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Old 12-09-2010, 04:40 AM   #51
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What you think...do I have a shot or should I worry about a lawsuit?
Isn't that the plot line of Bored of the Rings? Featuring Dildo Bugger of Bag Eye?
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Old 12-09-2010, 04:46 AM   #52
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Based on this lawsuit, the Tolkien estate should sue Stephen Donaldson. Donaldson used a ring... a white gold ring.

I on the other hand have avoided this in my fantasy work by using a different type of magical item. In my story, the hero wears a cock-ring made out of bone. He has to cross the mountains of silicone, make his way through the valley of cleavage, until finally reaching the caverns of Divine Access... Once there, he has to leave the ring in the fires of burning desire. Its YA...

What you think...do I have a shot or should I worry about a lawsuit?
*checks date stamp on file*

Dammit.

*erases file, starts again*
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Old 12-09-2010, 04:46 AM   #53
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Damn...and I thought it was original.

Back to the drawing board...
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Old 12-09-2010, 04:49 AM   #54
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Isn't that the plot line of Bored of the Rings? Featuring Dildo Bugger of Bag Eye?
It's officially official.

I l..I looooo...

*cough*

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I don't hate you.
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Old 12-09-2010, 05:46 AM   #55
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If you read widely in a number of genres, are familiar with early literature and folklore, you get to a point where you see themes and motifs and plot episodes used over and over and over, for thousands of years.

This.
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Old 12-09-2010, 05:52 AM   #56
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Ironically, Stephen King himself has been plagiarized more than once. In my (adopted) home town in East Tennessee, back in the '80s, a high school kid won a system-wide short story contest. They printed the story in the local paper, and I (and many others) immediately recognized it as King's story "Battleground" (in which a hit man is attacked by toy soldiers). Not just similar to it, but the very same story, word for word, just condensed a little. Oops.
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Old 12-09-2010, 05:57 AM   #57
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I'm glad the theft was discovered. I loved that story - with the hit man fighting back ("NUTS") and the way the battle ends.
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Old 12-09-2010, 08:32 AM   #58
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How are they going to even get a copy of this book from PA to submit as evidence?
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Old 12-09-2010, 08:58 AM   #59
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How are they going to even get a copy of this book from PA to submit as evidence?
The author probably has a couple of cases of them in his garage.
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Old 12-09-2010, 09:07 AM   #60
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And the court will have to buy a bunch of them for the jury, the lawyers, etc. Probably the biggest sale of his career.
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Old 12-09-2010, 09:08 AM   #61
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PA does not pay commission on writer bought copies.
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Old 12-09-2010, 09:42 AM   #62
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There was a PA promo awhile back that if you bought so many books, a copy was sent to Stephen King. If this guy participated, could his case force open PA's books to see if they do fulfill their provable promises?

Anyone else published by PA who paid for that promo could also make the same claim.
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Old 12-09-2010, 10:46 AM   #63
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How are they going to even get a copy of this book from PA to submit as evidence?
There's King's defense right there. He got so frustrated waiting for his copy to arrive, he decided it was faster just to write the darn thing himself. Perfectly understandable.

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Old 12-09-2010, 03:19 PM   #64
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I was just thinking about that - that he will try and say that of COURSE SK has read it, because his publisher SENT it to him. If PA really DID send those books to SK, and this author DID participate, well, either SK really did get a copy (though his staff probably opened it and tossed it long before HE saw it), or it will prove that PA is a lot of big fat liars and NEVER sent the book at all.

Which would be sad for the poor author, and terribly embarrassing as well.
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Old 12-09-2010, 05:03 PM   #65
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What a dickhead.
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Old 12-09-2010, 06:00 PM   #66
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Or this could be a brilliant ploy to gain evidence to use against PA that they didn't send a copy to King.
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Old 12-09-2010, 06:07 PM   #67
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Since King's book was published in 2008, I think we can safely assume that it was written no later than 2007, and that significantly predates the 'we'll send your book to Stephen King' offers. I'm pretty sure those started late last year, which itself was at least one year after the King book was published. Honestly, I don't think the PA offer has anything to do with this.

ETA: Yep, first mention here at AW of the 'we'll send your book to King' offer looks to be in early January of this year, here.
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Old 12-09-2010, 06:21 PM   #68
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The author had better have some copies on hand if the judge and jury need them. Could be this 2002 PA book is out of print. From the PA bookstore:
Quote:
No products for the search: Keller's Den
A PA bookstore search using the author's pen name, Rod Morgan, also comes up empty.
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Old 12-09-2010, 06:40 PM   #69
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penny crayon, the magic paintbrush, the picture of dorian grey...i can name about half a dozen stories that could be 'similiar' but all published before 2002.
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Old 12-09-2010, 06:47 PM   #70
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I couldn't remember, Terie, when that nonsense started. Thank you for finding it. I didn't think it was directed as a ploy to find out if the books had been sent, just thinking of ANY kind of defense this man has for his case.

That one's out.
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Old 12-09-2010, 08:52 PM   #71
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And the court will have to buy a bunch of them for the jury, the lawyers, etc. Probably the biggest sale of his career.
My guess is that the case will be dismissed long before it gets that far.

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Old 12-10-2010, 02:01 AM   #72
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I was just thinking about that - that he will try and say that of COURSE SK has read it, because his publisher SENT it to him.
Yet another reason to believe that, if PA really did send copies of books to assorted celebrities (particularly book-and-movie celebrities), those folks' assistants threw them right in the trash.

Who needs that kind of aggravation?
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Old 12-10-2010, 05:05 AM   #73
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What a dickhead.
Quoted for truth.


Anyone taking bets that the PA writer noticed the book titles have words starting with the same letter and that's what set him off? Think of the hours he put in poring over King's book looking for the vaguest similarities. Which is all he found: vague similarities--if you stretch real far, shut one eye, and hold your head juuuust right.

While I dislike Mr. King's writing, I DO respect his intelligence; he's certainly be brainy enough to avoid that sort of thing.


Despite the call for a jury trial, I expect the offended PA author (and his lawyer!) hopes for a fat out-of-court settlement to pay him off. Otherwise, I'm sure his sales--if his book is ever in print again--will show a bump for the publicity.

Oh, yeah--his 7-year contract with PA is expired by now--unless he was daft enough to renew it. (Scary.)

All it means is that both writers used common tropes of the language and the situation. King was not being particularly original with his language, and the PA writer is just flattering himself. (Which isn't saying much as there are far better writers around than King.)

As an editor, I'd have asked Mr. PA for a rewrite of "controlled him like the talons of an eagle wrapped around a harmless garter snake."

Way too labored and clunky.

OTOH, King's was a boring cliche: "I was like a bird hypnotized by a snake."

I'd have asked Mr. King to do better: "Dude--we're paying you an effing fortune for your words, for pity's sake have the courtesy to bring your A-game to the page!"

I'm sure I saw a Twilight Zone, a Night Gallery, an Alfred Hitchcock Presents and quite possibly a LaVerne and Shirley episode with similar themes.

I am presently watching The Dukes of Hazzard TV series for the very first time in my life, and odds are good they will also have a similar plot, but with more car chases to banjo music.

Perhaps the painting angle will have to do with a fresh customizing job on the General Lee and a look-alike car with a bad motor.

Doubtless Boss Hogg will be in the thick of things before he gets a well-deserved comeuppance involving swamp water, chickens, and a 1958 Plymouth Fury named Christine.

.

Come to think of it--THAT sounds like a way more interesting story than either Keller's Den or Dumas Key!

..


Last edited by Gillhoughly; 12-10-2010 at 05:24 AM.
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Old 12-10-2010, 05:32 AM   #74
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One of the funnier things here is that King started a sentence with "Suddenly ... ". Whoops.
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Old 12-10-2010, 05:51 AM   #75
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I had a beta reader call me out on "suddenly" when I was 14.

She mentioned Snoopy, and I've not repeated the error since.


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