NEVERDIE News: Legal battle: Willy the Wizard vs Harry Potter - Update

NotAdmin · Mar 22, 2011

When the CND sale hit the news in October 2010, a snippet of it revealed that:

Jacobs’s father was the financier Adrian Jacobs who died in 1997.

His estate has sued JK Rowling and her publisher for £500million for allegedly copying the idea for Harry Potter from an earlier children's book Adrian Jacobs had written.

The novel Willy The Wizard - also about a child discovering he has magical powers - was published in 1987, ten years before the first in the Harry Potter series and three years before Miss Rowling says she came up with her idea.

Adrian Jacobs allegedly sent the manuscript to Christopher Little, the literary agent at Bloomsbury Publishing who went on to represent Miss Rowling, but it was rejected.
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Source: Jon Jacobs sells virtual nightclub Club Neverdie in online Entropia game for £400k | Mail Online

We received word today that there have been some new developments in the case, and figured we'd give those interested in such things a quick update of it.

Apparently the judge, Mr Justice Kitchen, wants to ensure that neither the time and money of JK Rowling, author of Harry Potter, and publisher Bloombury are wasted, and therefore ordered Paul Allen, trustee of the estate of the late Adrian Jacobs to pay up 1.5 million Britihs pounds (roughly 2.4 million US Dollars) as a security.

The man claiming that one of JK Rowling's Harry Potter books was lifted from another work has been ordered to pay more than £1.5 million into court as security for the costs of the author and her publisher - or the case will be struck out.
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And a bit further down:

In addition, nearly six years had passed between the original copyright infringement suggestion and the launch of the case, and there had been no explanation for the delay.

The court had earlier held that many parts of Mr Allen's claim could not be sustained, but he had done nothing to change the claim, and was therefore still carrying on with elements which the court had already rejected.

In addition, Adrian Jacobs' son, Jon Jacobs, to whom copyright in Willy the Wizard was assigned, was the obvious beneficiary of the claim as he was the only beneficiary of his father's estate, had substantial means, and should be able to provide the security for costs sought by Ms Rowling and the publisher, Lawtel reported.
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Source: Author who claimed JK Rowling stole idea for Harry Potter ordered to pay £1.5m 'security' before plagiarism case starts | Mail Online

AlphaGeek · Mar 22, 2011

Well, I hope it works out for Jacobs if there is infringement on his father's iintellectual property.

In the amusing part, you've gotta be kidding me that this case is being overseen by Mister Justice?? Did he pick his vocation due to the label his parent's smacked him with, or did he legally change his name after donning the robes abd gavel? :)

MelMan2002 · Mar 22, 2011

He HAS "substantial means" or HAD? Last I heard, he was running low on money as the schedule for NI and Rock are pushed further and further back...

aridash · Mar 22, 2011

AlphaGeek said: ↑

In the amusing part, you've gotta be kidding me that this case is being overseen by Mister Justice??
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"Justice" is standard name for senior judges in the UK, preceded by Mr because he is not a Lord (full name apparently Sir David James Tyson Kitchin)

interesting implications for our Jon Jacobs financials if he is the heir to such an estate, though i have little idea how much such a book is worth (a lot more post Potter i'd wager)

AlphaGeek · Mar 22, 2011

Ah, ok. In the US, we wouldn't use the "Mister" and just go for the most ranking title the person has. For instance, a former member of our Supreme Court was Justice William H Rehnquist.

From here it looked like a superhero had been called in! LOL

Oleg · Mar 23, 2011

Dozens of people have tried suing JK Rowling for similar reasons. The fact is that the idea of a boy wizard is one that has appeared many, many times in books, films, etc etc, and most of the people seeking damages are just as unoriginal as Rowling is.

Unless there is a good deal more similarity than the concept of the boy wizard, the case has no chance.

Calin · Mar 23, 2011

Oleg said: ↑

Dozens of people have tried suing JK Rowling for similar reasons. The fact is that the idea of a boy wizard is one that has appeared many, many times in books, films, etc etc, and most of the people seeking damages are just as unoriginal as Rowling is.

Unless there is a good deal more similarity than the concept of the boy wizard, the case has no chance.
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Hence the "£1.5 million into court as security for the costs of the author and her publisher"

GeorgeSkywalker · Mar 23, 2011

Oleg said: ↑

Dozens of people have tried suing JK Rowling for similar reasons. The fact is that the idea of a boy wizard is one that has appeared many, many times in books, films, etc etc, and most of the people seeking damages are just as unoriginal as Rowling is.

Unless there is a good deal more similarity than the concept of the boy wizard, the case has no chance.
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Come to think of it I remember writing a short story when I was at school as homework about a boy with special powers. He could fly, and and do lighting type bolts and other magical things. That Rowling owes me money. Thank you oleg for helping me remember, guess now i can be a millionaire too :D

SpikeBlack · Mar 26, 2011

There was a similar lawsuits made against 'The DaVinci Code'

Authors claim ‘Da Vinci Code’ stole ideas - Books - TODAY.com

Battling over The Da Vinci Code. - By Tim Wu - Slate Magazine

I don't believe any have won a case.

NotAdmin · Apr 5, 2011

There's a more detailed report out: Security for costs and court jurisdiction under Part 24 - International Law Office

Some quotes:

The judge went on to consider the strength of Allen's case, which he found to be limited. He referred back to his decision on the summary judgment application, in which he had concluded that the case was unlikely to succeed. He noted that the summary judgment application had failed by the narrowest of margins: this was not a case that was merely somewhat weak, but a case where the prospects of success were so poor the court was justified in exercising its discretion to make an order pursuant to CPR 24.6.

In addition, the judge found Allen to be a 'nominal claimant' as that term is understood following the decision in Semler v Murphy.(6) Reviewing all of the facts before him, he found that Allan had not explained his appointment as trustee for the estate, and that the sole beneficiary of the estate, Jonathan Jacobs, could have brought the claim himself. As a nominal claimant, Allen is potentially personally liable for the defendants' litigation costs, subject to the benefit of the indemnity in place with Jacobs. As such, the judge held that the condition in CPR 25.13(f) was satisfied.

Moreover, the judge found that the claim had not been pursued in good faith. He considered the evidence before him, including:

the long delay in the progression of the claim, which was first threatened in 2004,

the complex and wide-ranging formulation of the claim; and

Allen's continued pursuit of unjustifiable allegations that he had found to be unsustainable.

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