Warner Bros. Entertainment Inc. et al v. RDR Books et al

Filing 49

DECLARATION of Shawn Malhotra in Opposition re: 22 MOTION for Preliminary Injunction.. Document filed by RDR Books. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Ahrens, Julie)

Warner Bros. Entertainment Inc. et al v. RDR Books et al

Doc. 49 Att. 1

EXHIBIT 1

Dockets.Justia.com

RDR 1-7-08 Interrogatory Chart

1

DATE 12/31/07 12/17/07

PUBLICATION People Magazine Pottercast ­ The Harry Potter Podcast The Sunday Telegraph (UK)

RESPONSIVE No Yes

10/28/07

Yes

10/28/07

The Sunday Telegraph (London)

Yes

10/24/07 10/24/07 10/24/07 10/23/07

The Toronto Sun The Ottawa Sun The Gazette (Montreal) Reuters News

No No

DESCRIPTION Article about the top books and movies of 2007. Interview goes into depth about the specific layout of Rowling's companion book. Interview also quotes Rowling saying it may be 10 years until the companion book is published. "Later, asked what she was going to write next, Ms Rowling said that it would not be the long-awaited Harry Potter encyclopedia . 'It's the first time in 10 years that I have no deadline,' she added. 'But I will always write.'" "Later, asked what she was going to write next, Ms Rowling said that it would not be the long-awaited Harry Potter encyclopedia . 'It's the first time in 10 years that I have no deadline,' she added. 'But I will always write.'" Brief sentence mentioning she may write an encyclopedia. Most of the article is about the impact of publicly revealing that Dumbledore was homosexual. Brief sentence mentioning she may write an encyclopedia. Most of the article is about the impact of publicly revealing that Dumbledore was homosexual. Briefly mentions Rowling plans to write an encyclopedia. The article is mostly about Rowling's shock at the public's reaction after announcing her character Dumbledore was homosexual. Briefly mentions Rowling plans to write an encyclopedia. The article is mostly about Rowling's shock at the public's reaction after announcing her character Dumbledore was homosexual. Briefly mentions Rowling has not begun to write the encyclopedia. Article is about a book tour for American school children. The article states: "When someone asked how a reported Harry Potter encyclopedia was going, Rowling simply laughed. "It's not coming along," she said, "and I haven't started writing it. I never said it was the next thing I'd do."" Although Rowling is not quoted, it says the encyclopedia could be published within 2 years: "Though Ms. Rowling plans on releasing an encyclopedia to tie up a few loose ends pertaining to characters in the revered series, that encyclopedia could come as late as two years from now, and the question is still unresolved." Review of the seventh Harry Potter book, briefly mentions that Rowling plans to write an encyclopedia. Review of fifth Harry Potter film. Discusses the impact of the final Potter book in India. Quotes a child saying he's waiting for Rowling to complete her encyclopedia.

No

10/23/07

Reuters News

No

10/20/07 10/16/07

The Daily Telegraph (Australia) Los Angeles Times

No Yes

9/24/07

The Capital (Annapolis, MD)

Yes

8/20/07 8/6/07 8/3/07 8/2/07

Home News Tribune (East Brunswick, NJ) The Tech (University Wire) VNU Business Media, The Bookseller The Washington Post (regional edition)

No No No No

RDR 1-7-08 Interrogatory Chart
8/2/07 7/31/07 7/30/07 7/30/07 7/29/07 7/29/07 7/27/07 7/27/07 7/27/07 7/26/07 Contra Costa Times (California) Contra Costa Times (California) Newstex Web Blogs, Gryffindor Gazette Contra Costa Times (California) The Gazette (Montreal) The Anniston Star Harvard Crimson (University Wire) Reuters News Evening News (Edinburgh) UPI (Edinburgh, Scotland) No No No No Quotations from school children about the Potter books. Quotations from school children about the Potter books. Briefly mentions that Rowling may write an encyclopedia. Mostly a plot review of the last Potter book. List of quotations from child fans reacting to the plot of the last book in the series.

2

No No No Yes

7/26/07

UPI

Yes

7/26/07 7/26/07 7/26/07 7/26/07 7/26/07 7/25/07 7/25/07 7/25/07

Reuters News MSNBC, Countdown The Financial Times Limited Hindustan Times Asian News International World Entertainment News Network Los Angeles Times Newstex Web Blogs, Gryffindor Gazette

No No No No

Briefly mentions Rowling announced that she plans to write an encyclopedia. Mostly a plot review of the last Potter book. Article mentions how many fans are mourning the end of the Potter series. Rowling is currently writing two fiction books, but is in no rush to publish them. States that Rowling is planning to write an encyclopedia, but isn't ready to start writing it. It quotes: ""I'm not going to do it tomorrow because I'd really like a break," Rowling said during the interview at Edinburgh Castle, "so you may be waiting."" States that Rowling is planning to write an encyclopedia, but isn't ready to start writing it. It quotes: ""I'm not going to do it tomorrow because I'd really like a break," Rowling said during the interview at Edinburgh Castle, "so you may be waiting."" Article mentions how many fans are mourning the end of the Potter series. Also mentions pirated copies of the book are being sold in China. Interview with Rowling about writing the final Potter book. Article about the impact of the Potter books on book sales in general Brief article outlining Rowling's basic plans for the encyclopedia.

No Yes

7/19/07 7/19/07 7/18/07 7/15/07

South Bend Tribune Newstex Web Blogs, CanuckFlack Daily Press (Newport News, VA) Sun-Sentinel (Fort Lauderdale, FL)

No No No No

Briefly mentions Rowling plans to write an encyclopedia. The article quotes Rowling: ""I need to be off ... writing," Rowling admitted in the interview, which took place Tuesday in Edinburgh, Scotland. "I think I probably will [do a Harry Potter encyclopedia.] ... The raw material is all in my notes. ... But I'm not going to do it tomorrow, because I'd really like a break. I want to take a break from publishing for a little while. You know, I've still got a young family [her 4-year-old son David Gordon and 2-year-old daughter Mackenzie Jean]. So you may be waiting."" The article also elaborates several new plot details that she plans to include in the encyclopedia. Description of events planned for Potter midnight release parties. Briefly mentions Rowling plans to write an encyclopedia. Suggests other companion books Rowling could write. Answers general questions from fans about the Potter series. Briefly mentions that Rowling may write an encyclopedia. The article is mostly Rowling's responses to plot inquires regarding the seventh book in the series.

RDR 1-7-08 Interrogatory Chart
7/12/07 The Financial Times, The Statesman (Indiana) Yes Mentions that Rowling plans to write an encyclopedia, and quotes her agent saying that she retained all the rights to the series, including any companion books. The article also says there's been 190 unofficial companion books published, and quotes an author of one who said he did not profit greatly from it.

3

7/9/07 7/9/07 7/9/07 7/9/07 7/9/07 7/9/07 7/9/07 7/8/07

Windsor Star (Ontario) The Vancouver Sun (British Columbia) The Vancouver Sun (British Columbia) Ottawa Citizen National Post (The Financial Post) (Canada) Edmonton Journal (Alberta) The Daily Telegraph (London) Sunday Tribune (South Africa)

No No

7/1/07 7/1/07 5/27/07 5/25/07 5/18/07 5/16/07 5/15/07

Newsday (Melville, NY) Newsday (New York) St. Louis Dispatch (Missouri) The Globe and Mail (Canada) VNU Business Media, The Bookseller Fort Worth Star-Telegram (Texas) Hindustan Times

No No No Yes Yes No No

Briefly mentions Rowling plans to write an encyclopedia. The article is mostly about fans petitioning Rowling to continue writing Harry Potter fiction after the seventh book. Mentions that Rowling plans to write an encyclopedia, and quotes her agent saying that she retained all the rights to the series, including any companion books. The article also says there's been 190 unofficial companion books published, and quotes an author of one who said he did not profit greatly from it. Also says that sales of the encyclopedia would rival those of the books. Briefly mentions that Rowling may write an encyclopedia. The article is mostly Rowling's responses to plot inquires regarding the seventh book in the series. Briefly mentions that Rowling may write an encyclopedia. The article is mostly Rowling's responses to plot inquires regarding the seventh book in the series. General article about the publication of the final book. Mentions at least a dozen new unofficial Potter books will be published this year. A Bloomsbury spokesman is quoted to say that Rowling has not confirmed any specific plans to them about publishing the encyclopedia Brief article mentioning Rowling plans to write an encyclopedia. Brief article mentioned Rowling is preparing to write an encyclopedia, and sales of such a book would rival those of her previous novels. The article quotes her agent saying that Rowling retains all the rights to the series.

5/15/07 5/14/07 5/14/07 5/14/07 5/14/07 5/14/07

The Gazette (Montreal) The Sunday Telegraph (UK) The Vancouver Sun (British Columbia) Sydney MX (Australia) The Sun (England) Ottawa Citizen

No

Brief article mentioning Rowling may write an encyclopedia.

RDR 1-7-08 Interrogatory Chart
5/14/07 5/14/07 5/14/07 5/14/07 5/14/07 5/14/07 5/14/07 5/14/07 5/14/07 5/14/07 5/14/07 5/14/07 5/13/07 MX (Australia) MX (Brisbane) MX (Brisbane) The Independent (London) Hindustan Times Evening News (Edinburgh) Daily Star (UK 1st Edition) Daily Star (Scottish Edition) Daily Star (UK 1st Edition) Daily Star (Scottish Edition) The Calgary Herald (Alberta) Hindustan Times, Asian News International The Sunday Telegraph (London) No Brief article mentioning Rowling may write an encyclopedia.

4

No No No No No No No

Brief article about Rowling donating money to help find a missing child. Brief article mentioning Rowling may write an encyclopedia. Briefly mentions Rowling may write an encyclopedia. The article mostly quotes Rowling condemning websites posting spoilers to the upcoming final Potter novel. Mentions that Rowling plans to write an encyclopedia, and quotes her agent saying that she retained all the rights to the series, including any companion books. Mentions that Rowling plans to write an encyclopedia, and quotes her agent saying that she retained all the rights to the series, including any companion books. Mentions that Rowling plans to write an encyclopedia, and quotes her agent saying that she retained all the rights to the series, including any companion books. Mentions that Rowling plans to write an encyclopedia, and quotes her agent saying that she retained all the rights to the series, including any companion books. Brief article mentioning Rowling may write an encyclopedia. Mentions that Rowling plans to write an encyclopedia, and quotes her agent saying that she retained all the rights to the series, including any companion books. The article also says there's been 190 unofficial companion books published, and quotes an author of one who said he did not profit greatly from it. Brief article mentioning Rowling may write an encyclopedia. Brief article mentioning Rowling may write an encyclopedia. Article is a collection of facts about the series. Brief article mentioning Rowling may write an encyclopedia. Brief article mentioning Rowling may write an encyclopedia. Brief article mentioning Rowling may write an encyclopedia. Brief article mentioning Rowling may write an encyclopedia. Brief article mentioning Rowling may write an encyclopedia. Briefly states that Rowling plans to write an encyclopedia and donate the profits to charity. Briefly states that Rowling plans to write an encyclopedia and donate the profits to charity. Brief article mentioning Rowling may write an encyclopedia. Brief article mentioning Rowling may write an encyclopedia. Brief article mentioning Rowling may write an encyclopedia.

No No

5/13/07 9/14/05 8/7/05 8/5/04 8/5/04 8/4/04 8/4/04 8/4/04 8/3/04 8/2/04 8/2/04 8/1/04 12/30/01

Sunday Express The Mirror Daily Star (UK) Orlando Sentinel (Florida) The Mercury (Australia) The Times Union (Albany, NY) Pittsburgh Post Gazette (Pennsylvania) Calgary Sun (Alberta, Canada) MX (Melbourne, Australia) United Press International United Press International (London) Sunday Mirror The Sun Herald (Sydney, Australia)

No No No No No No No No No No No No

RDR 1-7-08 Interrogatory Chart
12/24/01 12/24/01 The Vancouver Province (British Columbia) Bristol Evening Post

5