It’s incumbent upon WB to act to protect J.K. Rowling’s rights in order to retain the rights; failure to act may in some (or future) situations be seen as giving up of rights. WB feels it has worked with fans in many ways, by providing elements and materials to allow them to continue in a manner that isn’t commercial. It granted Steve Vander Ark and the Lexicon the rights to use some of its art non-commercially, back in 2001.
According to WB, J.K. Rowling doesn’t have a problem with people publishing or commercially gaining from commentary or analysis, but reconfiguration of her work doesn’t apply.
The British publisher of the Lexicon book is cooperating with WB’s requests and engaging in a dialogue, but it isn’t the case in the U.S.
WB doesn’t feel this is an issue of first amendment rights, and that there are unequivocally no rights owed to the Lexicon for a timeline deriving from the rights of others.
There is no intention to have this suit apply to other fan endeavors such as web sites, wizard rock, etc.
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