An open invitation to be sued by JKR?

brianm said:

Interesting. The response might just cause Ms Rowlings' attorneys to kick this up a notch. Best stock up on popcorn.

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And pass some this way.

We should never underestimate the ability of PA to have our mouths hanging open. Maybe PA is hoping this will go viral and show the media, who've responded with articles about it, that they won't be made to look like scam artists.

I can't read the letter- I guess my acrobat plugin isn't up to date.

I think I know what's happened. Up till recently, Publish America have been bullying people that can't kick back. They don;t have the resources, or the understanding. Like all bullies who go unchallenged, they've started to think they are unassailable.

Their false confidence has led them to overreach themselves, without realising that by hitting one of the most powerful women in the industry, who almost certainly has some of the best lawyers, they are the equivalent of an over-sized twelve year old poking a professional boxer.

They're so used to getting away with their bullyboy tactics, that they've forgotten there are people too big to bother with.

This can NOT go well for them. And even the most loyal of PA authors must wonder why PA is doing their best to antagonise a woman who they were singing the praises of not a week ago.

edit: and unless I'm misreading the excerpts posted here, they are actively saying they had no intention of showing Rowling the authors books? Actually admitting they were going to take authors money for nothing? The more aware and savvy PA authors are going to be able to figure that out, you know. PA, the vast majority of your authors are not as stupid as you seem to think they are.

I'm actually watching this whole implosion vibrating in glee. I hope PA burn.

If I were a PA author I would be beginning the process to get my rights back. Just a heads up.

And Victoria made a good point on WB - JKR's lawyers NEVER said that PA was the one 'being watched by industry watchdogs' or whatever; THAT came straight from the article.

So apparently Vic don't read too good either.

The thing I find interesting about Cretella's tone letter is that he's way too emotionally involved in this. Normally, the client is the emotional one and comes running to their attorney in hysterics demanding they do something. The attorney, in turn, sends out a very professional letter, free of emotional overtones and simply sticks to the facts as they see it, and they make their demands.

But Cretella goes off that particular reservation to include all kinds of drivel that isn't germane to the topic at hand, which is the C&D Rowling's lawyers sent. Why include all the people they are suing? Is this supposed to intimidate Rowling's lawyers?

He did the same thing to us when he threatened to sue us last month. His "tone" letter was filled with the same exact detail about who they're suing - who lost and why. So it would appear that his letter to Rowling's lawyer is a template and he just fills in the particulars of each case.

I'm willing to bet that Rowling didn't hire ex-real estate attorneys. She hired only the best - lawyers who know how to argue a case and protect their client's brand. Is this something PA really wants to take on? Rowling is in a far different league than small publishers, authors, and website owners.

Guess it's time to up my purchase of popcorn and wine.

Just blogged at Writer Beware: PublishAmerica and J.K. Rowling: Retractomancy.

- Victoria

I've only read half the letter so far, but are these people 8 years old? "No, poopy pants, I never said I was going to clean my room, I only said I would be near my room and could clean it."

The Patrick Street address on Google Maps street view look like residences or realty offices. If PA is still there, it's no more than a handful of people.

I just finished the letter. Isn't Vic the one suing Sinthyia Darkness, and not "another PA rep"? Who determines what a "credible" watchdog group is?

As much as I hate the term, I think we have a perfect storm brewing. Between this, the defamation suit against Darkness, PA's Facebook page being more popular and negative than they hoped, and Willem's tax troubles I'm wondering how long before one of the three (Willem, Larry, or Miranda) jump ship and the whole thing comes apart.

Thanks CatSlave. Searching for Publish America on Google Earth returns both addresses.

priceless1 said:

Let's just say that my tongue was firmly planted in my cheek.

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Lynn, do you have to get skin grafts on your cheek as often as I think you might?

(all in fun.)

Reminds me of a letter I saw at work once. Used to work as a filing clerk in an insurance office (big firm, multinational company). Job was to open mail and sort it and connect it with the right file and deliver it to the desk of the right insurance claims handler. Didn't tend to read any of the letters intentionally but some of them sort of leap out at you (and I am an auto reader and a fast one sometimes...). Apparenlty a solicitor was threatening to sue not the company but the individual claims handler for not answering something within 2 weeks... the tone of the letter was very aggressive. I talked to the claim handler about this and she said 'Oh, yes, happens a lot. Usually because they actually have no case and have hired a really mickey mouse firm of lawyers who do not understand how long the process of an insurance claim can actually take'. They usually ignore it and they often go away.

Point of this anecdote: the more aggressive the response to a legal threat, the more spurious the case the attacker has. They know they are in the wrong here and are trying to deflect blame and create a legal smokescreen to protect themselves. It won't work cos I bet there is evidence galore out there as to what they really claimed on their site...

Wow, and to think I nearly rejected the offer of a refill on

Keep posting those links. I'm LMAO here.

Chris P said:

I just finished the letter. Isn't Vic the one suing Sinthyia Darkness, and not "another PA rep"? Who determines what a "credible" watchdog group is?

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No, and he mentions in the letter that someone else is suing them. (I took the phrase "another PA representative") to mean a different attorney. I was wrong. I was just going to delete the post, but it's quoted elsewhere, so consider this a correction.)

I suppose "credible" is in the eyes of the beholder.

Cathy C said:

Wow, and to think I nearly rejected the offer of a refill on

Keep posting those links. I'm LMAO here.

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Me too!

Sounds like they are big on balls but not on brains....

One more thing. I'm not going to comment on the substance (INAL and all that), but I would be surprised if PA or anyone would just roll over and take it. I think they have to defend themselves.

Genuine curiosity: Is claiming someone made a statement that they didn't make actually libelous? (i.e. is Cretella's statement that JKR's rep said PA is accused of being a scam, libel against JKR's rep? Since it's demonstrably & provably untrue, and is said in such a way as to discredit JKR's rep.)

WOW, they, wow I can't believe they sent JKR's layers a tone letter. Do they not get her lawyers have teath?

Those passing out popcorn if you have caramel can I get some I ate all of mine already. I am so totaly LMFAO over here.

PLEASE take them to court, JKR

Do it for the little guys who can't fight back.

PA created this impression..

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I hope these are the words that sink the fargin bastages.

nom nom nom...

*reverts into tiny clockwork dragon mode*

diz is gonna be fun to watch!

Stacia Kane said:

Genuine curiosity: Is claiming someone made a statement that they didn't make actually libelous? (i.e. is Cretella's statement that JKR's rep said PA is accused of being a scam, libel against JKR's rep? Since it's demonstrably & provably untrue, and is said in such a way as to discredit JKR's rep.)

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Stacia, the writer of the original article that shot 'round the world made that statement - it's not a quote from Rowling's reps.