With just over six weeks to go for the launch of the seventh book in the Harry Potter series, author J K Rowling is facing charges of causing “humiliation and harassment” to web trade company eBay, formerly Bazee.com Pvt Ltd.
The website has accused Rowling of using the media to spread “misinformation” about an ongoing row between the two in High Court.
In an application filed before Justice A K Sikri, the web trader states, “J K Rowling and her representatives are spreading misinformation about two (High Court) stay orders… The distorted manner in which wide publicity is given in the media — print and electronic — has caused immense harassment and humiliation to eBay and also damaged its goodwill and reputation.”
The spat dates back to 2004 when Rowling’s agent spotted advertisements showing the Potter series up for sale on www.bazee.com, an Internet auction site owned by eBay.
According to the author’s agent and Warner Bros, a joint owner of intellectual property rights of print and movie adaptations of the Potter works, this was in “complete violation” of Rowling’s copyright over her creation.
In 2004, Rowling and Warner Bros, through their India representatives, moved the High Court to check “display, sale and distribution” of pirated versions of Potter series on the website.
The court passed interim injunction orders in November 2004 and January 2007 against unauthorised display or sale of Potter series, and also asked for written undertakings from the website.
But eBay is now back in court, accusing Rowling of “misusing” judicial orders, through the media, “by giving an impression as if the court had made scathing remarks condemning the role of the company.”
Describing its auction site as a “marketplace where sellers and buyers can come and trade almost anything”, eBay contended that Rowling could not hold the website responsible for its contents. “The law does not, and should not, hold network service providers responsible for content on their website pasted by third parties,” eBay argued.
The company submitted before the court that adverse media reports, “sourced from Rowling”, continued to be published even after it pulled out the “offending” Potter advertisements from the website.
Ruling that eBay’s accusations would be dealt with eventually, Justice Sikri “refrained” in his May 31 verdict from making any comment on the issue for the time being.
The case would be heard next later this year.
Said to be the last book in the Potter series, which has sold more than 260 million copies till date, ‘Harry Potter and the Deathly Hallows’ will be out globally on July 21.