Suit against 'Harry Potter' author to proceed

A British judge refused to dismiss a plagiarism lawsuit against "Harry Potter" author J.K. Rowling yesterday, saying claims the best-selling author stole ideas from an obscure fantasy book deserved to be considered at a proper hearing.

Rowling and her publishers, Bloomsbury Publishing, had applied to court for the case to be dismissed immediately, saying the copyright infringement claims brought by the estate of late author Adrian Jacobs had no real chance of succeeding.

But Justice David Kitchin ruled that the claims, brought by Jacobs's estate trustee, Paul Allen, had a chance of success — although he described this as being "improbable."

"I do not feel able at this stage to say that Mr. Allen's case is so bad that I can properly describe it as fanciful," Kitchin said.

The lawsuit alleges that Rowling's fourth book in her blockbuster series, "Harry Potter and the Goblet of Fire," copied substantial parts of Jacobs's 1987 book, "The Adventures of Willy the Wizard — No. 1 Livid Land." Jacobs died in London in 1997.

Rowling has called the claims unfounded and absurd, saying she only learned of Jacobs's 16-page volume in 2004. She has also said the idea for the "Potter" series came to her on a train in 1990.

Her lawyers argue that "Willy" and "Goblet of Fire" are not similar except at the most general level and that any similarities arose only by chance.

(Published by Boston - October 15, 2010)