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Originally Posted by Nerwen
On that note, Davem, it's not clear to me Hilliard "called the Estates's bluff" or "stood up to them" at all. Surely if that had been so, either they'd have gone on to sue each other as threatened, or the Estate would have backed off altogether? After all, if Hilliard and his publishers had wanted to put these disclaimers on the book, wouldn't they have done so to begin with?
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The Estate's demand was that the book be withdrawn, all copies destroyed & they threatened legal action against Hilliard if he didn't comply immediately. He counterfiled (or whatever the term is) & the result is that the book will remain available with a disclaimer (I don't see therefore how you can say that he didn't stand up to them).
http://www.guardian.co.uk/books/2011...n-legal-battle
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In a letter to Hillard, the estate's lawyers, Manches, said: "At no time have our clients granted permission to use the name and personality of JRR Tolkien in the novel, nor would they in any foreseeable circumstances." It claims "unlawful commercial advantage" has been taken of the estate's "valuable rights", and argues that Hillard's book "trivialises the name, personality and reputation of the late professor".....The Tolkien estate is headed by the author's son, Christopher, as literary executor. Its lawyer, Steven Maier, said: "I can't comment on the present case in too much detail … However, the Tolkien estate will always take action to protect its intellectual property rights.
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I think the fact that the novel will remain available indicates very clearly which side 'won' & which side 'lost'. If the Estate really believed they could have won they would have continued with the action - the novel itself has not been changed in any way, yet that was the issue. If Hilliard hadn't stood up to them & backed down his novel would not be available & every copy destroyed. He did stand up to them & his novel is still around. The Estate didn't get what they wanted. It also seems like the Estate not giving "permission to use the name and personality of JRR Tolkien in the novel, nor would they in any foreseeable circumstances" had nothing to do with the price of fish (as we say in the Shire).