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Old 02-23-2011, 05:42 AM   #12
Mithalwen
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Join Date: May 2004
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Mithalwen is lost in the dark paths of Moria.Mithalwen is lost in the dark paths of Moria.Mithalwen is lost in the dark paths of Moria.Mithalwen is lost in the dark paths of Moria.
Yo I was not being melodramatic just seeing how far your principles stretch.
Since this is not about quality or how he is depicted.

You now seem to be saying that anyone can write anything and use any material how they like and the literary quality is the only criteria? Hmm .... so it is alright for YOU to judge on literary merit ... ?

Actually there are books which have been sanitised but I think there is a fairly obvious difference between genuine novels that allegedly promote offensive ideas and creating a false history for a real person.

James Martin's autobiography was recalled and pulped because of things he said about his step mother. But if you can hang around for someone to be conveniently out of the way.... you can defame them as much as you like.

You seem to think overall that Christopher Tolkien is restraining the trade of various hard done by authors. The point is the Gaffer was in his own home. He wasn't a sqautter. You are really defending the rights of Saruman and his croney's to take over the Shire.


The estate website states: Can I / someone else write / complete / develop my / their own version of one of these unfinished tales ? (or any others)
The simple answer is NO.
You are of course free to do whatever you like for your own private enjoyment, but there is no question of any commercial exploitation of this form of "fan-fiction".
Also, in these days of the Internet, and privately produced collectors’ items for sale on eBay, we must make it as clear as possible that the Tolkien Estate never has, and never will authorize the commercialisation or distribution of any works of this type.
The Estate exists to defend the integrity of J.R.R. Tolkien’s writings. Christopher Tolkien's work as his father’s literary executor has always been to publish as faithfully and honestly as possible his father's completed and uncompleted works, without adaptation or embellishment.


Whether you like it of not (and you clearly don't)the Estate owns the rights to Tolkien's works. and has the right to protect them and test the limits of those rights in the courts. Just as a householder has legal protection against squatters and burglars. The estate may have money. It may also be in the right. It seems to think it has a duty (and I think it probably does legally regardless of morality) to take action. You may have a preference to go for the "underdog" in any circumstances, but are you defending the corner shop against "the man" or the purveyor of stolen goods?.

Presumably it would be easier for the estate to ignore all these things - and if you insist on making it personal, I don't suppose Christopher Tolkiens enjoys the vitriolic personal attacks they stir up (if he is aware of them) - and hope they would sink without trace. The Gardiner book was too expensive for me to consider even if I had been more interested and this - well given the millions of Tolkien fans, the fact that noone has read and reviewed in six weeks suggests that it probably doesn't improve after the few example pages and would have sunk without much trace. Modern wisdom says you should not give such things the oxygen of publicity.
But then the precedent would have been set and the floodgates opened.


What amazes me (apart from how anyone can write so badly and get published) is why the publishers don't check out the legal side first. There must be some kind of due diligence that isn't happening. This may be testing the boundaries but the other books fell at a really basic level.
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“But Finrod walks with Finarfin his father beneath the trees in Eldamar.”

Christopher Tolkien, Requiescat in pace
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