some incredibly ridiculous shenanigans

What shenanigans? I've read that they didn't ask permission, but that's part of the argument -- they didn't have to because they're not violating copyright.

Dana, theoretically, if you were to take the complex world of HP, and create a list of characters, who they were, who they were related to, etc. using only citations from the books, you could do that because the nature of the thing you're creating is so different than the HP volumes.

I think one of the things that makes fair use so incredibly difficult for everyone is that none of the factors that go into it are exclusive, and that makes it impossible to establish any bright lines.

hey NYistas - I'm headed up to Polytechnic University for a conference next Friday... anyone know how long that might take from Philly? Driving, not amtrak this time (though I love amtrak & dream about taking the PNW route).

I'm not sure what the schedule is yet (a little free-form, just coming up for the day) but if you're local, and coffee or tea is of interest, give me a yell.

Hence my preference for driving - even if I wind up stuck on the Beltway for an hour, if I'm driving I at least feel some sense of control over the situation.

Dream on.

they just gave me two automated options - both identical. Can one really call them options at that point?

This reminds me of Pat Oliphant cartoon about a country that was having "elections," but the current dictator was the only name on the ballot. People are looking at a campaign poster and his little bird character is saying, "One man, one vote. What could be more democratic that that?"

you could do that because the nature of the thing you're creating is so different than the HP volumes.

So in your opinion, that qualifies as sufficiently transformative to fall under fair use? Even using direct quotations from the books? (And I don't mean to shine the bright spotlight on you -- I know it's complicated.)

What shenanigans?

Both the author and publisher are, what is the word -- skeevy.

Sox, I live just a few blocks from Polytechnic University.

So in your opinion, that qualifies as sufficiently transformative to fall under fair use? Even using direct quotations from the books? (And I don't mean to shine the bright spotlight on you -- I know it's complicated.)

Whoa, not stating my opinion on this case here -- as I said above, I haven't read the briefs, nor have I looked at the online version of the Lexicon. I'm just saying that even if the whole thing is made up of quotations, that doesn't decide it. I'm just sitting at my library's reference desk from where I can see various lexicons that don't do much more than this but which are incredibly helpful reference materials and knowing that if these companions can no longer be produced the world 'o research is going to lose something valuable.

Sox, I live just a few blocks from Polytechnic University.

sweet! I'm coming up for a podcamp, thus the 'not-certain-about-schedule' bit. I know Friday's sessions end at 5 and my co-conspirator in this wants to go to a place called reBar for a little after before we head back to Philly. BTW, said co-conspirator is my buffymag dealer, so. would you be around, or will work keep you from us?

I'm scared of the chinese buses, which are probably the best deal all around. Except when they are asshats.

I've never taken the Chinatown bus but have friends who do regularly and have done okay so far. I have taken Greyhound though and it's been great and a lot of times they run specials that make them as cheap as the Chinatown bus. There's also a new bus line that runs from Charles Village.

Seriously, it's ridiculous that I don't get up to NY more often!

The shenaniganry is pretty funny: like, the plaintiff asked for a copy of the page proof, in the process of filing an injunction against publishing until the matter could be clarified, and the defendant said, "just go print off the website." But... there's material on the website copyrighted to various other fannish authors; and the website is not completely updated to account for HP #7; and so forth: the website is obviously not the book. Apparently, the defendant just thought that being sarcastic with the court system was a legitimate part of the process.

Because the court is actually a seventh grade lunch room, or something.

To and from New York, Greyhound is super cheap, as long as you click the right thing on the front page. My main issue with the Chinatown busses is that Chinatown is just not that convenient for me! There's apparently some Jewish bus company between NY and Baltimore that is good and cheap, but doesn't run on Shabbat.