<?xml version="1.0" encoding="utf-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: Neil Gaiman Chips In About Fair Use And J. K. Rowling</title>
	<atom:link href="http://www.dvorak.org/blog/2008/04/26/neil-gaiman-chips-in-about-fair-use-and-j-k-rowling/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.dvorak.org/blog/2008/04/26/neil-gaiman-chips-in-about-fair-use-and-j-k-rowling/</link>
	<description>General interest observations and true web-log.</description>
	<lastBuildDate>Thu, 18 Mar 2010 00:07:52 +0000</lastBuildDate>
	<generator>http://wordpress.org/?v=2.9.2</generator>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
		<item>
		<title>By: mrpalmer420</title>
		<link>http://www.dvorak.org/blog/2008/04/26/neil-gaiman-chips-in-about-fair-use-and-j-k-rowling/comment-page-1/#comment-1113305</link>
		<dc:creator>mrpalmer420</dc:creator>
		<pubDate>Tue, 29 Apr 2008 16:06:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.dvorak.org/blog/?p=17480#comment-1113305</guid>
		<description>I may be wrong but i do believe that Gaimen was also involved in a lawsuit with Todd McFarlane involving copywrite issues.  

http://en.wikisource.org/wiki/Gaiman_v._McFarlane

This is a link to the lawsuit</description>
		<content:encoded><![CDATA[<p>I may be wrong but i do believe that Gaimen was also involved in a lawsuit with Todd McFarlane involving copywrite issues.  </p>
<p><a href="http://en.wikisource.org/wiki/Gaiman_v._McFarlane" rel="nofollow" rel="nofollow" target="_blank"></a><a href='http://en.wikisource.org/wiki/Gaiman_v._McFarlane' rel="nofollow" target="_blank">http://en.wikisource.org/wiki/Gaiman_v._McFarlane</a></p>
<p>This is a link to the lawsuit</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: the_leander</title>
		<link>http://www.dvorak.org/blog/2008/04/26/neil-gaiman-chips-in-about-fair-use-and-j-k-rowling/comment-page-1/#comment-1110286</link>
		<dc:creator>the_leander</dc:creator>
		<pubDate>Mon, 28 Apr 2008 01:28:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.dvorak.org/blog/?p=17480#comment-1110286</guid>
		<description>As I understand Fair Use, their are exceptions made for things like education. As I understand it, this book is a pure encyclopaedia, so *should* fall under that category. If this had been some kind of HP spin off or similar I could see and understand the reasoning behind the suit. But it isn&#039;t. 

But as stated, regardless of the outcome, I can see there being serious repercussions as a result of this going to trial. Copyright, especially in literature is a minefield, both in the US and in the UK; cases like these only serve to make the situation worse.

Yes, it&#039;s her baby and as I said, I fully understand her desire to protect her work, just as I do mine. But there are larger issues then grey areas of copyright to consider here: Spanking your biggest fans in loud and public ways tends to make you look bad, just ask Metalica how well they&#039;ve been doing since calling their fanbase a bunch of thieves. If she carrys on, even if she is within her rights legally she could well end up right along side Lars on the high ground of Nowheresville, Yorks.</description>
		<content:encoded><![CDATA[<p>As I understand Fair Use, their are exceptions made for things like education. As I understand it, this book is a pure encyclopaedia, so *should* fall under that category. If this had been some kind of HP spin off or similar I could see and understand the reasoning behind the suit. But it isn&#8217;t. </p>
<p>But as stated, regardless of the outcome, I can see there being serious repercussions as a result of this going to trial. Copyright, especially in literature is a minefield, both in the US and in the UK; cases like these only serve to make the situation worse.</p>
<p>Yes, it&#8217;s her baby and as I said, I fully understand her desire to protect her work, just as I do mine. But there are larger issues then grey areas of copyright to consider here: Spanking your biggest fans in loud and public ways tends to make you look bad, just ask Metalica how well they&#8217;ve been doing since calling their fanbase a bunch of thieves. If she carrys on, even if she is within her rights legally she could well end up right along side Lars on the high ground of Nowheresville, Yorks.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: bobbo</title>
		<link>http://www.dvorak.org/blog/2008/04/26/neil-gaiman-chips-in-about-fair-use-and-j-k-rowling/comment-page-1/#comment-1110256</link>
		<dc:creator>bobbo</dc:creator>
		<pubDate>Mon, 28 Apr 2008 01:09:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.dvorak.org/blog/?p=17480#comment-1110256</guid>
		<description>#28--leander==if the work is different enough or fair use enough to NOT be appropriating the work of JK Rowling, then Vander Ark can do as HE wishes.

If the work is an appropriation of JK Rowlings work, then SHE has the right to do as she wishes.  Doesn&#039;t matter what she wants to do with it--its HERS.

I don&#039;t think the question is that hard to determine.  Look at the reference book.  Could it be written or make any sense without Harry Potter series?  If not, then it is an appropriation of JK Rowlings work--unless it has a fair use exception==as in making a comment about it in passing.

Now, almost by definition, a whole book on nothing but Harry Potter seems like appropiration to me.  The fact that it had been in some form on the internet is irrelevant.  The fact that you or I or Gaiman would be flattered is also irrelevant.

Like her own baby, Rowling controls the fate of her creation.</description>
		<content:encoded><![CDATA[<p>#28&#8211;leander==if the work is different enough or fair use enough to NOT be appropriating the work of JK Rowling, then Vander Ark can do as HE wishes.</p>
<p>If the work is an appropriation of JK Rowlings work, then SHE has the right to do as she wishes.  Doesn&#8217;t matter what she wants to do with it&#8211;its HERS.</p>
<p>I don&#8217;t think the question is that hard to determine.  Look at the reference book.  Could it be written or make any sense without Harry Potter series?  If not, then it is an appropriation of JK Rowlings work&#8211;unless it has a fair use exception==as in making a comment about it in passing.</p>
<p>Now, almost by definition, a whole book on nothing but Harry Potter seems like appropiration to me.  The fact that it had been in some form on the internet is irrelevant.  The fact that you or I or Gaiman would be flattered is also irrelevant.</p>
<p>Like her own baby, Rowling controls the fate of her creation.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: the_leander</title>
		<link>http://www.dvorak.org/blog/2008/04/26/neil-gaiman-chips-in-about-fair-use-and-j-k-rowling/comment-page-1/#comment-1110234</link>
		<dc:creator>the_leander</dc:creator>
		<pubDate>Mon, 28 Apr 2008 00:48:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.dvorak.org/blog/?p=17480#comment-1110234</guid>
		<description>I write myself and have been trying to follow this as best as I can since I first heard of it. From what I understand this Vander Ark chap actually started up his encyclopaedia online in the form of a wiki some time back, and then went on to produce the book. 

Now, suiing your fans, especially the ones who through their own actions help to construct portals which the fanbase as a whole can congregate just doesn&#039;t make much sense to me. The book itself will, so far as I can see only help to increase sales of the Harry Potter series, so it&#039;s not as though Rowling will even loose money. So her actions are to me utterly baffling. 

Maybe it&#039;s the principle of not asking first, or maybe Rowling really is that tight for cash but I can&#039;t see this one ending well in terms of PR and general good will if this continues.

Perhaps a percentage of the profits will be offered and all will be fixed, certainly I&#039;m none too chuffed at the idea of either precedent resulting as a result of this court case.

Personally I&#039;d be thrilled that someone had taken the time to put together such a work based on my own imaginings. Then again I&#039;d hope they would have the good grace to ask first, perhaps even allow a little collaboration in such an endeavour, time will tell on that one though I suspect heh.</description>
		<content:encoded><![CDATA[<p>I write myself and have been trying to follow this as best as I can since I first heard of it. From what I understand this Vander Ark chap actually started up his encyclopaedia online in the form of a wiki some time back, and then went on to produce the book. </p>
<p>Now, suiing your fans, especially the ones who through their own actions help to construct portals which the fanbase as a whole can congregate just doesn&#8217;t make much sense to me. The book itself will, so far as I can see only help to increase sales of the Harry Potter series, so it&#8217;s not as though Rowling will even loose money. So her actions are to me utterly baffling. </p>
<p>Maybe it&#8217;s the principle of not asking first, or maybe Rowling really is that tight for cash but I can&#8217;t see this one ending well in terms of PR and general good will if this continues.</p>
<p>Perhaps a percentage of the profits will be offered and all will be fixed, certainly I&#8217;m none too chuffed at the idea of either precedent resulting as a result of this court case.</p>
<p>Personally I&#8217;d be thrilled that someone had taken the time to put together such a work based on my own imaginings. Then again I&#8217;d hope they would have the good grace to ask first, perhaps even allow a little collaboration in such an endeavour, time will tell on that one though I suspect heh.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: bobbo</title>
		<link>http://www.dvorak.org/blog/2008/04/26/neil-gaiman-chips-in-about-fair-use-and-j-k-rowling/comment-page-1/#comment-1109081</link>
		<dc:creator>bobbo</dc:creator>
		<pubDate>Sun, 27 Apr 2008 05:22:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.dvorak.org/blog/?p=17480#comment-1109081</guid>
		<description>#26--airphloo==I agree.  It was just the first analogy that came to mind.  But credit the analogy to Gaiman when he says in the posted article:  &quot;My heart is on the side of the people doing the unauthorised books, probably because the first two books I did were unauthorised, and one of them, Ghastly Beyond Belief, would have been incredibly vulnerable had anyone wanted to sue Kim Newman and me on the grounds that what we did,&quot;

So, whether what he did was legal or not, he evidences a concern of guilt==as might a bank robber.

Now, Humphrey above says vice versa on the infringement issue which I take to mean maybe JK Rowling stole the Harry Potter character from him?  And if so, he would feel flattered.  Just the opposite of a bank robber.

What is fair to think is based on what facts you have to work with.

Another excellent contribution.  The picture is getting filled in.

thank you.</description>
		<content:encoded><![CDATA[<p>#26&#8211;airphloo==I agree.  It was just the first analogy that came to mind.  But credit the analogy to Gaiman when he says in the posted article:  &#8220;My heart is on the side of the people doing the unauthorised books, probably because the first two books I did were unauthorised, and one of them, Ghastly Beyond Belief, would have been incredibly vulnerable had anyone wanted to sue Kim Newman and me on the grounds that what we did,&#8221;</p>
<p>So, whether what he did was legal or not, he evidences a concern of guilt==as might a bank robber.</p>
<p>Now, Humphrey above says vice versa on the infringement issue which I take to mean maybe JK Rowling stole the Harry Potter character from him?  And if so, he would feel flattered.  Just the opposite of a bank robber.</p>
<p>What is fair to think is based on what facts you have to work with.</p>
<p>Another excellent contribution.  The picture is getting filled in.</p>
<p>thank you.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: airphloo</title>
		<link>http://www.dvorak.org/blog/2008/04/26/neil-gaiman-chips-in-about-fair-use-and-j-k-rowling/comment-page-1/#comment-1109079</link>
		<dc:creator>airphloo</dc:creator>
		<pubDate>Sun, 27 Apr 2008 05:12:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.dvorak.org/blog/?p=17480#comment-1109079</guid>
		<description>Allow me to explain why I am interested in what Neil Gaiman has to say on the issue. Gaiman and Rowling both have written successful fantasy books and have devoted followings. Rowling is suing one of her own fans over what many would consider a gray area in copyright law - just read some news articles on the subject and you will find legal experts on both sides of the case. Many fans of Rowling are upset that she would pursue this line of action while others have sided against Steve Vander Ark - even those who have appreciated his web site. Thus, there is a bit of a divide on the subject specifically but also in the general sense as court cases in the U.S. can set a precedent that applies to others. Thus, people are interested in how other authors might respond in the same situation. That is why Gaiman was asked by his fans to comment. Gasparrini was kind enough to post this here probably because he knew that many folks would be interested. Bobbo, I think your initial question was asked poorly; your bank robber comment implied that Gaiman was definitely in the wrong for publishing some unauthorized books early in his career. But the whole reason this news story is interesting is because it is unclear.</description>
		<content:encoded><![CDATA[<p>Allow me to explain why I am interested in what Neil Gaiman has to say on the issue. Gaiman and Rowling both have written successful fantasy books and have devoted followings. Rowling is suing one of her own fans over what many would consider a gray area in copyright law &#8211; just read some news articles on the subject and you will find legal experts on both sides of the case. Many fans of Rowling are upset that she would pursue this line of action while others have sided against Steve Vander Ark &#8211; even those who have appreciated his web site. Thus, there is a bit of a divide on the subject specifically but also in the general sense as court cases in the U.S. can set a precedent that applies to others. Thus, people are interested in how other authors might respond in the same situation. That is why Gaiman was asked by his fans to comment. Gasparrini was kind enough to post this here probably because he knew that many folks would be interested. Bobbo, I think your initial question was asked poorly; your bank robber comment implied that Gaiman was definitely in the wrong for publishing some unauthorized books early in his career. But the whole reason this news story is interesting is because it is unclear.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: bobbo</title>
		<link>http://www.dvorak.org/blog/2008/04/26/neil-gaiman-chips-in-about-fair-use-and-j-k-rowling/comment-page-1/#comment-1108999</link>
		<dc:creator>bobbo</dc:creator>
		<pubDate>Sun, 27 Apr 2008 03:08:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.dvorak.org/blog/?p=17480#comment-1108999</guid>
		<description>#24--Humphrey==excellent, thank you.  That does tell us all why his opinion is relevant, and why he was thankful.

Thanks for sharing your expertise.

Gee, only took 24 posts.  Higher caliber of nubs here.</description>
		<content:encoded><![CDATA[<p>#24&#8211;Humphrey==excellent, thank you.  That does tell us all why his opinion is relevant, and why he was thankful.</p>
<p>Thanks for sharing your expertise.</p>
<p>Gee, only took 24 posts.  Higher caliber of nubs here.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: HumphreyLee</title>
		<link>http://www.dvorak.org/blog/2008/04/26/neil-gaiman-chips-in-about-fair-use-and-j-k-rowling/comment-page-1/#comment-1108997</link>
		<dc:creator>HumphreyLee</dc:creator>
		<pubDate>Sun, 27 Apr 2008 03:03:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.dvorak.org/blog/?p=17480#comment-1108997</guid>
		<description>The reason that I guess Neil is brought into this, especially in the case of JK Rowling is because there&#039;s a, uh, &quot;striking&quot; similarity between a character of his creation in a comic called BOOKS OF MAGIC he did back in the late 80&#039;s that has a very striking similarity to one Harry Potter. Or, vice versa I should say. 

That&#039;s what I&#039;d assume anyways.</description>
		<content:encoded><![CDATA[<p>The reason that I guess Neil is brought into this, especially in the case of JK Rowling is because there&#8217;s a, uh, &#8220;striking&#8221; similarity between a character of his creation in a comic called BOOKS OF MAGIC he did back in the late 80&#8217;s that has a very striking similarity to one Harry Potter. Or, vice versa I should say. </p>
<p>That&#8217;s what I&#8217;d assume anyways.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: bobbo</title>
		<link>http://www.dvorak.org/blog/2008/04/26/neil-gaiman-chips-in-about-fair-use-and-j-k-rowling/comment-page-1/#comment-1108903</link>
		<dc:creator>bobbo</dc:creator>
		<pubDate>Sun, 27 Apr 2008 01:06:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.dvorak.org/blog/?p=17480#comment-1108903</guid>
		<description>#22--Mikey==and what was his opinion?</description>
		<content:encoded><![CDATA[<p>#22&#8211;Mikey==and what was his opinion?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Mikey Twit</title>
		<link>http://www.dvorak.org/blog/2008/04/26/neil-gaiman-chips-in-about-fair-use-and-j-k-rowling/comment-page-1/#comment-1108874</link>
		<dc:creator>Mikey Twit</dc:creator>
		<pubDate>Sun, 27 Apr 2008 00:35:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.dvorak.org/blog/?p=17480#comment-1108874</guid>
		<description>bobbo#21

As an successful published author,  HIS OPINION!!!!  That&#039;s all!!</description>
		<content:encoded><![CDATA[<p>bobbo#21</p>
<p>As an successful published author,  HIS OPINION!!!!  That&#8217;s all!!</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: bobbo</title>
		<link>http://www.dvorak.org/blog/2008/04/26/neil-gaiman-chips-in-about-fair-use-and-j-k-rowling/comment-page-1/#comment-1108861</link>
		<dc:creator>bobbo</dc:creator>
		<pubDate>Sun, 27 Apr 2008 00:21:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.dvorak.org/blog/?p=17480#comment-1108861</guid>
		<description>#30--master--heh, heh.

As obvious as everything is, should be easy to provide a sentence or two as I did.

An example sentence (but in fact the answer) is provided at Post #8.

Maybe the medium of &quot;comic books&quot; has much to say about this &quot;stand-off?&quot;

To all who have posted negatively, please educate me.  What does Gaiman have to contribute?</description>
		<content:encoded><![CDATA[<p>#30&#8211;master&#8211;heh, heh.</p>
<p>As obvious as everything is, should be easy to provide a sentence or two as I did.</p>
<p>An example sentence (but in fact the answer) is provided at Post #8.</p>
<p>Maybe the medium of &#8220;comic books&#8221; has much to say about this &#8220;stand-off?&#8221;</p>
<p>To all who have posted negatively, please educate me.  What does Gaiman have to contribute?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: masterofnothing</title>
		<link>http://www.dvorak.org/blog/2008/04/26/neil-gaiman-chips-in-about-fair-use-and-j-k-rowling/comment-page-1/#comment-1108853</link>
		<dc:creator>masterofnothing</dc:creator>
		<pubDate>Sun, 27 Apr 2008 00:15:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.dvorak.org/blog/?p=17480#comment-1108853</guid>
		<description>Wow. This is probably one of the most frustrating comments section I have ever read. This &quot;Bobbo&quot; character probably has a very long line of people waiting to kick him square in the balls for being so obtuse about this subject.</description>
		<content:encoded><![CDATA[<p>Wow. This is probably one of the most frustrating comments section I have ever read. This &#8220;Bobbo&#8221; character probably has a very long line of people waiting to kick him square in the balls for being so obtuse about this subject.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: bh28630</title>
		<link>http://www.dvorak.org/blog/2008/04/26/neil-gaiman-chips-in-about-fair-use-and-j-k-rowling/comment-page-1/#comment-1108841</link>
		<dc:creator>bh28630</dc:creator>
		<pubDate>Sun, 27 Apr 2008 00:09:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.dvorak.org/blog/?p=17480#comment-1108841</guid>
		<description>As has been pointed out, Neil is an accomplished writer.  As such, he is more eloquent than I would ever be in a pithy paraphrase.  You may educate yourself on his perspective re copyright, fair use and many other items via his journal:  http://journal.neilgaiman.com/  

His opinion is no more than that, of course, but as he and J K Rowling are both commercially successful in the published book trade, I tend to give weight to his compartive analysis of the challenge facing modern scribes.</description>
		<content:encoded><![CDATA[<p>As has been pointed out, Neil is an accomplished writer.  As such, he is more eloquent than I would ever be in a pithy paraphrase.  You may educate yourself on his perspective re copyright, fair use and many other items via his journal:  <a href="http://journal.neilgaiman.com/" rel="nofollow" rel="nofollow" target="_blank"></a><a href='http://journal.neilgaiman.com/' rel="nofollow" target="_blank">http://journal.neilgaiman.com/</a>  </p>
<p>His opinion is no more than that, of course, but as he and J K Rowling are both commercially successful in the published book trade, I tend to give weight to his compartive analysis of the challenge facing modern scribes.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: bobbo</title>
		<link>http://www.dvorak.org/blog/2008/04/26/neil-gaiman-chips-in-about-fair-use-and-j-k-rowling/comment-page-1/#comment-1108821</link>
		<dc:creator>bobbo</dc:creator>
		<pubDate>Sat, 26 Apr 2008 23:58:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.dvorak.org/blog/?p=17480#comment-1108821</guid>
		<description>#16--hhopper==you are absolutely correct.

I think I had such a BHO add-on a year or so ago and either un-installed it because of the pop-ups, or I lost it in a crash.

On your recommendation, I&#039;ll give it a try.  Can never have too much information?

To those who may wish to post ON TOPIC, and avoid my metaphors, the subject at hand is NOT who Gaiman is, but rather what he has to say on topic.

I do happen to read a lot of King and Koontz.  With this avid fan base, I&#039;ll have to add Gaiman.  Although popularity has nothing to do with quality.  My proof--Anne Rice.</description>
		<content:encoded><![CDATA[<p>#16&#8211;hhopper==you are absolutely correct.</p>
<p>I think I had such a BHO add-on a year or so ago and either un-installed it because of the pop-ups, or I lost it in a crash.</p>
<p>On your recommendation, I&#8217;ll give it a try.  Can never have too much information?</p>
<p>To those who may wish to post ON TOPIC, and avoid my metaphors, the subject at hand is NOT who Gaiman is, but rather what he has to say on topic.</p>
<p>I do happen to read a lot of King and Koontz.  With this avid fan base, I&#8217;ll have to add Gaiman.  Although popularity has nothing to do with quality.  My proof&#8211;Anne Rice.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Uncle Dave</title>
		<link>http://www.dvorak.org/blog/2008/04/26/neil-gaiman-chips-in-about-fair-use-and-j-k-rowling/comment-page-1/#comment-1108807</link>
		<dc:creator>Uncle Dave</dc:creator>
		<pubDate>Sat, 26 Apr 2008 23:48:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.dvorak.org/blog/?p=17480#comment-1108807</guid>
		<description>I recently read American Gods which was an exceptional tale.  He is one of the most imaginative writers, regular books and for graphic novels, around.</description>
		<content:encoded><![CDATA[<p>I recently read American Gods which was an exceptional tale.  He is one of the most imaginative writers, regular books and for graphic novels, around.</p>
]]></content:encoded>
	</item>
</channel>
</rss>
