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Old 03-02-2011, 09:36 AM   #1
davem
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Originally Posted by Nerwen View Post
Davem, have you ever considered you might be juuust the teeniest, tiniest bit... let's say, over-involved with this issue? And maybe you need to just, you know, take a few deep breaths and relax? Just a thought
Honestly - I never get 'over-involved' on this forum. I argue for fun sometimes, or to challenge myself & others, even to explore an idea, to pick it up & run with it & see where we can get to, or what other people think. I can't recall ever getting angry or annoyed during a discussion.

If people are bored with this one we can just stop?
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Old 03-02-2011, 02:48 PM   #2
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Do you know the most interesting thing about this badge thing - everyone, pro & anti, just believed it!

The 'anti-' side attacked the Estate for its intolerant, heavy handed behaviour, the 'pro-' side defended them while offering excuses, but no-one just came out & said 'There must be some mistake - they wouldn't behave like that - the story must be wrong!'

And maybe that should worry the Estate, because they now have that kind of reputation - people now believe that that kind of behaviour is perfectly typical of them.

Which, of course, is what happens when you repeatedly sic the lawyers on people. You may win the battles, but you lose the war.
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Old 03-02-2011, 08:42 PM   #3
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Originally Posted by davem View Post
Do you know the most interesting thing about this badge thing - everyone, pro & anti, just believed it!
Speak for yourself! I was withholding judgment, and I still am, because both the Estate's interpretation and the "why go after this one?" interpretation are still believable to me. If people are willing to believe that the Estate is being a censor in the case of the buttons, I think that has a lot more to do with the narrative built up about the Estate in particular, and authors' estates in general, well before the Estate had done anything to justify that interpretation, than because its actions are now fitting closer to that pattern.

Regarding the book--could it be the reason that this book was targeted over other Inklings books is because this one uses the fictional Tolkien that Tolkien himself created, who translated the Red Book of Westmarch from the Westron?

In other words, the other Inklings books that I've heard of may use Tolkien in a fantasy type setting, but I don't think they've yet tried doing it in the sense of "Tolkien translated all of these manuscripts and Middle-earth was real in some way, shape, or form." This isn't what the news sources have said, but it would give the Estate's case of "copyright infringement" something to stand on. Of course, this would open up a whole, huge can of worms, over what the difference is between an author and the author's own fictional representations of himself, the difference between fact and fiction, etc. But it certainly makes the Estate's actions appear more logical, if not necessarily justifiable.
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Old 03-02-2011, 08:58 PM   #4
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In other words, the other Inklings books that I've heard of may use Tolkien in a fantasy type setting, but I don't think they've yet tried doing it in the sense of "Tolkien translated all of these manuscripts and Middle-earth was real in some way, shape, or form." This isn't what the news sources have said, but it would give the Estate's case of "copyright infringement" something to stand on. Of course, this would open up a whole, huge can of worms, over what the difference is between an author and the author's own fictional representations of himself, the difference between fact and fiction, etc. But it certainly makes the Estate's actions appear more logical, if not necessarily justifiable.
This says that besides the issue with the book's cover design, the Estate thinks the book

Quote:
...."trivialises the name, personality and reputation of the late professor".
Maybe the Estate's being petty, but it's their right to challenge things like this if they feel it necessary. Leave it for the courts!
Now, my judgement may be colored by the fact that I really am not interested in reading the book at all, and wouldn't be even if the Estate had no objections to it, but I don't see what all the fuss is about.
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Old 03-03-2011, 01:16 AM   #5
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This issue has not caused nearly so much fuss on many of the other Tolkien sites I lurk on; but there was a small flurry of interest on Torn some time back.

http://newboards.theonering.net/foru...at+Mode#326938

One of the lawyers in the group gives an assessment of Hillaard's complaint, in a post titled 'I've read the cease and desist letter.

On the whole, I think the thread gives a well-balanced selection of views. The same can be said of the Wheelbarrows book - folk on other sites have discussed it in a reasonable way, including the book's other author, Neil Holford .

http://www.tolkienguide.com/modules/...ode=0&start=10

Last edited by garm; 03-03-2011 at 01:55 AM.
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Old 03-03-2011, 04:05 AM   #6
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So.... what we have:

The Tolkien Estate has, over recent months prevented publication of at least a couple of non-fiction books (Books of Jonah & Wheelbarrows at Dawn), the publication of a fantasy series (cf the mention on Boing Boing - which the Estate's lawyers did not dispute), are attempting to ban & pulp an existing novel (self published & which without their intervention would probably have sold a few hundred copies & then vanished without trace, but which through their legal action has resulted in stories being run across the media, including major news sites like the Guardian & the Mail, & has even got a mention on the New York Times site: http://www.nytimes.com/2011/03/03/fashion/03Crib.html ). To top this catalogue of disasters off the cumulative effect of all this is that a story can be run stating that they have threatened legal action over the selling of a badge that mentions Tolkien's name - & even the Estate's strongest supporters believe that to be true based on the recent actions of the Estate & their lawyers.

I'd say the Estate's reputation is looking pretty poor, & that they've no-one to blame but themselves.

And now, let's ask what harm, exactly, would have resulted from letting Jonah & Wheelbarrows go ahead, & ignoring Mirkwood? None at all. The Estate have been stupid & shot themselves in the foot repeatedly..
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Old 03-03-2011, 04:45 AM   #7
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Here's another discussion page -

http://www.lotrplaza.com/forum/forum...asp?TID=239504

-the 2nd post by 'Findegil' is of particular interest.
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