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Old 12-08-2010, 05:30 AM   #1
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PublishAmerica author sues Stephen King for plagiarism

Rod Marquardt, author of Keller's Den, is alleging that King's novel, Duma Key, contains infringing content. He's asking for an injunction, destruction of copies, damages, and restitution.

The complaint is here. The entire cause of action seems to be that Marquardt published his novel in 2002, and King published his in 2008. The list of allegedly infringing content makes for very sad reading.

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Old 12-08-2010, 06:01 AM   #2
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They misspell King's name several times. Does that matter?
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Old 12-08-2010, 07:24 AM   #3
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They misspell King's name several times.
On the other hand, I'll admit to being impressed that they spelled "cavalry" correctly, since it feels like I see it misspelled "calvary" 95% of the time.


As my old tactics professor used to say, "Cavalry is mounted soldiers. Calvary is a hill in Jerusalem".
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Old 03-21-2011, 04:11 AM   #4
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On the other hand, I'll admit to being impressed that they spelled "cavalry" correctly, since it feels like I see it misspelled "calvary" 95% of the time.


As my old tactics professor used to say, "Cavalry is mounted soldiers. Calvary is a hill in Jerusalem".
I'm setting a military book in Jerusalem now just to use the phrase:

"The Cavalry arrived in Calvary."

Last edited by Aidan Watson-Morris; 03-21-2011 at 04:12 AM. Reason: Semi-colon instead of colon. I've heard PA authors have used semi-colons before and I wouldn't want to plagiarize.
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Old 12-08-2010, 10:44 AM   #5
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They misspell King's name several times. Does that matter?
How in Christ do you misspell "King"?

Last edited by blacbird; 12-08-2010 at 11:16 AM. Reason: typo. damn old baseball hand injury. fingers no work good.
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Old 12-08-2010, 06:04 PM   #6
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How in Christ do you misspell "King"?
I meant they wrote Steven instead of Stephen several times.
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Old 12-08-2010, 06:01 AM   #7
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Oooh, maybe this suit will lead to a subpoena for PA to provide information on how many copies of the PA book were actually printed & sold, and to whom (bookstores, direct sales from the website, to the author, etc.). That would be interesting. Especially if PA's recordkeeping matches its ability to provide proper royalty accounting.
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Old 12-08-2010, 06:17 AM   #8
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Wow, just wow. My mind boggled reading through that.
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Old 12-08-2010, 06:34 AM   #9
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Well, I, for one, am convinced King did it.

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Yeah.

Probably not, dude.

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Old 12-08-2010, 06:28 AM   #10
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So I guess we can not use the color yellow in a painting, or make statements like rescued by the cavalry, without Mr Rod Marquardt feeling like we are stealing his cliche's...

This is really sad, except for the lawyers...

I seriously doubt a journey is going to find judgement against Mr King in favor of a PA author.
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Old 12-08-2010, 08:43 AM   #11
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So I guess we can not use the color yellow in a painting, or make statements like rescued by the cavalry, without Mr Rod Marquardt feeling like we are stealing his cliche's...

This is really sad, except for the lawyers...

I seriously doubt a journey is going to find judgement against Mr King in favor of a PA author.
Well, there goes my novel about a telepathic artist who's rescued by the calvary cavalry before she drowns in a bathtub...
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Old 12-08-2010, 06:28 AM   #12
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The list of allegedly infringing content makes for very sad reading.

- Victoria

You mean like this:

Quote:
Two secondary characters from each novel try to convince both
main characters to leave the house after a scary incident, but both
main characters stay alone at their house (
Which is pretty much standard practice in every thriller/horror ever written.


Or

Quote:
Both novels use the word “cavalry” as being rescued from the
intruder when someone else shows up
Which is a 200 year-old cliche, at least.
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Old 12-08-2010, 06:29 AM   #13
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There are some interesting comparisons. And there are some very far-fetched ones, too.

Of course you'd have to read the novels to really get a good idea. (And for that reason I feel sorry for any judge on this lawsuit - even from the snippet I got a feeling of purple prose).
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Old 12-08-2010, 06:33 AM   #14
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There are some interesting comparisons. And there are some very far-fetched ones, too.

Of course you'd have to read the novels to really get a good idea. (And for that reason I feel sorry for any judge on this lawsuit - even from the snippet I got a feeling of purple prose).
He is asking for a JURY trial... Lucky judge...
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Old 12-08-2010, 06:41 AM   #15
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Maybe it's a new ploy by PA authors to sell more novels.
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Old 04-19-2011, 04:36 AM   #16
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Maybe it's a new ploy by PA authors to sell more novels.
They can only hope, the poor abused souls. That's not the way to do it, though.

They first need to get out of their contracts, and then they might have a chance!
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Old 04-19-2011, 05:05 AM   #17
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I'm feeling sad, thinking about the cash the author is shelling out for this. Honestly, the whole thing has become really distasteful, with the author dancing after his delusion like the girl in the red shoes, and the lawyers pocketing money for this lost and pointless cause in order to be able to say they sued Stephen King.

Just gross.

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Old 12-08-2010, 07:10 AM   #18
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He is asking for a JURY trial... Lucky judge...
That raises the costs of the case significantly. It was a poor decision.
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Old 12-09-2010, 01:16 AM   #19
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He is asking for a JURY trial... Lucky judge...
At least he'll be able to say that twelve people have read his book
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Old 12-09-2010, 01:49 AM   #20
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Old 12-08-2010, 06:30 AM   #21
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As far as PA opening their books, they are not party to the lawsuit that I can see.

Also, didn't PA claim some type of fire or water damage some years ago in which they lost records????
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Old 12-08-2010, 06:52 AM   #22
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As far as PA opening their books, they are not party to the lawsuit that I can see.
No, but their records could be substantiating evidence, and therefore it seems possible one side or the other may ask for them.

I seem to recall that one of the reasons the lady who sued JK Rowling had her case thrown out of court was that the number of her books that were printed was miniscule and sales were restricted to such a tiny geographical area that those two facts made it unreasonable to believe that JK Rowling could ever have seen her book, much less read it and plagiarized it.

But I might be misremembering that, of course.

ETA: I know this isn't the only reason, or even a main one. There were lots of other, more important reasons. BUT, this is the one that could cause PA some...trouble, let's say. That's why I mentioned it, instead of all the other reasons that particular suit was idiotic.
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Old 12-08-2010, 10:47 AM   #23
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I seem to recall that one of the reasons the lady who sued JK Rowling had her case thrown out of court was that the number of her books that were printed was miniscule and sales were restricted to such a tiny geographical area that those two facts made it unreasonable to believe that JK Rowling could ever have seen her book, much less read it and plagiarized it.
Perhaps, but the big reason was that it was proved in open court that she had fabricated evidence.
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Old 12-08-2010, 07:20 PM   #24
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No, but their records could be substantiating evidence, and therefore it seems possible one side or the other may ask for them.

I seem to recall that one of the reasons the lady who sued JK Rowling had her case thrown out of court was that the number of her books that were printed was miniscule and sales were restricted to such a tiny geographical area that those two facts made it unreasonable to believe that JK Rowling could ever have seen her book, much less read it and plagiarized it.

But I might be misremembering that, of course.
No, even one book would have been enough. Trouble was, there wasn't a single copy anyone could find anywhere, except a copy that was altered long after the fact. This is why the lady who sued ended up being fined a lot of money.

Actual plagiarism itself is proof of having read a copy, not number of copies out Terr. It only takes one copy for someone to copy the contents.
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Old 01-01-2011, 10:45 PM   #25
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Originally Posted by Jamesaritchie View Post
No, even one book would have been enough. Trouble was, there wasn't a single copy anyone could find anywhere, except a copy that was altered long after the fact. This is why the lady who sued ended up being fined a lot of money.

Actual plagiarism itself is proof of having read a copy, not number of copies out Terr. It only takes one copy for someone to copy the contents.
Funny enough, there was a copy in the discount book store in Vancouver, BC. I kept wanting to buy it, but refused to pay the twenty bucks they were asking for it.
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