HP Lexicon: Analyzing the Pre-Trial Statements

[rattlesnakeroot]

Bluestocking has written a careful and detailed analysis of the Pre-Trial documents in the HP Lexicon case. All of it is great, but be sure you read her final paragraph about the flurry of filings over the past few days and the deluge of exhibits from WB. Attorney David Hammer filed a "Motion in Limine" to the court for those new exhibits to be

Comments

[lunas_ceiling]

"Defendant’s book is based on the series and substantially similar. This is a gross misstatement of law. I checked the case law for copyright infringement “based on a work” isn’t good enough. You have to show “copying of the work.” Ok Plaintiffs are off to a rough start. Cendali is damaging her credibility as counsel with this one. Judges don’t like it when attorneys misstate the law"

This is not the first time, nor will it be the last that plaintiffs counsel misstates the law or damages her credibility. Does anyone seriously believe the 900 pages of discovery material and exhibits weren't held off until the 11th hour to delay? I doubt the judge will be fooled by this nonsense. Hammer Time!

[rattlesnakeroot]

We're all still waiting to find out what's up with this hearing today. If anyone hears anything please post it here, and thanks in advance.

[shyfoxling]

Bad faith- SVA tried to publish this book clandestinely.

So "SVA" has also made it to three-letter status, like JKR herself? ;)

[rattlesnakeroot]

People have been calling me "SIP" since about the second week I was in Fandom. I think the plan is for everyone to have three initials by the year 2010. *lol*

[lunas_ceiling]

I am re-posting the same comment here as I did under the Simon and Garfunkel song. I think the lateness of the hour is to blame for my not posting it here to begin with. Here goes

Well, it appears the publicity machine has been set in motion to announce the testimony of JK Rowling in the trial on Monday. A Deadline Hollywood Report is the first to confirm the scheduled trip from Scotland to Stop Publication Of "Harry Potter Rip-Off"

Selected highlights from this "unbiased" report include:
Ms. Rowling also believes that if this book is published, it may detract from sales of her own planned encyclopedia, the proceeds from which will go to charity, just as the proceeds from her other companion books have already been donated to charity.

Cease and Desist letters have now been redefined as:
Repeated, cordial efforts have been made to persuade RDR Books not to go ahead with publishing the Lexicon. Although it has agreed to remove J. K. Rowling’s name from the back cover, RDR Books has refused to stop publication, leading to the

[rattlesnakeroot]

I saw the story about Darfur - a worthy cause, but luckily well-timed also.

It's been either a Charity or and Award-a-Day for the past two weeks. The PR machine rolls on.

Good Lord - I hadn't seen those pictures! You'd think people would learn something from the Janet Jackson fiasco. *lol*

[lunas_ceiling]

True enough about Janet Jackson. I don't think this is her first wardrobe malfunction though. Didn't she have another dress fiasco on her Deathly Hallows tour? You would think with all her money she could get someone to alter these dresses. They also do sell wardrobe tape for such dilemmas as well.