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JKR v Lexicon strikes again
Apr. 15th, 2008 03:03 pmAnother 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.)