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RDR Books Files Notice of Appeal

Posted by: Kristin
November 11, 2008, 04:08 PM

As we reported in September, Judge Robert Patterson ruled in favor of J.K. Rowling and Warner Brothers in the copyright case against RDR Books, publisher of the book version of the Harry Potter Lexicon website. RDR Books has now officially filed a notice of appeal. An actual appeal will follow.

Past Leaky coverage of the trial can be found here.

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Confederate Lady

OH WOW! What a “surprise”! [NOT] I was pretty sure this would happen. Sore losers, with obviously, a lot of money to waste. Sad, really.

Posted by Confederate Lady on November 12, 2008, 09:00 AM report to moderator

While agreeing with most of you and also rolling my eyes at what appears to be a time and money wasting choice by RDR, I am curious what grounds for appeal they will come up with.
A new report just came out yesterday, from American U, on the fair use of copyrighted materials. The report of course is meant for the use of materials in education and the classroom —and the fair use of copyrighted materials is a very hot issue in publishing because of the royalties involved.
so, let’s see what the attornies file as grounds for their appeal

Posted by budb on November 12, 2008, 09:48 AM report to moderator

G’mornin’, C Lady and Prof P, and anyone i may have missed in my undercaffinated state….

Posted by budb on November 12, 2008, 09:50 AM report to moderator

Wait…Do they think that the book will actually sell if they win this? If so, then they are clearly delusional.

They just need to give it up and move on with their lives. Sheesh.

Posted by ccm&hp on November 12, 2008, 10:16 AM report to moderator

I was afraid of this happening, and i am sad to say this doesn’t surprise me in the least, well it is there right to appeal, but what a waste of money and time

Posted by ravenclawguy1972 on November 12, 2008, 11:22 AM report to moderator

Cmb, are you a lawyer? I am and actually practice copyright litigation, and I am confused by your “nit.” The word “appeal” refers to the whole process of appealing. When you say the appeal comes later, do you mean the opening brief in support of the appeal? The way an appeal works is that you file the notice of appeal, then you have the district court clerk prepare the record, then later the appellant files its opening brief, followed by the respondent’s brief, followed by a reply, then oral argument, and then eventually a decision. There are minor details, but that’s the gist. The whole process can take a long time, one, even two, years. I’m sure no one on here cares about this, but it’s just kind of annoying to read you complaining about legal nits when your own comment is rather unclear and incorrect. The “appeal” refers to the whole process. To the extent people use the term to refer to any particular document filed, it is probably most often used to prefer to the “notice of appeal” as was done here.

For those of you complaining that they shouldn’t bother to appeal because they already lost the first time, the fact is that the reason why have appellate courts is because district courts can, and do, get it wrong. The majority of cases are affirmed on appeal, but a significant number of cases do get reversed.

I think this appeal is a good thing because, whether affirmed or reversed, the case will develop copyright law more if and when it issues from the 2nd circuit court of appeals rather than if it remains a district court decision.

Posted by Anonymous on November 13, 2008, 03:00 AM report to moderator
Confederate Lady

G’mornin’ budb! Long time, no “see”! I think this is getting pretty sad, on RDR/SVA’s part. I don’t think they are going to find any “relief” by appealing, but then again….. it WILL be interesting to see their “grounds for appeal” Gosh these “lawyers” get riled, don’t they? Time will tell…thanks, TLC, for keeping us “up to date” on this ridiculousness.

Posted by Confederate Lady on November 13, 2008, 07:54 AM report to moderator
Jason M.

My goodness. I can’t believe to what lengths that RDR is going to pass a book that clearly violates copyright law.

Posted by Jason M. on November 13, 2008, 08:55 AM report to moderator

“My goodness. I can’t believe to what lengths that RDR is going to pass a book that clearly violates copyright law.” – Jason M.

I’m assuming you mean their legal right to appeal a decision they disagree with? A right that has been part of the legal system for hundreds of millions of cases? You are of course referring to a “standard” procedure in most cases that have come before any court for decades?

RDR Books is not taking any any extraordinary measure here. They are just following an established procedure for litigation. Anyone who didn’t see this coming (IMHO) has a very narrow view of how things work in this world. While its highly unlikely to change anything that has come before, they have the right to appeal. IF the decision is overturned (again… highly unlikely…) someone will appeal that decision as well. And that could go on for years. Wasting money in court is something we are expert at in the US and if RDR wants to piss away more money who are we to stop them? At some point this case will cost them more then its worth to continue and only then will they stop the process.

Posted by Biodredd on November 20, 2008, 08:44 AM report to moderator
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