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Tolkien estate wins court order to destroy fan's 'Lord of the Rings' sequel

nytimes.com

41–50 of 89 posts

Re: Tolkien estate wins court order to destroy fan's 'Lord of the Rings' sequel

#41
post #10

I think it is unconscionable that we can use the force of the state to coerce someone to delete ALL copies of a work they created. I'm fairly anti-copyright but I get that they probably shouldn't be able to sell the books (even though the author has been in the ground for decades), fine. Give them a fine, write up a ticket, community service or whatever, but deleting everything just seems so brutish.

A similar action was taken with the 1922 film Nosferatu , but prints of the film survived. I would wager that the current work will also avoid destruction. "Even with several details altered, Stoker's heirs sued over the adaptation, and a court ruling ordered all copies of the film to be destroyed. However, several prints of Nosferatu survived, and the film came to be regarded as an influential masterpiece of cinema…

Thank you! I'm a fan of the Nosferatu type of vampire and didn't know that they were sued by the Stoker Estate!

Re: Tolkien estate wins court order to destroy fan's 'Lord of the Rings' sequel

#42
post #5

I think it is unconscionable that we can use the force of the state to coerce someone to delete ALL copies of a work they created. I'm fairly anti-copyright but I get that they probably shouldn't be able to sell the books (even though the author has been in the ground for decades), fine. Give them a fine, write up a ticket, community service or whatever, but deleting everything just seems so brutish.

I agree that it's an extreme step, but given that the creator of the work was trying to use it to extort both the Tolkien estate and Amazon, confiscating the work to prevent further abuse is understandable. Also, the book was submitted as an exhibit in the court case, so you can read it there. It's genuinely awful. Nothing of value is being lost here. https://storage.courtlistener.com/recap/gov.uscourts.cacd.88...

This is hilarious. So the judge forbids him to further distribute the book he wrote, but now publishes and distributes it on his behalf. For free. Go figure. Can the court now be considered guilty of violating copyright ?

Re: Tolkien estate wins court order to destroy fan's 'Lord of the Rings' sequel

#43
post #5

I think it is unconscionable that we can use the force of the state to coerce someone to delete ALL copies of a work they created. I'm fairly anti-copyright but I get that they probably shouldn't be able to sell the books (even though the author has been in the ground for decades), fine. Give them a fine, write up a ticket, community service or whatever, but deleting everything just seems so brutish.

I agree that it's an extreme step, but given that the creator of the work was trying to use it to extort both the Tolkien estate and Amazon, confiscating the work to prevent further abuse is understandable. Also, the book was submitted as an exhibit in the court case, so you can read it there. It's genuinely awful. Nothing of value is being lost here. https://storage.courtlistener.com/recap/gov.uscourts.cacd.88...

It's literary merits are irrelevant. This is someone's work, and they are being denied the right to even keep a backup up in the attic. If one party's control over a creative work can be extended to strip another party of any control over his, something's fucked up with the system.

Re: Tolkien estate wins court order to destroy fan's 'Lord of the Rings' sequel

#45
post #15

this is really depressing to read

Read the facts of the case, I am strongly anti-copyright but this dude is just an asshole and has earned every bit of this.

the problem here is that the non copyright holder is trying to abuse copyright.

the problem is still in copyright

Re: Tolkien estate wins court order to destroy fan's 'Lord of the Rings' sequel

#46

Earlier quoted context omitted.

Because he egregiously misbehaved with his, and this is the resulting punishment. You and I can keep whatever copies we may have.

> Because he egregiously misbehaved with his, and this is the resulting punishment This is like some new form of justice, where, if you hit someone with a hammer we punish the hammer?

No; we take away your hammers. It's quite an old approach.

Re: Tolkien estate wins court order to destroy fan's 'Lord of the Rings' sequel

#47

Earlier quoted context omitted.

I don't think us courts for courts should be in the business of handing out stupid prizes. Instead, they should be measured and consistent with our longstanding social agreements. Someone has to be the adult in the room and seek the moral high ground.

Courts aren't moral entities, they're legal ones. This person went out of their way to put a completely unnecessary legal target on their back. This is absolutely 100% a stupid prizes scenario. I love fan creation and believe it should be enshrined properly in fair use doctrine, but god damn, I cannot imagine being stupid enough to make fan work of an IP and then sue the IP holder because I think they took my idea. H…

Some folks simply cannot be satisfied with a warning and must stick the fork in the outlet for themselves.

Re: Tolkien estate wins court order to destroy fan's 'Lord of the Rings' sequel

#48

Earlier quoted context omitted.

Would you download and host an awful book out of principle?

I certainly do for certain film and tv series that have been banned or cancelled (e.g. Disney's Song of the South).

That’s quite strange.

Re: Tolkien estate wins court order to destroy fan's 'Lord of the Rings' sequel

#49
What's the status of a work done without permission? I read that it is illegal and the court order it to be destroyed, but if it would not be destroyed, would the author regain the copyright after Tolkien works are in the public domain? Would it forever forbidden to be publicly available?

Re: Tolkien estate wins court order to destroy fan's 'Lord of the Rings' sequel

#50
post #5

Earlier quoted context omitted.

I agree that it's an extreme step, but given that the creator of the work was trying to use it to extort both the Tolkien estate and Amazon, confiscating the work to prevent further abuse is understandable. Also, the book was submitted as an exhibit in the court case, so you can read it there. It's genuinely awful. Nothing of value is being lost here. https://storage.courtlistener.com/recap/gov.uscourts.cacd.88...

This is hilarious. So the judge forbids him to further distribute the book he wrote, but now publishes and distributes it on his behalf. For free. Go figure. Can the court now be considered guilty of violating copyright ?

> Can the court now be considered guilty of violating copyright ?

No. https://en.wikipedia.org/wiki/Sovereign_immunity

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