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.
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 deliberte fraudsters. They use false and misleading advertising. They lie.
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.
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.
I second that!Pay me $100,000 and I won't post another word about PA for a solid year.
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!
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.
You wait, yours is coming. I'm sure they aren't just targeting me.
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.