PublishAmerica author sues Stephen King for plagiarism

Paul

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Beyond the unconvincing examples of "similarities," the thing that seems to me (non-lawyer that I am) will sink this case is that it proposes no mechanism by which King might actually have seen the other book in order to plagiarize it. The entire argument seems to be a) Marquardt's book was published before King's, and b) it has been available for sale the whole time.

Other recent nuisance plagiarism suits--the Willy the Wizard guy who is suing J.K. Rowling, and the self-pubbed nutrition author who sued Elisabeth Hasselbeck (that case just got thrown out, for the second time)--offered a theory to explain how the defendants might have encountered the plaintiffs' work (totally unconvincing theories, but theories nonetheless). I think even Stouffer had a theory. But this guy--nada.

- Victoria
Well, once a text exists in tangible form and is out in the world in an independent form (ie not just in someone email account) then it is obtainable and readable. As that is the case, arguing that it would be essentially impossible that King would see it/ read it, could hold not credibility, because the possibility exists that he could have, however improbable.

anyway, this guy is paying for an expensive advertisement campaign and that's about it.
 
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AlexPiper

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And both use punctuation and grammar.

SUE THE ABSTRADS!

But apparently not spelling.

(Mind you, I suppose this is a valid point; given the way PublishAmerica 'edits' books -- usually introducing inconsistencies and errors -- both using punctuation and grammar isn't a given.)
 

TheTinCat

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I had to throw out a perfectly good first 100 pages of a new manuscript some years back, because someone pointed me to a book, and said "You should read this, it's the new big thing right now", and suddenly I had no more use for my story about a kid going to a school of magic where they kept the philosopher's stone...

So, whaddya think, do I have a case here!?
 

Manuel Royal

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The guy forgot to mention the most important similarity: Both books, from beginning to end, are written in English.
Well, isn't that convenient? Suspiciously so, I say.

TheTinCat said:
I had to throw out a perfectly good first 100 pages of a new manuscript some years back, because someone pointed me to a book, and said "You should read this, it's the new big thing right now", and suddenly I had no more use for my story about a kid going to a school of magic where they kept the philosopher's stone...
Ouch. I feel your pain. In the early '80s I started thinking about writing a novel about a 14th century English monk who, using Aristotlean logic and incisive medieval scholarship, investigates several murders at an abbey, finding that they involve a copy of one of the great lost works of antiquity. (I was thinking of Eratosthenes.)
 

Bartholomew

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And now that I've gone and read through the PDF, there are definitely some eerie similarities between the two books. But still.

There are. In the way that the Bible and Twilight have similarities.

Both are flat, rectangular objects. Both have English editions. both make heavy use of adjectives, pronouns, adverbs, verbs, and nouns. Both employ grammar.
 

circlexranch

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Well, there is something interesting going on in Marquardt v. King et. al.

Actually, what is interesting is that nothing is going on. The court issued the summons, but there has been no return of service. The clock doesn't start ticking until King and S&S are actually served.

It's not like King and S&S are all that hard to find. King's address is on the summons and S&S has an entire cadre of clerks and attorneys who exist solely to sign for summons.

So, is Marquardt's attorney taking the holidays off to spend his retainer? It has been 2 weeks. What is the story . . . . ? Enquiring minds want to know.
 

allenparker

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Originally Posted by circlexranch
10. In GWTW the invaders were Yankees. In TWD, the invaders are souless zombies. To southerners, this is the same difference.



Having many Southern relatives (Alabama), I can attest to that.

- Victoria

I must protest! Born and bred in the South, I must protest this insult heaped upon us. We are known for our fair treatment of souless zombies. We feed them, first, give them a good running start, then we shoot them.

Now those Yankees...

:)
 
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Celia Cyanide

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Beyond the unconvincing examples of "similarities," the thing that seems to me (non-lawyer that I am) will sink this case is that it proposes no mechanism by which King might actually have seen the other book in order to plagiarize it. The entire argument seems to be a) Marquardt's book was published before King's, and b) it has been available for sale the whole time.

Other recent nuisance plagiarism suits--the Willy the Wizard guy who is suing J.K. Rowling, and the self-pubbed nutrition author who sued Elisabeth Hasselbeck (that case just got thrown out, for the second time)--offered a theory to explain how the defendants might have encountered the plaintiffs' work (totally unconvincing theories, but theories nonetheless). I think even Stouffer had a theory. But this guy--nada.

Yeah, that is interesting. If your book is a POD and not available in brick and mortar stores, how would Stephen King even hear of it, let alone happen upon a copy? If the PA author is going to claim that is book is NOT a POD, and that it IS available in brick and mortar stores, then the truth about PA might come out in court.
 

ghost

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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.
 

Blake M. Petit

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My favorite part is where the guy said King ripped him off by referencing Garrison Keillor...

I had to throw away a huge chunk of novel a couple of years ago after a friend of mine said, "Have you read any of the Percy Jackson books?" A lot of similarities, not so much in plot, but in some of the structure of the world I was building. I've been trying to revamp and find a back door into that story ever since that would work without feeling derivative. At no point, however, did I think that Rick Riordan hacked my laptop and stole my brilliant work.
 

circlexranch

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WE HAVE MOVEMENT! A series of attorneys have entered appearances and/or filed Pro Hac Vice motions.

If an attorney is not admitted to practice in the state, in this case Georgia, they have to do a couple of things.

The first is to retain local counsel, in this case William H. Bush and Christopher B. Freeman of Carlton Fields PA, 1201 W. Peachtree, #300, Atlanta, Georgia.

The second is to have the out-of-state attorneys file to be admitted Pro Hac Vice (temporary right to practice in the state).

For King: Peter A. Herbert (I can't get to his particulars)

For Simon & Schuster: Elizabeth McNamara (her PHV app is also sealed)

Let the games begin!

Terri
 

MumblingSage

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Originally Posted by circlexranch
10. In GWTW the invaders were Yankees. In TWD, the invaders are souless zombies. To southerners, this is the same difference.





I must protest! Born and bred in the South, I must protest this insult heaped upon us. We are known for our fair treatment of souless zombies. We feed them, first, give them a good running start, then we shoot them.

Now those Yankees...

:)
Let me guess, they're what you feed the zombies on before you give them a running start?
 

circlexranch

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Let me guess, they're what you feed the zombies on before you give them a running start?

Love it! However, I do have to point out that y'all are blatantly stealing and plagiarizing my comparative analysis essay on Gone With The Wind and The Walking Dead. Just putting you all on notice that a lawsuit in Georgia may be forthcoming . . . conduct yourselves accordingly . . . ;)
 

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Love it! However, I do have to point out that y'all are blatantly stealing and plagiarizing my comparative analysis essay on Gone With The Wind and The Walking Dead. Just putting you all on notice that a lawsuit in Georgia may be forthcoming . . . conduct yourselves accordingly . . . ;)
:e2tongue:
 

Little1

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:popcorn:dont mind me. I am just here for the show :D
I can't wait for this to go to trial :)