Found this in Publisher’s Lunch today. Via Wall Street Journal Online:

After the second day of testimony in the Harry Potter trial, Judge Robert Patterson, Jr. urged the parties to settle, expressing concern that the case is “more lawyer-driven than it is client-driven.”

Patterson said, “The fair-use people are on one side, and a large company is on the other side…The parties ought to see if there’s not a way to work this out, because there are strong issues in this case and it could come out one way or the other. The fair-use doctrine is not clear.”