Publishing House Alert: Yaoi House LLC
By Jane • May 11th, 2008 • Category: Misc • •Kira Takenouchi is a Yaoi author who made a name for herself with Ai no Kusabi fanfiction, including a long and popular saga called ‘Taming Riki’. She formed a publishing house called Yaoi House or Yaoi Underground, LLC.
She signed a number of authors including Becca Abbott and took money in form of subscription fee payments by readers anxious to read her Taming Riki work. In March of 2008, Kira found Jesus and decided to stop publishing and declared all contracts null and void. She promised to refund money paid for the Taming Riki work which was never delivered.
On April 8, 2008, other investors in the Yaoi House stepped forward (the first comment), claiming that they would be honoring contracts and resolving the issue of outstanding orders that seemed not be filled.
On May 1, 2008, Kira reappears and claims that she did not find God but was instead suffering hallucinations as a result of bi-polarity.
I know now that God wasn’t acutally talking to me with Divine imperatives..that was in my head. It just seemed so real. And…some things happened to me, that I gues I won’t tell you about, but they go along the lines of hallucinations.
I think that we know, having seen the signs before of bad publisher behavior what happens next. Yep, people voicing their upsets with Kira bailing on them speak out and Kira responds with
Have fun with your rant. Anyone who participates will of course be banned from my site.
On May 4, 2008, in response to what is happening with the contracts and the money that was taken from readers, Kira denies that there has been any transfer of power:
Let me be clear about one thing. Legally I am still the manager of both Yaoi House and Yaoi Underground so what I say goes, with regard to my fiction. I have the power not to sign the final contract that would transfer those rights to Harial, which would mean nothing would change with either company and both would remain in my control.
A number of advisors and business partners leave Yaoi House because of, well, the instability. And Kira responds with accusations toward the people who want their refunds and contracts honored. I mean, the nerve of those people.
I admit I’m very angry about this because it’s clear from the posts in this group that people KNEW or at least SUSPECTED I was not in my right mind and yet everyone was proceeding to take away everything I’d worked on for the past few years, in a matter of DAYS. Almost no one here stood up for me and gave me the benefit of the doubt! No one except Esther! You all FUCKING KNOW ME and you KNOW I would never desert you or my stories or these companies! You KNEW that this “Kira Morningstar” was not the same person as “Kira Takenouchi”. And you didn’t even care that I was mad, that I was all alone in the horror of my mind with no one to help me–my shareholders knew I was sick and yet they deserted me, everyone deserted me and just chose to believe the worst, that I’d actually just thrown everything away and walked away. You didn’t stop to think…Okay wait…she’s bipolar…maybe she’s just ill. Let’s give her a chance to come out of this. And then all you cared about was getting your refunds or getting A BOOK with one of my titles on it, written by anyone else under the sun apparently.
On May 8, 2008, Kira seems to have calmed down and wishes her former business partners the best of luck and actually offers up an apology.
I’ll be dismantling the YH subscription site because I suspect all the writers have gone with Harial to her new domain. I hope so. They got the raw end of the shaft, too. I’ll be too busy with my own writing to try and maintain such a subscription site–and I don’t even want to, because it’s Harial’s baby. To be honest I’ll mostly be focusing on my own books now, unless we’ve signed new contracts with authors I’m not aware of. Or if we have, perhaps they can follow Harial. Maybe she’ll
publish print books too.Harial…I just want to say publicly that I am so sorry for what I put you through
This olive branch is thrown down and trod upon three days later:
In case some of you are unclear about what has happened, Harial has started her own company.
Apparently some of my investors who joined her thought they could secretly keep shares in my companies while they invested in a competing company! They would be privy to my plans which they could then use to their advantage at their company. They apparently also thought they could take my authors, not realizing that the contracts between Yaoi House and its authors are still legal and have not been legally voided by new signed documents. So, for instance, posting Learning to Serve on their site is completely illegal, because a signed contract with Yaoi House is still in effect.
(Um, what about the post that all contracts were voided?)
Other authors are getting threats of legal action if they try to move their works to another subscription service.
Apparently, our contracts are still valid and will be so for two years after we hand in the manuscript. Which goes against what my contract says, but let’s not get into details here. Apparently, what Kira is trying to do is prevent any of the authors to sell the manuscripts or post the stories in question on the new publishing house’s subscription site
It sounds like some Yaoi authors are getting some raw treatment and that Kira Takenouchi is still trying to remain in business. Wonder what ever happened to those unfilled subscription payments?
Update: We’ve opened the comments at this time.
Jane is a long time romance reader whose passion is, you guessed it, reading. Jane also does not like to talk about herself in the third person, but apparently this is the way that this biography thing works (although in a true biography, someone else would be writing this blurb). Anyway, currently Jane loves urban fantasy authors Patricia Briggs and Ilona Andrews. She's really excited about this year's crop of historicals including Joanna Bourne's The Spymaster's Lady and Sherry Thomas' Private Arrangements and the upcoming Loretta Chase Her Scandalous Ways.
She's looking for a good contemporary author. Email her with a recommendation!
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Let me get this straight. She had a subscription service so people could read her fanfiction? Doesn’t making a profit violate the unwritten rules of fanfiction writers everywhere or is there something special about this subscription service that “allows” it to be the exception?
I love the bit where she posts “I should have had a durable power of attorney and a business plan since last time this happened I lost my job and custody of my daughter…” –um, yes, that would have been a Good Idea.
Maybe since she was writing fic for a Japanese series she saw it like doujinshi (for the other readers: comics the Japanese fans create and sell usually based on anime or manga or books like Harry Potter etc)? Those can include prose too.
But there is an unwritten rule outside of Japan that writers don’t charge money to read their stories. If someone did that in one of the communities I belong to they’d get raked over the coals.
If this woman really cared about her authors and readers, she’d hand over control of all of it during one of her “lucid” moments. As it is now, it just sounds like a convenient excuse for misbehavior, which is a disservice to those who truly are mentally ill.
Jan, I believe she did see it as doujinshi, yes. But what she’s doing with ‘Taming Riki’ is highly dubious at best.
What she’s doing to people like Alice Montrose, Delilah deSora and Becca Abbott, among others, is just outrageous.
Delilah gives her version of events here:
http://groups.yahoo.com/group/delilahs_fiction/message/1431
http://groups.yahoo.com/group/delilahs_fiction/message/1434
Oh, I know, it’s terrible! I read Alice’s post today and was stunned. I’d only heard that Kira had quit because she’d found God. All the rest was new to me. I feel so sorry for all the writers.
What’s especially hard to believe is that Kira talked about voiding the contracts on her blog. I read it, thousands of people read it. How could she claim that she never said that? She canceled them in front of all of us.
Thank God Alice is someone who won’t take something like this lying down. And thank you, Ann, for supporting her and the other authors this way.
Just waitin’ for Lynne C to chime in that she’s been writing for this house and has the utmost confidence in them. Of course, she can’t discuss a situation like this because her ebook updates aren’t “Gutter Press R Us.”
I remind myself that the flip side (heh) of bipolar disorder is amazing creativity.
I remind myself that the flip side (heh) of bipolar disorder is amazing creativity.
Well she’s certainly being creative with the truth.
Throwmearope, I’m waiting for one of the pack of faux hillbillies to turn up and give me shit for writing ‘homo porn’ and tell me I’m so mean for using the word ‘dubious’, because didn’t you know, I’m the only bitchy one around here as well as the only pornographer?
More seriously, what amazes me is the immense good will, patience and (some might say, blind) loyalty shown to Kira, which she pisses away without any thought that this well of decency might run dry if she keeps slamming those trying to help. It also seems ironic that because she said she found Jesus, so many people were willing to excuse her sudden volte face in March, but if she said she’d found Scientology or heroin, the fact she was clearly going through a mental health crisis would have been obvious to everyone. Even now, there are people who feel cheated because her ‘conversion’ was so easily set aside, when they should ask themselves whether such a rapid change in one’s thought processes could ever be healthy? Just because St Paul made it trendy, doesn’t mean it’s right for everyone.
[And now I'll sit back and wait to be flamed by the Christians for mocking their faith. Which I'm not.]
To be honest, when she told everyone about being born again, the way she said it led me to not take her seriously and figure she’d gone off the deep end. People who are serious about their conversions don’t act like that.
She asks why no one did anything to stop her. In her state of mind, would anything have gotten through? Nothing is getting through now.
It was a crappy thing to do to all the people counting on her, and if I were one of them, I’d certainly be upset.
I say this with no sarcasm or snark: if there is someone out there who is still friends with and has affection for this woman, they need to find a way to get her back on her meds.
Based on the quoted passages, she really sounds as if she’s on the wild pendulum ride at the moment.
Miki, apparently this is her on her meds.
And plenty of people are trying to help, urging not to take on the business side of things and to keep the stress low, but she’s not listening to anyone. That’s the frustration from those who care and those who are being victimised alike. She won’t take advice from anyone. It’s sad and it’s also a mess.
Before anything else, allow me to thank you for taking the time to blog about this story. I had nothing but the utmost respect for her an what she was building, and chose to ignore the signs that not all was well in paradise. Well, I suppose now I know. I can only hope readers/authors will learn from my experience.
Yes, I was pretty furious when I was told that, after this whole debacle, I was still under contract (even if I could prove otherwise). Hopefully, things will get settled and I shall have my story back. It may not be the most extraordinary thing you’ve ever read, but it is mine and I should be the one to decide what happens to it. I shall also keep my fingers crossed for Becca Abbott, because her situation is by far more serious than mine.
I am really interested in what Kira’s supporters have to say about this, but so far they have followed Kira’s example and have all been very quiet. Anyway, you shouldn’t just take my word for it; there are always more sides to a story. Sadly, I am not certain which Kira will eventually react to this: the logical and “professional” Kira, or the emotionally distressed Kira. If she will post any reaction at all, that is.
But there is an unwritten rule outside of Japan that writers don’t charge money to read their stories. If someone did that in one of the communities I belong to they’d get raked over the coals.
No, you don’t charge online for your fanfics. It’s like fan-art, and that’s the difference. If you present a gallery of fan arts online [writing counts as art] and you don’t charge, then you’re doing it right. …however, it’s hardly dubious to pull your text work together, clean it up, and print it out for fellow fans and charge to cover print costs. :) It’s done in Japan all the time, and I’ve done a few times in the past and see no issue with it; selling it to only fandom readers [which DOES NOT encompass the entire original slash/yaoi market]. Fan-doujinshi has always been about limited print runs and selling only to fans of the copyrighted property your book is based on–and for me, Takenouchi crossed the line when she placed ISBNs on her AnK books. 0_o. ISBNs and UPCs suggest that her fan-books could be sold in retail outlets, and distributed in online stores [thus violating the Japanese ethic of NO retail ani-paro]. Fan doujinshi isn’t legal in Japan, it’s tolerated as another form of fan art…the unwritten rule is, keep it out of retail stores.
Yet, regardless of her Taming Riki material, what’s she’s doing to her creators with this drama, by playing it out on the internets, is extremely shitty. I promoted a few titles for her some time ago at GGY, but when I noticed she liked to hire cover artists and put up covers and collect pre-orders, without actually releasing anything—I stopped. Then I caught a dose of her manic behavior at her journal site, aimed at me, when I expressed my opinion about the ISBN thing. After that, I asked that my fics be removed from her eFics area, and stopped promoting the company.
I can’t shake the sick feeling that, until I meet some of these ‘board members’ myself and see them with my own eyes, that this is all just one big sock-puppet theater. Honestly, who goes out of their way to put on a show like this, unless they’re aching for attention? Creative types with untreated mental issues. If there’s defecting editors currently at war with Kira over contracts, then they should know her financial situation enough to determine what’s she’s capable of doing legally, should writers defect and print with their new company. If they’re all dead worried about a bookstore wanting 60% percent of a book gross, then one of them have the monies to pursue legal action against writer for walking away from a contract, especially when said contracts were signed while the CEO was in a ‘manic state’. The sad truth is, no distributor will touch Yaoi House [or any fiction company] with just one original book in print, and from what I gathered by talking to a member of this ‘new editorial’ team around the time Kira found G*d—-they felt that bookstores and distributors asking for 40-60% per title was outlandish and they wouldn’t deal with them—-leads me to believe that for a writer, this whole outfit and anything stemming from it, is a bad investment.
If they’re all dead worried about a bookstore wanting 60% percent of a book gross, then none of them have the monies to pursue legal action against writer for walking away from a contract, especially when said contracts were signed while the CEO was in a ‘manic state’.
Sentence altering typo alert: one=none. :)
The credit card charges I was reading about the publisher making are a potential for trouble in the US.
Buyers have the right to charge backs if she does not deliver. The period of time generally runs 60 days the first appearance of the charge on the bill but other credit cards allow longer periods and possibly even shorter periods.
There are other rules she has to obey in the US. Because she is taking payments on items that may not even exist yet, she has either her stated period of time in which to deliver the item or, if no stated time, 30 days. If she finds she cannot deliver within this time then she must either refund the payment or obtain the consent of the purchaser. For periods of time up to 30 days silence can be taken as consent but for periods of time longer than 30 days there has to be specific consent or a refund.
This is the US Federal Trade Commission’s Internet Purchases Prompt Delivery Rules: http://www.ftc.gov/bcp/conline/pubs/alerts/intbalrt.shtm
Probably an unfortunate metaphor, all things considered, but I read thru all this and the only thing that came to mind was:
Kira, babe, get off the cross already. Somebody needs the wood.
[...] If you’re curious about the debacle– which probably won’t have a major effect on the BL industry, but which is kind of interesting in the same way that watching a train wreck is interesting –you can check out a nice timeline of events with quotes over at Dear Author. [...]
Okay, I am confused.
What is the business model of Yaoi House? Charging money for fanfiction? I feel like I’ve stepped off the subway at the Bizarro World stop.
In any case, under US law, illegal contracts are not binding. If someone has a “contract” that has to do with copyright violation (i.e., fanfic), it’s not binding because the core enterprise is illegal.
Now, the folks whose original MS were going to be published by YaoiHouse have most likely had at least one provision of those contracts voided by the owner’s actions to date. Being informed in email by one party to a contract that the contract is canceled, for instance, generally constitutes a significant enough breach of contract to void the agreement.
Kira’s stories are fan fiction. The other authors are writing original fiction. So the contracts in question have to do with work that is wholly their own.
Thanks, Jan. As I look into it further, it seems like the other authors have connected with a new publisher of books and subscription e-zines. If I were that publisher, I’d invest in a consultation with an attorney to review the Yaoi House contracts and prepare an official memorandum spelling out why those contracts had been voided by “Kira’s” actions (if indeed they have, as seems likely from the pixel trail on the Internet).
And it does seem that “Kira” is selling fanfiction (at least, from what I can glean from the Yahoogroup messages). I don’t think that someone who’s engaging in what is, under US law, a clear-cut violation of copyright law is going to be in any position to enforce intellectual property contracts of her own (even if they weren’t voided by her actions, which–and I am not a lawyer, and this is not legal advice–it certainly seems like they would have been).
I hope that folks will take away from this one important lesson: going into business with people who are profiting from copyright infringement is SO not a good idea.
If “Kira” doesn’t respect the legal intellectual property rights of Reiko Yoshihara (the author of Ai no Kusabi), or of Digital Manga Publishing (the North American licensee for Ai no Kusabi), why would she respect the legal intellectual property rights of the authors she signed to contracts?
These pub didoes all sound so familiar.
Not all fan fiction is copyright infringement. Not having read the original or Kira’s work, it is hard to say where her work falls.
Not all fan fiction is copyright infringement. Not having read the original or Kira’s work, it is hard to say where her work falls.
Since the works she’s selling are about Riki and Iason, the main characters in the original books, I don’t see how it can be anything but copyright infringement.
This is the text from the old Yaoi Underground site:
All stories at Yaoi Underground are by Kira Takenouchi. The beautiful and timeless story Ai no Kusabi was written by the magnificent Rieko Yoshihara, to whom all Taming Riki books are most humbly dedicated. The Taming Riki series are dedicated also in loving memory of Shiozawa Kaneto, who remains the eternal voice of Iason Mink. Taming Riki is an Ai no Kusabi-based doujinshi novel and is published by Yaoi Underground LLC. The original characters of Ai no Kusabi remain the copyright of Rieko Yoshihara.
That seems pretty indicative of what US law would define as “copyright infringement” right there.
Because some fan works are considered fair use. Jane wrote a column on it once. It’s a grey area, not black and white.
But I think because, as Tina says, she’s selling them in a retail setting, she’s losing a lot of the protections she might have had.
But I think because, as Tina says, she’s selling them in a retail setting, she’s losing a lot of the protections she might have had.
This appearance of ‘profiteering’ of fan work makes it difficult for those of us who create print/bind fan material, to keep doing what we do with the trust of North American licensor’s. I’m happy she at least made an effort to separate the Taming Riki material from the ‘original’ Yaoi-House works, but initially–her outrageous pricing and those ISBNs still put me off.
On the copyright issue that everyone keeps bringing up here:
I know it may seem odd to those ‘outside’ the anime/manga fandom to understand this but printed fan work is a large part of our fandom [an enormous fan movement in Japan, that’s pretty modest in the states.] North American licensor’s are typically aware of what we do; they know who’s selling what in convention art alleys, at y!Gallery, or on eBay. It’s because fan creators aren’t printing 1000 copy runs to sell on Amazon, or securing bookstore distribution via a POD printer, that keeps them from directly impacting a publisher’s investment in a Japanese property.
It’s a shame, because in a situation like this–DMP/June would’ve been well within their rights to cry foul over the Taming Riki series; the fact that they didn’t, shows that Erica and Rachel at DMP/June understand the market they’re selling to, much more than the average armchair fiction fan that looks upon all text-doujinshi as ‘a crime.’ :) I wouldn’t be shocked if Ms. Takenouchi did get permission to keep writing and selling her work, because the last time I looked she was selling her Taming Riki books bundled with the first volume of DMP/June AnK novels. This means, she was ordering from DMP wholesale, or one of their distributors.
Either way, it still doesn’t sit right with me—but that’s not the issue here.
The issue is, Ms. Takenouchi is using her mental illness as an excuse for why her publishing company has hit the skids, and not only is all this unfair to the fans who paid for pre-orders, it’s nerve-racking the creators involved. I know what it’s like to be a writer and try to create work when there ‘drama’. No one needs this hassle, certainly not a writer. I think Ms. Takenouchi should consider the harm she’s doing to herself, her writing peers, and her fans. If she back on her meds like she claims, then she should have the sense to recognize when she’s being destructive.
Hey everyone,
I’ve been following kirafics for years (back when the first chapters were being posted on aff for free and before anything was published or had to be paid for) and I read Kira’s journal and was part of the ML. Like the person before me said, watching it all unfold was kind of like watching a train wreck.
I was a fan. I liked TR (especially the last part when SPOILER riki saves iason SPOILER) but it was a little too hardcore for me, so I decided not to subscribe when payment became compulsory. I did want to read Alpha Rising, but I decided to just get it when it was published as a book; this way, I wouldn’t have to wait while the updates were coming out and I’d probably be saving money in the long run. Also, I like Kira’s writing style when it’s plot-heavy or emotinally-heavy, but the sex scenes and the I-hate-you-but-I’m-ridicously-attracted-and-aroused-by-you gambit (which a lot of authors resort to really) weren’t my style, so that kept me away too. Also, I was pretty tight on money, so I decided not to preorder either (I did feel slightly guilty about it when I read about Kira’s financial troubles; I felt that I should “help”). Now, in retrospect, I’m glad I didn’t do either. I think Alpha Rising and the other books have been in limbo for years.
From a fan’s viewpoint, though, at the time I didn’t think the preorders were that bad of an idea. I understood that she was in financial straits, and I thought it was appropriate that the people who preordered got a discount if they were willing to wait longer (although $30 is pretty exorbitant for a single book…however, I don’t know enough about self-publishing to really comment on that; it’s just a customer’s perspective). Also, about the fanfiction issue, I believe that Kira contacted DMP and Reiko’s management in Japan or something and received permission to sell TR. (I think this information was posted on her Yaoi Underground site, in the FAQ, but that site is probably long gone.)
However, I remember reading on Kira’s Morningstar journal that she was upset about the new Yaoi House authors not following her notes and story outlines, but then later I read Alice Montrose’s journal and Ms. Montrose said that Kira never even gave them notes. So I’m really not sure about the veracity of all of Kira’s claims now.
Anyway, when Yaoi House first started out, I thought that it was a good idea. The covers were all beautiful and Kira was a good, fast writer, so I thought that she did deserve compensation; although it was fanfiction, she had spun a whole new world around it. However, earlier in the year–maybe even last year–I was following the journal and the ML and I noticed that Kira was not releasing that many updates. She’d say that she was going to, and she did seem really distressed about what was probably her writer’s block, but then the next morning would come and there would be no new update.
I was never privy to these updates (except Geisha Doll, which was free) so I was probably not as let down as her subscribers, but I remember thinking that I would be exasperated if I were a subscriber–paying all that money and not getting the updates, when other subscription sites were pretty timely on that matter (such as SA Payne’s awesome website, as well as Juxtapose Fantasy).
However, unlike the owners of the aforementioned websites, Kira kept a very detailed journal. We all knew what was going on and how terrible she was feeling, so perhaps that diffused some of the frustration (which subsequently exploded on her after the Joan of Arc debacle). I followed her journal like it was a blog, and it was pretty eloquent, although perhaps a little sad and disturbing because of her financial situation and her health troubles. After she got her kidney stones out and was feeling very bummed, I even wrote a journal comment in full support of her ventures and said that not many would have the gumption to get up and actually establish a business like she had.
But then the I-found-Christianity incident happened and I’ve really lost a lot of respect for her. I think some writers have egos, especially good ones. However, I thought that Kira was okay until after she repudiated and subsequently retrieved Yaoi House (although that time she deleted a story after it didn’t get enough reviews in 24 hours was kind of irritating; something about how reviews for free stories are currency, and although I think that’s reasonable, I don’t think it’s a situation to play hardball with after the first chapter).
I just think it’s kind of weird and hypocritical. She accused people of not giving her the benefit of the doubt, not helping her, and not waiting for her to come out of her mania. However, many of the comments on her journal begged her not to leave and told her that she would regret it in the future–she had invested so much in the characters, it was just unbelievable that she would abandon them. However, Kira was adamant, and I’m not sure if she even remembers those comments now. She might have forgotten because of her episode. But they were there, and after she came back she basically insulted everyone on the ML except Esther.
And of course, she’s right that many people were pissed off at her and were reacting badly, but to come back contrite and then grow arrogant about it–although some of her claims, like Harial being furious with her, I know nothing about but which would definitely constitute a reason for anger–was kind of strange and infuriating. Getting super mad that Amanuensis and Delilah deSora (and all the other great writers) are rewriting your stories?? These people are amazing writers in their own right, and if someone has wholeheartedly insisted and refused to be cajoled or budged about writing stories that hundreds of fans are dying to see resolved, I don’t know anyone in the whole damn situation who wouldn’t be glad to relinquish the writing–the HARD, backbreaking part of any story or idea–to someone who everyone knows is very capable. Unless said original writer flipflops more than Bush accused of Kerry. Cripes.
And honestly, the people who were subscribing to her and getting pissed about the situation were customers. They were in a business relationship with her. They shouldn’t have to care that she was “mad” or “alone in the horror of her mind” or “sick”. They should just get what they paid for, and sympathy goes around and comes around, but I think the readers exhausted their sympathetic capacities in waiting for those increasingly sporadic updates.
Anyway, thanks for the article. I am debating whether or not I should recommend parting from YH to this contracted author (who is amazingly popular and writes awesome stories!!) on aff. The thing is, she seemed very happy once she realized things were resolved. If Yaoi House is on the right track again, maybe it’s better to just continue down that path, even if the ex-president is being a butthead and it might take a long time ’til it’s actually in print… I guess I’ll just recommend this article to her.
If the woman has bi-polar disorder, she’s capable of all this and a lot more without necessarily being culpable, if that makes sense. People who have BPD (I hate the phrase “she’s bi-polar”; it’s an illness, and we don’t say “she’s cancerous”) can make really f’ed up choices, say and do outrageous things, and even sound like they are completely in control when they are SO not.
That gives her a reason, not an excuse. When she IS seeing things clearly, it seems like she apologizes and acknowledges that she was messed up and making messed-up choices. But she’s obviously not seeing clearly much of the time, and that kind of instability can be hell on personal and professional relationships.
I have to say that I feel sorry for everyone in this sorry situation. I hope she’s getting help, and that with help she figures out how to do the right thing to those who have been [other] victims of her disorder.
A clarification:
1) Kira doesn’t write only fanfiction: apart from TR and Alpha Rising (that is connected to TR) all the other stories are original fiction
2)She said that she asked twice DMP (the company that publishes Ai no Kusabi in USA) if they had problems with her publishing and generally getting money from TR, and they said no. So if that’s true TR is a doujinshi and that’s it.
That said, the whole situation is A DISASTER.
She threw this bomb on us, came back saying “it was a maniac attack, sorry, now I’m back” and then started offending and banning people who so much as say something critical.
And all this shit about Harial and YH staff forcing contracts into her while she was ill, not helping her…most of us told her to get cured, that she wasn’t behaving sanely. Did she listen to us?
Of course not. She was in la-la-land and I’m not saying it’s her fault, a mental illness is a mental illness, but it happened all the same.
We are not her relatives, what could we do? What will we able to do next time?
Harial had to get everything sorted out as soon as possible or she would have lost even more customers.
And now, she pretends to force people to keep contracts she cancelled in a moment (ok she was maniac, not herself, but still she did it and can do it again)?
Show a little of the respect and consideration you’ve always received from us despite everything you could do for once, Kira!!
I hope the authors can use her own weapon (her being ill and so unable to take decision) to free themselves from these contracts that were signed by an ill person!
I know it sounds mean and it surely is, but there is so much shit you can swallow before start spit it back
Oh my god. I have such a headache from this. I’m one of the authors in limbo. I am so confused and disheartened with the whole affair. I was excited getting a contract and now I think…I don’t know what to think. All I know for sure is that I’m locked in for two years.
Kiix, perhaps you should talk to some of the other authors. It doesn’t sound like that 2 year thing is quite legal, if she voided all contracts.
YH is based in the US right? Maybe the group of authors who are in limbo should file a complaint with the state AG’s office armed with contracts, copies of the post declaring the contracts void etc. Most AG offices have contact info online. It costs nothing but a spot of time. Otherwise, you could pool resources and have one of the contracts declared void. I would think one ruling would act as a shield against her.
And does she actually have an attorney or the funds to pay for one. Lots of people make legal threats in hopes that the threat is enough to scare people into action.
I came across YH quite some time ago and the apparent success of it totally boggled my mind.
The taking pre-orders from customers for books not yet written and the whole story subscription thing in general gave me quite a few wtf moments in addition to thinking. What a racket, Anne and I should have thought of it instead of taking the usual route.
I figured the bottom would drop out sooner than later. I hope the writers involved get things sorted out.
I obviously don’t know if Kira knew that she could slip into this level of illness at any time, but regardless, this situation seems like an example writ large of how being an author does not necessarily suit one to being a publisher, for precisely this reason. Publishing is a business on a different level than authorship, yet we seem to see over and over these publishing crises emerge from author-run publishing companies.
Beyond that, perhaps it’s not such a good idea to have only one person who has the reins of the business and all the legal and managerial power, because all sorts of things can happen, things far more mundane but just as devastating as what happened in this situation. And when you do have customers, they absolutely shouldn’t be expected to care what personal problems someone in Kira’s position is having, and if someone else could have grabbed the reins immediately, maybe this whole mess would not have spun out like it has. Of course the authors have a business relationship with YH, too, but I’m presuming they knew that they were putting their work in the hands of one individual, however well-known her potential for the sudden onset of this illness.
[...] I cannot even summarize the weird-ass psychodrama surrounding Yaoi House right now; Dear Author has the latest baffling developments. (Link via Gia [...]
I’m trying to figure out how she’s making money off fanfiction and getting away with it.
or am I just misunderstanding what the heck she’s doing.
To recap previous posts: In Japanese fandoms, selling of amateur fanworks is a technically illegal but extremely widespread phenomenon that’s overlooked by publishers so long as the print numbers are kept low and it’s sold to other fans at conventions and such. Publishers realize such works only keep the fandom alive and interested.
Kira supposedly took it a step further and asked permission from both the author and the owner of print rights in the US (DMP) to sell on a larger scale, and was given it. So she was able to do what most fans are not.
ah. thanks Jān. once I read through the comments I could see this was a gray area that she was treading through.
I feel very bad for those stuck on the short end of this stick and hope they find a peaceful and advantageous resolution, quickly.
Thanks for writing about this.
The drama that went down at Yaoi house honestly turned me off of the company completely. I was a huge fan of Kira’s work until I saw how she handled this situation- in a brash and immature fashion. And I didn’t want to contact her to ask what was going on because I didn’t want her ranting about me or bashing me, as she did with some of her other “devoted fans.”
And she went outright and insulted her fanbase, saying that we should have helped her and not panicked, etc. Well, I have news for her: I don’t keep tabs on people’s lives, especially someone who I am buying a product/service from, and I expect problems to be handled maturely. Maybe Kira needs to realize that the world, believe it or not, does not revolve around her.
Kira is completely unprofessional and unstable, and I will never allow her or her company to handle my money again. I’m just relieved I got a refund.
Things might be moving in the right direction, finally
http://groups.yahoo.com/group/kirafics2/message/20
Of course, we don’t know if the authors concerned have had this in writing, which they desperately need, or if Kira will renege again, and Yaoi House still remains a ‘Proceed with extreme caution’ for authors and readers. Frankly, I don’t care if YH succeeds. I just want the authors who want release, to be released, and the customers to get the goods or their money back.
I honestly feel bad for her that she has bipolar disorder. In fact, that seems like a suitable reason/excuse for her behavior. It’s an illness and it got out of control.
That having been said, she shouldn’t be in charge of a business. She’s obviously incapable of handling it properly. People gave her the benefit of the doubt once, but if she’s left in charge and this happens again then all involved deserve the fallout. Just because there’s an understandable reason for the behavior doesn’t make the behavior acceptable and it doesn’t mean there shouldn’t be repercussions for it.
The post about the new president has been deleted, which is worrying. Has she realised that admitting in public (again) that all the authors have been released from their contracts might be a bad thing?
However we have this rather bizarre one now:
http://groups.yahoo.com/group/kirafics2/message/24
Gotta love how she crapped all over Harial/Heather, the former manager, and called her every name under the sun, but now ‘misses’ her design skills?
Anyone else think this post sounds a bit (and no pun intended) manic?
Taken from the new Yaoi House site:
and:
I am not sure if I should be horrified or amused. What I am is speechless, however.
That’s unbelievable. I have the feeling that someone is trying to control Kira and keep her from doing things that will harm the company, but that Kira won’t be controlled. Good luck to the new president. I think if she wants the company to survive, Kira needs to be completely removed from the mix of officers. She should be relegated to “wacky author in the corner” status, and it made clear that she has absolutely no control over the running of the business.
Well, past goings-on have shown that Kira cannot be controlled. certainly not by loyal minions who worship the ground she walks on and think that anything and everything she does is just wonderful. Not to mention what they are doing is just… childish? That kind of phrasing on a business site, and they expect the world to take them seriously?
Exactly. It’s complete unprofessional, and more suited to fanfiction.net, because it sounds like an over-exuberant 14 year old posting her SasuNaru slash epic.
Yaoi House authors have been emailed a formal letter of apology, as well as an release from the contracts. It sounded professional and business-like, so I consider myself satisfied with that. (Even if I don;t fully approve of some things mentioned in there.)
The letter also confirms that Yaoi House is under new management, and that Kira will be focusing solely on her writing from now on.
So unless something else comes up, I consider this issue dealt with. Once again, thank you very much for your support.
That’s great to hear! Now everyone will be able to move on to bigger and better things. It seems like everyone is publishing m/m these days, so it should be pretty easy for all the authors involved to find a publisher that helps instead of hinders.
I am addressing you as one who is close to Kira, so please bear with me. I believe what you all are saying is only causing her more grief. She has suffered enough with her condition, and the fallout that hurt both YH and the authors. It is unfortunate that this event has caused the writers difficulties, but Kira has suffered too. Since the writers are now free of their contracts, that should be enough for them to move forward. Since those who left YH have now set up shop elsewhere, that should be enough for them to move forward. And since Kira is left with only her material, and is trying to put her life back together again, I would hope this bashing of her will cease. This whole blog has done nothing but hurt her, and as one who is trying to put her life back together after such an manic break, the many comments on this site have not helped in the healing process for her, and for those who cared for the writer’s, fans, and us close friends of Kira. I know I am walking into a lions den here, so if you now turn your attacks on me, have at it…I’m not afflicted with a bipolar illness, but someone has to stand by her side and help her move forward with her life. I trust the majority of you to be professional in this regard, and can cease your comments, and move on. This is not helping anyone, especially Kira.
Thank you for your consideration in this matter,
Esther
With all due respect, if the comments on this blog retard her healing, then the sensible thing for her to do is not read this blog.
Esther, there has been a lot of sympathy for Kira. She’s not the only victim here, however. Your unwillingness to acknowledge that, indicates that Kira and you do not have a good grasp of how a business should operate, or what professional behaviour should constitute.
I hope for her sake, she has advisors less one-eyed and blindly loyal to tell her straight when she’s hurting herself and other people. She’s not been bashed, she’s been rightly castigated for not recognising she is and was completely unfit to manage any business whatsoever, and turning away and reviling those who were. Her behaviour needed to be exposed for what it was. Painful, yes, but necessary.
Your post makes me less sympathetic, not more. “Poor, Poor Kira and those nasty haters” doesn’t play well when we know the other side of the story.
Esther, I probably shouldn’t speak for the rest of the people here, but I’d bet it’s safe to say that as far as Kira’s personal life goes, we all want her to get better.
This discussion however was about her professional life, and her professional choices, and while she was hurt she hurt many others with her actions, and didn’t seem inclined to stop. I’m sure it was unpleasant for her having this brought to the attention of the public, but as Kira was doing it herself on her groups and blogs and silencing those who opposed her, the writers and readers involved had no other recourse but to take it to other forums to be heard, including this one.
Alice already stated above that the matter is closed as far as she is concerned, since the writers have received their contracts back and an apology, which was all they really wanted. Everyone on both sides can move on now. :)
From the now deleted announcement of the changes at YH
Um…she’s not exactly starting on the best foot, is she?
Maybe I’m naive, but I’d have thought the appropriate way to begin would be to apologise publicly to all affected, to reassure customers they would get satisfaction or their money back, and to keep the personal stuff and slams off-line. You know, as a professional would.
I wouldn’t give a lot for Yaoi House still operating in six months’ time. And I would still advise anyone, customer or author, to keep the hell away from it or anyone connected with it.
Mid-2006, I signed up for an Elite membership for one of Kira’s sites. As part of my subscription, I was ensured that I would have lifetime access to her stories. Last night, I attempted to log-in to read the stories and was denied access. I sent a username/password request and this email exchange followed:
Kira:
Are you sure you had an active subscription? I can’t find an account for you.
Me:
Yes. I signed up awhile ago as an Elite and part of my subscription was receiving regular updates and lifetime access to the stories.
*
I then forwarded her the “welcome” email that I was sent almost 2 years ago and a portion from an email which stated that I would have PERMANENT [she capslocked this herself] to her restricted stories. She responded with:
Kira:
that access was for either Yaoi Underground or Yaoi House restricted sites….this is a new site and domain entirely; I can only afford to give lifetime memberships to Elites with active paying memberships that were interrupted
*
Her reply made me angry given her recent business practices. I thought it was a cop out to fulfilling her contractual obligations to a customer and told her so.
Me:
When did you change the terms of your membership? If that was after my subscription, then changes shouldn’t apply to me. And the last email I sent to you referenced multiple sites, which presumably included the site that previously stored updates to all your stories. Regardless, what I was was guaranteed when I subscribed as an Elite member was PERMANENT access to the stories. If I wasn’t interested in a subscription and only wanted to purchase your books, I would have exercised that option. The fact that you have a “new” domain or a “new” website shouldn’t affect my subscription, and if that was the case you should have sent notice. If you reread the first email you sent me regarding membership, it references Elite membership in general terms and access to the restricted section of another site as an added advantage, and not that I was purchasing access rights to a specific site.
I am well aware of your recent problems regarding your site and otherwise. I am extremely disappointed at your business practices. You seem to have a lack of understanding regarding honoring your contractual obligations. Frankly, what you can afford financially shouldn’t be and isn’t my concern.
Kira responded with:
Excuse me, but you didn’t buy permanent membership. Where in your welcome info does it say that? You paid for one year. If later I CHOSE to grant some Elites and Blondies more access at my other sites, that’s my charity, not your RIGHT. And now that http://www.yaoihouse.net and http://www.yaoiunderground.com are no longer up, you no longer have access to those sites.
*
So, I decided to hunt around for an email she sent me regarding my lifetime membership in a “special group” and sent her this reply:
I did NOT pay for a one year membership. I remember when you changed your membership rights for FUTURE subscribers after I subscribed wherein you stated that access to fiction would be limited to one year membership. Here is a portion of the email you sent me regarding MY membership as being part of a “special group”:
Hello Elites and Blondies!
I just wanted to update you on a few things. If you visit the site you may notice changes to the Elite and Blondie memberships in terms of benefits. These changes do not affect you. You are all my first Elites and Blondies and so you are a special group. You all have lifetime access to my restricted fiction.
(excerpted email)
And in a later email you referenced the CURRENT site:
Some of you have emailed me about the Elites Only link at the new kirafics site http://www.kirafics.net, or the Elites Only link at http://www.yaoiunderground.com. Those are both the same areas (excerpted email)
All I am asking for is that you honor your contractual obligations.
Her reply to me was:
That was an arrangement with Yaoi Underground, which is currently undergoing dissolution. This is a new site located at http://www.kiratakenouchi.com that is not affiliated with the old site.
I sent her this final email in response:
This is my last email to you because I see that I’m not going to get anywhere. You made public representations to people who were Blondies and Elites to your FORMER sites that they would have access to your CURRENT site. Note, for instance:
I’ve started up a site again… It’s here: http://www.kiratakenouchi.com/. For those of you that were Elites or Blondies, you have free access
(excerpt from yahoo message board)
Which implies that memberships for Elites and Blondies and the lifetime access to the stories (inclusive of the memberships) survived the move from past sites to the current one.
**
My question is: since this new site was just formed and, yet, she’s made representations that former Elites and Blondies would have lifetime access to her stories, which Elites and Blondies are she referring to if not for those who subscribed to her previous sites?
For someone who is trying to reestablish credibility, Kira is certainly doing a shoddy job. Those readers who were Elites and Blondies, take this as a lesson: if you opt for the lifetime membership access, be prepared to lose it in the instant Kira decides to move her stories from one site to another and claim that the new site is an entirely new “business.”
D.C., how frustrating for you. I have no idea how the system was set up, but I’m assuming the company has some say in how these stories are sold? Perhaps the new management could help you straighten things out with Kira. Esther is, I think, the new PR/communications person, so maybe she can mediate, even if it isn’t the company’s responsibility, just to get everything squared away.
D.C., that’s just outrageous. That’s nothing to do with her disorder, that’s just plain shoddy and dishonest practice. Where do you live? I suspect some kind of regulatory authority should be looking at this sooner rather than later.
Esther: So you would have me keep my mouth shut about the issue, instead? I thought we were “allowed” to rant and vent, now? (Not that I would have, you know, needed permission. It’s a free internet.)
It wouldn’t have come to this if Kira would have pondered the situation, like the mature person that she is, before posting all sorts of contradictory messages. At least someone had the decency of removing the childish messages from the website, so that’s something. I have my doubts about the “very long queue of manuscript submissions”, but that’s just me.
D.C.: Now why am I not surprised? *sigh*
You should email the new company President about this, since it is now her responsibility not Kira’s. Though I doubt it will accomplish much.
[...] to work with them if they choose to stay but allowing them to take projects elsewhere if the recent shenanigans have left them unwilling to continue relationships with the publisher. (First link via Gia [...]
Jan, Ann, and Alice: Thanks all for your supportive words. I got a follow-up email from Kira to the last one I sent and was granted access to the site. I hope others who’ve paid for access and otherwise (like the books on pre-order) don’t encounter the same difficulties.
I like how she says that there is no affiliation between yaoiunderground.com and kiratakenouchi.com… and yet when I click on kiratakenouchi.com… what comes up? Yaoi Underground! WOW neat trick!
It is with great hesitation that I post here, and only because many of the outrageous claims stated here are so inaccurate that I simply must say something.
It is certainly true that I experienced a mental state known clinically as bipolar mania with delusions/psychosis and that during this mania I posted bizarre messages in my journal and to my fan group. Those messages did include claims that I was giving up everything and voiding all contracts with the Yaoi House authors. This, of course, caused an uproar. There can be no question that the fallout from those messages was nothing less than disastrous, at least initially, when many believed I was actually walking away from everything I’d spent the past few years building.
However, it should really not be surprising to you that once I was in my right mind again, I would want to claim what was legally mine–namely, my stories and my company. The courts are very clear that “announcements” or even signed documents made during a psychotic mania are not legally-binding. I had spent years building my companies and creating my fiction and had far too much invested to simply walk away. More than this, I knew I had obligations to my readers and those who had preordered my books to finish those books, and to get my fiction website back up and running.
However, because others had already started dividing up my stories (without a notarized signature, by the way) and re-organizing the company, I had to be very aggressive. This aggression probably clouded my thinking a bit, especially with regard to stating that the Yaoi House author contracts were still in effect. But, in fact, the contracts themselves clearly state that they can ONLY be canceled if both the author and publisher sign a document to that effect:
“26. This Agreement shall not be modified, amended, extended, renewed or canceled except by written instrument signed by both of the parties which makes specific reference to this Agreement.”
All the authors had this contract in their possession and knew about this stipulation. It was not so much that the authors denied that they were still legally bound to Yaoi House (although some tried to make this assertion), however, but that, because of what had happened, they simply wanted to be freed of that contract. And that is understandable. Almost immediately we resolved to release the authors from the contracts, deciding that it was the best move for the authors and for the company as well. For the near future we are going to concentrate solely on the publication of my books, since customers are so anxious for them.
It’s interesting; you all seem to think I don’t realize that my skills are best served in arenas other than management. In fact, I DO know this. How could I possibly not realize this after the chaos my illness caused? I’m mentally ill, not mentally challenged. I began trying to find new management for the company IMMEDIATELY. I asked Harial to be president but she refused (not surprisingly). I asked several others, who also refused. Finally, I turned to Anatra, one of my oldest and most loyal members and a very strong, intelligent, determined woman, and she–thankfully!–agreed to step in as president of Yaoi House.
With regard to preorders, you seem to be under some false belief that we have a problem or a “crisis,” or that we are cheating our customers. This might have appeared to be the case On March 16 when I made my first notorious announcement. But in fact, nearly all the preorders have been refunded. Some people have chosen not to accept refunds and instead to receive free access to my site until the books are shipped.
You might take a look at some of the answers my readers have gotten from me:
http://www.kiratakenouchi.com/unrestricted/answers.php
You also seem to be rather ignorant of what sort of fiction I write. The majority of my fiction is original:
http://www.kiratakenouchi.com/unrestricted/fiction.php
The Taming Riki series is based very loosely on Ai no Kusabi, and Yaoi House has cleared its publication with DMP/June. They surely realize that Taming Riki actually drives customers to Ai no Kusabi, so it is not surprising that that would agree to allow us to sell the books. Yes, we had an arrangement with them so that we could buy the Ai no Kusabi books wholesale and bundle them with Taming Riki. We did nothing illegal. We were very careful to get permission.
So, YOU should also be careful about what you state as fact. Make sure you know what you’re talking about first. This journal could easily be part of a libel law suit. While some of the comments are indisputable, others are absolutely false and vindictive and since they do hurt the reputation of Yaoi House, you are putting yourself at legal risk by not moderating these replies.
This will be my only post in this journal.
Babycheeks, the one who should be worrying about legal action is you. If you could afford a lawyer in the first place, they’d tell you to shut the hell up, stop stirring the pot, and let people who aren’t in thrall to the idea of religious rapture, handle your affairs. Your understanding of your legal commitments and the way you play fast and loose with author and consumer rights, would mean a judge would eat you alive if this ever got that far.
Funny, I’ve been following this off and on for a couple of months and I could have sworn Harial was president for a month until you came back, accused everyone of every sin under the sun, called her a thief, defector and a few other lovely names. As I recall, she only resigned because you were making it absolutely impossible for her to continue trying to save your ungrateful arse and clean up the mess that you made. Yes, you were sick. You weren’t sick when you did all the above, or so you claim.
::sits back and waits for the sockpuppets::
The sad thing is, if this is how you perceive reality while your illness is supposedly under control, all I can say is that you must be a very strange person. But I also think maybe you don’t have your illness under as much control as you think. I won’t advise you to seek more help because you don’t listen to a damn thing anyone says that isn’t sucking up to you.
My advice remains to everyone - keep the hell away from Kira Takenouchi’s business, don’t give her money, don’t sign her contracts, and don’t trust her as far as you can throw her. No one writes well enough to put up with this shit for.
To be perfectly blunt, and more than a little unprofessional, you’re full of shit. From start to finish you’ve been nothing but a flake. Unreliable, unstable, unreasonable - and you’ve cause a lot of trouble to a lot of people who never did anything but try to stand by you. Never mind the crap with which readers and writers have had to contend. I also think you’re just using the bipolar thing as an excuse. Talking to people diagnosed with it, people who study it and know it well - you do not sound like you suffer from it. Maybe I’m wrong, probably I’m wrong, but after following your behavior from the I Found Jesus to present day, I think you need to just shut up and go away and stop causing problems.
Libel, in the first instance, from medialaw.org:
“Libel and slander are legal claims for false statements of fact about a person that are printed, broadcast, spoken or otherwise communicated to others.”
Opinions are not statements of fact and, therefore, a defense to a libel claim. Many of the statements made here can easily be construed as opinions rather than statements of fact.
And as litigation can be very time-consuming and, therefore, very costly, threat of a lawsuit doesn’t have much teeth unless you have dispensable wealth to back it up. Which is unlikely. And, p.s., both of the previous statements were opinions.
Kira’s version of things seems to be skewed. I am actually one of Heather’s/Harial’s friends from the University and as such have spoken with her on nermerous occasions. I saw the email that was sent to her by Kira when she asked Heather to come back as President. And if I remember correctly, what she WANTED was for Harial bring all the authors she had gathered for her new company, SL, and put them back to work for YH and for Heather to abandon her new enterprise. Heather declined because she was not willing to abandon her new company and she felt it was a conflict of interest to run two companies that do the same thing. Kira then sent her an email calling her a ’slimy traitor’.
Heather has since forgiven her for this, but everyone who knows her knows she is WAY to nice. So while she may have forgiven Kira, I won’t be.
P.S. Heather if you do end up reading this, I do apologize for posting things that probably shared in confidence but holding these damaging emails to yourself does not help anyone but Kira.
“The courts are very clear that “announcements” or even signed documents made during a psychotic mania are not legally-binding. ”
red flag alert. someone mentally ill who is well versed in her legal rights while under the influence of her illness REEKS of premeditation and someone who ran the gambit to force an issue and when it backfired in her face, pulled out the legal mumbo-jumbo.
it does cast a shadow on her supposed sickness.
We’ve seen the “mean girls” charge and the legal threats.
I’m waiting for the “wicca curse.”
…this is so messed up… in an very amusing fashion…
What i want to know is why Kira just doesn’t publicly apologize instead of trying to justify herself. Jeez, lady, are you trying to be the first person to be banned from the internet or something?! You’re starting to be regarded as public enemy no.1 by readers/writers!
You made some(many) mistakes, now cough out an apology and start cleaning up the mess you made. The more you try to justify yourself, the more you come off as a whiny psychotic bitch. Please just start acting professional because although this is amusing to us, people who have no ties to this and quite frankly, does not affect us in any way, You are quite honestly cheating the people you have obligations to like certain subscribers and writers!
So please stop wasting your time trying to justify yourself and use that time to solve the current predicament you are in!
…and quite honestly, you are in deep shit
by the way DC, I’m happy your problem got fixed. :D
Ditto.
Kira, to put it bluntly, screwed a lot of people over with this little episode, and then attacked those who weren’t kissing her ass all the time.
What’s worse, she’s posting these “legal” decisions on Yahoo Forums. Does that strike anyone else as being, gee, a tad unprofessional?
And I have a message for Kira and her little minion Esther: We can say whatever the hell we want about your shoddy business practices. When you shape up your company’s way of doing things, then maybe you can go on the internet and find some praise for you. Honestly, do you expect our sympathies and for us to worship you when you’re acting like this?
Kira, I know you’re reading these comments, and even though I doubt you’ll listen to me, I’ll try to give you some advice. This is based upon me seeing a number of publishers and authors get caught with their pants down, so to speak. The ones who deny it and keep dragging it on with petty arguments are the ones who pay most dearly by driving away fans and customers. Those who admit they’re wrong, fix the problem, and drop it come out of it looking the most professional, and even win new fans and customers. Which would you rather be?
One more piece of advice. Read Jane’s columns here about libel and defamation. She knows of what she speaks.
I’m pretty sure you won’t listen to this, but since you yelled at people before for not stopping you from acting irrationally, I thought it might be worth a shot to try to stop you from doing it now.
“This Agreement shall not be modified, amended, extended, renewed or canceled except by written instrument signed by both of the parties which makes specific reference to this Agreement.”
Irrespective of anything regarding Yaoi House (an issue of which I am not particularly educated on), I thought I would point out to all authors that while the above contractual provision would appear to protect authors, it does in fact, not really do so as it is missing an essential element.
The above provides that the written consent is required of both parties to modify or cancel. So, what is to say that the publisher (or the author, for that matter) can’t REFUSE to sign such an instrument?
The phrase that is missing here is something akin to “such consent not to be unreasonably withheld by either party.” If contractual language similar to that quoted at the beginning of this post appears in any contract, you should ask for it to be modified so as to include some provision that prevents either party from refusing to amend and/or terminate.
Not a lawyer, just used to reading a lot of contracts.
http://groups.yahoo.com/group/kirafics2/message/46
“You can’t bad-mouth someone forever and hope to get away with it without some recourse.” - You said it, Kira darling. Although you dishing out advice about seeking professional help is something you ought to be practicing in front of a mirror.
Funny how this girl is following the script for bad publishers to the letter, don’t you think? And I thought Esther was bad at public communication.
In fact, Esther the PR person and Elizabeth the President have been conspicuous by their silence recently. Could it possibly be that Kira has fallen out with them too? Say it ain’t so.
She also says in this charming public missive that “I’ve been very ill with a bipolar mania that included elements of delusion and psychosis, but I’m well now.” So it’s on record - she’s not sick now, she’s just normally a nasty, vindictive bitch with no ethics. In my opinion, of course.
Wow, dodged a bullet here. I was just about to subscribe to her website, lured in by the interesting looking stories and pretty art. Sweet god I’m glad I did a little nosing around, and that she posted something on her website that clued me in to a problem.
The last thing I want is to hand over my money for no product like some of these poor people. I’m not a charity and I have no desire to contribute to the Kira’s Psychosis Fund. Looking at all of this, and her melodramatic post here…wow. Bad form, bad form indeed. I’ll stick with reliable authors who arn’t likely to go Fundie on me at the drop of a pin…or, you know.Lock meout of the site because they don’t like my attitudeor something.
This is so sad. Kira is a wonderful writer and has held hundreds of fan’s affection for years.
Not that she didn’t had some nasty reactions in the past, but everyone is allowed to be angry from time to time, ne?
But in my opinion lately she’s been showing more and more that she thinks she is above everyone else and everything she herself does.
I repeat: it so sad…she had many friends and she drove them away by exasperation, and offending them again and again. And I cannot see how the ones who remained are real friends to her since they seem to continuely overlook what she does and keep protecting her despite everything. Saying “poor Kira” won’t help her, actually some of them sound like opportunistic lackeys to me: “Poor Kira! Such nasty people, don’t mind them, you’re perfect!!!! Now be a good girl and go back writing!”
Brrrr.
But maybe I’m wrong.
My aunt once was ill. She wasn’t bi-polar but she suffered of depression. I remember what they told us: never just go along with her. Be mindfull of her illness and don’t be uselessly critical, but if she’s doing something wrong, tell her, she’s not stupid.
And Harial…God! I’ve always suspected Kira conversion wasn’t real, and I contacted Harial with concerns about a possible return of Kira and new problems. And Harial never once said anything nasty toward Kira, always defending her…even when Kira offended her publicly.
Weeell…I hope everything will go on smoothly for both Kira and Harial.
That Kira will overcome this moment and have success with her company again, and that she will learn that if you do wrong you apologize and you pay. You don’t go throwing blame onto others. And you don’t use your illness as an excuse for everything. Has someone else said already most of us forgave her for her maniac attack..it’s what came after, while “sane”, that it’s difficult to forgive.
For my part I hope this will be my last message on this. I’m rather fed up with everything. And I just wanna move on and only mind about the good fiction.
bye to all
[...] Confused about what’s up with Yaoi House? Dear Author has a recap, plus the latest [...]
Wow! I feel so utterly duped! I was one of Kira’s many fans who read her stories, gave my reviews/comments to, and awaited for new chapter updates. And like that many, I was utterly shocked and appalled by her so-called “Radical Life Change” TWO DAYS after posting about looking for proofreaders! I felt utter disappointment in her and initially thought that this whole thing was a joke or that someone else got into her account and posted BS. But nope, I was wrong. Though in a way, it does seem like a joke now, doesn’t it?
Now, I see this neat blog and like I said earlier, I feel duped. I still haven’t forgiven her for shooting down my hopes like she did, but a tiny bit of me hoped she was happy after all the hardships she went through, but after seeing this blog, she has none of my forgiveness. Like what everyone here said, if she just apologized to everyone (writers, readers and all), be responsible for her actions and clean up the mess that she made, then ok, no grudge against her. But noooo, she just HAS to add more fuel to the fire by trying to justify herself and driving more people away, except her minions, I mean friends.
Sorry for posting nothing but bitterness, but those words are how I feel. I hope no one here minds them.
LBC
Just by googling her pen name after researching the fiction and reading this blog, I have come upon the distinct impression that this Kira individual is a narcissist. She seems to seek approval with the drive of a moth to the flame, and though the sampling of the writing I have read is indeed excellent, she (personally) in her dealings in the internet public has proved herself as one that might best be suited to be an anonymous and hermit-like author.
http://kiramorningstar.com/journal/?p=3
http://kiramorningstar.christianblogsites.com/blog/
Leaving sites up like this after she claims to have recovered from this particular episode is rather a a bad idea, but I am not terribly surprised considering what I have learned of her repeated irresponsible reactions to any bad PR, and lack of ability to sufficiently cover her tracks afterwards.
As to the suggestions that she is a scam artist, I sincerely doubt that. Scam artist are a great deal smarter about their setup, and usually take down everything associated to their scam after they get your money.
I do however believe what she is doing in terms of her fan-fiction is immoral, and I was saddened to learn that buying subscriptions is so unreliable because I would be interested in reading the original fiction if that were not the case.
I do not think that Kira is capable of handling responsibilities in a mature and reliable manner, and it should be easy for anyone to determine based on unprofessional content on her own pay site. Presentation says a lot, and visual presentation is only so much of it (The sites are indeed very pretty). Someone selling things should keep in mind that they are catering to a literate audience.
Copied from my LiveJournal:
You people really need to get a life! Why on earth are you obsessing on something like this? I heard Kira is back now with a new site and very successful already, that must make you all very jealous…I know some of you are writers because I’ve read you and no offense, none of you (that I’ve read) come anywhere close to Kira Takenouchi. My guess is that’s why there’s so much hatred here. Try therapy.
Ah, winter starts in Australia and here comes the first sockpuppet to keep my hands warm.
Really, Kira and friends, do you think you ought to be telling *other* people to get therapy? Really?
Um, Mathia, why would we be jealous of someone who couldn’t handle her own business seriously? She’s obviously not right in the head.
WE need therapy? None of us had any hallucinations of an invisible man telling us what or what not to write.
P.S.
Is Kira once again known as Takenouchi? Didn’t she change her last name to Morningstar after her so-called “radical life change”?
While I do like some of the other authors that have posted their opinions here, I don’t see that you have the right to bash someone, unless you yourself have been in a similar situation. Kira has had issues all along. Most of us who subscribed to her site knew this before signing on. For Goddess sake, put on your big kid pants and move the hell on. If you don’t like how she’s doing things, just don’t go to her site. It’s as simple as that. Just like if you don’t like a t.v. show or a song on the radio, change the channel or just turn it off. NO ONE but YOU if forcing you to continue to read her fictions or even go to her site. Please just get over it and move on. If the problems that arose from Kira’s temporary lapse of reality doesn’t affect you personally, you really don’t have the right to say any thing at all.
Nancy, perhaps you haven’t been watching this thread. Here is what has happened time and again. The discussion dies. Someone like you comes along to berate all of the commenters. The discussion starts back up. The only time this pattern is broken is when one of the authors that Kira has screwed over posts her latest run-ins with her, because she has no other public forum to speak in.
So basically the people keeping this alive are Kira, because she keeps doing outrageous things to these authors, and people like you, who keep coming here and telling us to be quiet.
In other words, you failed yourself.
You all remind me of a group of old spinsters, who sit on the porch watching the world go by and gossiping about every one and everything they see. You must have no life to speak of if this is what you do all day. I’ve read all of your comments regarding this Kira issue, and I find your conversations malicious at best. I wouldn’t doubt or blame anyone if they decided to move away from YOU. And I wouldn’t be surprised if you started to lose YOUR audience for the type of remarks like those I just read. I certainly would not want you to comment on anything I wrote, for this shows me the type of people you really are. If I wanted to read a gossip journal, I’d go to any news stand and buy the Enquire, or any other gossip rag out there, as that is more fitting place to find gossip, than a site which claims to be insightful of the topics of interest or the “Honest Commentary” you claim to provide. I believe I will remove YOU from my bookmark, as I won’t be wasting one more minute of MY time with your group. I’m disappointed.
Hello!
I have only one request: please read this comment until the end. I would like to explain my point of view and some of the misunderstandings that have found their way here.
I’m honestly one of Kira’s fans and have been for quite some time. I’m seriously sad to read all the things some of you have written on this page. Yeah, I agree there was a period when things went out of control this spring, with both the actual site and the YaoiHouse. Yes, the shareholders took over the situation and tried to minimalize the losses. Some of the readers had gotten really anxious and left, taking the refund offers, others stayed and tried to wait it out. Eventually some of the stories were supposed to be continued by other authors, since Kira was unable to and the subscribers that stayed with the site wanted their subscriptions to be fulfilled, and the books finished and delivered. Some time later, Kira got help and regained her composure, was on her meds and was thinking clearly again, so she wanted her work back. I am not familiar with the specific laws and also never saw an actual contract or official paper signed (I’m not a member of the shareholder’s group), so I’m not sure what went on ‘behind the curtains’ of the Yahoo!Group. Kira was very upset about what happened, and wanted her stories back and the sites as well. I can somewhat understand what happened to her, I’m a med student so I’ve encountered bipolar people in real life - and worse. To act weird and have hallucinations and then wake up and find everything you dreamed of in that nightmare, actually be true, is not pleasant at all! She did want her life back, and repeatedly said she was sorry, but after some time she felt personally attacked and panicked. The members and subscribers felt unsure how to handle the new change, felt betrayed, again, and had to deal with it. One of the comments here gave a quote of the post where Kira said she would ban the people who joined the group where the members could openly talk about their issues with the changes, where they could get some steam off. I would like to mention that Kira did retract that in a message afterwards and no one was banned. You have to understand that she was still upset about finding out her world had fallen apart. Also, you mentioned that there were the contract-binding-problems. A final message about that topic stated that all the writers were freed of their contracts and were free to do as they wished. Also, Harial left with some of the shareholders (I’m not sure who, as I said, I’m not a member of the shareholder’s group), starting their own company, and I think some of the authors went along with them. Kira felt betrayed, but she did eventually wish them luck with it. It came to my attention that there were a few people on the internet that wrote bad things about her and her sites, and that Kira herself felt attacked by it. She also posted a message on the Y!Group with this “DearAuthor” thing, and that’s how I’ve found it. I’m sorry that I didn’t read all the posts here, it’s a really long page :) and I’m rather time-restricted (I’ve got an exam this weekend and have to study :P) but I’ve noticed that some of the statements here are based on only one idea at a time, so I wanted to put it all into perspective. I hope you understand a little of how things went around here, and I also want to mention that some of the authors did come back, I’m not giving names, but I’m forwarding Kira’s offer to discuss any intention of any author to continue with YaoiHouse. I don’t want you to think that I’m writing an ad here, but the post is on the Y!Group and I think you have access to it, whoever wrote this page - sorry, I don’t know who you are - because you did quote some of the posts there, and besides, you’ll see the offer anyway :P. I guess it sounds like a peace offer. But then again, the offer stood long before Kira posted that message, because she gave a free choice to the YH authors. And Kira promised that her illness should not return, now that she’s under proper medical care and has Anatra and Esther and a lot of help to keep the company going. I know that her promise may not be enough for some of you, but she does her best, and that’s enough for me.
And yes, I have preorders and actual books already in my hands (both TR Part 1 and Part 2), and I’ve been around for quite some time, so I’ve been through the insecurity as well and decided to stick with it. Also, I would like to mention, since it seems I haven’t included it into the huge block of text above (-.- I DID write a lot, didn’t I) that not all the stories at Kira’s site are about Rieko Yoshihara’s “Ai no Kusabi”, like Taming Riki, and there is a different story to it, and it doesn’t end with the two main characters dying. Also there is this small text at the bottom of the page that goes like: “All stories at this site are by Kira Takenouchi. The beautiful and timeless story Ai no Kusabi was written by the magnificent Rieko Yoshihara, to whom all Taming Riki books are most humbly dedicated. The Taming Riki series are dedicated also in loving memory of Shiozawa Kaneto, who remains the eternal voice of Iason Mink…”
And I don’t think Kira makes her subscriptions out of ‘doujinshies’, because we love reading Headmaster’s Chambers, Moon over Atlantis, Harem Boy, Barbarian’s Slave, The Punishment of Shiiki, Once a Chieftain, I, Incubus, The Boy from Braxton Creek and Tristan’s Reform. As you may see, there are a lot of original stories here that are really extraordinary and would be more than enough to keep any subscriber hooked.
So, these are my thoughts on the matter. If you don’t agree with or don’t understand some of what I said, please ask for an explanation. I’ll be happy to help sort things out. ^_^