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Old 05-07-2008, 03:59 PM   #2
Disillusionist
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Join Date: Dec 2007
Posts: 83
Disillusionist will become famous soon enough
Re: Orson Scott Card obliterates J.K. Rowling

AS to the website suit, I'll await the outcome of the court's decisions, but O. S. Card imbedded a link in that page that wouldn't work for me, so I googled the plaintiff and found this:

"During the course of the trial, it was proven "by clear and convincing evidence, that Stouffer has perpetrated a fraud on the Court through her submission of fraudulent documents as well as through her untruthful testimony," including changing pages years after the fact to retroactively insert the word "muggle".
Her case was dismissed with prejudice and she was fined $50,000 for her "pattern of intentional bad faith conduct" in relation to her employment of fraudulent submissions, along with being ordered to pay a portion of the plaintiffs' legal fees. Stouffer appealed the decision in 2004, but the appeals court upheld the ruling, stating that "no reasonable juror could find a likelihood of confusion as to the source of the two parties' works"."

Now, as to suing some small-change compiler for making a reference/commentary work, I truly don't see the beef, but in at least one case, we see where Rowling was clearly targeted for a cynical and fraudulent claim. Perhaps she's returning the favor, left-handedly, because I can't possibly see how such a bestselling giant's lawsuit can do anything but help this guy's sales. Or she might truly be a grasping groping greedy grinch, and upset that he beat her to the punch in selling a companion work to hers. I wish the guy luck, and a not guilty verdict.

O. S. Card, author of Ender's Game, should really know better than to further his case against Rowling by drawing parallels in -plotlines-, especially those in such broad strokes, and calling them plagiaristic. A plotline cannot be copyrighted, perhaps more's the pity, but the "Special-from-birth hero comes into his own and saves the day" plotline isn't precisely new, nor even 20th century.
On the other hand, heh, he sure does draw a lot of interesting parallels...
Still, if we disallow JK Rowlings 'fantasy-milieu plot of sci-fi's 'Ender's Game' ', then we have to dismiss "West Side Story" because it modernizes and musicalizes "Romeo and Juliet", etc, etc, etc. "Rent" doesn't top any charts because of its derivative nature, and we have to decide which came first, "X-Men" or "Harry Potter", sinc they share many similarities in plots and developments. (X-men came first, if you care.) And so long to Will Smith saving the world in "Independence Day", a story about how humans defeat alien invaders because a virus causes the alien's force fields to fail, and the humans kick their butt instead of being disintegrated by death rays so the aliens can have our planet. Another Orson (Welles) narrated that one over -radio- half a century earlier, to much more...profound response.
Slippery slope.

Last edited by Disillusionist : 05-07-2008 at 04:07 PM.
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