I Am Not a Lawyer

Thus sayeth the Hollywood Reporter, which took some time away from boffo box office today to discuss the Harry Potter Lexicon lawsuit. (Hat tip: Erik Sherman’s WriterBiz.) I am interested in this both as a writer and as an occasional follower of IP law. I believe a certain commenter to this blog has told me in the past that fair use is a pretty weak defense, and this article seems to reinforce it. The four-part fair use test seems pretty tailor-made for a judge’s and jury’s eye, but the article says even the judge in this case is feeling a little unsure:

Even Judge Robert Patterson, who will soon decide whether to issue an injunction against the book, twice interrupted the trial to beg for a settlement, saying his ruling could swing either way.

Eek.

Given all that, I wonder if Rowling’s people couldn’t find a way to move this case to the UK, where there’s a different test (although Wikipedia suggests the difference is subtle).