So yesterday was a quiet news day, huh?
I read her article and thought, at the time and as usual, Jane is really skilled at placing a specific issue in a larger historical context. In this case, she looked at their reported earnings and the reported problems from author commentary against the timeline of the digital book proliferation and asked, logically I thought, WTF?
It's a valid question, really.
Here's some more:
Ellora's Cave has filed a defamation suit against Jane, demanding that she take down the blog post and claiming damages in excess of $25,000.00. Plus, they've demanded in the suit filing the names of those who have commented anonymously on that post.
Oh, boy.
So what happens now?
A lot of people say WTF, for one thing. I know I am.
Nate Hoffelder wrote at the Digital Reader about the Streisand Effect, which is basically when a lawsuit highlights content or information that the lawsuit seeks to suppress.
The Streisand Effect was named after Barbra Streisand (who is amazing in many respects) filed suit against a photographer for publishing coastline photos of California's beach erosion, demanding that one be taken down because it showed her property. So of course once the suit was picked up by the media, everyone looked at that picture – which now accompanies the Wikipedia article explaining what the Streisand Effect is. A perfect illustration: hey, it's Barbra's house!
This suit, much like Streisand's, creates the same effect: instead of taking down the content, The Curious Case of Ellora's Cave is now probably among the most popular pages in DA's database.
So here's some Barbra Gifs to help me explain the rest of the reasons this is a big fucking deal.
So with the lawsuit, what happens now?
Well, the way defamation works, in the most simplest of terms, if the person being sued (in this case, Jane) can prove that what she said was true, then she wins. Jane's post links to several examples as backup for the points that she makes regarding nonpayment and the liquidation of assets.
Moreover, the process of discovery – which is when the attorneys on each side request access information they've determined is germane to the case – will examine Ellora's Cave's accounting, and whether or not authors have in fact been paid, since that's part of what Jane's column addressed, and part of what Ellora's Cave has objected to in their lawsuit filing.
But in the larger context, this means a publisher is suing a blogger for reporting about business matters. Effectively, EC is suing Jane for practicing journalism and also demanding the identity of her anonymous commenters.
And that right there is a big OSHIT. Because I'm also a blogger.
And so are many of you who read this page. (Hi there.)
What does this mean for bloggers?
Many – if not most – bloggers are hobbyists, who write about books because that's what they like to do, instead or maybe in addition to other awesome activities. Usually in addition to – bloggers are busy.
Most bloggers are not corporations – such as an LLC, or limited liability corporation company (sorry!). This site is owned by Smart Bitches Trashy Books, LLC, for example. Dear Author is owned by Dear Author Media Network, LLC. The LLC provides a sort of separation between business and personal for the person operating the site, and while state laws vary on how to establish an LLC, in most states it's a pretty straightforward process. At the book blogger convention at RT, I spoke briefly about advertising, revenue, and income from a blog, and the first step I advise any blogger is to establish an LLC for the blog.
Why? Because of situations like this.
In conversations with bloggers privately and in the Book Blogger Convention Jane and I run, many, many book bloggers have mentioned being afraid to write negative content about a book, or a publisher because of their worry about being sued for content. Because for one thing, lawsuits are messy and often painfully expensive.
And it's not just the book bloggers who have been afraid to speak up. Authors are also hesitant to do so as well. You might think this is just drama and self-aggrandizement, or people fanning themselves for attention.
I assure you, it's not. This case affects authors as well. I'm not the only one who thinks so:
What is happening to @dearauthor is EXACTLY why authors fear speaking out against certain publishers. Threats of legal action happen a LOT.
— Larissa Ione (@LarissaIone) September 27, 2014
I hope no one is still mocking the idea that EC authors were afraid to speak out.
— Bree Bridges (@mostlybree) September 27, 2014
The information Jane reported specifically linked to individual authors who stated that they weren't being paid, and in the comments, other authors agreed, several anonymously, and said they were in a position where they didn't feel they could speak out.
Now Ellora's Cave is demanding their identities.
That's dangerous for everyone. It's dangerous for anyone who writes about books, who joins us to talk about books, and for anyone who writes the books that we're writing about.
Nate and Jane both have also mentioned SLAPP, short for “strategic lawsuit against public participation,” which refers to lawsuits filed frivolously to silence critics. As Jane clarified today, Ohio, the state in which EC has filed suit, does not have anti-SLAPP statues in place, which means they can't be used to dismiss the suit.
Wait, what about those who are celebrating Jane got sued?
Yeah. I definitely want to address those who are celebrating that Jane got sued.
There are plenty of people in publishing who dislike both Jane and me. We've talked about that at length.
But I've seen a few authors celebrating the lawsuit, and… wow. This is so much bigger than whom you like vs whom you don't.
Jane was writing about authors not being paid. About a publisher not paying authors, and authors speaking out about it. We've reported on similar situations in the past, both of us. Dorchester in particular – we both declined to review Dorchester books because Dorchester authors began posting wherever they could about nonpayment of royalties, and that their books still being offered for sale despite reversion of rights.
So this is, specifically, a big deal, and a giant WTF isn't nearly enough to cover my reaction. I'm completely baffled by the celebration over this lawsuit.
ETA: The celebrations of a few are minor compared to the overwhelming support Jane has experienced. As she said to me earlier, “most everyone has been amazing. I'm blown away by the support and I love our romance community.”
What about commenters?
Jane has stated that she will protect the anonymity of anyone who wishes to comment or contact her with information. I extend the same offer here – though please note, if you comment using an email address that you've used elsewhere, your Gravatar may show up. Better to enter a bogus address in the email field, like anon@anon.com or similar.
And how else can people help?
For right now, listen and learn. If the suit moves into litigation, Jane will set up a legal fund, and we'll post about that, too.
But most of all: talk. It's scary to speak up, especially with actions like this against a blogger. But the best part about the blogging community on any subject, not just books, is that hearing from everyone means we all learn more. It's scarier to speak up now – I totally get that. But it's important, more than ever.
What, there's more?
Yup! Updated information, new links, Twitter discussions – links ahoy, so grab a drink or a smoke or whatever can calm you down a moment. There's more.
You might have seen the Google cache of this page. Sorry about that – Reddit linked to us, which is awesome (hi Redditors!) but sent the server into a tailspin. But we're back, and my apologies.
First, Jane has retained the services of attorney Marc Randazza, described at Popehat as a “First Amendment Badass.” I'm not sure there's a better description for an attorney, to be honest.
Second, I didn't want you to miss this post from Sunita, who writes at DearAuthor, about the chilling effect of Ellora's Cave's lawsuit, and specifically why they chose to highlight Jane's personal details:
EC picked the wrong person to sue, no question. But by filing at all, they’re also reminding their authors and editors that they have no compunction about publicizing the personal information of anyone they see as an adversary. It’s not necessary to sue an individual person in this case; suing Dear Author LLC would have taken care of their needs.* But it wouldn’t have sent the same “we know who you are” message. EC has already stipulated in internal communications that authors “include both legal name and pen name when communicating with Ellora’s Cave.” This just ups the ante….
As Lawless points out in the comments… suing Jane was potentially more lucrative than suing Dear Author LLC alone. But that still doesn’t explain why Jane wasn’t sued as “Jane Litte.” That choice not only sends the message that EC will sue bloggers for reporting about them, but that they will (gratuitously and spitefully) take the opportunity to reveal private information as part of the suit.
And then there's Courtney Milan's post today which further discusses the chilling effect, and Jaid Black's response on Twitter about the suit (since deleted) and Milan's perspective on Black and Ellora's Cave as Limited Purpose Public Figures:
…the standard for defamation actions for limited purpose public figures is substantially different than for private citizens. The standard is that the speaker must be acting with actual malice: that is, they must know (or be reckless about knowing) that the statements they are speaking are false. What that means is that if I say something and I have a good-faith belief that what I am saying is true–even if it later turns out to be false–I am not going to be held liable for defamation.
I point this out because I am extremely, extremely pissed off about this lawsuit. I believe that this lawsuit was filed for the purpose of chilling speech–and for the purpose of chilling true speech about a matter of imminent public concern. And I think that despite the outpourings of support, it’s working. This lawsuit is about teaching authors to sit down and shut up, even if their livelihood is at stake….
So I’m going to be tweeting harsh things about Ellora’s Cave that I believe to be true, and that I am confident will not be held defamatory under the limited public figure test because they are not made with actual malice. If they sue me, they sue me, and I’ll consider it money well spent.
I can’t give you legal advice about what to tweet. I can’t tell you that tweeting is safe and that it won’t harm you. But I’m going to be tweeting these things under the hashtag #notchilled–because I refuse to have legitimate speech about a matter of public concern chilled by a self-important bag of farts who happens to have access to a lawyer.
Hashtag? HELL YES HASHTAG: have a look at #notchilled so far, as former EC authors, published authors, writers, bloggers and readers participate.
Also: if you're an Ellora's Cave author who would like to let folks know about your other titles that are not published by EC, there's a form for you to fill out, which Jane developed.
Ellora's Cave has managed to anger several vocal parts of the romance community online, and I know word is spreading on email loops as well about this lawsuit. As I mentioned above, this may end up having the exact opposite effect that they wanted in terms of illuminating the complaints against them, but as Sunita and Courtney Milan have both mentioned, it's also spreading fear among those who write romance, and those who write about it. I know many people have written to Jane offering support, and I have seen so many people on social media and on their own sites writing about how angry they are, how unacceptable this lawsuit is, and how frustrating it is to witness it (let alone be the target of it). Sunita and Courtney Milan are right: it is scary to speak out now, and it is scary to know that they'd aim at a blogger (who is herself an attorney) who was practicing journalism. It's a relief to know that others are just as angry and appalled and are calling this lawsuit out as the bullshit that it is.
Updated 30 September 2014 1:30 pm ET:
Rather than start a new entry, I'm going to update this one until I can't update it any more because I've run out of room on the internet.
:
Today there was a temporary injunction hearing. During the hearing the judge did not grant the injunction, but did request that we come back for a more thorough hearing, where we would be able to provide evidence in our defense.
Truth is an absolute defense to defamation.
Therefore, If you are willing, I need help with the following:
Individual authors, editors, cover artists willing to testify, either in person, via telephone or in an affidavit to payments made/not made.
To clarify, anything that shows people not being paid or complaining about it.
It would be best if you could testify in person, but a sworn written statement will be adequate.
Additionally, if you have any Screenshots of any public statements regarding Ellora’s Cave, those would be helpful too.
You can reach me at jane@dearauthor.com.
You can spread the word via whatever social media or email loops you have. Here's a handy link to that entry on DA: .
Updated 3 October 2014:
Jane has asked me to administer a legal fund to help her with the costs of her defense: The Jane Litte Dear Author Legal Defense Fund is at GoFundMe, and details about contributions and the how and why of a legal fund are explained there.
Thank you for any help you can give, including spreading the word about how we can help Jane.
I agree with Susana Ellis. I have received all my checks and only a couple have been late.
Please support us by buying our books unless one has specifically asked readers not to do so. We have mortgages to pay, children to feed, medical and other expenses, just like everyone else.
If you have a beef with Jaid/Tina, take it up with her. We get a good royalty percentage from EC and, at this point, boycotting EC hurts authors more than it does anyone else concerned.
If you like the books, buy the books. It’s that simple IMO.
If you feel very strongly abut this issue, visit EC author sites and find the books which are indie-pubbed and buy them. But please don’t shaft us. Matters are rough enough as it is.
I think you’ll find readers are making the decision to boycott Ellora’s Cave on their own.
Christ you’re an idiot.
I have 19 books in this mess. Why they didn’t use the money to get a good company of accountants and a marketing consultant to sort things out I’ll never know. That would have done the authors a lot more good than pushing out court cases.
Thank goodness I have books elsewhere and ongoing contracts with other companies to lavish the love on.
I’ve taken my EC books down off my site. It was a horrible thing to have to do, because I love those books, and I’d really like to give them a new life. I really, really loved writing about my rock stars!
And I hear that publishers want more mythical beasts. Guess what I took down?
By today’s standards, what I wrote for EC wouldn’t be considered erotic today. Hot and steamy, sure, but it’s m/f with little or no kink and lots of romance. You can buy the kind of thing I wrote on the regular bookstore shelves today.
I’m wasting as little time on this fracas as possible. I have books to write.
Susana, I am sorry for all of the EC writers, editors, artists and the like that are caught up in this mess but as a consumer I have the right to decide not to contribute to ANY company based on whatever criteria I deem appropriate. In this case, i am not about to give my money to EC for a number of reasons that should be apparent to anyone who has been paying even the slightest attention.
If this situation is not the responsibility of the management of EC I can’t imagine whose responsibility it could possibly be. Perhaps if you are concerned about the negative impact this is having on your livelihood you should work internally with your peers to affect a resolution that doesn’t trample on the free speech rights of others.
At this point, I’m wishing that someone would set up a retail website for “Ex-EC Authors Who Have Re-Obtained Their Rights.”
Because while I really *don’t* want to punish innocent authors, I’d give up romance novels before I gave one more penny to Jaid Black.
Look, I love Chick-Fil-A sandwiches too; they’ve been my favorite for decades. And it isn’t fair that all the minimum-wage staff are being hurt by the boycott. But any sandwich I bought from them now would make me quite literally sick.
And so it is with EC-published books. Nausea induced by the trampling of First Amendment freedoms isn’t exactly conducive to that warm fuzzy romance afterglow, y’know?
As a reader and buyer, I’m just sitting back and watching our romance publishing history go up in smoke. But those writers caught in the middle? Gosh, what a mess. No way to complain without the risk of a subpoena and possible lawsuit? Risking your royalties to comment?
There should be another way to report problems with payment other than comments. I know there are laws to protect membership records from being subpoenaed, but I’m not sure that those laws would cover comments.
And thank you Susana Ellis. You have just removed yourself from my pile of authors to try. The income should really be spent to clean up the accounting, not lawsuits against a blogger.
I’m not buying EC books anymore. I have no confidence that my money will reach the authors but regardless, I won’t support a business which does such shitty things.
I do urge readers to consider buying books by EC authors which are published with other publishers or from the author direct where possible.
As for who was gloating – there’s some information about it at Jenny Trout’s blog – with screencaps. Link: http://jennytrout.com/?p=8077
Ann Somerville wrote: “Christ you’re an idiot.”
Picture my jaw dropping.
“Picture my jaw dropping.”
Why should I do so? Are you also lacking basic empathy with Ms Litte’s situation or are you astonished at Ms Ellis’s tone deafness?
I note you are an EC author. Your response should be interesting, to say the least.
Everything hapax said, but this bit:
should be cross stitched in a pillow, or a banner somewhere.
Honestly, it’s not easy being an author. You put your soul into a book, you get the call someone wants to publish it, you sign a crazy contract, you revise/edit and revise more. You put your baby out there and cringe smile through every bad review. Take a few seconds to revel in the happy ones. Learn from your mistakes. Pay your own money to pump your book without impersonating the ‘used car salesman effect.’ Express gratitude to the bloggers/readers who support you by leaving reviews. Then wait 3 months for a royalty check…wait no royalty check…what? Now I’m out money and more importantly time.
When someone who has no dog in the fight comes along to advocate for you and your colleagues, it makes the sacrifices more manageable. Thanks for being an Author Advocate, Jane!
Also, for those who want to help those EC authors who have either gotten their rights back, or have books elsewhere, there is a list—searching through the links to find it—but you can also learn more about who is being screwed here by reading back at Cat Grant’s blog. She has a rather detailed series of posts on the EC debacle.
Found it!
Here you go: the EC authors Exodus support thread at Deirdre Saoirse Moen’s blog.
Ann Somerville wrote, I believe directly to or at me: “Your response should be interesting, to say the least.”
My jaw dropping was in response to Somerville labeling another commenter here an idiot.
I guess I’m also an idiot for hoping that this discussion would remain civil rather than descend into name-calling.
I feel terrible for (most) of the authors caught in this EC mess, but yeah, put me on the list of people who wants to know which authors are gleeful, as those aren’t people is choose to purchase from or review.
“I guess I’m also an idiot for hoping that this discussion would remain civil rather than descend into name-calling.”
So not only does Ellora’s Cave want to squash dissent on the internet, its authors want to police how we talk about the company squashing dissent on the internet.
You’re also an idiot.
@SB Sarah, thank you, and Jane, for being on the front lines in getting this information out. In addition to the many good points already made about how important this is, as an aspiring author, I feel very very strongly that honest information about which publishers are known to screw over authors should not be repressed by those same publishers.
First let me reiterate I wish this lawsuit had never been filed against Jane Litte. I hate that she’s had one moment of frustration, worry, or anger over this situation, and I don’t even know the woman. However, since it has been filed, if I were a disgruntled (i.e., unpaid) author or employee of EC, I would be readying myself for battle rather than going down with the ship (and if I were one of the paid few, I’d side with my fellow laborers rather than the company that thought it perfectly legit to pay Peter but not Paul – it could easily happen to you). If this suit progresses to discovery, Jane and her legal team will get to peek into EC’s records; as the plaintiff, EC has the burden of proof to provide documentation that what was reported on Dear Author was false. For example, Jane reported there are authors, editors, and designers who have not been paid; EC will have to prove the opposite. When the documents hit the fan, so to speak, I’d be first in line to grab copies of the documents illustrating the breach of my contract.
But that’s what could happen if the suit progresses. Unfortunately, I don’t think EC has any intention of pursuing this lawsuit further than the filing. In my opinion, this lawsuit is purely an attempt by EC to intimidate bloggers and authors from speaking about EC in any way, shape, or form. I think it’s a bluff. People are already posting that comment streams aren’t safe, and warning each other “you could be next!” Fear has started spreading like a virus. Don’t let the bully tactics intimidate.
There’s no need to fear speaking our opinions. Defamation means injuring someone’s good name by slander and/or libel. EC ruined it’s own reputation months and months ago.
I’m so sorry for Jane and for all the EC authors caught in this mess. I’m an author (not with EC), and I’m so grateful to book bloggers for many times looking out for authors when nobody else does. The info you, Sarah, and Jane and so many others give us is interesting and invaluable. I think you’ve all got a shit ton of guts, so just tell me where to help, and I will. Good luck, EC authors. I pray you can get past all this as easily as possible so that you can get back to doing what you do best—writing yourselves a happy ending! (And yes, I mean it in the filthy way. We all need sex puns now more than ever.)
Susana, you’re missing the point. As a customer our strongest weapon is to stop buying a company’s product if we disagree with the way they conduct business. I have never bought anything from EC, so this is purely hypothetical, but if I had, I would have stopped buying their products now, because I think freedom of speech and freedom of press are simply to important in today’s society to be threatened.
EC is effectively trying to silence DA and trying to force them to reveal their sources/commenters. That’s big. That’s huge.
To authors such as Jamie McGuire and Theresa Mummert (or something, never heard of her) I can only say ‘Grow the fuck up’. Not everyone is going to love your book and if you get a negative review, just deal with it, ffs. Gloating about something like this, something that effectively has the power to silence author’s creativity as well, is just really bad form.
May I suggest that instead of annoying the folks at anon.com, people should use example.com for their fake email addresses? Example.com is reserved for things like that.
@Eric:
Thank you – I had no idea that was a better option.
@hapax
I wonder if I can get that in a giant Scriptina-font vinyl wall decal? Well said.
@Susana:
I empathize with the position you’re in, I really do. It’s not easy to hear readers saying they won’t buy books from your publisher because of actions on the part of that publisher that have nothing to do with you. It’s not comfortable at all, and it happens a lot.
Years ago we stopped reviewing and mentioning Dorchester books after many authors alerted us that they’d requested their rights back, and the books remained up for sale digitally. They weren’t being paid, so we didn’t mention them.
Some libraries stopped ordering Harper Collins titles when HC limited digital book borrowing to only 26 lends (lendings? is that a word? It is now!). This is one of a few options we have when we purchase books. We can’t change Ellora’s Cave’s decision, but we can stop buying their books, because what they’ve done is offensive, dangerous, and utterly crap.
It works both ways, too – when shitful neighbors of author Judy Mays outed her as a local high school English teacher who (OHNOES) wrote erotic romance under a pen name, I bought the hell out of her books. Where we buy and how we buy – and WHO we buy – makes a difference.
Does it suck that you and other authors are caught in the middle? Absolutely. I really do empathize with your situation. But I can’t accept actions like the ones Ellora’s Cave has taken without responding, so I write about it, and I talk about it, and I won’t buy the books they have published.
Please do keep us informed if there’s a fund set up. I’ll check over at Jane’s site as well.
Julaine said:
“No one should be rejoicing over this lawsuit, unless it becauses they are looking forward to what the discovery process brings to light.”
Yes, exactly that!
Many years ago, when I was a reporter for a newspaper (remember newspapers? They were made out of paper, had news stories printed on them and were delivered to your house every day), I was sued for libel along with the editor, the publisher and a couple other reporters. My share was $60 million.
So I know what it’s like to be sued. But I was fortunate enough that I was covered by the newspaper’s liability insurance. We had the best libel lawyer in the state of Maryland and after about two years of motions and depositions, the case was eventually thrown out.
I don’t know what the legal costs were, but I’m sure they were pretty steep, way more than the average blogger could afford. It costs a lot to pay lawyers to keep you from paying damages, even if it’s obvious your blog was truthful and accurate. This is very troubling for me, as it means that any blogger (myself included) out there telling the truth can be silenced by nuisance lawsuits like these.
And when the legal fees come out of your pocket, you’re a lot more likely to cease and desist.
Judy, this is exactly what EC is hoping to accomplish—to scare all bloggers into silence.
And that in turn is why it’s so amazing and important that Jane is staying firm here.
Because she will be showing all those entities that think threatening to stifle bloggers’ free speech with threads of lawsuit that we will not let them.
It breaks my heart (no pun intended) to read comments from some of the authors who talk about how they put their heart and soul into writing the books that they now aren’t getting paid for.
Personally, I’m celebrating the lawsuit just because of the Streisand effect.EC is going to get exactly what it deserves at the end.
As soon as you get the information about donating for legal fees, please post it. I will be one of the first to donate.
I agree, lawsuits like this one can have a chilling effect on freedom of speech. That being said, if you are hit with one, would you be willing to go into debt to fight it? Would you risk losing your house or your children’s college fund ? Lawsuits can drag on for years and those billable hours add up. And if depending on the kindness of strangers is your only option for paying your legal fees, giving up may be the only course available.
The man who sued me was a millionaire with a grudge against the paper. For him, causing a great deal of stress and inconvenience for everyone named in the suit was well worth the money he paid his lawyer, even if he didn’t win. And I don’t know what I would have done if I’d had to pay for my representation. I was going to graduate school then with a part-time job at McDonald’s. A year’s wages wouldn’t have covered the one day I spent in the office.
I genuinely don’t believe that EC authors are happy Jane is being sued. Speaking as one of them I am not. However, if we’re happy about this in any way it’s because EC is shooting themselves in the foot by doing this. By putting this lawsuit out there they will be faced with discovery and forced to open their books to the court. THAT is what I think EC authors may be happy about if we’re happy about anything in this. I don’t think Jane should be sued and I don’t think she should be asked to reveal her sources. But I for one would really like to know what is going on with EC’s books. Good luck to Jane and I hope EC is sensible and just drops this before it gets started.
“I genuinely don’t believe that EC authors are happy Jane is being sued.”
Just to clarify, the only authors I’ve seen cheering have NOT been EC authors, but unconnected, disgruntled wank merchants who should be ashamed of themselves – ie Jamie McGuire and Teresa Mummert.
The worst I’ve seen from EC authors, other than complete silence (which in the circumstances, is only sensible self-preservation) is in this thread here, showing a complete lack of empathy with their colleagues who are NOT receiving their royalty payments. Which is not something to put on display, but doesn’t rank with McGuire’s nastiness or Jaid Black/Tina Engler’s bastardry.
Can EC be counter-sued? If EC drops their claim, then discovery is ended.
Perhaps a Jane Doe class-action counterclaim, to protect the authors?
As for biting commentary, will EC be handing out ballgags at BookExpo next year?
(Feel free to photoshop a meme, or even sell them as fundraisers. Print the hashtag #notchilled on them! If a t-shirt, find a nice BDSM stock photo.)
Does the Romance community have an organization similar to the Comic Book Legal Defense Fund? Does this fall under the mission of the Electronic Frontier Foundation?
(Hmm… no mention on Boing Boing yet…)
@ Francesca, just playing devil’s advocate here, but what would the odds be that EC has a “double entry system” way of keeping their books? One set for themselves, and one for the lawsuits?
Also, wouldn’t the authors who notified Jane of EC’s dealings be protected under the Whistleblower Law?
@Linda: Be careful about what you call things. “double-entry bookkeeping” is a term of art for the standard way of keeping accounts.
What you describe is a form of accounting fraud, and both the company and the people doing it would be liable for criminal charges.
@Wolf Point noted. Guess I watch too many dramas.
Just an interesting fact to be aware of, if you are sued for slander/libel, etc., your legal defense costs may be covered under your homeowners insurance policy if you have one. Definitely read your policy and check with your agent if you need to. (This is because in the days before the internet, personal lawsuits were most commonly caused by somebody falling on the ice on your front steps, or getting bitten by your dog, or stuff like that.)
As somebody who works for a company that sells a lot of homeowners insurance, the possibilities for lawsuits that the web opens up terrifies us . . . .
It turns out that RWA has a Code of Ethics for Industry Professionals, which you can find at this link: http://www.rwa.org/p/cm/ld/fid=506 (RWA login may be required: I logged out and tested it, but who knows with that site sometimes). If anyone is both an EC author and an RWA member and believes any of these provisions have been violated, it is possible to send a signed letter registering a complaint (and containing supporting documentation for the complaint) to Deputy Executive Director Carol Ritter (listed here: http://www.rwa.org/p/cm/ld/fid=520).
Just seemed like something people would be interested to know.
As I mentioned over on the Dear Author site, I have a sneaking suspicion that the principals at Ellora’s Cave are about to get a real lesson in the Law of Unexpected/Unintended Consequences.
EC can just go right ahead and keep hammering the nails in their coffin, with those of us who are following this mess, we have other friends who are authors and many who are looking for a publisher. I can guarantee you that I will NEVER recommend EC to someone who is looking for a publisher.
I’m not a lawyer (and I don’t even play one in books) but the story about what is happening is going to have to be true for them to get anything in the way of a judgement. And they will have to prove that the blog and all of the commentators wrote what they did just to harm EC. And the whole thing about wanting annon poster’s real names will have to come from each of the writer’s IP. They only have to give it if there is a reasonable expectation of this being done by everyone named.
If it were me (and I’m so damned glad I didn’t try to get them to publish my books, they were on my list), if they breach my privacy this way, I will be filing a lawsuit to retrieve damages as well as court and lawyer expenses. I think everyone involved who are hit with this should do it. EC may be able threaten, they may actually be able to get to court, but do you really think they have enough money in the bank to fight every one of the counter-suits they would be involved in?
Here’s their best bet: own up to your mistakes. Apologize to those involved. Apologize to the readers. Forget trying to hurt the people who are very concerned with what is happening. Pay your authors royalties and return the rights to those who ask. It’s called “Personal Responsibility” and they need to take it publicly, then, if they want to continue to be a publisher, they will have to work to recover the good will of the public, both readers and authors.
Jane needs money to fight this, On Top Down Under will be right there with some money. It is getting to the point of ridiculous that people can’t speak out. Have an opinion. Bloggers are hobbyists and do it for the love of the written word. Fuck having people throw lawsuits at you – and reviewers have been sued before this.
According to the LA Times, DA has retained Marc Randazza, who knows a thing or two about defending people against bullshit allegations of libel or defamation (and quite often pro bono, when the defendant doesn’t have the resources to fight.) I swear this is like his hobby – he does it because he likes to fight assholes and he’s been very successful.
EC is f***d.
Now I’m just waiting for Popehat to chime in on it – Ken White’s hobby is helping to boost the Streisand effect and taking down legal bullies – he often finds attorneys to represent defendants who don’t have the resources – he’s a big admirer of Randazza. Some of y’all might remember a post DA did about Ken, who defended Regretsy against some kind of bullshit lawsuit. His favorite expression is ” vagueness in legal threats is the hallmark of meritless thuggery.” Also, “snort my taint.”
I’m not a lawyer – just a law librarian geek who follows lawyers who do the Lord’s work, so to speak, in standing up to bullies and gets crushes on judges who do the same thing.