While I am a juris doctor, I am not a lawyer in the pejorative sense.
| i think maybe he is seriously AFK? |
| John: if you'd like to update the links in your topic header, they are:
Urgent Announcements Ask Jarndyce (my "other" topic) Ask Ann Agents--The Good, the Bad, and the Ugly the rest of Caveat Scrivener You Think Your Life's Crummy... The Expert Is In! |
| Wait a minute, is it my imagination or have a bunch of posts in this topic disappeared? |
| A bunch of bad lawyer jokes Carol.
Hi John. Long time no posts in here, thought i'd liven it up some. |
| “What's the penalty for impersonating a lawyer?” she asked with a straight face. |
| Woo!
I just read this over at Absolute Write: "Beware! I was contacted today by a man who claimed to be a 'disgruntled lawyer' from PA. The message said that he was interested in speaking with me about my 'interest' in PA and that he considered filing a Class Action Suit. Being ever cautious of PA's tactics, I had the phone call traced. It was from the offices of Publish America." http://p197.ezboard.com/fabsolutewritefrm11.showMessageRange?topicID=209.topic&start;=3609&stop;=3609 Hmmm.... I wonder if that's 100% Kosher for Passover? -- JDM |
| Jaws,
did you get my email? Frank Wu |
| John, there's a new site discussing the Pros and Cons of PublishAmerica at URL http://payn.freelinuxhost.com/ that might be of interest to you. I bring it to your attention because you might want to briefly participate in it by sharing some of your opinions regarding the PA contracts.
The way I see it, that could provide your own site with additional links, if those are desired. Regards, DaveK |
| I just thought I'd drop in to say hello to a fellow attorney.
Hello. ;-) |
| You should check with Writer Beware (http://www.writerbeware.org). I try to avoid giving specifics in this forum to prevent problems with client confidences. |
| Dear John,
Why did you NOT recommend the Authentic Creations Literary Agency? Thanks, Ron Davidson reynodvds@aol.com Ron Davidson |
| Ah, thanks. |
| http://www.authorslawyer.com/c-ellison.shtml |
| The first site is allowing access today (Wednesday, going on noon).
Wow, I found this much more readable than I expected. And I especially appreciate the remarks at the top of page 13 (also page 1926) noting that because AOL is so huge any single aspect of its services would consequently contribute only a miniscule amount to their draw and earnings. The same thought was going through my mind a couple pages earlier, and then there it was. Yay. Alas though, that Ellison's claim of vicarious copyright infringement failed. So, what happens now? |
| No, it's not. They must be getting hit, too. Whomever they are.
-Linz Lindsey |
| The Ninth Circuit's website is being slashd0tt3d and thus difficult to access. The opinion is also posted here. |
| (hugs Sharky and then gets out of the way quickly)
Congratulations! Jae |
| ::gently patting Sharky on the back::
Way to go, Sharky!!! Terry |
| Congratulations! That's great!
-Linz Lindsey |
| Ellison v. AOL Decision Today
I am still reviewing the decision; but we won on one of the critical issues. You can get a copy of the slip opinion directly from the Ninth Circuit's website: Ellison v. AOL, Inc. (PDF, 85kb). |
| Vantage is a vanity press. My opinions of vanity presses should be pretty clear by now: Real authors don't use vanity presses; only real suckers do. |
| a.t. - you might not need John Savage. If Vantage Press is charging YOU money to publish YOUR book - run away. Everyone on this board (with few exceptions) will tell you "money flows toward the author."
Read through the Caveat Scrivner folder under Ask Ann. SueO2 |
| i need john savage to email me about vantage press. i'm really concerned about the cost, as i am new to book publishing. it sounds like it is really high...is it worth it? i need information that they dont give you in their brochure. a.t. |
| Sorry, Lawrence, I have a potential conflict of interest due to the intimate intellectual property relationship with Viacom. John Savage |
| John,
Coming to you in my role as the Director of a nonprofit organization (specifically the Klingon Language Institute), may I inquire as to your policies and inclinations when it comes to pro bono work? If I've caught your interest at all, please peruse the Klingon thread on sff.private.sfwa.foreign. Thanks, Lawrence |
| *** belch ***
Or at least a fuller soul… Jaws |
| Oh, the rampant speculation. :) Tracina |
| Wow, John, you must be *mahvelous*! Terry |
| Hi JOHN,SORRY ABOUT THE INTERUPPING ,WOW YOU ARE REALLY AGREAT SOUL ,YOU SEE THE LIGHT ,HIGHER LEVEL,Now I UNDERSTAND,THANKS FOR YOUR KINDNESS SHERI,DT sheri levinsky |
| Or Randy "Macho Man" Savage.
Since it's not his real name, either... |
| How about Fred Savage? ;-) Jae |
| Nope. No relation. Jaws |
| Hey, uh, you're not also the actor John Savage, are you? Michael Greenhut |
| Hey daaahlin'!
Would Jawsie be sweet enough to forward me Speculations #51? Kent has not replied yet and I would really reeeeeally like to read the rest of the article that got cut off... Gracias! :-) Vera |
| Lott Resigns as Majority Leader
News Report in the Washington Post John Savage |
| jsavage {a} authorslawyer.com Jaws |
| Hey you old shark -- was cleaning out some pics from my digicam, and guess what I came across?
Thought I had an e-mail addy for you, but I don't. The URL that I thought I remembered was no good either -- unless you're actually a bluesy accoustic guitarist on the side. I can just imagine you singing "Smell the Roses" or "Don't Wanna Be Your Dog".... |
| The package flies at midnight. Be prepared to have sugar. (Hopefully by Saturday)
;) The Befuddler |
| Well ... I hope that you do have some of both types of briefs in your suitcase ... ;) Rebekah |
| Only for that argument. Have briefs, will travel—and no, I don't mean underwear. Jaws |
| Will you be joining us in the Bay Area? We'd love to see you. Sean K |
| I received AOL's brief in the mail today. I'm… underwhelmed. Lots and lots of silliness.
So now I have two weeks to respond. Then the matter will be ready for oral argument, whenever the 9th Circuit gets around to it. I'll announce it here for the dubious benefit of anyone in the Bay Area (I think argument will be in San Francisco) who wants to get really confused and go see it. John Savage |
| John: Out bloody standing. Dancing in the streets, indeed! (Please check e-mail; I have a Missing Item I need your help with.) |
| A federal search warrant on Press-TIGE and Martha Ivery was executed on 26 September 2002. The federal authorities state in substance as follows:
* Press-TIGE Publishing, Inc., and its proprietor Martha Ivery are under criminal investigation for various federal offenses. * A search warrant was executed on 26 September 2002 on both the place of business of Press-TIGE and the residence of Ivery. No arrest has been made at this time. * A case agent has been assigned to this matter. Inquiries and information should be directed to Criminal Analyst Paul Silver, FBI, 200 McCarty Ave, Albany, NY 12209. He can be reached during normal business hours at (518) 431-7551. * Beyond these items, the United States Attorney's Office and FBI have no further comment. I have also been informed that Ms. Ivery has retained counsel of her own in this matter. If you have had dealings with Martha Ivery in any capacity, or with any of her known business identities or organizations—which may include any publishing-related business based in Leeds or Catskill, New York—run, do not walk to either counsel of your own choice or to Mr. Silver. Although this is not legal advice for your particular situation, I do not recommend making contact with or responding to contact from Ms. Ivery at this time. Although he has not specifically asked for such information, it will be extremely helpful if you gather the following documents and information and have them handy before contacting Mr. Silver: * A copy of each contract signed by you with Ms. Ivery, "Kelly O'Donnell," Press-TIGE, New Millennium Publishing, "Writers Information USAgency," or any other individual or organization you have reason to believe may have been a front for Ms. Ivery. * A copy of the most-recent correspondence that you have with Ms. Ivery, whether e-mail or otherwise. * A summary of any and all moneys paid to Ms. Ivery at any time. If you have copies of the checks, so much the better. The summary should, however, include the date (approximate if necessary), type of payment (e.g., money order), amount, and which contract it related to if there is more than one contract. This is not legal advice for your particular situation. However, dancing in the streets has been approved. |
| Hey Jaws -
Just posted a photo from ConJose with you in it - and one unidentified person. ...who was that sitting between you and Roach? To see the foto, look at the penultimate picture at - http://www.frankwu.com/luminaries5.html Thanks. This message will be cross-posted a couple places. F FrankWu |
| Well, now you HAVE the pictures, so there. And so does Frank. Well, most of them. I keep having to resend him stuff.
I think my camera is dying. There are several pictures I swear I remember taking, that didn't show up at all on the roll. I feel like I told you this already. Maybe it's my brain that is dying. -Linz Lindsey |
| I have to get the roll developed before I can send any pictures to anyone. So if you're waiting for MY pictures, it won't be until sometime next week. I can't speak for anyone else.
Well, I can, but usually they catch me and I get whomped. ;) -Linz Lindsey |
| The pictures have not been forwarded yet. You'll have to wait. I'll have to wait. John Savage |
| Okay, John: You've most of a con report up on your site, and that's all good. But you threatened PICTURES.... where are the pictures? Lenora Rose |
| I have no active case involving Picasso, and I cannot suggest a lawyer. You would need a Canadian solicitor first. John Savage |
| I have only questions without any answers - Picasso Publications. How is you case coming? Can you suggest a lawyer?
Thanks ? |
| Can't check my email right now (stupid email server) so just wanted to say that if we don't see you beforehand, we'll probably be at Ken's signing at 1PM tomorrow, if you can meet us there. (If you manage to check this before then.) Otherwise ... we'll find you. We'll just listen for the theme music and screams, and look around for dorsal fins. ;)
-Linz Lindsey |
| Won't that just forestall the whining? Or will his views on the color change if it's a fait accompli?
Lawrence Lawrence M. Schoen |
| I'm painting his room while he's out of town with relatives so that he won't whine about the color. Jaws |
| So how's that mainlining of tea working out? And is it legal to inject caffeine straight into your eyeball like that?
Don't do anything (else) that will hurt your back, okay? Get your son (aka slave-boy) to do the painting. Tell him I said it would make him extremely cool. -Linz Lindsey |
| It's at the printer. The appellate brief in Harlan's case, that is, of which I'm responsible for 11,000 out of the 14,000 words and most of the management. Which is why I've been awake since 3am yesterday, and working for all but around 5 or 6 hours of that stretch.
So I get to paint a room tonight. Jaws |
| Hey Jaws, if you're feeling generous, something for the "Military Technology" panel too would be great. :} Rebekah |
| Hey Jaws, we're writing missing panel descriptions at the last minute (big surprise). Do you have thoughts on what would make a good description/precis for the The Intellectual Property Introduction panel? Rebekah |
| Sounds like you're an expert in military fiction ...
What's a Monday morning without a death threat or two? Rebekah |
| I served on active duty doing unofficerly things for [classified] years before I became a lawyer. Among other things, this included Area Studies (Southwest Asia).
I wouldn't kill you, Rebekah. I can't speak for my former employer, however. Jaws |
| If he answers that, Rebekah, he'll have to ki11 you.
>;^> |
| Hey Jaws, I know about your legal expertise, but what is your military connection?
I have to think that on a number of those panels on copyright etc you will be in your usual position of you against everyone else. :} Rebekah |
| My (final) WorldCon schedule, in my mundane identity:
* Thursday 4:00pm Intellectual Property Introduction (1.5 hrs) * Thursday 5:30pm Legal Issues Affecting Authors (1.5 hrs) Copyright, Internet Piracy, Contracts, and other traps on the road to success. * Friday 4:00pm Sons of Literary Scams (1.5 hrs) Discussion of the traps for new and experienced authors with agents, editors and publishers. * Saturday10:00am Having a Fan Website Means Never Having to Say 'I'm Sorry, Your Honor' This panel touches on some of the major legal issues related to fan websites, ranging from trademarks and unfair competition to libel to copyright to technical problems. * Sunday 10:00am The DMCA and Fandom (1.5 hrs) How has the Digital Millenium Copyright Act affected Fandom? Fan writers, editors and lawyers discuss recent actions and activities surrounding Fan Fiction. * Sunday 11:30am Contracts: Getting Agreement without Getting Taken (1.5 hrs) Publishers want to sign each writer to a standard contract (and give themselves most of the advantages). Writers want to earn as much money as they can. What are common clauses in a publishing contracts? Which ones should a writer try to renegotiate? When is it reasonable for a writer to ask for a non-standard contract or special considerations? * Sunday 4:00pm History of Military SF (1.5 hrs) From the writings of Stephen Crane to the latest novels by Drake, Turtledove, or Bujold, military science fiction and fantasy has been a staple of science fiction literature. Why is military science fiction so popular? What are some of the good (and the bad) examples of this form? * Monday 11:30am Military Technology (1.5 hrs) John Savage |
| *sneaks around placing purple chocolates, then stands and recites*
I don't think much of our profession, but contrasted with respectibility, tis comparatively honest. -I strike again. ;) The Befuddler |
| I've read Lessig's book. He has some good points, such as the errors in too-long periods of copyright and patent protection. However, he makes two serious mistakes that undermine his position:
* His alternative is realistically far too short; and * He neglects the interplay of copyright with trademark and unfair competition law, neither of which has a time limit. This is why it doesn't really matter that the copyright on "Steamboat Willie" would have expired on 31 Dec 2003 without the Sonny Bono Copyright Term Extension Act of 1998. All that means is that, if the theater owner (or whomever) is excrutiatingly careful to note that showing the film is not authorized by Disney, he can show it. He can't make a derivative, because Mickey is not therefore in the public domain. He can't sell videotapes, because that would violate trademark and unfair competition law. And so on. In other words, Lessig has engaged in the usual straw-man tactics of people on both sides of the "information wants to be free" divide, without engaging with the real abuses. John Savage |
| John,
Just wondering whether you'd read Lawrence Lessig's 'The Future of Ideas: The Fate of the Commons' - 2001? The book makes the argument that copyright and patent law are killing innovation and creativity, particularly in rgards to the internet. Lessign seems to be arguing that in many instaces copyright law has been taken too far and is stopping the internet from becoming the revolutionary medium that it could be. I only picked it up from my work library this afternoon, so I can't really make any cogent points about it. Certainly not sure that I'd agree with everything he's saying but I thought I'd ask on the off chance you'd read it and had many views on what he's go to say. If anyone is interested I can report back about it somewhere on the Mill (probably in my own author topic) when I've finished it. - Robert Robert Hoge |
| OK, OK. EEK!! A SHARK!!!
[that better?] Terry |
| I am NOT warm and cuddly. I am cold-blooded, have a nice set of choppers (the better to rend you with, my dear), have beady little eyes and no mercy.
Besides, I'm worse than a "trial lawyer." I file lawsuits with the idea that we can get things resolved without having to go to trial. The other side likes to call these "strike suits," but they're not: my objective is to avoid trial, but I'm ready for it if necessary. Jaws |
| You ought to like Molly Ivins' column this morning, John:
http://www.creators.com/opinion_show.cfm?columnsName=miv I agree with her, esp. re: cute & cuddly part. Terry |
| John, check your computer. You may have the Klez virus. I just received an email from you titled CAN I HELP and it's 124k in size. This is about the size of similar emailings I've been receiving at the rate of two to four per day for the last few weeks which contain that virus. DaveK |
| No. That is not correct. In some circumstances, the absence of a copyright mark upon a published work—but not a manuscript—may allow an infringer a defense against monetary damages. It will not prevent a finding of liability, or a finding in favor of attorney's fees, or an injunction.
I am really getting pissed off at the recent spate of questions on a procedure that has been meaningless since 1909. Would someone please enlighten me as to their origin? |
| RE: "poor man's copyright." If a case of plagiarism ever goes to court, the copyright notice MUST be shown in a prominent place on the manuscript, even though we do have automatic copyright. However, most people don't go to court over their manuscripts, so in my opinion it's a moot point.
I disagree it's a mark of an amateur to place the notice on the manuscript; it only shows you know what the law is in case you ever do go to court. auroradawn |
| Oh, yeah, I forgot.
John Savage. Loved his early work in 'Bad Company', 'The Deer Hunter', 'The Onion Field', etc., but I can't say much for his latest works. Shame. Such a good talent, so cruelly lost to the film world. Mikal Trimm |
| Phil Dick.
P. Dick. P. K. Dick. Nope, no matter how hard I try, I still can't get over his name. That was one hell of a great white whale. Mikal Trimm |
| And now for something completely different...the savage larch. Fredrick Obermeyer |
| And thus ends the short happy life of the brown Oxford. Jamie Rosen |
| Down with all these autofac replies, posted by men in high castles, waiting for the solar lottery results. Shoot 'em with the zap gun, say I.
Best regards, Gregory Koster Gregory Koster |
| I'm getting stigmata just reading these replies. |
| Okay, something's slipped, and now it's out of joint. I'd better go to the galactic pot healer. Jamie Rosen |
| It's sort of an eldritch tale, a divine invasion of electric sheep in a high castle. If you don't remember, we can do it for you. Wholesale. :) |
| You'll need to go to the card catalog to find Radio Free Albemuth (do that as a title search...) |
| Where's Albemouth? I think John should give us a Geography lesson, with annotations and editorial comments. He's smart. |
| Would it be okay to talk about Doc Savage here? What about if we talked about Dr. John at the same time? Jamie Rosen |
| Hell, it's late and my eyes are getting blurry. When I first read the header, I thought it read, "Talk about the Savage here."
Chomp, Chomp! MWA |
| This is a test. It is only a test. Had this been a real message, you would have been directed to tune to Radio Free Albemuth. |