September 11th, 2008

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HARRY POTTER LEXICON, Part IV: Conclusions of Law, Fair Use; Also, Part V: Damages and Conclusion

For ease of reading, a collection of Lexicon Links from Foresthouse Central:

The briefs are filed and here’s what’s going on in them
A few notes on the trial, commentary
More notes on the trial, commentary
Orson Scott Card vs. JK Rowling: He is WRONG (a discussion of Fair Use and the Ideas/Expression Dichotomy)
Link to the decision
Decision Breakdown: Part I, Findings of Fact
Decision Breakdown: Part II, Copyright Infringement
RANT re: Knowing the Facts Before You Take Sides, and other things
Decision Breakdown: Part III, Derivative Work
Decision Breakdown: Part IV, Fair Use, and Part V, Damages and Conclusion

PLEASE NOTE: This is not my "analysis" of the case; this is a summary of the decision as rendered by the court, with a few footnotes of commentary. Analysis to come. :)

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ETA: For some good analysis, check out the discussion at Info/Law. (Hah. Neither of us is fond of the court's switching the order of the factors. Also see his comment on FN. 18 - I like the way he structures how the analysis could have gone instead. And see his comment in the comments re: the same point.)

Also, Praetorianguard discusses the case. (Haven't had time to read it yet!)

And a discussion on Groklaw (Same.)

And here's an article that talks sense about why Rowling was right to sue.