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February 6, 2005

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What a BWitch

By Greyhawk

J. K. Rowling to US Army: "I'll get you my pretty, and your little dog too!"

Lawyers acting for J K Rowling are heading for a legal battle with the US army over a training manual that features characters similar to those in the Harry Potter books and films.

They are examining whether the publication, which has been distributed to soldiers at US army bases around the world, breaches copyright rules. Harry Potter?s intellectual property is owned by the author and the images are owned by the film company Warner Bros.

The magazine, The Preventive Maintenance Monthly, includes a cartoon character called Topper, a boy wizard, who attends Mogmarts school of magic. Harry Potter, Rowling?s boy wizard creation, attends the Hogwarts school of magic.

In the magazine, army officials are given a lesson from Professor Rumbledoore and his staff, a name strikingly similar to Rowling?s Professor Dumbledore. Other characters in the magazine include professors McDonagal and Snappy, and a Miss Ranger. The Harry Potter books feature professors McGonagall and Snape and Hermione Granger.

?We have shared the information about this magazine with Warner Bros and I am sure that I will speak again with them shortly,? said Neil Blair, Rowling?s lawyer.

?I do not believe that we or they were approached about this. As you would expect, both J K Rowling and Warner Bros take protection of their property rights very seriously.?

<...>

A spokesman for the American defence force said: ?Each copy of our magazine is reviewed by our legal office.

?After reviewing this copy they judged that we were doing nothing wrong and that these characters were in parity use.?

The Sunday Herald has more details on the upcoming duel, and unlike the Times appears to be familiar with the term parody:

Preventative Maintenance Monthly has also featured ?parodies? of Dr Dolittle, the Twilight Zone and the Lone Ranger ? the character of Sergeant Half-Mast was created by the illustrator Will Eisner, who died last month, aged 87. Crunk said: ?Over the years we have shown lots of well-known cartoons, any number of things that our readers find familiar and will respond to.?

A US Army spokesman said: ?Each issue of the magazine is reviewed by the aviation and missile command legal office.

?After reviewing this particular issue the legal office concluded that there was nothing done that was impermissible and that the illustrations were clearly in the scope of parody and that, therefore, there was no need to seek permission from JK Rowling.?

Parody is protected under the first amendment in the US, and under a ?fair use? principle as long as it is done for ?humorous or satirical effect?. Courts have defended parodies of other works as long as they have an educational purpose, which Crunk believes this cartoon has.

Preventive Maintenence Monthly is actually more like a comic book than a magazine. Perhaps Army Legal could use a similar training aid - Preventing Law Suits Monthly. But all is not lost, rumor has it that the League of Army Warlocks (LAW) is curently at work in the Pentagon's North Tower on a counter-spell called "Riddikulus", details of which are highly classified.

"It's still a bit unstable at this time." Said an Army Spokeswitch.

Rowling, meanwhile, has countered by displaying a GI Joe doll called "Special 'Ops' Rummy" that she claims is "voodoo enhanced, and I can stick a pin in it and make Don Rumsfeld dance like a nasty little monkey."

Developing, as they say.


Posted by Greyhawk / February 6, 2005 7:40 PM | Permalink

12 Comments

I think the parody defense is pretty solid; this is certainly the equivalent of a Mad Magazine parody.

During WWII they used a lot of things from the media to convey to people what they needed to know.I doubt that they had 'copyright' release.
It didnt matter. We were one and togather.

Is this something in the spirit of the old "Private Snafu" films from WW2?

"Situation Normal, All... FOULED Up!"

My husband worked for Lucasfilm for a few years. Lucas is known for vigorously protecting his copyright. As a working-on-it writer I sympathize. The lawyers or courts will figure out if the Army manuals violate copyright or not. I don't blame Rowling for pushing because by not doing that she can actually lose rights. I *can* blame her if she really said that about the voodoo doll. In fact, that's just about a sale buster. I've lived without book six for a couple years now and can certainly continue without it for a lot longer.

For those unfamiliar, PM Monthly is a comic-format magazine designed to encourage soldiers to keep their equipment in good repair. It's been around forever and often parodies pop culture to keep the readers' attention. It's given to soldiers for free, not sold. One might as well protest use of Barry Rotter in a high school newspaper cartoon.

Trackback and I aren't communicating well today, but I put up a link from Winds of Change. Riddikulus indeed!

I understand the desire to protect the rights of the creator - but I fail to see any way that the Army has of making money from this!
(And right there with you, Julie, on the voodoo doll thing)

Before we demonetize J K Rowling too much, you should realize that she no longer "owns" in any sense of the word, "Harry Potter". Nor does she control the brand. Whenever publishing companies file these suits they always pretend it's at the behest of the author, but really its to try and personalize it for media consumption so they don't look and sound like the great big blood-sucking vampires that they are. They have entire departments of lawyers paid just to watch for this stuff. This probably has more to do with them trying to justify the expense of their salaries than any offense that J K Rowling might have taken. Welcome to the wonderful world of publishing. Much better to Blog and be happy.

Oh man, and I was looking forward to seeing "Harry Potter and the -10 of Maintenance".

Patrick, I had sort of figured out the copy right thing, but I agree with the two previous posters -- the Rummy doll comment is over the top. She has the right to her opinions, but I also have the right to respond appropriately.

Re: J K Rowling. It sort of looks like Ms Rowling has let her greed be overcome by her common sence. I wonder if she would be able to write her garbage if she were an Afgan under the Telaban rule. Who, knows, Harry Potter might have been a Terrorist and OBL her hero

What will fawkes the phoenix be doing? going on a bombing run SQUAWK SQUAWK

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November 26, 2010


America@war
[Greyhawk]
I think anyone who's ever pondered the "comment" option - once only available on blogs and bulletin boards, now ubiquitous on almost any web site - will appreciate this:
The so-called faculty of writing is not so much a faculty of writing as it is a faculty of thinking. When a man says, "I have an idea but I can't express it"; that man hasn't an idea but merely a vague feeling. If a man has a feeling of that kind, and will sit down for a half an hour and persistently try to put into writing what he feels, the probabilities are at least 90 percent that he will either be able to record it, or else realize that he has no idea at all. In either case, he will do himself a benefit.

That's wisdom from the past, captured for posterity at the US Naval Institute, shared via the web on the institute's 137th anniversary.

From their about page:

The Naval Institute shall remain

INDEPENDENT - A non-profit member association, with no government support, that does not lobby for special interests;

NON-PARTISAN - An independent, professional military association with a mission, goals and objectives that transcend political affiliations; and shall encourage

IDEAS - Through its respected journals Proceedings and Naval History, its conferences, its books and its online content, in support of those who serve.

"The Naval Institute has three core activities," among them, History and Preservation:

The Naval Institute also has recently introduced Americans at War, a living history of Americans at war in their own words and from their own experiences. These 90-second vignettes convey powerful stories of inspiration, pride, and patriotism.

Take a look at the collection, and you'll see it's not limited to accounts from those who served on ships at sea, members of the other branches are well-represented.

I'm fortunate to have met USNI's Mary Ripley, she's responsible for the institute's oral history program (and she's the daughter of the late John Ripley, whose story is told here). She also deserves much credit for their blog. ("We're not the Navy nor any government agency. Blog and comment freely.") We met at a milblog conference - Mary knew (and I would come to realize) that milbloggers are the 21st-century version of exactly what the US Naval Institute is all about. Once that light bulb came on in my head, I mentioned a vague idea for a project to her - milblogs as the 21st century oral history that they are.

"Put that in writing," she said (of course - see first paragraph above!) - and here's part of the result.

Shortly after the first tent was pitched by the American military in Iraq a wire was connected to a computer therein, and the internet was available to a generation of Americans at war - many of whom had grown up online. From that point on, at any given moment, somewhere in Iraq a Soldier, Sailor, Airman or Marine was at a keyboard sharing the events of his or her day with the folks back home. While most would simply fire off an email, others took advantage of the (then) relatively new online blogging platforms to post their thoughts and experiences for the entire world to see. The milblog was born - and from that moment to this stories detailing everything from the most mundane aspects of camp life to intense combat action (often described within hours of the event) have been available on the web...

And et cetera - but since you're reading this on a milblog, you probably knew that. And you know that milblogs aren't just blogs written by troops at war, that many friends, family members, and supporters likewise documented their story of America at war online in near-real time, as those stories developed.

The diversity in membership of that group is broad, the one thing we all have in common is the impulse to make sense of the seemingly senseless, and communicate the tale - for each of us that impulse was strong enough to overcome whatever barriers prevent the vast majority of people from doing the same. Everyone at some point has some vague idea they believe should be shared - we were the people who, from some combination of internal and external urging, found and spent those many half hours persistently trying to write it down.

*****

But where will all that be in another 137 years? Or five or ten, for that matter. That's something I've asked myself since at least 2004 - when I wrote this:

Closing Blogs is nothing new. So many site's owners just give up on their own. They come and go, you know, these MilBloggers do. Like any other sort of blogger. Many post in the lonely down hours far from home, spill their guts for the world, then abandon their spots when the tour of duty is up. They have lives again somewhere in the world, and no need to share the details. So it goes.

Many are truly gone - no site left at all. "The page cannot be found." Other blogs remain, like abandoned defensive positions in shifting desert sands.

Membership in the ghost battalion has grown in the years since, and an ever growing majority of those abandoned-but-still-standing sites are vanishing. Have you checked out Lt Smash's site lately? How about Sgt Hook's? If you're a long-time milblog reader you know the first widely-read milblog from Operation Iraq Freedom and the first widely-read milblog from Afghanistan are both gone from the web. If you're a relative newcomer to this world you may never even have heard of them - or the dozens upon dozens of others who carried forth the standard they set down.

If you have a vague notion that something should be done about that, (a notion I've heard expressed more than once...) then you and I and the good folks at the US Naval Institute are in agreement. Preserving the history documented by the milbloggers is just one of the goals of the milblog project, the once-vague idea that we're now making real.

And it's a big idea, if I say so myself - too big to explain in one simple blog post, so stand by for more. Likewise, it's too big a task to be accomplished by just one person. So if you're a milblogger (and exactly what is a milblogger? is a topic for much further discussion on its own) I'm asking for your help. All I'll really need is just a little bit (maybe just one or two of those half hours...) of your time, and your willingness to tell the tale.

We've already made history, it's time to save it.

(More to follow...)




Posted 4:02 PM | Permalink | Comments (0) |

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The Mudville Gazette is the on-line voice of an American warrior and his wife who stands by him. They prefer to see peaceful change render force of arms unnecessary. Until that day they stand fast with those who struggle for freedom, strike for reason, and pray for a better tomorrow.
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  • blue eagle: What will fawkes the phoenix be doing? going on a read more
  • Herb: Re: J K Rowling. It sort of looks like Ms read more
  • rabidfox: Patrick, I had sort of figured out the copy right read more
  • SFC SKI: Oh man, and I was looking forward to seeing "Harry read more
  • Patrick: Before we demonetize J K Rowling too much, you read more
  • Barb: I understand the desire to protect the rights of the read more
  • Robin Burk: Trackback and I aren't communicating well today, but I put read more
  • kris: For those unfamiliar, PM Monthly is a comic-format magazine designed read more
  • Julie: My husband worked for Lucasfilm for a few years. Lucas read more
  • Patrick Chester: Is this something in the spirit of the old "Private read more

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The Mudville Gazette is written and produced by Greyhawk, who recently retired from 24 years of active duty in the US military, but will maintain this disclaimer: Unless otherwise credited, the opinions expressed are those of the author, and nothing here is to be taken as representing the official position of or endorsement by the United States Department of Defense or any of its subordinate components.

Furthermore, I will occasionally use satire or parody herein. The bottom line: it's my house.

I like having visitors to my house. I hope you are entertained. I fight for your right to free speech, and am thrilled when you exercise said rights here. Comments and e-mails are welcome, but all such communication is to be assumed to be 1)the original work of any who initiate said communication and 2)the property of the Mudville Gazette, with free use granted thereto for publication in electronic or written form. If you do NOT wish to have your message posted, write "CONFIDENTIAL" in the subject line of your email.

Original content copyright © 2003 - 2011 by Greyhawk. Fair, not-for-profit use of said material by others is encouraged, as long as acknowledgement and credit is given, to include the url of the original source post. Other arrangements can be made as needed.

Contact: greyhawk at mudvillegazette dot com

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*****

Tending Distant
Fires


Far from hearth and home, watching
Cold alone but not alone
On distant shore and only wanting
Safe return and little more

What tales we'll tell
When that time comes
When tales can be told

When things grim
Seem far away
When other fires go cold

Some distant sunset, vision fading
Memories remain
And tired eyes gaze 'pon folded flags
While distant drums beat their refrain

Saluting fallen friends whose names
And youth will never fade
Here's to those on other shores,
for them live well, the price is paid

- Greyhawk,
Baghdad,
December 2004