QUOTE (fylgja @ Oct 4 2008, 08:50 AM)

the Wizard of Earth Sea
Lord of the rings (no magic school, but talking trees, giant spiders, omg do I have to go on about how much she ripped of Tolkein?)
The entire legend of Avalon (a secret Druid school).
I could probably think of more, but I'm getting bored.
I knew LotR would get mentioned. But you do realize that LotR and Harry Potter use the same elements in mythology because, I don't know, maybe, they both incorporated
mythological elements? No one ripped anyone off, unless you count that both Tolkein and Rowling read their mythology books and got their ideas from that. Do your research about mythical beasts and beliefs and you'll come to find that Tolkien and Rowling both have gotten their ideas from the same mythological backgrounds.

If you actually compare the two, you might even notice that Rowling's depiction of the creatures she uses are very childish--the Whomping Willow, house-elves, trolls, and the like are based lightly on their mythological counterparts, while sporting a very childish atmosphere, in comparison to Tolkien's creatures that are much more adult.
Earthsea is also very different... Wizardry and the school on Roke island is about ALL I can find as far as similarity. Again, like LotR, the plotline is much more adult and the characters are (yet again) heavily influenced by mythology--which, last time I checked, was not against the rules. Plenty of authors reference mythology for their stories, and I don't believe anyone is ripping anyone else off when they do so.
"Legend of Avalon". A legend. A myth--not a publicized piece of literature that has copyrights and trademarks. I've read TONS of other books that "rip off" Avalon and King Arther, but I really don't think anyone has a beef about The Sword in the Stone, The Seeking Stone, The Dragon Queen, or other suck Avalon-based books. :/
Again. Mythology is the basis for many storylines, and when you incorporate mythological creatures and legends into your story, you cannot claim that one author has openly plagiarized another simply because they use the same creatures, or call them by the same names. Look back into the history books, and you will find that that's what they were truly referenced as in the Iron Age, or in the Renaissance, or in the Middle Ages... No one has ripped anyone off, the only thing that can be said here is that Rowling has done her homework, and just maybe, found inspiration in certain authors--which, I don't believe, is against the rules.
Edit: And for the record, there aren't any talking trees in HP. Giant spiders, yes, but again, reference your mythology books and you will find that such things were believed to exist.