Ellora’s Cave Sues Dear Author
MiscAbout-Us / Elloras-Cave239 Comments
Ellora’s Cave has filed suit in Summit County Ohio against Dear Author and me personally for the blog post here recounting the problems that others have discussed publicly about the company. EC is seeking injunctive relief (which I presume means I stop blogging about them), monetary damages in excess of $25,000 for harming their business, and identity of commenters.
I’m going to fight this and am in contact with attorneys in Ohio already. Ohio does not, unfortunately, have an anti-SLAPP statute. Only about half the states do. These statutes allow quick disposal of frivolous defamation cases and award attorney’s fees.
Most states, Ohio included, operate under the American Rule, which means attorney’s fees are not awarded to a defendant even if they prevail. Many emails have been sent asking about a legal fund. I woke up to a tremendous outpouring of support. Those authors who are gleeful that I was sued, I can only say best wishes to you.
For the most part, though, everyone has been amazing. While I don’t want to spend my savings on legal bills, I believe strongly in the pursuit of truth. Unfortunately because I’m involved in the suit, it wouldn’t be appropriate for me to analyze it or provide commentary but I’ll provide status updates as best I can.
Again, from the bottom of my heart, I really thank everyone for the support. It means so much.
Jane and Dear Author, I’m so sorry to hear about this. I would be more than willing to contribute to a legal fund, if you do decide to set one up.
@Kinsey:
They can probably only afford one frivolous lawsuit and picked DA in the hopes of intimidating the smaller bloggers and authors speaking out. I caved and took down what I had posted, which is cowardly, since I only shared my experiences, but they have a historical of crazy that makes me regret saying anything to start with. Best of luck with this nonsense, Jane. You always hate my books, and I don’t usually read your blog, but I support your endeavors with EC. :)
I am a lurker here, but this I think needs to be voiced, even if it’s just to add a drop to the sea, because sometimes silence feels like endorsement of the other side.
So, adding my two cents:
1. thank you for this place; I’ve been following you for years, in part because I don’t always agree, which means you challenge my way of thoughts and I love this place for that. You also helped me discover new authors, wonderful books, good book deals, and I feel that even if I only lurk I’m part of something more and I love this place for that;
2. thank you for your post on EC, I had been following the story but you gave a perfectly clear view;
3. thanks to your commentators who added their own perspective and/or feelings;
4. thank you for fighting back because I feel strongly that you do it in all our names: the readers, the blogs readers, the writers, the blog writers, and all those who find a way to be a voice, not just a thought, through the internet. You’re making it harder to shut that up. And blimey, you’re just right.
I’ll finally add that my two cents (or more) would also go into a fund,
Phile
I’m in for whatever you need us to do, Jane. This is bullshit of the highest order. I can’t believe someone who has apparently been successful in business can be such an idiot as to take a swipe at one of the genre’s most popular blogs – a blog that has supported many of EC’s titles and authors over the years. Tear them a new one.
Jane- Good luck. You have much support behind you. I hope there is a swift conclusion to this bs.
She doesn’t have a hope in hell, really. Defamation of character and libel cases are extremely difficult to win because she has to prove “malice aforethought.” Anyone who has ever taken a Journalism 101 class can tell you that. But it’s still a nuisance. I too will happily contribute if there’s a fund. Stand firm, my dear.
Jane, I’m so sorry that you’re having to waste time, energy and resources on a frivolous lawsuit clearly intended to intimidate. DA has been a source of real joy and relief for me over the last fifteen months, and I am disgusted that EC is trying it on with y’all for not covering their butts. I stopped buying from them when the rumors started, and I can’t imagine ever going back now. If there’s a legal defense fund, I will happily contribute. Best wishes for a speedy resolution.
Other bloggers are reporting sympathetically on this issue:
http://barryeisler.blogspot.ca/2014/09/could-elloras-cave-be-more-pathetic-and.html
http://thebookpushers.com/2014/09/28/our-reply-to-elloras-caves-recent-actions/
More blogging support:
http://www.kaetrinsmusings.com/2014/09/echoing-the-streisand-effect.html
http://the-digital-reader.com/2014/09/26/elloras-cave-sues-dear-author-book-blog-defamation/
http://www.badmenagerie.com/were-small-bloggers-but-were-feeling-the-fallout-elloras-cave-and-the-suit-against-dear-author/
http://jennytrout.com/?p=8077
http://herhandsmyhands.wordpress.com/2014/09/27/elloras-cave-dear-author-the-streisand-effect-and-freedom-of-speech/
http://wendythesuperlibrarian.blogspot.com/2014/09/little-miss-crabby-pants-is-almost.html
http://deirdre.net/elloras-cave-author-exodus-support-thread/
http://kbgbabbles.com/2014/09/the-wtfckery-report-elloras-cave-suing-dear-author-blog-for-defamation-why-book-bloggers-should-be-worried.html
Sorry for the late comment, Jane – but anything you need, anything at all, we got your back…
Very sorry to hear about this. I read your blog frequently to get publishing/industry info and updates, and the idea that you could be sued over one of those boggles the mind. Echoing my support and also echoing the many comments about setting up a way for people to donate to your defense fund.
I’m so sorry to hear about the suit. This does mean that EC is off my buy list forever, not that it help you in this situation, just saying that filing malicious and inflammatory suits isn’t cool.
Super disgusting! I’m sure you can beat it, sorry you have to go through this.
Hah. Talk about Streisand Effect. This just made the LA Times. http://www.latimes.com/books/jacketcopy/la-et-jc-erotica-publisher-elloras-cave-sues-dear-author-book-blog-20140929-story.html. Although Jane is apparently “Jane Little.”
Signalposting this on my Goodreads account. If you open donations, I’ll chip in, too.
@Julia: I always seem to write her name Jane Little even though I know the blog is run by Jane Litte. Also, holy crap – I didn’t know the LAT had taken note.
I just read that Jane’s retained Marc Randazza.
EC is f****d.
Good luck and I am ready to help defray your legal expenses.
Delurking to offer my support and encouragement and will contribute as well.
Please let us know about a defense fund, I’d like to contribute. And for those that would like to contribute but can’t, please consider using the Amazon link below (see “HELP DA OUT”) when buying *anything* on amazon.com. I personally won’t be buying any books from EC from now on. Thank you for shining a light on the issue.
Did anyone else see that Jezebel picked up the story? Kelly Faircloth (who writes great articles about romance) just posted. So good on them.
http://jezebel.com/erotic-romance-publisher-spins-torrid-tale-of-defamatio-1640802815
I think the point we all may be missing, I don’t know I am not a lawyer, is that Jane may not be able to set up her own defense fund. I will PM another author that is also a lawyer and ask how to set up a defense fund.
I will post any info I find out here.
Go get them Jane!!!
The LA Times has also picked it up.
http://www.latimes.com/books/jacketcopy/la-et-jc-erotica-publisher-elloras-cave-sues-dear-author-book-blog-20140929-story.html
Guardian
http://guardianlv.com/2014/09/publisher-elloras-cave-suing-dear-author-blog/
@megang – Very cool – I love Kelly’s romance posts and she’s been doing wonderful recaps of Outlander too.
I was surprised (and heartened, even tho I have no dog in this hunt) to see it noticed at the LA Times as well. That’s where I first read of Jane retaining Marc Randazza, badass scourge of would-be legal bullies.
Just hearing about this. What a nightmare. Standing ready to contribute to legal fund, and wishing you the best.
I wanted to send all my best wishes and support. I’m so sorry you have to go through this.
This is an extremely sad and stressful situation for the authors who entrusted this publisher with their works. I recall when EC came in on the scene, and though I don’t read, write or publish erotica, there’s such a demand for it that it boggles my mind that EC has experienced so many financial and management problems.
I, too, am a small independent publisher. In late 2010 I decided to open what started as my self-publishing company to other authors, which I did in 2011. I would be horrified if Imajin Books had these complaints against it, and I’m proud to say that not only do we pay our authors every quarter, we usually pay them a bit earlier than our contracts state. And all of our service providers, from editors to formatters to cover designers etc. have been paid on time and in full.
As an author who was once published by an unethical publisher who didn’t pay authors on time, I know how this feels. Authors don’t deserve to have their works tied up in contracts when they aren’t getting paid their royalties.
Though we don’t publish erotica at my company, if any EC authors have other works and are looking for a new publishing home, I invite them to check out Imajin Books. My authors are like part of my family–and I make sure they get paid on time. It’s too bad EC didn’t do the same!
Best wishes to the authors. And good luck to you, Jane. I hope you persevere and win.
@Cheryl Tardif: Cheryl, since I’m a reader-only fan of the romance genre, may I take advantage of your commenting here to ask a question? It seems that many of the authors are on very tight shoestrings when it comes to surviving in this profession. Could you explain why it seems to be the rule that royalty payments are paid only two or four times per year? Is it because the distributors make publishers wait that long? I could see it if everything was being done manually, but it strikes me that somebody in this supply chain is taking advantage of being able to hang onto cash for an awfully generous period of time. In today’s computerized world, I would think that authors should be able to benefit from an acceleration of the flow of cash.
I don’t mean to cast any aspersions, especially not to you after having made your kind invitation to authors. I’m just curious.
@Mzcue I am just guessing here, but I would imagine, at least here in the US, it has to do with the whole quarterly tax stuff.
@MzCue, I can confirm that many of the distributors (Amazon, BnB at least) remit royalties after 60 days. Meaning royaltues made in the month of June aren’t sent to publishers untill the end of August. And other distributers remit royalties on a quarterly basis (ex. All Romance).
@Mzcue: My publisher tried switching from quarterly to monthly payments earlier this year and… it wasn’t a great success. People with small royalty payments found that processing fees were eating up even more of them (if you’re transferring money internationally, that’s a big deal) and people with agents found that the agents’ workload had effectively tripled, with three times as many royalty statements to check. Add that to what others have said about some distributors operating a quarterly system, and it does seem as though that is the optimum level. I think older trad pubs are more likely to work on six monthly payment system than newer digital presses, and I’m guessing that’s to do with calculating returns from booksellers etc.
Furious and behind you 100%. Whatever I can do.
Horrified to read this happening to you! 100% supportive of you too.
I don’t know if this has already been suggested, but perhaps the Electronic Frontier Foundation website might offer some help to you or would be interested in what’s going on. https://www.eff.org/issues
When I first started reading the linked blog — that got you into trouble, it was clear there was admiration for this pioneer in fun-sexytimes reads. You did build a case against her — with facts — excerpts from public records and statements made by others and referenced. It’s a sad and sordid tale. But can you really be sued (successfully) for “harming” someone’s business if you are reporting facts? That’s frightening.
@Ros: Thank you to Erin, Laurel and yourself for your replies. It’s fascinating how complex the publishing industry is. I had forgotten about the whole issue of books returned from bookstores—another reason that digital books should be priced differently than print. I can certainly see the appeal to authors of self-publishing digital works.
On the other hand, I just learned that book critics are apparently allergic to reviewing self-published books, which is of course a whole ‘nuther kettle of fish. Clearly, it isn’t easy being an author, or really having any job in publishing.
I’m so sorry you’re being put through this grinder. Your piece was well-cited and only included information that is freely available. If you had Hurst behind you, you’d have no concerns. This is frivolous, though.
If writers aren’t being paid their royalties (Jaid ? says otherwise on her FB page), then surely the publisher has broken the contract and rights should revert back to the writers. I would probably have a lot more to say, but I’ve never heard of Ellora’s Cave ’til now. However, I have heard of DearWriter. :)
You should contact Ken White at popehat.com. He is an attorney dedicated to assisting people sued on bogus defamation charges, and can potentially help you find someone that specializes in these types of bogus claims.
Nevermind. Just saw that you retained Marc Randazza, who is a fantastic first amendment lawyer.
Go kick their ass. :)