PublishAmerica author sues Stephen King for plagiarism

JulieB

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I may be a little hazy about this but, after reading the response the first point of similarity about trancelike painting and supernatural control in both stories sounds rather familiar. Then it dawned on me that Rod Serling had written something very similiar to this for his Night Gallery series in the 70's. And it was a televised episode.

And how about Heroes? One of the powers was the ability to paint the future while in a trance-like state.
 

Manuel Royal

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I may be a little hazy about this but, after reading the response the first point of similarity about trancelike painting and supernatural control in both stories sounds rather familiar. Then it dawned on me that Rod Serling had written something very similiar to this for his Night Gallery series in the 70's. And it was a televised episode.
And isn't there something kinda like that in The King in Yellow? That was 115 years ago.

Or maybe I'm thinking of a different story, but it was definitely 19th century. When it comes to fiction of the outre, there's little new under the Sun.
 

victoriastrauss

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I may be a little hazy about this but, after reading the response the first point of similarity about trancelike painting and supernatural control in both stories sounds rather familiar. Then it dawned on me that Rod Serling had written something very similiar to this for his Night Gallery series in the 70's. And it was a televised episode.
Not to mention, it's a central premise for the whole first season of Heroes.

I read the response. It's hard for me to believe that whoever wrote it could keep a straight face.

- Victoria
 

HistorySleuth

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Still, this time around I found it more concise and to the point. Good on the new attorneys for that. Before I would have said it was a loser from the get go, but now? I think it's going to get very interesting.
 

pangalactic

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Still, this time around I found it more concise and to the point. Good on the new attorneys for that. Before I would have said it was a loser from the get go, but now? I think it's going to get very interesting.

It's certainly much more convincing than the initial document, isn't it? I can't wait to see where this goes.
 

victoriastrauss

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I wonder if these lawyers have done any research at all into PublishAmerica, or if they are simply assuming that it's a genuine publisher, like the publishers in the case law they cite.

- Victoria
 

circlexranch

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I wonder if these lawyers have done any research at all into PublishAmerica, or if they are simply assuming that it's a genuine publisher, like the publishers in the case law they cite.

- Victoria

And that is an interesting question. The first lawyer avoided the "PA" word, while this one leads with it. Makes me think that is a piece of research that didn't get done.
 

circlexranch

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It's certainly much more convincing than the initial document, isn't it? I can't wait to see where this goes.

A running joke that I have is that lawyers write a lot more fiction than they are given credit for.

Yes, this document is more persuasive. It is smooth and professional. However, it is all in whether the law will hold up under scrutiny.

In my case-from-hell, one of the responses I got was, on the surface, so smooth it actually made me nauseous. I ate some crackers and started peeling back the layers and then opened a can of whup-ass on it.
 

circlexranch

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Yes, it will be interesting to see if tropes can be passed off as protectible ideas.

While we wait, this week I will dig up what is known as the jellyfish case. It is about jellyfish sculptures and what is protectible and what isn't.
 

Mystic Blossom

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circlexranch, I tried reading the document, and quite frankly, it was all gibberish to me. Is there anything you can tell me that might clear it up? I'm not sure what's more credible about it and what isn't...
 

circlexranch

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circlexranch, I tried reading the document, and quite frankly, it was all gibberish to me. Is there anything you can tell me that might clear it up? I'm not sure what's more credible about it and what isn't...

Not a problem, we have a couple of weeks before the next deadline, so I'll pick it apart as I get a chance.

It is a very technical response, attacking the other side's procedure as much as it can.
 

Ink-Stained Wretch

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The new document looks merely like the old one re-written by someone with a better ear for language and padded with lots of legalese I hope King's attorney's counter-sue the delusional cretin for legal costs.
 

Little1

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Thanks again all for helping us stay informed :) This is vary interesting.... :)
 

darkprincealain

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I didn't read the original document but read as far into the new document as I could stomach. It seems from the lead off mentioning PA so, and ye olde list of tropes, I couldn't get far. But thanks for keeping us in the loop!
 

Chris P

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I wonder if these lawyers have done any research at all into PublishAmerica, or if they are simply assuming that it's a genuine publisher, like the publishers in the case law they cite.

- Victoria

How does the fact that PA published the book factor into this? It seems that the defense saying "PA is so horrible there is no way King would ever encounter one of the plaintiff's books" would be a silly argument. Of course S&S knows who published the book already, and will use that to their advantage if possible. The only advantage I can see for the plaintiff to hide it is so the argument doesn't derail and stays focused on the i-dotting of the defense.
 

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I still think that it's more than likely that so few copies of the PA book were printed that it would be possible to track down every one of them to demonstrate that none of them got within 500 miles of King.
 

JulieB

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How does the fact that PA published the book factor into this? It seems that the defense saying "PA is so horrible there is no way King would ever encounter one of the plaintiff's books" would be a silly argument. Of course S&S knows who published the book already, and will use that to their advantage if possible.

They're statements of fact, and everyone wants them to be part of the record. What if there's another book out there that carries either of those titles? It's not out of the realm of possibility, and this is how they identify the specific works involved in the action. (INAL. Of course.)

The defense has already said that the first time King ever heard about the plaintiff or the book was when he read about the suit. I'm certain they will elaborate on that in court, if the action goes to trial.
 

Momento Mori

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It seems clear to me that plaintiffs are desperate to get a stab (no pun intended) at discovery, but am I right in thinking that discovery works both ways? i.e. King's attorneys would be able to find out how many copies of the PA book got sold and where they were purchased?

MM
 

Snowstorm

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That's what I was thinking, Momento Mori. Could the defendants subpoena PA for the number and name/address of purchasers of this book?
 

victoriastrauss

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I still think that it's more than likely that so few copies of the PA book were printed that it would be possible to track down every one of them to demonstrate that none of them got within 500 miles of King.
Exactly. The only mechanism that has been proposed by the plaintiff to explain why King might have seen the book is simply that it was published and available for sale--which might mean something with a real publisher, but with PA, as we know, means nothing. I have a hunch that the plaintiff's lawyers may not realize that. (Yet.)

- Victoria
 

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Like I said, this may get real interesting. :popcorn: I think Uncle Jim is right. (and how often is he wrong? :) )

I would ask that if it were me being sued. Prove I bought the book, or anyone I knew bought the book, or anyone at all bought the book, for me to be able to see it. Then if the whole --it's not even in any book stores-- comes out. This case could be the downfall of PA in disguise if it's looked into to have to prove sales. King's attorneys may say, and it's not just this book, any book by this "publisher" for that matter-- because they only sell to their authors.