different. You might argue an index adds nothing new, but it enables discovery in a different way. Google makes a profit by indexing other people&#8217;s content &#8211; and it&#8217;s very useful, even though they add nothing new and, in fact, cache a copy of everything.</p>
<p>I know &#8211; that&#8217;s probably different than this book, but I still have problems with &#8220;these are my characters and ideas; now fall in line.&#8221; Admittedly, Rowling and her lawyers may have been quoted out of context, but if there&#8217;s any truth to the attitude, I think it&#8217;s problematic.</p>
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		<title>By: Luiz</title>
		<link>http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/comment-page-1/#comment-27443</link>
		<dc:creator>Luiz</dc:creator>
		<pubDate>Tue, 12 Feb 2008 16:27:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/#comment-27443</guid>
		<description>Barbara, there are plenty of books about Harry Potter that do not infringe copyright because, even though they are derivative, most of their content is original. Commentary is original. Speculation is also original.

But the fact that RDR is poorly trying to hide is that the Lexicon has NO original content at all. They are simply re-organizing copyrighted information and selling it as if it belonged to them.</description>
		<content:encoded><![CDATA[<p>Barbara, there are plenty of books about Harry Potter that do not infringe copyright because, even though they are derivative, most of their content is original. Commentary is original. Speculation is also original.</p>
<p>But the fact that RDR is poorly trying to hide is that the Lexicon has NO original content at all. They are simply re-organizing copyrighted information and selling it as if it belonged to them.</p>
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		<title>By: J.K. Rowling and the Half-Baked Lawsuit &#171; barbara fister&#8217;s place</title>
		<link>http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/comment-page-1/#comment-27442</link>
		<dc:creator>J.K. Rowling and the Half-Baked Lawsuit &#171; barbara fister&#8217;s place</dc:creator>
		<pubDate>Tue, 12 Feb 2008 15:54:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/#comment-27442</guid>
		<description>[...] an interesting series of comments can be found here. It sounds like a tangle of lawsuits, but I still think people should be allowed to write books [...]</description>
		<content:encoded><![CDATA[<p>[...] an interesting series of comments can be found here. It sounds like a tangle of lawsuits, but I still think people should be allowed to write books [...]</p>
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		<title>By: Barbara</title>
		<link>http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/comment-page-1/#comment-27441</link>
		<dc:creator>Barbara</dc:creator>
		<pubDate>Tue, 12 Feb 2008 15:41:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/#comment-27441</guid>
		<description>I see this differently. I don&#039;t think &quot;derivative work&quot; should be an exclusive right to someone who has created an extraordinary cultural artifact. Stories that inspire people, engage people, and become the talk of the day are not a product line that is wholly owned by one person or one corporation. 

People should be allowed to publish books about other books. Particularly books that have had the kind of impact these have.

The fact that it&#039;s not free doesn&#039;t alter the argument for me.</description>
		<content:encoded><![CDATA[<p>I see this differently. I don&#8217;t think &#8220;derivative work&#8221; should be an exclusive right to someone who has created an extraordinary cultural artifact. Stories that inspire people, engage people, and become the talk of the day are not a product line that is wholly owned by one person or one corporation. </p>
<p>People should be allowed to publish books about other books. Particularly books that have had the kind of impact these have.</p>
<p>The fact that it&#8217;s not free doesn&#8217;t alter the argument for me.</p>
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		<title>By: Frank Wilhoit</title>
		<link>http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/comment-page-1/#comment-27405</link>
		<dc:creator>Frank Wilhoit</dc:creator>
		<pubDate>Mon, 11 Feb 2008 14:38:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/#comment-27405</guid>
		<description>We DO have an entire generation of criminals.  But they a&#039;n&#039;t neither who the content industry thinks they are.</description>
		<content:encoded><![CDATA[<p>We DO have an entire generation of criminals.  But they a&#8217;n't neither who the content industry thinks they are.</p>
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		<title>By: Luiz</title>
		<link>http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/comment-page-1/#comment-27403</link>
		<dc:creator>Luiz</dc:creator>
		<pubDate>Mon, 11 Feb 2008 14:01:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.hyperorg.com/blogger/2008/02/10/fair-use-v-falling-in-line-with-harry-potter/#comment-27403</guid>
		<description>You are welcome, David. Most of the articles I&#039;ve seen on the subject focus on the &quot;David vs. Goliath&quot; and forget to see what the Lexicon really is about. The Stanford Fair Use Project, I&#039;m sure they are concerned about the &quot;choke&quot; on creativity, and rightfully so, but this simply should not be a case for them, because there is no creativity involved in the Lexicon - except for the essays, which will not be in the book. In fact, if you go to Justia and look at the typeset of the book RDR intends to publish, it is just an A to Z index and not much more.

And by the way, the Steve Vander Ark comment I just quoted comes from RDR&#039;s response to Warner&#039;s sue, so you can see just how poor of a case they are making for themselves.</description>
		<content:encoded><![CDATA[<p>You are welcome, David. Most of the articles I&#8217;ve seen on the subject focus on the &#8220;David vs. Goliath&#8221; and forget to see what the Lexicon really is about. The Stanford Fair Use Project, I&#8217;m sure they are concerned about the &#8220;choke&#8221; on creativity, and rightfully so, but this simply should not be a case for them, because there is no creativity involved in the Lexicon &#8211; except for the essays, which will not be in the book. In fact, if you go to Justia and look at the typeset of the book RDR intends to publish, it is just an A to Z index and not much more.</p>
<p>And by the way, the Steve Vander Ark comment I just quoted comes from RDR&#8217;s response to Warner&#8217;s sue, so you can see just how poor of a case they are making for themselves.</p>
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