YOU HAVE TO BE KIDDING ME!!

[Ol' Fashioned Girl]

I thought you'd like that part.

 

[Ol' Fashioned Girl]

Here's an interesting link, too, along the Free Speech vein.

 

[A.M. Wildman]

Wouldn't that be funny? Considering the local ABC affiliate did a consumer report on PA, for them to have to come here and fight would be a riot. I could get media coverage. Oh yes I could.

How y'all feel about coming to NJ?

I'm pretty sure this isn't a 'real' cease and desist. Just a "polite" warning. If it was real, wouldn't it have to have a case number, etc..And the slip I had to sign was from the attorney's office, so it's not like PA even paid for the courier. Vic put it on his boss' tab. Probably part of his retainer.

I'm no lawyer but it sounds like a typical intimidation tactic. Especially with that call us for settlement line. Since they think it'll work, worst case you stop posting etc. Best case, if you were to actually call them for settlement. They get paid and don't have to go to court.

I'm with everyone else here. If it turns out they aren't blowing smoke pass the hat my way.

 

[WildScribe]

Their web site also says this: "PublishAmerica is a traditional, royalty paying publisher."

Is that a blatant lie, or is it just me? Sorry, I spotted that while I was checking out the new additions that Christine apparently merited.

 

[Christine N.]

Oh this letter addresses Free Speech, it says I committed libel because the things I said are untrue. And that I am trying to cause them malicious harm. Lil ole me, all by myself, eh?

I'm over it. And the bizarre thing is that I took a break from this part of the board, I was going to leave it alone for a while, get some rest.

Now they've just pissed me off.

Wild, no, they do pay royalties. Most people get checks for $0. Now, in many cases those books haven't sold a copy. In others, there's been proof that copies have been sold and not paid. PA give the 90 days to pay excuse, but how does that work with a POD publisher, where the MO is not to print until a book is paid for? They might not get paid by Amazon per copy, I don't know how that works.

Traditional publisher is a term they made up (oh yeah, that was in the letter too, why can't people make up a term?). People can make up new terms, happens all the time, doesn't really mean anything. Unfortunately the term has permeated the business; I see it all over the place now. Kind of creeps me
out.

Not only that, but unless I quote a source, isn't everything I post considered my personal opinion? How can they control my opinion? My personal, informed opinion, based on anectodal evidence and other direct evidence.

PA, bite me. At least I didn't call them pornographers, like they did to Dave. Now THAT'S malicious and libel.

Ooo, and that Chilling Effects website says there's no expectation of privace with a C&D letter. I can post it on the internet if I want! LOL

 

[James D. Macdonald]

Is there a Holiday Inn in Frederick?

Think we could get a group rate?

Maybe we could go to the same Holiday Inn where they held their one-and-only "annual convention."

I'll be happy to testify for you, Christine. I'll even provide the judge with a complete text of Atlanta Nights.

But I feel so ... left out. Where's my letter? Where are the baseless, groundless, feckless threats for me? I feel so ... dirty. Like I haven't been doing my job.

I'll say it again, so even Victor can understand: PublishAmerica is a scam put together by deliberate fraudsters. They use false and misleading advertising. They lie.

 

[WildScribe]

You have to have lied to commit libel...

 

[James D. Macdonald]

(Speaking of settlements ... if they want to make a settlement, sure! Pay me $100,000 and I won't post another word about PA for a solid year. Take it or leave it, Willem, but act fast -- this offer won't be repeated, and your time is limited.)

 

[JimmyD1318]

Maybe we could go to the same Holiday Inn where they held their one-and-only "annual convention."

I'll be happy to testify for you, Christine. I'll even provide the judge with a complete text of Atlanta Nights.

But I feel so ... left out. Where's my letter? Where are the baseless, groundless, feckless threats for me? I feel so ... dirty. Like I haven't been doing my job.

I'll say it again, so even Victor can understand: PublishAmerica is a scam put together by deliberte fraudsters. They use false and misleading advertising. They lie.

I guess they know better than to mess with you Uncle Jim. But I will admit, that's what I find strange in this whole thing. You have been calling them a scam and fruads for a long time. So why haven't they come after you? That is very strange.

 

[Christine N.]

Wow, OFG, that site is amazing!

Answer: There are ordinarily 6 possible defenses available to a defendant who is sued for libel (published defamatory communication.)
1. Truth. This is a complete defense, but may be difficult to prove.
2. Fair comment on a matter of public interest. This defense applies to "opinion" only, as compared to a statement of fact. The defendant usually needs to prove that the opinion is honestly held and the comments were not motivated by actual "malice." ( Malice means knowledge of falsity or reckless disregard for the truth of falsity of the defamatory statement.)
3. Privilege. The privilege may be absolute or qualified. Privilege generally exists where the speaker or writer has a duty to communicate to a specific person or persons on a given occasion. In some cases the privilege is qualified and may be lost if the publication is unnecessarily wide or made with malice.
4. Consent. This is rarely available, as plaintiffs will not ordinarily agree to the publication of statements that they find offensive.
5. Innocent dissemination. In some caes a party who has no knowledge of the content of a defamatory statement may use this defense. For example, a mailman who delivers a sealed envelope containing a defamatory statement, is not legally liable for any damages that come about from the statement.
6. Plaintiff's poor reputation. Defendant can mitigate (lessen) damages for a defamatory statement by proving that the plaintiff did not have a good reputation to begin with. Defendant ordinarily can prove plaintiff's poor reputation by calling witnesses with knowledge of the plaintiff's prior reputation relating to the defamatory content.

Three out of six. I think I'd win, especially with #6.

 

[Christine N.]

I think I'll countersue for, oh whaddyacallit, making my family worry.

How much d'ya think I'd get?

I mean, right now there's nothing to be done. Then sent me a 'shut up' letter, and I won't. If they sue me, I'll own Willie's helicopter.

 

[Ken Schneider]

When I read a grouping of words, I rely on the traditional meaning that the majority of people would agree that those words mean.

PA writes words on thier website to reflect what most people would see in a way that PA can twist into something else.

I have lived this first hand. Thinking that they meant one thing, only to be told it meant something else after the fact.

That to me is backhanded and deceiving.

What purpose does this serve?

Salesman: "She's a great looking car, isn't she?"

Customer: "Yes."

Salesman: "It's free."

Customer: "Really? I'll take it."

Salesman: "Great, here's the title. Sign here."

Customer: "Thank you so much."

Salesman: "By the way, its a dollar a minute for as long as it sits on our lot. We have a tow truck right over there for 40 bucks a minute."

 

[K1P1]

Maybe we could go to the same Holiday Inn where they held their one-and-only "annual convention."

Having stayed in a number of hotels in Frederick, including the Holiday Inn, I'd recommend the Marriott Residence Inns by a long shot.

 

[Rolling Thunder]

Yep, I had to sign.

It's not a legal document though - it's on photocopied letterhead and reads like a letter. Plus the 'call us at to discuss a settlement' thing leads me to believe it's not a legal document.

I've gotten one like this before, when someone was trying to tell me (and a bunch of other crafters) that I was using a process patented by him to make a craft. Tried to get me to pay a licensing fee. Since I didn't use his exact process, no way was I paying.

Ya know, Christine? Being that was sent by receipt mail (courier service you had to sign for), is not a notarized original and asks for you to contact them to discuss their receiving a sum of money, it might just come under the heading of mail fraud.

If this criteria can be proven, this would dictate the matter going through the criminal law system, not the civil courts.

Once introduced to that system, the attorney general would likely take over. There's no turning back for PA if it heads down that path.

 

[Ol' Fashioned Girl]

How about extortion?

 

[Sean D. Schaffer]

You know, when I saw the original title of this thread, I wondered what in the world was going on... and why Christine N. would post such a blankety-blank style thread title.

This sounds almost like another individual's threat to a particular Internet Hosting Company of a few months back. The difference here is, Christine's a professional and acts like one. I imagine the author of the Cease & Desist letter is going to have one hell of a time proving anything... except that PA is what everybody here has been saying it is.

It's interesting to note that they're picking on a decently successful writer. I wonder if this is a mad-dash attempt to get some extra money to fund their scam operation?

Christine, in any case, get a lawyer. You'll need one, I'm pretty darned certain. If they're picking on you in particular, they likely have a plan behind it.

 

[Rolling Thunder]

Same thing, really, OFG. There are rules of law governing settlement issues. Working outside those rules arbitrarily, especially if their lawyer sent the document, is opening up the door for a whole lot of trouble on their part.

 

[Brenda Hill]

So sorry this is happening to you, Christine. I can't imagine why they're targeting you when so many PAers and former PAers have said the same thing or worse.

Pay me $100,000 and I won't post another word about PA for a solid year.

I second that!

 

[Ken Schneider]

You know, If one owned a business, and didn't like what someone else was saying about it, wouldn't they just file suit?

This kind of tactic is consistant with how PA operates with regard to its author board members, and what we've heard about how they treat their employees,( one of which could be brought into a court to testify as to PA's business practices). They bully their authors with tone letters/e-mails and admonishment to keep control over them. Emails that I have on file.This is nothing different, a letter to try to control. They, (PA have shown a history of these type actions. I say this is an act of attempted strongarmed extortion, and that is how I would persue it. Think about how they operate and treat people and then tell me I'm wrong.

Someone in Frederick thinks they are GOD, evidently, and that everyone should bow to them.

This letter sounds like the little kid next door that runs home to mommy crying as says,

"Mommy." (rubs eyes while fake crying),"Christine called me a stinky farty poopy butt."

We all have a right to our opinion. I was part of PA, had a piece of writing through them, and it is my personal opinion that I was scammed.

If I were them I'd be sending out a I'm sorry we shouldn't have sent that letter, letter from VIC.

Too much documented history of their strong armed actions against good honest people.

Dream thieves.

 

[WildScribe]

So sorry this is happening to you, Christine. I can't imagine why they're targeting you when so many PAers and former PAers have said the same thing or worse.


I second that!

Third!

Extortion sounds right to me... they can get in big trouble for that... the scammy scammers.

 

[kristie911]

I don't know Christine...I think you should be scared, really scared.

<snicker> Damn! Couldn't keep a straight face for that! I tried.

How freakin' ridiculous. Really.

Count me in for a few bucks toward your legal fund!

ETA: PA is a scam. A total and complete scam. Don't believe a word that comes out of their lying mouths! There, maybe I'll get sued too.

 

[Tsu Dho Nimh]

So where is MINE!!!!!

WTF? Tonight a courier shows up at my door. Inside is a lovely letter from our friend VCretella. Within, among a long list of my quotes from THIS MESSAGE BOARD, they tell me that I cannot call PA a scam.
...snip...

You wait, yours is coming. I'm sure they aren't just targeting me.

So where is MINE!!! I sent the files and I gave them my mailingn address for the fricking contract!!!!

And who gets the courier? Me???? Oh no, it's little Missy Christine who rates a courier! So what am I ... chopped liver?

 

[Tsu Dho Nimh]

I believe they have been editing their website, to include phrases such as:
To the contrary, PA notes that it maintains "lower acceptance barriers" than other traditional publishers.

I may be mistaken, but this looks like a new addition since the unveiling of Crack of Death.

No, I noted it for my review of Atlanta Nights. It may have been a quote from one of the PA owners.

 

[BenPanced]

One thing I found out from my younger sister: Girls hit back.

 

[T. Nielsen Hayden]

Of course Publish America is a scam operation. By now, anyone who spends five minutes googling on them can figure that out. So what if they've started admitting that their acceptance standards are way below the level of real publishing houses? They're only doing that because Atlanta Nights and Crack of Doom have already proved the point many times over. But before "Travis Tea" and "Sharla Tann" did that, PA spent years systematically lying about their acceptance standards.

Having them complain now that they're not lying about that specific point any more is not impressive. I trust that the courts won't be impressed in the slightest.