Date: 2008-09-09 12:54 Subject: Groklaw, a good summary of the case/decision Security: Public

A friend passed me this link to what looks to be the best summary and analysis of the Lexicon court decision I've seen yet:

http://www.groklaw.net/article.php?story=20080909014304275

Brief excerpts:

"It must have been an very hard decision, and Rowling certainly didn't win every claim. The court rejected the allegations of bad faith and willfulness, as I'll show you."

"The fact is, Rowling led the defendant on with praise of his work, there was talk of him being the editor of the official encyclopedia, then changed her mind about having him or anyone as editor and decided to do it herself. Her prior praise of his fan site weighed against her."

"The impression I get from the Order is that if he'd been less of a fan and copied less and written more of his own words instead, it would have worked out better for him. The court, despite finding against fair use, found the defendant at the time had a reasonable belief that it was fair, and that shows me how close the call was."

"in analyzing the four factors courts use for fair use determinations case by case, this judge decided it didn't pass ultimately. But he managed to do so without... damaging the field for transformative fair use works.... The truth is, the defendant could have done a lexicon without all the copying that might have survived challenge."