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	<title>Comments on: Triskelion Bankruptcy Update:  Contract Clause</title>
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		<title>By: Sarah Grimm</title>
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		<dc:creator>Sarah Grimm</dc:creator>
		<pubDate>Sun, 24 Jun 2007 12:38:19 +0000</pubDate>
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		<description>I hate to be the one to tell you this, but I have been told by a bankruptcy attorney that anyone who received their rights back within the last six months could still be in trouble.  The bankruptcy court has the right to go back six months.

Unfortunately that means that those who &#039;saw the writing on the wall&#039; may still be caught up in this mess.

This whole thing makes me sick.</description>
		<content:encoded><![CDATA[<p>I hate to be the one to tell you this, but I have been told by a bankruptcy attorney that anyone who received their rights back within the last six months could still be in trouble.  The bankruptcy court has the right to go back six months.</p>
<p>Unfortunately that means that those who &#8217;saw the writing on the wall&#8217; may still be caught up in this mess.</p>
<p>This whole thing makes me sick.</p>
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		<title>By: jaq</title>
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		<dc:creator>jaq</dc:creator>
		<pubDate>Sat, 23 Jun 2007 22:07:53 +0000</pubDate>
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		<description>I just recieved the latest RWA News alert in my inbox: 

&lt;em&gt;RWA contacted its attorneys on behalf of authors who are under contract with Triskelion. After reviewing a sample contract that Triskelion submitted with its application for RWA recognition, the attorney advised that the best options with respect to the Triskelion contract are:&lt;/em&gt; 

&lt;em&gt;i) Authors whose books have not been published should send a notice that the contract is being terminated based on Article III, section L that voids the Agreement if Triskelion has not published and made available for sale the manuscript within sixty (60) days of the agreed-upon release date, which is in Article III, Section A; &lt;/em&gt;

&lt;em&gt;ii) Authors who have not received advances that are set out on the contract should send notice as specified in Article VI, Section B that addresses breaches of contract. Authors should state that the Contract will be terminated in 30 days unless the breach is cured;&lt;/em&gt;

&lt;em&gt;iii) Other authors should send notice to request Triskelion to release them in writing from the Agreement.&lt;/em&gt;

&lt;em&gt;Correspondence should be sent immediately by certified mail or other receipted delivery service. Authors need to be aware that even if Triskelion grants the termination of the Agreement, such action may be voided by a court-appointed trustee if the publisher files for bankruptcy. 

RWA Board of Directors&lt;/em&gt;

My sympathies to all Trisk authors.</description>
		<content:encoded><![CDATA[<p>I just recieved the latest RWA News alert in my inbox: </p>
<p><em>RWA contacted its attorneys on behalf of authors who are under contract with Triskelion. After reviewing a sample contract that Triskelion submitted with its application for RWA recognition, the attorney advised that the best options with respect to the Triskelion contract are:</em> </p>
<p><em>i) Authors whose books have not been published should send a notice that the contract is being terminated based on Article III, section L that voids the Agreement if Triskelion has not published and made available for sale the manuscript within sixty (60) days of the agreed-upon release date, which is in Article III, Section A; </em></p>
<p><em>ii) Authors who have not received advances that are set out on the contract should send notice as specified in Article VI, Section B that addresses breaches of contract. Authors should state that the Contract will be terminated in 30 days unless the breach is cured;</em></p>
<p><em>iii) Other authors should send notice to request Triskelion to release them in writing from the Agreement.</em></p>
<p><em>Correspondence should be sent immediately by certified mail or other receipted delivery service. Authors need to be aware that even if Triskelion grants the termination of the Agreement, such action may be voided by a court-appointed trustee if the publisher files for bankruptcy. </p>
<p>RWA Board of Directors</em></p>
<p>My sympathies to all Trisk authors.</p>
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		<title>By: jaq</title>
		<link>http://dearauthor.com/feeder/?FeederAction=clicked&amp;feed=Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fdearauthor.com%2Fwordpress%2F2007%2F06%2F20%2Ftriskelion-bankruptcy-update-contract-clause%2F&amp;seed_title=Triskelion+Bankruptcy+Update%3A++Contract+Clause/comment-page-1/#comment-34476</link>
		<dc:creator>jaq</dc:creator>
		<pubDate>Sat, 23 Jun 2007 22:04:04 +0000</pubDate>
		<guid isPermaLink="false">http://dearauthor.com/wordpress/2007/06/20/triskelion-bankruptcy-update-contract-clause/#comment-34476</guid>
		<description>I just recieved the latest RWA News alert in my inbox: 

&lt;em&gt;RWA contacted its attorneys on behalf of authors who are under contract with Triskelion. After reviewing a sample contract that Triskelion submitted with its application for RWA recognition, the attorney advised that the best options with respect to the Triskelion contract are: 

i) Authors whose books have not been published should send a notice that the contract is being terminated based on Article III, section L that voids the Agreement if Triskelion has not published and made available for sale the manuscript within sixty (60) days of the agreed-upon release date, which is in Article III, Section A; 

ii) Authors who have not received advances that are set out on the contract should send notice as specified in Article VI, Section B that addresses breaches of contract. Authors should state that the Contract will be terminated in 30 days unless the breach is cured;

iii) Other authors should send notice to request Triskelion to release them in writing from the Agreement.

Correspondence should be sent immediately by certified mail or other receipted delivery service. Authors need to be aware that even if Triskelion grants the termination of the Agreement, such action may be voided by a court-appointed trustee if the publisher files for bankruptcy. 

RWA Board of Directors&lt;/em&gt;

My sympathies to all Trisk authors.</description>
		<content:encoded><![CDATA[<p>I just recieved the latest RWA News alert in my inbox: </p>
<p><em>RWA contacted its attorneys on behalf of authors who are under contract with Triskelion. After reviewing a sample contract that Triskelion submitted with its application for RWA recognition, the attorney advised that the best options with respect to the Triskelion contract are: </p>
<p>i) Authors whose books have not been published should send a notice that the contract is being terminated based on Article III, section L that voids the Agreement if Triskelion has not published and made available for sale the manuscript within sixty (60) days of the agreed-upon release date, which is in Article III, Section A; </p>
<p>ii) Authors who have not received advances that are set out on the contract should send notice as specified in Article VI, Section B that addresses breaches of contract. Authors should state that the Contract will be terminated in 30 days unless the breach is cured;</p>
<p>iii) Other authors should send notice to request Triskelion to release them in writing from the Agreement.</p>
<p>Correspondence should be sent immediately by certified mail or other receipted delivery service. Authors need to be aware that even if Triskelion grants the termination of the Agreement, such action may be voided by a court-appointed trustee if the publisher files for bankruptcy. </p>
<p>RWA Board of Directors</em></p>
<p>My sympathies to all Trisk authors.</p>
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		<title>By: Joanna K. Moore</title>
		<link>http://dearauthor.com/feeder/?FeederAction=clicked&amp;feed=Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fdearauthor.com%2Fwordpress%2F2007%2F06%2F20%2Ftriskelion-bankruptcy-update-contract-clause%2F&amp;seed_title=Triskelion+Bankruptcy+Update%3A++Contract+Clause/comment-page-1/#comment-34411</link>
		<dc:creator>Joanna K. Moore</dc:creator>
		<pubDate>Sat, 23 Jun 2007 17:45:13 +0000</pubDate>
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		<description>Linn, you are right.  Whatever happens, I can handle it.  Onward to a new project, with my head held high.

Joanna K. Moore</description>
		<content:encoded><![CDATA[<p>Linn, you are right.  Whatever happens, I can handle it.  Onward to a new project, with my head held high.</p>
<p>Joanna K. Moore</p>
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		<title>By: Linn Random</title>
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		<dc:creator>Linn Random</dc:creator>
		<pubDate>Sat, 23 Jun 2007 01:21:54 +0000</pubDate>
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		<description>Joanne, take heart, unless you actually spoke with an Attorney, you don&#039;t know.  As I suggested earlier, I found a lot of attorneys who would do a free consultation.  Try that.  Hope springs eternal, I don&#039;t think Trisk has actually filed the paperwork yet..so maybe there will be a reversal. Maybe another publisher will jump in and buy up their debts. And of course you don&#039;t know the outcome of any bankruptcy, I doubt if Visa/Master Card who ever are the creditors are likely interested in going into the publishing business, so your rights might very likely come back by default anyway. Chin up!!!  And I&#039;ve talked with a very smart Trisk Author today who said, in time she will get her rights back, in the meantime she&#039;s focusing on her current wip. How brilliant!  What a great outlook in the midst of this. Hang tight and once again, our thanks to Dear Authors who are most dear in allowing us to come together here. Linn</description>
		<content:encoded><![CDATA[<p>Joanne, take heart, unless you actually spoke with an Attorney, you don&#8217;t know.  As I suggested earlier, I found a lot of attorneys who would do a free consultation.  Try that.  Hope springs eternal, I don&#8217;t think Trisk has actually filed the paperwork yet..so maybe there will be a reversal. Maybe another publisher will jump in and buy up their debts. And of course you don&#8217;t know the outcome of any bankruptcy, I doubt if Visa/Master Card who ever are the creditors are likely interested in going into the publishing business, so your rights might very likely come back by default anyway. Chin up!!!  And I&#8217;ve talked with a very smart Trisk Author today who said, in time she will get her rights back, in the meantime she&#8217;s focusing on her current wip. How brilliant!  What a great outlook in the midst of this. Hang tight and once again, our thanks to Dear Authors who are most dear in allowing us to come together here. Linn</p>
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		<title>By: Joanna K. Moore</title>
		<link>http://dearauthor.com/feeder/?FeederAction=clicked&amp;feed=Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fdearauthor.com%2Fwordpress%2F2007%2F06%2F20%2Ftriskelion-bankruptcy-update-contract-clause%2F&amp;seed_title=Triskelion+Bankruptcy+Update%3A++Contract+Clause/comment-page-1/#comment-34129</link>
		<dc:creator>Joanna K. Moore</dc:creator>
		<pubDate>Sat, 23 Jun 2007 00:57:39 +0000</pubDate>
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		<description>Well, now I know that my written release, requested by me and received in writing on May 18th, may be deemed worthless if the courts rule that way.  This whole situation is just beyond words.  

Joanna</description>
		<content:encoded><![CDATA[<p>Well, now I know that my written release, requested by me and received in writing on May 18th, may be deemed worthless if the courts rule that way.  This whole situation is just beyond words.  </p>
<p>Joanna</p>
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		<title>By: Joanna K. Moore</title>
		<link>http://dearauthor.com/feeder/?FeederAction=clicked&amp;feed=Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fdearauthor.com%2Fwordpress%2F2007%2F06%2F20%2Ftriskelion-bankruptcy-update-contract-clause%2F&amp;seed_title=Triskelion+Bankruptcy+Update%3A++Contract+Clause/comment-page-1/#comment-33947</link>
		<dc:creator>Joanna K. Moore</dc:creator>
		<pubDate>Fri, 22 Jun 2007 16:45:49 +0000</pubDate>
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		<description>I received all my rights back in writing on May 18th.  Today, I feel like I dodged a bullet.  I&#039;m at Wild Rose Press now, with both my books.  I feel so badly for everyone whose rights to their books are now tied up in the mess.  Egads.  

Hugs,
Joanna</description>
		<content:encoded><![CDATA[<p>I received all my rights back in writing on May 18th.  Today, I feel like I dodged a bullet.  I&#8217;m at Wild Rose Press now, with both my books.  I feel so badly for everyone whose rights to their books are now tied up in the mess.  Egads.  </p>
<p>Hugs,<br />
Joanna</p>
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		<title>By: Trista Bane</title>
		<link>http://dearauthor.com/feeder/?FeederAction=clicked&amp;feed=Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fdearauthor.com%2Fwordpress%2F2007%2F06%2F20%2Ftriskelion-bankruptcy-update-contract-clause%2F&amp;seed_title=Triskelion+Bankruptcy+Update%3A++Contract+Clause/comment-page-1/#comment-33885</link>
		<dc:creator>Trista Bane</dc:creator>
		<pubDate>Fri, 22 Jun 2007 14:47:52 +0000</pubDate>
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		<description>I found this link on a loop.  I was in shock to hear the news about Trisk, and decided to come read this.  My original intention was not to leave a comment, as it seems this is a place for Trisk authors to express concerns and lean on one another.  However, when I read Doreen&#039;s comments, I felt I had to say something.

I purchased a print copy of HUNTING DIANA back in February.  Doreen was kind enough to come to my birthday bask at my loop and share excerpts.  She hooked me, and I purchased it immediately!  I loved the book.  Read it from cover to cover-- almost without stopping.  I even skipped a meal-- I was so obsessed.  I don&#039;t know if I ever told her that.  And, it infuriates me that she may never receive payment for it.  And it saddens me that she will have to fight for her rights back to a book that she obviously put her heart and soul into. 

And so-- for Doreen-- and all of the other authors who are affected by this horrible ordeal, my thoughts and prayers are with you.</description>
		<content:encoded><![CDATA[<p>I found this link on a loop.  I was in shock to hear the news about Trisk, and decided to come read this.  My original intention was not to leave a comment, as it seems this is a place for Trisk authors to express concerns and lean on one another.  However, when I read Doreen&#8217;s comments, I felt I had to say something.</p>
<p>I purchased a print copy of HUNTING DIANA back in February.  Doreen was kind enough to come to my birthday bask at my loop and share excerpts.  She hooked me, and I purchased it immediately!  I loved the book.  Read it from cover to cover&#8211; almost without stopping.  I even skipped a meal&#8211; I was so obsessed.  I don&#8217;t know if I ever told her that.  And, it infuriates me that she may never receive payment for it.  And it saddens me that she will have to fight for her rights back to a book that she obviously put her heart and soul into. </p>
<p>And so&#8211; for Doreen&#8211; and all of the other authors who are affected by this horrible ordeal, my thoughts and prayers are with you.</p>
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		<title>By: Doreen Orsini</title>
		<link>http://dearauthor.com/feeder/?FeederAction=clicked&amp;feed=Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fdearauthor.com%2Fwordpress%2F2007%2F06%2F20%2Ftriskelion-bankruptcy-update-contract-clause%2F&amp;seed_title=Triskelion+Bankruptcy+Update%3A++Contract+Clause/comment-page-1/#comment-33880</link>
		<dc:creator>Doreen Orsini</dc:creator>
		<pubDate>Fri, 22 Jun 2007 14:37:13 +0000</pubDate>
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		<description>In regard to the authors who received their rights back within the last 90 days.  I&#039;m only thinking with common sense and not knowledge of the legal system, but....I would imagine that those authors who have proof rights were returned because such return was requested by the author can prove it was not &quot;Asset Dumping.&quot;  Ok, I have that proof with No One But Madison.  When I was informed that No One But Madison would not go to print, I wrote and asked for the rights to that book and Hunting Diana back.  I got No One But Madison.  If you have an email, etc. proving that you requested your rights and that they were not just handed back, then hold onto it.  As far as I&#039;m concerned, No One But Madison is mine to sell to whichever publisher I choose.  As for Hunting Diana, I&#039;m fighting to get those rights back.  

One point I would like to make about Lucynda&#039;s post:  There was mention that the vendors were not paying.  That was the reason I received everytime I asked about sales, royalties, etc.  &quot;Borders hasn&#039;t paid since August of &#039;06&quot;  &quot;Ingrams hasn&#039;t paid us so we are moving to Aero.&quot;  Yada yada yada.  Were they lying?  I&#039;d like to know from Borders and Ingrams if they were or weren&#039;t.  I&#039;d also like to ask anyone who has emails or copies of ims, etc. where they were told the same thing to let us know.  

Doreen</description>
		<content:encoded><![CDATA[<p>In regard to the authors who received their rights back within the last 90 days.  I&#8217;m only thinking with common sense and not knowledge of the legal system, but&#8230;.I would imagine that those authors who have proof rights were returned because such return was requested by the author can prove it was not &#8220;Asset Dumping.&#8221;  Ok, I have that proof with No One But Madison.  When I was informed that No One But Madison would not go to print, I wrote and asked for the rights to that book and Hunting Diana back.  I got No One But Madison.  If you have an email, etc. proving that you requested your rights and that they were not just handed back, then hold onto it.  As far as I&#8217;m concerned, No One But Madison is mine to sell to whichever publisher I choose.  As for Hunting Diana, I&#8217;m fighting to get those rights back.  </p>
<p>One point I would like to make about Lucynda&#8217;s post:  There was mention that the vendors were not paying.  That was the reason I received everytime I asked about sales, royalties, etc.  &#8220;Borders hasn&#8217;t paid since August of &#8216;06&#8243;  &#8220;Ingrams hasn&#8217;t paid us so we are moving to Aero.&#8221;  Yada yada yada.  Were they lying?  I&#8217;d like to know from Borders and Ingrams if they were or weren&#8217;t.  I&#8217;d also like to ask anyone who has emails or copies of ims, etc. where they were told the same thing to let us know.  </p>
<p>Doreen</p>
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		<title>By: Lucynda Storey</title>
		<link>http://dearauthor.com/feeder/?FeederAction=clicked&amp;feed=Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fdearauthor.com%2Fwordpress%2F2007%2F06%2F20%2Ftriskelion-bankruptcy-update-contract-clause%2F&amp;seed_title=Triskelion+Bankruptcy+Update%3A++Contract+Clause/comment-page-1/#comment-33640</link>
		<dc:creator>Lucynda Storey</dc:creator>
		<pubDate>Fri, 22 Jun 2007 01:26:02 +0000</pubDate>
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		<description>Ann,

Trisk made a lot of promises to people, promises with conditions that they didn&#039;t reveal like having a minimum presale order of 1000 copies.  Trisk didn&#039;t tell any of us that their distributors weren&#039;t paying them, didn&#039;t tell any of us that the books they said were going to print were in actuality not going to print, didn&#039;t pay when the contracts said that we&#039;d be paid, arbitrarily changed clauses in the contract rather than having authors sign an addendum.  Trisk should be held accountable for the hundreds and thousands of dollars authors spent  on promoting for print books that were delayed without notice or not printed at all.  Good faith is a concept even in legal circles.  Authors acted in good faith while in many instances Triskelion did not.

That causes a lot of hurt feelings which leds to anger and bitterness, emotions these authors are entitled to.

Kristi Studts stated in the print author loop that they sold half a million dollars last year, that they were closing in on Dorchester, stated that they were scaling back on print books because ebooks were the bread and butter of Triskelion.  Yet, three months later she&#039;s saying they are totally broke, broke so badly they can&#039;t even reorganize.

A lot of authors rightfully asked, &quot;Show me the money!&quot; and when they insisted on knowing the number in the print run, which is not top secret information, they were kicked out of the loops and their books removed from the eStore.  Asking about your expired contract and then requesting the rights back after expiration resulted in having all your books removed.

How much was illegal?  We probably won&#039;t know until the proceedings are over.  How much was poor business?  A lot of that we can figure out.  How much was just plain ol&#039; poor treatment of the people they are now considering their assets??? Over SIXTY authors know the answer to that one too, even the ones who tried their hardest to give Kristi and Triskelion the benefit of the doubt.

Anon2 is correct when s/he says that Kristi didn&#039;t communicate before why should she now.  Anon2 is correct when s/he says that the handwriting was on the wall long ago.  Anon2 has a right to post what s/he said because s/he was affected by the actions of Triskelion.  Anon2 is correct when s/he said others tried to warn authors that things in the business weren&#039;t kosher and several of the warning authors took a lot of heat for those warnings.

I don&#039;t know if you were a Trisk author Ann, but a lot of us were kicked and hard.  I had my issues last summer, and in January of this year so when all this came down I wasn&#039;t as emotionally affected.  Now authors are scrambling to figure out what to do because they had their faith in Kristi and Triskelion ripped out of their hearts.  And yeah, if there were a way for those writers to hold Triskelion responsible for their crushed dreams and wasted money, I&#039;d be all for it.</description>
		<content:encoded><![CDATA[<p>Ann,</p>
<p>Trisk made a lot of promises to people, promises with conditions that they didn&#8217;t reveal like having a minimum presale order of 1000 copies.  Trisk didn&#8217;t tell any of us that their distributors weren&#8217;t paying them, didn&#8217;t tell any of us that the books they said were going to print were in actuality not going to print, didn&#8217;t pay when the contracts said that we&#8217;d be paid, arbitrarily changed clauses in the contract rather than having authors sign an addendum.  Trisk should be held accountable for the hundreds and thousands of dollars authors spent  on promoting for print books that were delayed without notice or not printed at all.  Good faith is a concept even in legal circles.  Authors acted in good faith while in many instances Triskelion did not.</p>
<p>That causes a lot of hurt feelings which leds to anger and bitterness, emotions these authors are entitled to.</p>
<p>Kristi Studts stated in the print author loop that they sold half a million dollars last year, that they were closing in on Dorchester, stated that they were scaling back on print books because ebooks were the bread and butter of Triskelion.  Yet, three months later she&#8217;s saying they are totally broke, broke so badly they can&#8217;t even reorganize.</p>
<p>A lot of authors rightfully asked, &#8220;Show me the money!&#8221; and when they insisted on knowing the number in the print run, which is not top secret information, they were kicked out of the loops and their books removed from the eStore.  Asking about your expired contract and then requesting the rights back after expiration resulted in having all your books removed.</p>
<p>How much was illegal?  We probably won&#8217;t know until the proceedings are over.  How much was poor business?  A lot of that we can figure out.  How much was just plain ol&#8217; poor treatment of the people they are now considering their assets??? Over SIXTY authors know the answer to that one too, even the ones who tried their hardest to give Kristi and Triskelion the benefit of the doubt.</p>
<p>Anon2 is correct when s/he says that Kristi didn&#8217;t communicate before why should she now.  Anon2 is correct when s/he says that the handwriting was on the wall long ago.  Anon2 has a right to post what s/he said because s/he was affected by the actions of Triskelion.  Anon2 is correct when s/he said others tried to warn authors that things in the business weren&#8217;t kosher and several of the warning authors took a lot of heat for those warnings.</p>
<p>I don&#8217;t know if you were a Trisk author Ann, but a lot of us were kicked and hard.  I had my issues last summer, and in January of this year so when all this came down I wasn&#8217;t as emotionally affected.  Now authors are scrambling to figure out what to do because they had their faith in Kristi and Triskelion ripped out of their hearts.  And yeah, if there were a way for those writers to hold Triskelion responsible for their crushed dreams and wasted money, I&#8217;d be all for it.</p>
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