Re: Injunction Notice below
July 19, 2005
Vancouver, B.C.
Raincoast Books’ actions in securing a court injunction against the premature circulation of content from Harry Potter and the Half-Blood Prince has triggered a passionate discussion on breach of copyright and breach of confidence and what legally constitutes the action of publishing a book.
Although the court ruling ordered the temporary return of unauthorized copies of Harry Potter and the Half-Blood Prince, from the outset Raincoast made a direct public appeal for books to be voluntarily returned in exchange for a JK Rowling autograph and gift pack.
Raincoast went to great lengths to describe these Canadians as honourable Harry Potter fans because they acted to keep the secret of July 16th for millions of ardent readers. Raincoast publicly promised that no legal action would be taken against innocent consumers who
had inadvertently purchased unauthorized copies of Harry Potter and the Half-Blood Prince and that we would protect their privacy. Raincoast has been true to both promises.
It is the portion of the injunction dealing with breach of confidence that has been interpreted by some to suggest that Raincoast was seeking to penalize fans. Again, Raincoast’s intention is not to penalize fans.
The injunction was sought to limit the effects of the breach of copyright and the breach of confidence, in particular to protect and reinforce the existing legal contracts Raincoast had with international partners, retailers and other vendors.
Raincoast is aware that its actions have triggered a greater discussion on breach of copyright and breach of confidence, and feedback and opinions on these issues are important elements to ongoing discussions about Canadian and international laws.
Read the full commentary for more information.
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IMPORTANT NOTICE
July 9, 2005
Vancouver, B.C.
You are hereby notified that on July 9th, 2005, at approximately 4:30 Pacific daylight time, the Honourable Madam
Justice Gill granted a John and Jane Doe restraining order to Raincoast Books, Bloomsbury Publishing PLC and JK
Rowling in the Supreme Court of British Columbia. The court ordered an injunction;
(i) restraining John/Jane Does and anyone who has directly or indirectly received a copy or any other
form of disclosure of Harry Potter and the Half-Blood Prince by JK Rowling (“Harry Potter #6”)
from John/Jane Does and anyone who is given notice of the order from copying or disclosing all
or any part of Harry Potter #6 or any information derived therefrom including without limitation
the story, plot or characters of Harry Potter #6 to any person prior to 12:01 a.m. local time on July
16, 2005 without the consent of the Plaintiffs’ solicitors save for information which has been made
the subject of any press release issued or other communication made by or on behalf of and with
the authority of the Plaintiffs;
(ii) restraining John/Jane Does and anyone who is given notice of the order from displaying, reading,
offering for sale, selling, exhibiting in public or without the express consent of the Plaintiffs
possessing Harry Potter #6 prior to 12:01 a.m. local time on July 16, 2005;
(iii) subject to paragraph (iv) below, restraining John/Jane Does, and anyone who has directly or
indirectly received a copy or any other form of disclosure of Harry Potter #6 from John/Jane Does,
and anyone who is given notice of the order, from making any use of, or destroying or concealing,
or without the express consent of the Plaintiffs parting with possession, power, custody or control
of any copy of Harry Potter #6 or any part of it or any copies thereof or any notes or descriptions
of it prior to 12:01 a.m. local time on July 16, 2005;
(iv) compelling John/Jane Does and each of them and anyone who has directly or indirectly received a
copy or any other form of disclosure of Harry Potter #6 from John/Jane Does to deliver to the
plaintiff Raincoast Book Distribution Ltd. forthwith any and all copies of Harry Potter #6 in their
possession as well as any photocopies, photographs or electronic copies of any portion of that
book and all notes or descriptions of it and to immediately delete all electronic copies of any part
of that book in their possession or under their control.
A certified copy of the formal order is available upon request from info@raincoast.com.
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