JKR v Lexicon strikes again
Apr. 15th, 2008 03:03 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
smg01Another fascinating analysis of the case so far from praetorianguard.
What's particularly intriguing to me are her conclusions after looking at the contract information:
If JKR/WB win this lawsuit, the Lexicon will be deemed by the Southern District to have infringed JKR’s copyrights, and SVA will most assuredly be in breach of his contract with RDR. What happens then? RDR can sue him six ways from Sunday for breaching the contract despite the indemnification language. That indemnification language only means that RDR will pay if SVA gets sued by JKR; it does not mean that SVA is not culpable for breaching her copyright, not responsible for breaching the publishing contract or not liable for doing so. It just means that he doesn’t have to pay the lawsuit costs.
She goes into greater detail about the whys and wherefores, but the quoted paragraph gets to the heart of it. She's the first person that I've seen make note of that loophole. (perhaps she's the first to have noticed it.)
What's particularly intriguing to me are her conclusions after looking at the contract information:
If JKR/WB win this lawsuit, the Lexicon will be deemed by the Southern District to have infringed JKR’s copyrights, and SVA will most assuredly be in breach of his contract with RDR. What happens then? RDR can sue him six ways from Sunday for breaching the contract despite the indemnification language. That indemnification language only means that RDR will pay if SVA gets sued by JKR; it does not mean that SVA is not culpable for breaching her copyright, not responsible for breaching the publishing contract or not liable for doing so. It just means that he doesn’t have to pay the lawsuit costs.
She goes into greater detail about the whys and wherefores, but the quoted paragraph gets to the heart of it. She's the first person that I've seen make note of that loophole. (perhaps she's the first to have noticed it.)
![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png){kind=small}
no subject
Date: 2008-04-15 09:25 pm (UTC)I've also noticed the clause. It's not like it's some shield stopping JKR or WB from suing him. Actually I'm surprised they didn't except for the deep pockets issue, although it's an injunction that's their main hoped for remedy, not monetary (although both are demanded).
It depends on the terms of the contract on whether RDR has a case to go after Vanderark. Now, off to read his/her views at the link.
no subject
Date: 2008-04-15 09:44 pm (UTC)the contract still contains SVA’s representation and warranty that he didn’t infringe anyone’s work in writing the Lexicon.
I never read this particular exhibit. That's the key language, and completely separate from the indemnification language. SVA is screwed regarding that. I'm not sure I agree with her regarding the conclusion of RDR possibly collecting indirect damages (i.e. the costs of litigation). I would think the non-mentioning of that in the contract may go in the SVA's favor. It's definitely an interesting side issue that will not be decided in this case.
no subject
Date: 2008-04-15 09:48 pm (UTC)