The hysteria over tonight's launch of the latest Harry Potter book has been covered to death in many places, but it still amazes us how ridiculous JK Rowling and her entourage are about the way they view intellectual property surrounding the books. Rowling has said she's
against putting out an eBook because it would be pirated, even though that makes almost no sense. The book gets scanned and put online anyway, meaning anyone who finds it more convenient to read an electronic copy
has to get an unauthorized copy rather than paying for a legitimate copy. And, of course, even booksellers are pointing out that they're
unlikely to lose a single sale over scanned versions that are found online.
However, the Potter crew is still going nuts over the secrecy of the book, claiming intellectual property rights that they don't actually have. It's no secret that there's an
extensive process that the publisher makes booksellers go through to avoid an "early" leak of the books, but what happens if a legitimate copy of the book actually does get out? That's what happened when an engineer
received a copy of the book earlier this week when an online bookstore accidentally shipped it out early. He quickly (and smartly) put it up on eBay where the price shot up to $250... and then, JK Rowling's lawyer
demanded eBay take the auction down as infringing on its rights. What rights? That's not clear. The book is legitimate. The sale to the guy was legitimate. The bookseller may have violated an embargo from the publisher, but that's between the bookseller and the publisher -- not the guy who ended up with the book. Once the book has gone out to the guy he has every right to sell it, and JK Rowling's lawyer was wrong for demanding it be taken down and eBay was wrong in agreeing to take it down. This is simply a case where they seem to be claiming copyright privileges that simply don't exist.