YOU HAVE TO BE KIDDING ME!!

[pink lily]

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

I think that I have never seen
A woman angry as Christine
PA is trying to be mean
But we know they never screen
Or read or edit or come clean
This poem's one-offed on a screen
But we'll ensure justice is seen
I think no one has ever seen
What we can do with PHENTERMINE

 

[rihannsu]

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?

*Sigh* This is what happens when you purposefully leave people out.

 

[aruna]

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.

.

I take it the thread title has been changed? What was it?

 

[J.S Greer]

Ridiculous is the only word that suits this whole mess.

PA is lucky that they havent had a class action suit as of yet.

Hang in there.

 

[Christine N.]

Yeah, thanks gang.
I'm not going to retain the services of a lawyer unless they actually file a suit. I really believe it's just a "chilling effect" letter, like the wiki article and that website states. I think I'll send a copy to the site and see what they say. It was a hail mary, to see if I'd shut up with just the letter. They know they don't have a leg to stand on.

First of all, according to that stuff I highlighted earlier, I have a perfectly good defense. I truly believe the claims I've made, based on what I've heard, read and seen over the course of the last two and a half years. I have no doubt of them. And they were not made knowing, in fact, that they were false. I believe them, in fact, to be true. The fact that I did not make them knowing otherwise, is defense against libel.

Add to that the "poor reputation" thing (of which I'm sure I could bring pages and PAGES of not only this thread, but stuff from Mindsight, Making Light, Miss Snark, etc... to back up the fact that they have such a poor reputation. I could parade a long line of booksellers, agents, librarians, previous PA authors, employees, and anyone else I could find to state in no uncertain terms that PA has a poor reputation in the business of book publishing.

Now, again, saying that someone is a pornographer when you KNOW it's not true and doing it with intent to harm... THAT is libellous and defamatory, and I'm surprised Dave didn't take you, PA, to court and sue you into the next century. You got lucky.

I think I might know more about law than 'ole Vic.

I'm going to try and get the letter scanned today or tomorrow. Sheesh, I need to buy a scanner.

I'm also wondering if I just didn't get mine first because I live in NJ, close to Md. Those of you farther away might see one today or tomorrow, if they've gone and sent out a bunch. I still think they just have a list and went 'Eeenie Meanie Meiny...Moe!"

 

[Saundra Julian]

Hang tough, Christine and pass the hat this way!

 

[Christine N.]

The strangest thing is that they've made it out to seem like I'm leading the campaign, that I'm personally out to get them and no one else is. It doesn't make ANY sense, since you all are here with me, echoing my sentiments. They really make it seem like I'm the one instigating the whole bloody affair, and dragging you all with me. Really.

Just weird. I don't get it.

 

[zizban]

The whole PA bunch is weird, why would this be any different. The defense against libel is the truth. If you are telling the truth to the best of your knowledge, then it's not libel. Of course there is plenty of evidence to back it up. I heard about PA first from Uncle Jim, not you, maybe he'll be sued next?

 

[DaveKuzminski]

If PA actually takes you to court, contact me and I'll see to it that your attorney has a complete copy of all the P&E files and correspondence concerning PublishAmerica.

 

[Christine N.]

that's what I figure. Like I said, I've received one of these "chilling effects" letters before for something else. I contacted a bunch of other people who got the same letter and we agreed it was a tactic to try and get money.

Same with this. PA doesn't want their day in court, they just want me to shut up so they can fleece more people.

I will say that their website has changed since I started posting on this thread. And if someone were to read their website carefully, the inclusion of the 'lower acceptance barriers' and the 'bookstore availability does not mean bookshelf placement' statments are vague attempts at truthfulness. However, doesn't mean the rest of the stuff isn't true. We see on the PAMB everyday that PA doesn't make themselves clear. I think many of those things were not there a couple of years ago. And why did they change? If we hadn't said anything, I'd bet those changes wouldn't be there.

If they said - 'hey, we'll publish the books, but we won't give you more than a perfuctory edit, oh, and you gotta move 'em, 'that'd just about do it for me. Here at this site we have a contract analysis, and many, many pages of posts about how PA has misled people. I've read about a 'day at the townhouse' from a PA employee.

And I think other people have said things way meaner than I have.

 

[Robin Bayne]

Unfortunately it's not only the PAs of the world suing their unhappy authors-- a fairly large publisher ( I believe it was Genesis Press, but having brain fog) is suing one of their authors who complained publicly that they were holding back her royalties. It's well known, obviously, that the press is having problems but they do not want anyone mentioning it in a public forum.

 

[Christine N.]

The thing is, again, if a) it's proved that the publisher was holding back royalties or b) the author BELIEVED that the publisher was doing it, and didn't know it wasn't true and just said it to hurt them, then neither is libellous or defamation.

also from the Chilling Effects website (where I am also sending a copy of this letter as soon as I scan it)

A few courts have said that statements made in the context of an Internet bulletin board or chat room are highly likely to be opinions or hyperbole, but they do look at the remark in context to see if it's likely to be seen as a true, even if controversial, opinion ("I really hate George Lucas' new movie") rather than an assertion of fact dressed up as an opinion ("It's my opinion that Trinity is the hacker who broke into the IRS database").

Is it? Well, depends. I expect people to take what they know from both sides and make their own decisions. It's reasonable expectation I have.

And it's been proved, on at least two occasions, that PA has done weird things with royalties, and had to pay in court.

Whatever. I have never made a statment that I purposely knew to be false against PA. Never. I hate liars almost as much as I hate bullies.

And yanno what? There are people who 'less-than wonderful things to say about PA in their signatures. Why isn't PA going after them? I think I could sue for malicious prosecution? They're picking on me, after all. Or not.

 

[Tina]

Weasils wobble but they WILL fall down

I just hate bullies.

In Jenna's book Streetsmart Writer, she says something to this effect: Lawyers are not judges.

PA doesn't want to go near a courtroom.

That said, I'd like to know how they got your address. Could they have done so in an untoward manner?

What weasils (apologies in advance to weasils, ferrets and other animals in that family).

 

[CaoPaux]

 

[JimmyD1318]

Just wondering....

Christine, was this letter from PA's lawyer concerning PA or one of their writers? This has really wrecked my brain all night long, and I can't see why you got one but not anyone else. Well, so far anyway. But still why you and not Jenna or Uncle Jim or just the AW board? It's just so weird when you really think about it. But like I said if you need to pass the hat for legal fees count me in.

 

[Rekd]

This is priceless!

 

[Christine N.]

Nope, against PA. You think PA would pay Vic to fight on behalf of one of their authors? They said that I defamed PA itself by calling it a scam, less-than-honest about royalties, the thing about their acceptance policies, bookstore availability, and claimed I said their cover price, returnablitiy were fraudulent. Which I don't think I ever said.

I DID say their cover price was high, their discount was non-standard, and their returnability policy wasn't conducive to selling books to bookstores. But those are all true. I never said any of those things were fraudulent, just that they weren't in the best interest of the author if they expected to be on bookstore shelves.

It really is rather amusing.

 

[Maddog]

Anyone know what time it is?

It's ROYALTY TIME kiddies! And every year around this time, PA needs to raise a little cash. Enough to pay for the stamps and envelopes for the $0.00 royalty checks they send to their poor, unsuspecting writers--I mean published authors.

So get out your popcorn and your sodas and sit back to watch the fireworks. Unfortunately Christine is their latest victim--sorry Christine

 

[AnneMarble]

I'm also wondering if I just didn't get mine first because I live in NJ, close to Md. Those of you farther away might see one today or tomorrow, if they've gone and sent out a bunch. I still think they just have a list and went 'Eeenie Meanie Meiny...Moe!"

But I live in Maryland, and I didn't get one.


Maybe I didn't post often enough. Maybe I wasn't vocal enough in my posts. OK, here goes:
PA IS A SCAM. DON'T "PUBLISH" THROUGH THEM. YOU WILL BE THROWING YOUR BOOK TO THE WOLVES.

There. Phew. That feels better.

 

[Sparhawk]

Christine, I'll fax you a copy of my police report that states PA made fraudulent accusations against me and you can have your attorney get ALL the fraudulent E-Mails they sent to Hopedale PD claiming were ine. AND how PA was deliberatly uncooperative in an investigation they instigated.

PA is like a toy poodle... all bark with little bite. They don't have the testicular fortitude to do anything legally against you.

Vampire is to sunlight as PA is to Court Room. (And you can quote me on that Vic, baby)

PA would go down in flames if they ever set foot in court. They can only bluster like a fart in the wind.

Christine... If you need anything just e-mail me.

 

[priceless1]

Good grief, what a train wreck. Sending nastygrams for what amounts to namecalling is a groundbreaking new low in mud wallowing, and I applaud their efforts at becoming the leader in this exciting, worthy cause.

Some therapy to overcome their paranoia is advisable. They could use the time spent trolling the AW boards to develop some submissions standards so that Travis Tea, Sharla Tann, The Pink Pony and countless others, are nothing but water cooler banter. I'm reaching for a tub of popcorn to watch this soap opera from afar. You go, Christine.

 

[Christine N.]

I mean honestly. I said they were a scam, but I didn't say they defrauded the IRS. And even if I did, I would NEVER say it unless I thought it were true. And even if I THOUGHT it were true, I'd report it to the IRS before I spread it around the internet.

There's a big difference. Nothing I've ever said on this board against PA has been malicious or willfully false.

 

[James D. Macdonald]

No need to defend yourself here, Christine. Take PA to court and make 'em back up their public statements under oath. Get their business into the public record.

But y'know -- reporting them to the IRS isn't a bad idea. What are the odds that they paid taxes on the royalties that they fraudulently failed to pay their authors?

(And we know they've done it. Witnesses are available.)

 

[Christine N.]

Yeah, UJ, I know I don't need to defend myself to you guys. But now it's painfully obvious they spend more time here reading what I have to say than they do the words of their own authors.

Shame, that.

Just want 'em to know I'm not falling for it.

 

[CatSlave]

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.

Might be worthwhile to consult a certain tough lawyer in Frederick, eh?