Harry Potter and the Lawyer from Wagga

November 29, 2010 by J-Wire Staff
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The stage has been set in London for a high profile court case between the creators of Harry Potter and Willie the Wizard…a case brought by a lawyer from Wagga.

Willie the Wizard’s creator was Adrian Jacobs…a London businessman with the penchant for writing children’s stories. Willie was published in 1987.  Thirteen years later, JK Rowling published Harry Potter and the Goblet of Fire…a book Jacobs’ estate is claiming bears striking similarities to Willie the Wizard.

Max Markson

The Estate turned to an old family friend and Syndey icon Max Markson for help. Markson approaced barrister Peter Foley for advice and the green light switched on to take the deep-pocketed Harry Potter creator to Court. Foley had only one problem to start the ball rollong. He needed a solicitor to instruct him. Enter brother Kevin whose practice is in the NSW country town of Wagga Wagga.

Harry Potter proved to be a formidable foe for Willie ther Wizard…but let Max Markson tell the story….

“The English High Court has rules that J.K.Rowling has case to answer over plagiarism

London High Court Judge Sir David Kitchen threw out J.K.Rowling’s attempt to have the case for copyright theft against her summarily dismissed.

The Harry Potter author failed to halt the case against her  claiming copyright infringement when writing her Harry Potter series.

In a victory for the Estate of Adrian Jacobs the senior English Judge ordered that the case must go to a full trial.

The case, involves allegations by the Estate of Adrian Jacobs that J.K. Rowling copied a substantial part of Jacobs’ visionary 1987 book The Adventures of Willy The Wizard No 1 Livid Land, into her book Harry Potter and The Goblet of Fire published 13 years later by Bloomsbury.

Both books tell the tale of a Wizard who discovers his true nature whilst a boy.  Both books revolve around an international wizards contest.  In each book, the wizard only discovers his central task in a special bathroom, in both books the wizard must rescue artificially held hostages, from half-human creatures, acting as contest agents, to earn points and win.

The massive amount of evidence brought by the Estate included the same forensic linguistic procedures that the FBI used to trap the terrorist known as the Unabomber, factual  testimony relating to Rowling and her agent Chris Little,  and evidence from experts in Children’s fantasy literature demonstrating startling similarities between the two books.

The judge noted that J.K.Rowling refused to produce her manuscripts, her agent Little refused to produce his diaries.

Sir David said that there is “a real possibility that Chris Little’s account of events is simply not correct.”

The Estate maintains that Jacobs’ literary agent was also Christopher Little, the same literary agent who years later “discovered” J.K. Rowling.  Little now oversees the Harry Potter brand worldwide.

In The Adventures of Willy The Wizard, a short, densely written, beautifully illustrated book, Adrian Jacobs created a fantasy world intertwined with the real world in which there are Wizard Schools, Villages of Wizard Brewers, Gambling Wizards, Wizard Chess played on Wizard Trains, special Wizard Hospitals, Wizard Travel by magic powder, apparently headless creatures, Elves as Wizard Helpers, International Gatherings of Wizards, Human Memory Erasers, etc.

The Estate claims that all of these Jacobs’ concepts are echoed in Harry Potter and familiar now to Potter readers.

Trustee Paul Allen says “By this judgment The Estate are now vindicated and encouraged in bringing this action. We believe that the rights of ordinary authors should be upheld against copyright infringement by Entertainment juggernauts. Our real probability of success will be decided by the Trial Judge who will hear all the evidence tested and judge J.K.Rowling’s evidence on cross examination in the witness box. We are confident that we will eventually win.””

Adrian Jacobs, died penniless in a London hospice in 1997. Markson had been a family friend and known Jacobs for over ten for over ten years. Jacobs at his commercial peak was a well-known art collector who played top level rugby. He suffered a massive heart attack in 1987 which affected the control of his empire and he was bankrupted in 1991. His son Jonathan lives in the U.S. The estate was bought out of bankruptcy and ownership of the rights to “Willie the Wizard” passed to Jabobs’ son Jonathan.

Markson told J-Wire: “No date has been set for the case but I suppose it will be next year when Harry and Willy will fight their battle. In the meantime, I am unconcerned about anyone casting spells on me.”

In the meantime, as Willie and Harry’s representatives prepare for  a high profile case in London, the lawyer in Wagga is preparing for the battle…but he will be fighting on two fronts. An action is also underway againt the U.S. publishers.

Comments

10 Responses to “Harry Potter and the Lawyer from Wagga”
  1. William Hardy says:

    Frank Persol. You are nothing but a moron.

    Willy the Wizard has no original expression ideas and my sources prove it. JK Rowling only used the fundamentals of fiction writing and common ideas in fiction writing, sometimes from real life. I went to the site and I see nothing original.

    One claim was “Both protagonists work with friendship and teamwork”. Willy the Wizard is not the original creators and the only one with that idea. Many other works have used those ideas countless times. Lord of the Rings, Star Wars, The Three Musketeers, the Wizard of Oz, Power Rangers, Rurouni Kenshin and many more examples at http://tvtropes.org/pmwiki/pmwiki.php/Main/FiveManBand. If I’m wrong then there is no Scarecrow, Tin Man, Glinda the Good Witch or the Cowardly Lion in the Wizard of Oz. If I am wrong that a protagonist is relying receiving help from friends and others, then how to you explain my sources: http://www.youtube.com/watch?v=mkHBoCzNo70&feature=mfu_in_order&list=UL, http://www.youtube.com/watch?v=oW7dlsNPUPM&feature=related and http://tvtropes.org/pmwiki/pmwiki.php/Main/FiveManBand. Many fictional writers have used this idea or if I’m wring, then how can you or anyone explain Power Rangers/Super Sentai who also used “Protagonist work with friendship and other help”: http://www.youtube.com/watch?v=dnSs-j6ifUE&feature=related, http://www.youtube.com/watch?v=FCNfc2hp6AM&feature=related, http://www.youtube.com/watch?v=1yzYiRryy0I, http://www.youtube.com/watch?v=GBAaoR2jkC8&feature=related, http://www.youtube.com/watch?v=L9gKxt3Ieg4&feature=related. Many other works have used the “protagonist work with friendship and teamwork” and it proves that Willy the Wizard isn’t the original creator of that idea and not the only one with that idea. Examples at: http://www.youtube.com/watch?v=jc0K44I8LRc, http://www.youtube.com/watch?v=s5ah-o7THB4&feature=related, http://www.youtube.com/watch?v=IUg0IH0LF9I, http://www.youtube.com/watch?v=Sa2jYn3LmlE&feature=related, http://www.youtube.com/watch?v=ymJdXQyq0V4&feature=related, http://www.youtube.com/watch?v=W6-vS4aj-Zo, http://www.youtube.com/watch?v=X6_RZhh44NY, http://www.youtube.com/watch?v=pUnlh-Air2w&feature=related, http://www.youtube.com/watch?v=YstQnD53Qlk, http://www.youtube.com/watch?v=CBQ4EmijOgc, http://www.youtube.com/watch?v=NO17Th8q5K8&feature=related and there plenty more examples.

    For the “International Gatherings”, have you ever heard of the Olympics, World Cup, United Nations or the G Summit? International gatherings have been used all the time, even in real life: http://www.youtube.com/watch?v=CUJC3qNRDio&feature=related, http://www.youtube.com/watch?v=-hWMVdZpfgQ&feature=related, http://www.youtube.com/watch?v=bGJkB1ut0qY, http://www.youtube.com/watch?v=PKcdKSz0hqM&feature=related, http://www.youtube.com/watch?v=JtmdeldvsLQ&feature=related, http://www.youtube.com/watch?v=dAUzmQHhUx4&feature=related, http://www.youtube.com/watch?v=uiQXHT9255M&feature=related, http://www.youtube.com/watch?v=QJkI7cA982g&feature=related, http://www.youtube.com/watch?v=TosfXFvAxxE&feature=related, http://www.youtube.com/watch?v=CLEuxWb7_Ww&feature=related, http://www.youtube.com/watch?v=tVQmacqA_bk&feature=related, http://www.youtube.com/watch?v=3hygLyl-Pe0&feature=related, http://www.youtube.com/watch?v=7wbS0AjOMYY&feature=related, http://www.youtube.com/watch?v=cJujSL-0tOw&feature=related, http://www.youtube.com/watch?v=CDUbqL_kSfs&feature=related, http://www.youtube.com/watch?v=qfP6njT4gQM&feature=related, http://www.youtube.com/watch?v=0-AM_0CPbxs and plenty more examples. Some are in fiction too such as G Gundam (http://www.youtube.com/watch?v=UBDN0WZLNi8, http://www.youtube.com/watch?v=t4yMMc3qG0Q&feature=related), Captain Planet (http://www.youtube.com/watch?v=vpXM9bj-WPU), Power Rangers (http://www.youtube.com/watch?v=ky6UI8cRTuo&feature=channel_video_title) and many more examples.

    Wizard Schools? Ever heard of X-Men who have a Mutant School and Star Wars with a “Jedi” school? In real life, there are specific schools such as a music school, military school, karate school and so forth.

    Parallel Worlds? I’ve seen that in Alice in Wonderland, the Wizard of Oz, Spirited Away, Inuyasha and many more. If you don’t believe me then take a look at this: http://www.youtube.com/watch?v=QORyMLG9CyA, http://www.youtube.com/watch?v=x6D8PAGelN8, http://www.youtube.com/watch?v=Scq1tydQMjM, http://www.youtube.com/watch?v=pHte24GGHD4, http://www.youtube.com/watch?v=Krve3mhW838&feature=related and many more examples at http://tvtropes.org/pmwiki/pmwiki.php/Main/DownTheRabbitHole.

    The protagonist must save hostages from a half human and half animal creature? I have seen that many times too. First of all, the half human the half animal creature have been used so many times too. Such as Achilles studied from Chiron the Centaur who was a half man and half beast. Have any of you heard of the Little Mermaid? Second of all the hero must take on major challenges and trials, such as saving hostages from a monster or creature: http://www.youtube.com/watch?v=h8Jrt7Wr8lc&feature=related.

    Literature, mythology, fiction writing and popular culture experts explain the fundamentals of fiction writing and the common ideas that many fiction writers and creators use. They explain at: http://www.youtube.com/watch?v=iSjod2JTy1g, http://www.youtube.com/watch?v=5-9NVu8Yitg&feature=related, http://www.youtube.com/watch?v=mkHBoCzNo70&feature=related, http://www.youtube.com/watch?v=oW7dlsNPUPM&feature=related, http://www.youtube.com/watch?v=h8Jrt7Wr8lc&feature=related and http://www.youtube.com/watch?v=qM7Fotf5ui4&feature=related. Here are some of the experts:

    J.J. Abrams
    Tom Brokaw
    Stephen Colbert
    Joan Breton Connelly
    Linda Ellerbee
    Steven Galipeau
    Newt Gingrich
    Mary Henderson
    Edward L. Hudgins
    Peter Jackson
    Dr. John C. Lyden
    Elvis Mitchell
    Dr. Camille Paglia
    Nancy Pelosi
    Dan Rather
    Dr. Carl A. Rubino
    Dr. Carl Silvio
    Kevin Smith
    Dr. Kevin J. Wetmore, Jr.
    Joss Whedon
    Leon Wieseltier
    Dr. Jonathan Young

    I see that you didn’t answer my questions of who was Even Lysacek or Michael Phelps but you and any of the Willy the Wizard team are too scared to answer. You also haven’t acknowledge my claims and do anything to counter them, because you know they are true and can dash Paul Allen and Max Markson’s claims if the case did went to trail.

  2. Frank Persol says:

    William Hardy-have you finished yet?
    Methinks thou doth protest too much.
    Any fool-and that includes and embraces Mr Hardy-whoever he really is- certainly knows that if they read Jacobs’ book and know or were familiar with Harry Potter(1997) they would find many in Potter of the original expressions of ideas in Jacobs work -much developed of course, They would find original concepts in Jacobs Adventures of Willy The Wizard (1987) and of course the story-architecture basis- (in Harry Potter and the Goblet of Fire)required in the so-called”Mummery Tests” (the Da Vinci Code Case appeal) that give the Jacobs case grounds and merit.
    Mr Hardy can make sure of nothing except his own arrogance pomposity and sheer chutzpah!
    This case is beyond generic Mr Hardy-just like you are beyond understand the truth.
    pip-pip FP

  3. William Hardy says:

    Frank Persol says that “I’m way off beam” by being wrong of everything that I wrote.

    I guess the Frank Persol never heard of Evan Lysacek, Micheal Phelps or any Olympic athletes, they all were involved in a International competition and in real life. G-Gundam is a story about international competition, friendship and having a hostage from a half-human. Then why the Jacobs Estate not suing G-Gundam then or the Olympics. Again the law states the copyright projects the expression the idea, not the idea itself. Many other works have used magical tournaments, such as Pokemon, Dragon Ball series and many more examples on http://tvtropes.org/pmwiki/pmwiki.php/Main/TournamentArc. So the Jacobs Estate will lose this battle with this evidence.

    Another claim says “Both works have protagonist working with friendship and teamwork.” I say this is idea have been used many times in many work and it is the most common idea in fiction writing, but Persol say that I am wrong with no logic or proof of why I am wrong. This idea also happened in Lord of the Rings, Star Wars, the Three Musketeers, Rurouni Kenshin and there are millions more examples. My experts this idea have been used many times and fiction writing should have the heroes getting help from friendship and teamwork http://www.youtube.com/watch?v=mkHBoCzNo70&feature=fvw and http://www.youtube.com/watch?v=oW7dlsNPUPM&feature=related.

    If I’m wrong then there would be no Hans Solo or Princess Leia, but Persol failed to realize this too. This proves that what is only Persol’s brain is what the Jacobs Estate believe and nothing else and I mean nothing else.

  4. William Hardy says:

    Frank Persol says that “I’m way off beam” by being wrong of everything that I wrote.

    I guess the Frank Persol never heard of Evan Lysacek, Micheal Phelps or any Olympic athletes, they all were involved in a International competition and in real life. G-Gundam is a story about international competition, friendship and having a hostage from a half-human. Then why the Jacobs Estate not suing G-Gundam then or the Olympics. Again the law states the copyright projects the expression the idea, not the idea itself. Many other works have used magical tournaments, such as Pokemon, Dragon Ball series and many more examples on http://tvtropes.org/pmwiki/pmwiki.php/Main/TournamentArc. So the Jacobs Estate will lose this battle with this evidence.

    Another claim says “Both works have protagonist working with friendship and teamwork.” I say this is idea have been used many times in many work and it is the most common idea in fiction writing, but Persol say that I am wrong with no logic or proof of why I am wrong. This idea also happened in Lord of the Rings, Star Wars, the Three Musketeers, Rurouni Kenshin and many more examples on http://tvtropes.org/pmwiki/pmwiki.php/Main/FiveManBand. My experts this idea have been used many times and not protected by copyright, http://www.youtube.com/watch?v=mkHBoCzNo70&feature=fvw and http://www.youtube.com/watch?v=oW7dlsNPUPM&feature=related.

    If I’m wrong then there would be no Hans Solo or Princess Leia, but Persol failed to realize this too. This proves that what is only Persol’s brain is what the Jacobs Estate believe and nothing else and I mean nothing else.

  5. William Hardy says:

    Frank Persol says that I’m “way off beam” without giving any logic or proof that I am wrong.

    The law states that copyrights protects the expression of the idea, not the ideas itself.

    International Tournaments? I wonder Persol or the Jacobs Estate team ever heard of Evan Lysacek, Micheal Phelps, Irina Slutskaya or any Olympic athlete. These people were involved in a real life international competition and in real life. G-Gundam also have a international competition along with friendship and teamwork, save hostage from a half-human creature and eavesdroppers. The idea in fiction writing happens a lot in fiction writing, it happened in Pokemon, Dragon Ball series and many more examples on http://tvtropes.org/pmwiki/pmwiki.php/Main/TournamentArc.

    Another ‘evidence’ says that “Both works have protagonist having teamwork and friendship. This idea have been used many times. It happened in Star Wars, Lord of the Rings, the Three Musketeers, Jason and the Argonaut and many more examples on http://tvtropes.org/pmwiki/pmwiki.php/Main/FiveManBand. According to my experts, many fictional works should have the hero having help from friendship and teamwork http://www.youtube.com/watch?v=mkHBoCzNo70, http://www.youtube.com/watch?v=oW7dlsNPUPM&feature=related and http://www.youtube.com/watch?v=h8Jrt7Wr8lc&feature=related. If I am wrong Persol, then there would be no Hans Solo and Princess Leia in the Star Wars franchise or Pikachu in the Pokemon series.

    It seems the only thing that is Persol’s brain of what the Jacob Estate thinks and nothing else, and I mean nothing else.

  6. William Hardy says:

    I guess Frank Persol failed to realize there is no final winner yet. Yes I have read all the evidence by typing all of them up and debunking them. As Persol also failed to realize that the Jacobs Estate have ot taken on my arguments, because I don’t see anything “Rurouni Kenshin” or “Star Wars”, so Persol needs to learn how to read than making reckless and stupid comments and then making a fool out of himself. I guess he also failed to go to my resources.

    It is the expression of the idea is projected by copyright, not the idea itself or there wouldn’t be a Harry Potter series or a Star Wars franchise. A boy wizard is an idea, not an expression or other wise CLAMP would be sued by having Syaoran Li as a boy wizard too. Tournaments, many other works have used that idea too, such the Dragon Ball series.

    “Both works have protagonist getting help from teamwork and friendship”. That idea have been uses more than a million of times. It has been used by “Star Wars”, “Lord of the Rings”, “Rurouni Kenshin”, “Three Musketeers” and many more on http://tvtropes.org/pmwiki/pmwiki.php/Main/FiveManBand. This idea have been used since John Tyler was still President of the United States. So I ask why the Jacobs Estate team the owner of this idea vs Rowling and all the others that have used it? Persol says that I am wrong about this? So there was no Yahiko Myojin or Hans Solo in any fiction according to Persol’s comment.

    Anything else could have influence Rowling’s book such as real life experiences, mythology, religion, literature, culture and million other works.

  7. William Hardy says:

    Frank Persol has yet failed to realize that the courts decided no FINAL winner yet. I read the evidence and I can debunk almost have of them. Persol also failed to go to my sources and failed to read the debunking the evidence.

    One of the evidence that “Both protagonists work with friendship and teamwork”. My debunking on this evidence that “protagonist having help from friendship and teamwork” idea have ben used so many times, such as Lord of the Rings, the Three Musketeers, the Wonderful Wizard of Oz, Rurouni Kenshin and many more examples on http://tvtropes.org/pmwiki/pmwiki.php/Main/FiveManBand and idea have been used since John Tyler was still in the White House so what makes the Jacobs Estate think they own this idea against Rowling and all the others have used it? What makes them think that anyone owns this idea at all? Any takers?

    Competition, Wizardry, saving people from creatures, gets information in a bath. I recall another fiction work having all this is Pokemon, would it be a coincidence another work would have it? International Competition? Would any chance that the Olympics, World Cup and other various real life international competitions may have a factor too? Many other fictional works have used magical tournaments too http://tvtropes.org/pmwiki/pmwiki.php/Main/TournamentArc. I guess Persol failed to go this site too. I guess Persol have a very narrow mind as well the Jacobs Estate team.

    Numerous sources could have influence Rowling’s book, such as real life experiences, history, culture, mythology, religion and more than millions of other works. This proves that the Jacobs Estate team knows zero about fiction writing. It is the expression the idea not the idea itself or their would be only three fictional works instead of millions and there would be no Harry Potter and Star Wars.

  8. Frank Persol says:

    This writer is clearly on a pro-Rowling agenda when he says -rather stupidly

    “The point is that Willy the Wizard is not going to win and I will make sure of it.”

    The only way he can make sure of this is to have himself magically be appointed judge in every case the Estate brings.
    This case is about breach of copyright and judges who have seen the evidence have allowed the case to go forward.
    I suggest this fellow books himself a seat at the High Court of England-and meantime reads up on the law! he is way off beam and has not read the evidence just the news reports and then not all of them!.
    Rowling has fielded the finest QCs and counsel in the Intellectual Property field-and lost! Even her producing the da Vinci code case winner -who was soundly thrashed in the English High Court hearing by Jacobs counsel.
    Rowling and her minions have tried all these weak arguments already and the Estate of Adrian Jacobs evidence and submissions have trumped them all!

  9. William Hardy says:

    There is a difference between plagiarism and the common ideas in fiction writing. Such as wizards, tournaments, chess, Europe and a protagonist getting assistance from helpers. So Rowling is not guilty of plagiarism, just guilty of using the common ideas in fiction, just like many other fictionist. Number one rule in fiction writing is write from personal experiences. I admit Rowling and almost no writer have original ideas, their ideas had to come somewhere in real life or other fiction books, television, movies and so forth. Wizards are common in fiction just like in Lord of the Rings, Sword in the Stone and many other examples. For tournaments, I learned that writers uses real life events, and competitions in real life have been going on a lot since the early days of the Roman Coliseum and not just Willy the Wizard and the Goblet of Fire have magical contests, there are Dragon Ball series, Pokemon and many more examples on http://tvtropes.org/pmwiki/pmwiki.php/Main/TournamentArc. Chess is also known to real life. Another claim against Rowling that I really question is that “both protagonist got help from teamwork and friendship”. That is the one of the most common uses in fiction writing by far. It also happened in Star Wars, The Wonderful Wizard of Oz, Lord of the Rings, The Three Musketeers, Rurouni Kenshin and many more examples on http://tvtropes.org/pmwiki/pmwiki.php/Main/FiveManBand. So what makes Allen’s team think they have the copyright of ‘teamwork’ vs Rowling and all of the other writers who have used protagonist getting help from teamwork and friendship? Allen’s ‘experts’ should have known that. The point is that Willy the Wizard is not going to win and I will make sure of it.

  10. James Hariot says:

    Bravo Markson and his team!
    But they should know that Rowling is more sinless than Saint Bernadette, has never lied or cheated, has lived a blameless life entirely devoted to the welfare of children everywhere, was a genius writer from a very early age even if she never had a thing published by the age of 26 when she began the Potter saga; was damn lucky too to have found a publisher in Bloomsbury and an agent in Christopher Little, also a saint, neither of whom she had ever met before being ‘discovered’. She had toiled selflessly for years on the seven books of ‘her’ series in the forlorn hope that the ‘idea’ she was given in a train way back in 1990 would some day be recognized, although fame and fortune never interested her or even getting published for that matter. Once they have accepted all that they can join the Harry Potter fan club and give up all this nonsense about truth and justice.