Vander Ark/RDR drop appeal of Harry Potter Lexicon decision in favor of new book

RDR Publishing, which had lost its case to publish the Harry Potter Lexicon (see this article from September, recently submitted an appeal of that verdict. The book, by Steven Vander Ark, was to be a collection of material appearing on Vander Ark’s Harry Potter Lexicon web site, but author J.K. Rowling successfully argued that it appropriated too much of her own material, and added too little of Vander Ark’s, to be considered a new work, and was therefore copyright infringement.
Now comes word that Vander Ark and RDR are dropping the appeal. Instead, they’ve announced plans to release a new, unauthorized guide to the series, to be called The Lexicon: An Unauthorized Guide to Harry Potter Fiction and Related Materials. They claim the book will include commentary which did not appear on the web site. RDR publisher Roger Rapoport is quoted by Publishers Weekly as saying the new book “has a new focus and purpose, mindful of the guidelines of the court.” They’ve announced a 12 January 2009 release date for the $24.95 trade paperback. RDR is accepting pre-orders for the 368-page book on this page, although the ISBN they list for it is associated with another book, entitled Waterwalk: A Passage of Ghosts by Steven Faulkner.
Rapoport said they’re dropping the appeal because “we are publishing a different manuscript that is a lot better.” He emphasized that the book will include material from the Harry Potter Lexicon web site and new commentary. RDR expects to print 10,000 copies of the first edition.
Rowling’s attorney Neil Blair responded to the latest moves by saying “We are delighted that this matter is finally and favourable resolved and that J.K. Rowling’s rights—and indeed the rights of all authors of creative works—have been protected. We are also pleased to hear that rather than continue to litigate, RDR have themselves decided to publish a different book prepared with reference to Judge Patterson’s decision.”