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Great White North
Bookstore Sells a Few Copies of Harry Potter #6 Early in Error - Judge Orders a Reading Ban.
2005-07-11
Raincoast Books Obtains Injunction Against Early Disclosure and Reviews of Harry Potter and the Half-Blood Prince

VANCOUVER, July 11 /CNW/ - Raincoast Books announced today that they were successful in obtaining a court injunction regarding Harry Potter and the Half-Blood Prince. The eagerly awaited sixth volume in the best-selling series is being released in Canada at one minute past midnight local time on July 16th, 2005.

Madam Justice Gill of the Supreme Court of British Columbia granted to Raincoast Books Distribution Ltd., Bloomsbury Plc and JK Rowling, a John/Jane Doe injunction against the copying or disclosing of all or any part of Harry Potter and the Half-Blood Prince or any information derived therefrom including without limitation the story, plot or characters of Harry Potter and the Half-Blood Prince to any person prior to 12:01 a.m. local time on July 16th.

The case was brought to the Supreme Court of British Columbia on Saturday July 9th, 2005 as the result of a limited breach of the on-sale retail embargo date that involved a single location. The court ordered the return to Raincoast of any copies that have fallen into the hands of unauthorized persons owing to the breach. The court instructed "...anyone who has directly or indirectly received a copy or any other form of disclosure of Harry Potter No. 6 from John/Jane Does to deliver to the plaintiff Raincoast Books Distribution Ltd. forthwith any and all copies of Harry Potter No. 6 in their possession..."

"Raincoast and Bloomsbury, along with our global partners, have promised fans of Harry Potter that we would do our best to ensure that they would be the first to discover the secrets contained within Harry Potter and the Half-Blood Prince on July 16th," said Jamie Broadhurst Director of Marketing for Raincoast Books, "and we felt that we had to take all necessary legal action to keep our promise to Canadian fans."

Raincoast also announced that it would reward the small number of consumers who had inadvertently purchased at the store in question an early copy of the book, if they returned their copy to Raincoast immediately. Raincoast has issued a notice to the public requesting the immediate return of copies purchased early with details of the special commemorative gift they will receive in return for their cooperation (see below: Important Notice to All Harry Potter Fans). Raincoast has promised to restore any books returned to it to the relevant individuals at 12:01 a.m. local time on July 16th. "It is not the intention of Raincoast to penalize the small group of fans who have innocently purchased a book in good faith. We look to them to ensure that the excitement and mystery of the story is preserved for fans around the world until July 16th by cooperating with us and observing the terms of the court injunction."

Harry Potter and the Half-Blood Prince is a joint publishing venture in Canada between Raincoast Books Ltd. of Vancouver, British Columbia and Bloomsbury Plc of London, England. Harry Potter and the Half-Blood Prince will go on sale in Canada and all other major English language markets around the world Saturday July 16th. The injunction notice can be viewed at: http://raincoast.com/harrypotter/injunction.html

Any legal inquiries should be directed to:

Toronto:
Barbara Grossman
Fraser Milner Casgrain LLP - Toronto
Direct Tel no. (416) 863-4417
Fax no. (416) 863-4592
barbara.grossman@fmc-law.com

Vancouver:
Clayton W. Caverly
Fraser Milner Casgrain LLP-Vancouver
Direct Tel no. (604) 443-7126
Fax no. (604) 683-5214
clayton.caverly@fmc-law.com

Anyone who has purchased or otherwise obtained a copy of Harry Potter and the Half-Blood Prince before the publication date of July 16th should contact Raincoast immediately at 1-800-663-5714 or 604-323-7100. After hours please contact 604-968-0027 or 604-841-9206 or info@raincoast.com.

THE ORDER -
(GAWD WHAT WOULD WE DO WITHOUT OUR NORTHERN NEIGHBORS?)

IMPORTANT NOTICE
July 9, 2005
Vancouver, B.C.

You are hereby notified that on July 9th, 2005, at approximately 4:30 Pacific daylight time, the Honourable Madam Justice Gill granted a John and Jane Doe restraining order to Raincoast Books, Bloomsbury Publishing PLC and JK Rowling in the Supreme Court of British Columbia. The court ordered an injunction;

(i) restraining John/Jane Does and anyone who has directly or indirectly received a copy or any other form of disclosure of Harry Potter and the Half-Blood Prince by JK Rowling (“Harry Potter #6”) from John/Jane Does and anyone who is given notice of the order from copying or disclosing all or any part of Harry Potter #6 or any information derived therefrom including without limitation the story, plot or characters of Harry Potter #6 to any person prior to 12:01 a.m. local time on July 16, 2005 without the consent of the Plaintiffs’ solicitors save for information which has been made the subject of any press release issued or other communication made by or on behalf of and with the authority of the Plaintiffs;

(ii) restraining John/Jane Does and anyone who is given notice of the order from displaying, reading, offering for sale, selling, exhibiting in public or without the express consent of the Plaintiffs possessing Harry Potter #6 prior to 12:01 a.m. local time on July 16, 2005;

(iii) subject to paragraph (iv) below, restraining John/Jane Does, and anyone who has directly or indirectly received a copy or any other form of disclosure of Harry Potter #6 from John/Jane Does, and anyone who is given notice of the order, from making any use of, or destroying or concealing, or without the express consent of the Plaintiffs parting with possession, power, custody or control of any copy of Harry Potter #6 or any part of it or any copies thereof or any notes or descriptions of it prior to 12:01 a.m. local time on July 16, 2005;

(iv) compelling John/Jane Does and each of them and anyone who has directly or indirectly received a copy or any other form of disclosure of Harry Potter #6 from John/Jane Does to deliver to the plaintiff Raincoast Book Distribution Ltd. forthwith any and all copies of Harry Potter #6 in their possession as well as any photocopies, photographs or electronic copies of any portion of that book and all notes or descriptions of it and to immediately delete all electronic copies of any part of that book in their possession or under their control.

A certified copy of the formal order is available upon request from info@raincoast.com.


Posted by:BigEd

#1  PS Hat Tip Drudge
Posted by: BigEd   2005-07-11 17:20  

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