Nov 9 2007
Earlier this year, the copyright/plagiarism suit brought by Stuart Silverstein went to trial. Yesterday, the trial judge found in favor of Penguin (pdf link to ruling) and against the author holding that there simply wasn’t any creativity in the work that Silverstein compiled since ALL of the uncollected poems were included in his work, rather than some selection.
The same judge had originally found in favor of Silverstein in 2003 but when ordered by the reviewing court (the 2nd Circuit Court of Appeals) to determine “whether Silverstein is entitled to any protection for his selection of uncollected poems, or whether he in fact simply published as many as he could find”, the trial court reversed his earlier finding.
I can’t help but wonder if this same opinion can be used as a shield against J.K. Rowling’s suit against the publishers of the impending book from the Harry Potter Lexicon website.