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.
Best wishes to you. Sounds like they’re grasping at straws from a sinking ship, and lashing out. Hopefully any judge will realize that.
1) This is shit.
2) I hope that you see a swift resolution.
3) I am horrified and saddened by EC’s response — so many authors mentioned being afraid of speaking up, and here, apparently, is a $25K reason why they might have been worried about what they’ve said online. Because even if the truth is someone’s defense, that’s an expensive war to fight.
4) I hope that EC’s action doesn’t have the long term effect of silencing authors who are unhappy with their publishers. Over the years, this site has been a valuable source of information for many authors who’ve found themselves in a terrible situation with a publisher. The idea that someone who doesn’t receive their royalties might be too afraid to speak up (for fear of being slapped with a lawsuit) is a really disheartening one, but after this, I can easily see why it would happen.
5) Authors who’ve spoken out anonymously and in the open, Jane and everyone at DA — you’re awesome. Hang in there.
You know you can countersue them and ask for attorney fees for a frivolous lawsuit. I would also make sure to get notarized statements from any and ALL authors and artists who have not been paid. The more evidence you have to back your claims on your blog, then you will win. They will look like idiots ((Which they ARE)).
Good luck and if I can help in any way let me know. I’ve done LOTS of legal research. You could do this on your own pro se and NOT have to have an attorney if you do enough research. In all honesty, you’re posting what people have reported and that is not defamation. The minute you hand over notarized statements or even arrange for testimony by phone or Skype. The other side is going to go running. Find out who their attorney is and check their record as well.
know that many of us in the blogosphere are supporting you completely! I will NOT be reviewing, purchasing or supporting any titles coming out of this house due to information available from multiple forums (not just DA) and this just made it even easier to make that decision.
I also will NOT support authors who appear to be supporting this BS move by EC. I’m not alone in this and hope that you prevail against this move of sheer stupidity!
Let me know if there is anything I can do!
If you do set up a fund, please let us all know here. I’d be happy to contribute. I found the original article to be informative without a lot of personal comment on your part. As far as I read, it presented facts. How can someone sue for facts? I agree with @J.K. Hogan: It sounds like she’s grasping at straws in an attempt to keep her lifestyle afloat when she should be concentrating on the authors under contract to her and making sure they’re paid first. Sad. Very sad.
Unbelievable… Your post was based on facts and I strongly believe this will prevail. You didn’t even have a horse in this race, but you spoke the truth that both the readers as consumers of EC products and authors who were thinking submitting their work needed to be aware of.
You have all support and if need for legal fund does change in future, I will be there not just as long time reader of DA blog, but also as someone who believes in telling truth.
I wish you all the best in fighting this!
My comment disappeared… :(
Why is a publisher suing a blogger? Insane. You’d think Ellora’s Cave has bigger and more pressing issues to deal with than to go after a book blogger. Be sure to let us know if there is a legal fund because I dearly hope that this insanity doesn’t have a chilling effect on the Dear Author blog.
There’s nothing wrong with reporting the truth. Kick ass and take names, Jane.
What Karen said !
Utter support here for an honest voice . Jane..she’s trying it on (as my boys say ) She has a lot to lose, and I really think that her house of sand is about to wash away.
Chin up Old Bean, this too shall pass !
Best of luck, Jane. I hope it gets sorted quickly and in your favour.
As one of the people screwed over by EC – all I can say is you can’t be prosecuted for telling the truth.
Sounds like a continuation of their bullying techniques. I appreciate your honest opinion & fact-finding. Keep up the good work.
Hang in there, Jane! I hope this is over soon, and without too much expense.
Can you start a Kickstarter for the legal fees?
I heard the news via your twitter yesterday. It’s absolutely rubbish and intent as a scare tactic. Just hope that you do not have to go through all those things. Please be strong.
I echo what Theo has said: If you set up a fund, please let us know. What is happening to you is just unacceptable.
Jane, I hope you change your mind and allow contributions to your legal fund. But I think this time JB picked the wrong person to try to intimidate!
Wow. Well guess Elloras cave just lost a customer forever. Not smart. All the best Jane
You have my support. I hope someone starts a FundMe so we can send money your way to help with your fight.
I would also contribute to a legal fund. I hope this gets tossed as being frivolous, because this is pure insanity.
I add my voice in saying that this is so very wrong. It’s a nuisance suit from someone who apparently has no shame. I was an enthusiastic reader of their company’s product when I first found ebooks several years ago but over the course of time I found their quality declining as more and more of my favorite authors found other venues for their work. In the last three years I have only bought a handful of titles from EC, which is a good thing because my account currently shows I have only purchased less then the 30 instead of hundreds I actually purchased. A sign of bad record keeping on someone’s part perhaps? In the future the number will now equal zero. I am not a fan of those who use the legal system frivolously or as an attempt to stifle speech from detractors. Stay strong and set up a legal fund. I will be happy to donate.
I’m so sorry about this Jane. Please know that there are many of us who are behind you and would do anything that we could to help you through this. What a boneheaded tactic. To the authors speaking out, thank you very much.
Let us know about legal fund if you decide to set one up.. and as a blogger, I’m sure as hell not reviewing, buying or giving EC a place to promote.
As for the people wishing you misfortune, well – fuck ’em is all I can say.
When I first heard about this, I thought “no lawyer will ever take this case” because it’s fairly clear that the case is a SLAPP suit. I guess she must have enough of [her authors’] money to pay a hefty retainer to someone. *sigh*
Do post if you start a fundraiser…plenty of us will contribute!
Lending my support. This is total BS.
I’m horrified. And I’ll never buy or review another EC book again. Best wishes to you and to the trapped EC authors.
I hope you can resolve this fast so you don’t have to keep worrying about it and I would also contribute to a legal defense fund if you started one.
You have done nothing wrong in reporting on a current crisis within a well-known publisher. You have my full support. EC is lashing out here and it’s not making me respect them more. I will say that I received my May royalties from them this week which is something.
Sad all round – no winners in lawsuits, b/c it is such a headache. But yes, inform us all about a fund (and I hope there’s insurance coverage in there somewhere, fingers crossed for you!)
I really feel for the EC writers. They are a very talented bunch, and include many people I know, and I’ve read and enjoyed many EC books over the years. But this suit does not serve their best interests.
This is so wrong. You have my support and I hope you decide to start a legal fund. While I (sort of) understand you want to handle this, I know the community is standing right along with you and will help in whatever way it can.
Those authors who are gleeful that I was sued, I can only say best wishes to you.
You can say best wishes, but what I say is ‘what the fuck is wrong with you?’ Besides the general assholery, what thinking author would support efforts to shut down a) a blogger who is defending author rights, and b) authors who are being threatened via this action? I’m only glad that readers can see that bullshit for themselves. Is it really so difficult to be a halfway decent person?
You have my support! I’m still picking my jaw up from the floor over this. My heart goes out to the authors who are stuck in this too. Keep up the good fight.
Jane, I hope you will consider allowing people to contribute to a legal fund to help you fight this. The whole community of bloggers, commenters and readers is affected by this kind of attack and it’s in all our interests to ensure that she isn’t allowed to get away with it.
I was shocked and saddened to hear about this, Jane. She will only succeed in uniting reviewers, authors, and readers against EC and hastening the demise of her own company. I hope this bizarre lawsuit gets dismissed ASAP.
So sorry you’re having to deal with this. What a nightmare.
Add me to the list if there’s a fund for legal fees.
Am going to spend some time today buying non-EC books of some EC authors.
Best wishes Jane. EC has lost a customer for sure.
They can not and will not get away with this. Too many people know the truth. You have my fullest support, Jane, and if you set up a legal fund, I will happily donate to the cause.
Thanks for fighting this lawsuit, Jane. You have my support when you set up a fund.
jan, one of the EC authors not getting paid and fighting to get her rights back
I am very sorry you’re having to go through this. It must feel like bitter thanks after all the good you’ve done with this blog over the years. So I want to thank you for real. The book community would be greatly diminished without DA.
Just echoing what everyone else has said here – totally behind you, and if you do decide to set up a legal defense fund, I’ll happily contribute.
I’m speechless…..what rubbish! Jane I’m so sorry about this…….
Count me as one blogger who wants to help tangibly–if EC has the stones to go after DA, it’s with the clear goal of intimidating everyone else who’s ever dared utter a critical word about their business practices, owner, management, etc.
Given that this is a clear case of aiming to stifle criticism using the legal system, have you considered contacting Ken White over at Popehat? Defense of the First Amendment is his thing, and the Popehat signal is a powerful and beautiful thing.
Like Ros, I think the chilling effect this suit aims at would affect the whole community, so I’m grateful that you’re fighting it (and would be happy to contribute) and that you’re so well equipped to do so. But it’s an awful thing that you shouldn’t have to go through. I hope the consequences are not too severe for you and I wish you all the best.
I can’t say I’m surprised at EC’s actions, in part because of some of the things authors have revealed about the company’s practice of retaliation. Your piece was professional and clearly presented the issues with EC.
I wonder if EC’s decision to branch out into film (and additional ventures) is at the heart of this “lawsuit.”
Capital must be raised to do many of the things EC wants to do, and that takes backers who are confident that the company is on a solid foundation. This isn’t a smart move, because it simply invites more public scrutiny on the company, which could serve to verify claims made by those who’ve not been paid.
In their effort to come after you, they may be forced to open their books for transparency.
Yes, I hope you create a crowdfunding campaign. My best to you.
I was so impressed with EC when they started; I used to talk them up to every romance reader who came to the library (and made several efforts to try and circulate ebooks from them, which we simply didn’t have the software for at the time). But in the past few years I have been shocked and saddened by the boneheaded moves I kept seeing them make.
Nothing, though, matches the sheer stupidity of suing one of the most prominent and passionate advocates for romance readers and writers out there. We’ve got your back; let us know if you want our support, financial or otherwise.
I will contribute to legal defense fund if you decide to start one.
Jane, what a mess EC has created. This is just crazy.
I want to contribute to your legal fund. Please let us help.
ive read your fantastic post. Some people clearly have a problem with the truth. Hopefully this bullshit case gets cleared up quickly. Love and best wishes from Ireland.
EC would have done better to pay its authors and take steps to ensure things are run better from here on in. Why spend money on this suit instead? It’s not constructive and it won’t help their reputation one bit.
I hope good sense prevails.
Sorry you have to deal with this Jane. Best wishes.
Ultimate WTFery on EC’s part. Unfortunately, as you know, here in Ohio anyone can sue for anything. That doesn’t mean they will win, but it definitely means you’re going to run up some time and expense defending yourself. It is frustrating as hell and I agree that many DA readers wouldn’t hesitate to contribute to a legal defense fund.
“Nothing, though, matches the sheer stupidity of suing one of the most prominent and passionate advocates for romance readers and writers out there. We’ve got your back; let us know if you want our support, financial or otherwise.”
this pretty much says it all……
One more reader saying I’m sorry you have to deal with this aggravation. Best wishes for a swift resolution.
Please set up a defense fund. I would certainly contribute and so would a lot of other authors, editors, and cover artists.
Ugh this sucks *HUGS* you also have my support and I hope this blows over quickly for you. And for any authors who thinks this is funny or a good thing better be aware that this is a serious issue that could effect anyone who blogs or writes online especially highlighting issues and problems. I also find it ironic that one of the authors who reveled in this mess had her own issues a few months ago when she was plagiarised and DA helped to highlight this. I find this sad, and disappointing because what these authors have done is a cheap shot and a total bitchy and mean thing to do.
Coming out of blogosphere hibernation to add my thanks to you for fighting this dangerous rubbish. As other commenters have pointed out, this affects the entire book-blogging community. I am so sorry that you find yourself in this situation and I wish you all the very best.
Sending you my support as well, Jane.
This is utter lunacy on EC’s part.
Best wishes. I have a feeling EC has no idea what they’re up against here.
In your earlier article about EC, there was a post from Engler warning that the head of her security detail, “A former intelligence officer with the US military…Reads all my emails and tracks all of you down…” She goes on to threaten that this security officer will turn her emailer’s info over to Interpol. Unless Engler is getting shakedown messages from some Nigerian princes, this all comes across as extremely silly and a lot paranoid. If her legal action is built on the same foundation as her security activities, it seems more likely to further her own embarrassment than anything else. Truly a case of the Streisand Effect in action.
Meanwhile I’m sure it does succeed in being a pain in the neck. As a reader and consumer, I’m very sad to see the difficulties confronting the good folks who make my enjoyment possible. Count me among your supporters.
Echoing support here. I’ve canceled my preorders with EC (because I am a huge fan of a few of their authors) and will never buy another book from them. This whole thing is just infuriating!
I’m so, so sorry, Jane. This is awful, crazy-person behavior.
Set up a defense fund. You want a lawyer with a reputation that will make EC think twice about even going forward.
Writers who support EC at this point are pathetic.
I find it pretty funny that of all the book blogs reporting on this, EC sue the one that’s very publicly run by a lawyer. Like you’d run scared of a frivolous lawsuit! They are so very getting their arses handed to them. What’s the betting they fail to turn up again?
Really, my main regret is that because you’re involved you won’t be able to share your opinions on the suit as it goes along, because I always love your legal commentary.
The stuff of nightmares, and I’m so sorry you’re the target! But I agree that EC picked the wrong blogger to go after. Thank you for not letting them/her intimidate you, and for being willing to fight this thing. And if you change your mind about accepting help with the expenses of fighting, please let us know and we’ll set up a fund. Because the right to tell the truth is one we all value.
Wow. Jane, I’m so very sorry this has happened to you. I don’t comment very often, but I visit this blog every single day. You guys are my go-to blog because of the integrity and honesty of the contributors/articles here. I echo the sentiments of many others–if you decide to set up a defense fund I would be more than happy to contribute. You have my full support. Hang in there.
Jane,
I want to contribute to your defense fund. You should hire a very tough lawyer, and the discovery process will be their just desserts.
Please allow others to contribute to right this wrong.
Echoing support for you Jane. Sorry that you have to go through this. I, too, hope that you have a swift resolution.
Very sorry to hear about this. I too would be happy to contribute to a legal fund–I love the Dear Bitches Smart Authors podcast, and I appreciate what both Dear Author and Smart Bitches do for reporting on romance and on publishing in genre.
I’m a devoted fan of your blog, and a reader (not an author). I have been following this situation for as long as you, and other blogs, have been reporting about it. I’m a huge reader, and I spend a GREAT DEAL OF MONEY on my books. It is my true indulgence! I read a lot of EC authors. Unfortunately, I stopped a few weeks ago, and will no longer purchase anything published there. I went into the site and removed any saved credit information, because I have absolutely no trust in that company at any level. I hate that I won’t be reading those authors until they publish on there own, or through another company, but I will never support a company that continues to lie, cheat, threaten and bully authors, bloggers, and probably readers, too. I feel for these authors, and wish them the best.
For you Jane, I thank you for your blog, and for being brave and facing down the bully. Just know that you have so much support and admiration. Please keep us posted as much as you can.
I would also want to contribute somehow. This is the most bogus thing I’ve heard in ages and I hope you school ’em, Jane.
Legal Fund? I’ll contribute. We need more speech not less.
Breaking topic lurk to comment: As a longtime EC buyer and fan of many of their talented authors, the whole situation has saddened and disgusted me, and already prompted me to add them to my “do NOT buy” list. If they’d paid their authors, editors, and artists and gotten a clue about realistic book prices, perhaps I could have reconsidered my stance in the future.
But going after Jane and DA – that’s a line in the sand for me, and there’s no reconsidering now after this utter BS move. I hope this suit will shine a light on their dodgy practices, and also allow the authors to take their rights back ASAP. I’ll be first in line to buy those titles once they’re no longer issued by EC.
DA has always been a go-to place for me to get clear, balanced publishing news and thoughtful reviews; a threat to this site is really a threat to all bloggers and reviewers, and to free speech as a whole. So DA has my absolute support – sign me up for a Team Jane shirt/hat/shot glass, and if you do decide to Kickstart your legal fund, I’ll be honoured to contribute.
Stand your ground and don’t sweat ’em.
I can’t even begin to express how ridiculous this is – suing a blogger for reporting news, that is well documented and backed up, is … beyond insane.
I’m sorry you’re having to go through this Jane. I’d just like to offer my support as well – and if you do set up a defense fund, please let us know!
Definitely set up a legal defense fund. You want a jade-chewing legal shark on your side. :)
Jane, I am appalled, and like others, will gladly donate to a fund to assist you in winning this suit. I appreciate your site for reporting on issues in romance, and I am so glad you do it, despite the possibility (and now the reality) of this kind of thing happening. (TL;DR: WTActualFuck?)
I think Sarah at Smart Bitches has the right idea. Let’s all talk about this.
Terribly sorry this is happening to you, Jane & I too would be happy to contribute monetarily to a legal defense fund to assist in your legal fees.
Best to you
You’ve always stood up for facts in the case of plagiarism, and I’m glad you’re not backing down from your factual knowledge now. It’s obvious to everyone that EC will lose.
That said, I’m very sorry you’re having to go through this. Please let us know how we can help.
DA is my reader happy place, my virtual library for rolling around in books, the first stop in my day. So, yes, tell me where to sign up and contribute.
Jane, like many others, I am so sorry that you are having to deal with this. If you decide to initiate a fund to help you fight this ridiculous lawsuit, I would be delighted to contribute to it.
Another supporter willing to contribute to a legal defense fund!
This is mindboggingly stupid and awful. Rooting for you, Jane.
I know it’s wrong of me to be kind of glad they did this but I can’t help it–if they go to trial (I suspect they’ll drop the suit before that happens) all it will accomplish is to prove Jane’s information correct. I think it’s the stupidest thing Jaid Black could’ve done and I think it’s just more proof of her irrationality. Discovery is gonna be such a bitch. It makes me wonder if her lawyers tried to talk her out of it. It’s like Oscar Wilde suing the Marquess of Queensberry for saying he was a homosexual.
However, I know that being sued is a nightmare and it sucks that Ohio has no SLAPP statute. I’m also so, so sorry for the writers who’ve had to live through this debacle. If I were an EC author I’d be sick from all the stress.
Some have speculated that Jaid did this as a warning to all the bloggers who’ve been covering the EC meltdown. I just don’t know why she’d start with such a high profile blog. And Jane’s a lawyer, so this isn’t going to scare her. If they’d started by suing smaller blogs, people who aren’t lawyers and don’t have the resources Jane does (i.e., if you set up a legal fund many people would contribute–smaller blogs couldn’t count on such support) and couldn’t handle going to court.
I can’t believe people are gleeful over this. I’m guessing it’s the same people who whine about being bullied by less than stellar reviews. You know what’s bullying? Suing a blogger who reported your behavior AND demanding to know the identity of commenters.
I won’t buy EC books anymore. I won’t give them money to fund this kind of crap.
Jane, your voice is always intelligent and reasonable. I hope it will never be silenced in any way.
Yeah, that’s right EC, spend money suing Dear Author for recounting the facts. Don’t pay authors who you owe…no, you wouldn’t want to do that.
@Kinsey: If you go to Sunita’s blog, you’ll understand better why EC and company are aiming at Jane–the rationale being something along the lines of, “she’s not afraid of big, well-known, lawyer blogger, what will she do to little unknown me?”
Someone elsewhere mentioned that Jane could counter sue to get back attorney fees and court costs, I certainly hope she does, fund or no fund.
I am sorry you have to deal with this bs :/
Like most others commenting, I’m appalled that you would be sued for reporting on what’s going on with E.C. It seems like a pretty desperate move on their part. I , too, would be happy to donate to a fund. Have you looked into gofundme.com? I’ve donated to funds set up on this site before and it’s very easy, at least to donate. Good luck and keep all of us posted.
Wow, this is incredible. So sorry that this is happening. I read your post and don’t see that there’s anything actionable in what you posted. From what I read, it appears you posted fact, backed much of that up with examples in the public domain, and posited guesses as to what might result from a bankruptcy. I don’t see anything that reads as slander or would harm the company in any way.
What you revealed in your post was no different or worse than what any of those discussing public issues/crises with companies talk about in the press these days. This lawsuit definitely appears to be frivolous and I hope that you are able to find a way to either get free legal help or sue for bringing an unjust lawsuit against you.
Your post did not come across as vindictive or made with malice. It was informational and well-researched and documented. Thank you for bringing all of that together and it’s unfortunate that this is all happening.
@azteclady – That makes a twisted kind of sense. A buddy of mine was also speculating that if JB had started with another blog, whether small or big, Jane would’ve reported on it, so they had to go after her first.
I’m going to repost this in the hope that she sues me, too.
I await word of the legal fund also.
Just chiming in with the others to say how horrified I am by this situation. As others have said you have my full support. Right is right. That is all.
@Pete Morin:
http://petemorin.wordpress.com/2014/09/27/publisher-sues-dear-author-blog-and-its-owner-jane-litte/
Just wanting to chime in that this is awful, and I can not believe EC thinks this is a rational thing to do. Support you and the site here completely, hope they quickly see how silly this action is.
Read the first post and all comments. Best reason in the world to be/stay indie IMHO. And now this BS. Can’t believe there aren’t SLAPP statutes in ALL states by now. Aren’t courts overcrowded?
I’ve been following DA for seven years, learned so much from the posts and podcasts, and come to appreciate the smart people who populate the romance community. Jane, I’m one of the many who are ready to support a legal fund; just say the word.
Just heard about this, am in utter shock and disbelief. You have our complete and utter support. Keep doing what you do and stay strong, we’re behind you 100%!
Hi – Details of the lawsuit were posted on the Passive Voice blog so the wider blogging community is starting to become aware of your lawsuit. I came here to suggest that you crowdsource money to get funds to defend the lawsuit, but I see many people have already suggested that. If you need to find someone who has done something like that already, take a look at Rachel Nunes’ site – she is suing someone who allegedly stole her work, and she has raised thousands of dollars http://www.ranunes.com
Jane, if you have general liability insurance for your LLC, be sure to notify them of this suit. They may owe you a defense & would hire a lawyer for you.
Best of luck! Thank you for what you do — it really is terrible what EC is trying to do. Here’s hoping this blows over quickly.
I’m really sorry you’re the target of this, but kudos to you for taking on the fight. The lawsuit is creepy on so many levels, including the effort to reveal the name of your commenters. Good luck, and I hope it’s not too disruptive for you!
I’ve never read an EC book, and never will now. Just really foolish tactics. I can chip in, too.
I absolutely will happily contribute to your legal fund, Jane. I’m one of the editors who got screwed over, but truth and justice is more important to me than what they owe me. I’m beyond tired of the lies, the attacks, and the radio silence from HQ on this situation. You shouldn’t be sued for telling the truth.
100% grade A bull sh*t, Jane! Count me in for a donation, should a legal fund be established.
As for what we, the Dear Author, community can do until a legal fund is set up…we can boycott EC, share the word about how EC chooses to do business and buy from Amazon via your link (upper right side of the page) so you can at least have funds coming in via that method.
Give ’em hell!
Jane as much as this sucks, you’ve got this. This just shows that none of us are immune and as a community we always stick together.
I feel sorry for EC authors in all of this bs as well, no one wants to touch an EC published book now.
You got this and we’ve got you.
Good luck. I’m stunned to see all of this, and sorry to learn that you’ve actually received some hate mail. Best wishes for a swift dismissal of the case.
Holy crap, Jane. I’m so sorry this is happening to you, and, indeed, everyone affected by the entire situation. I hope you do allow us to help with your bills; as an author, I cannot say how important it is to shed light on the sometimes ugly sides of publishing. This site has been so valuable to me in so many ways, and my heart hurts for your trouble when you’re simple trying to help hard-working authors. Good luck and god bless.
I’m so sorry this has happened and am beyond stressed about this whole situation. I feel as if I’ve been stomped on and used and I put my heart and soul into my books with EC. I take no glee in what Jaid/EC is doing. I’m not afraid of speaking out, but trying to figure this whole thing out. To readers, bloggers and reviewers, I understand how you feel, too.
Thanks for the shout-out, AztecLady.
100 comments later, all I can say is “what Meljean said in her comment way upthread.” I have no idea whether EC has a rational strategy in suing DA and Jane, but the fact that they did it and the way they did it has potential ramifications for many authors, editors, and bloggers. I am so very glad that Jane is defending herself with all her experience and expertise, because to me, what EC is basically saying with this suit is “We went after Christina Brashear and now DA. Do you, author/editor/blogger, think we won’t go after YOU?” And that’s dangerous for all of us.
Two years ago plenty of bloggers and readers were stressed and/or afraid because a small group of authors doxxed and harassed them. This is not quite the same thing, obviously, and it’s going to be much more expensive, but there are plenty of similarities.
I feel really badly for EC authors, and I am happy to see people trying to create ways to support them by publicizing and encouraging the purchase of their releases at other presses.
One other thing we haven’t really talked about: this hurts other presses, too. When a large, successful, formerly path-breaking publisher pulls shit like this, how do you know who to trust? And how do the publishers reassure you? They can point to their long record of treating authors well, and hopefully that is reassuring enough. But unless EC can be isolated and brought to account, there are many, many knock-on effects.
So thanks for taking this on, Jane, so much.
As another editor who’s been screwed over by EC, I want to say thank you for standing up to them. I’ve been unsure what to do–keep quiet in hopes that if I don’t say anything I might some day get some fraction of what they owe me?–but this is the final straw. You’re absolutely telling the truth and I’d like to contribute to your legal fund as well.
Coming out of lurkdom to say thank you for your excellent site and to show support. I really hope this all goes away soon for you and EC stops behaving like a villain in a badly written melodrama.
Jane, I wish you a swift conclusion to this whole mess. I would be honored to help if you decide to start a fund.
Sunita: I was thinking about the suit against Chrissie too. They totally screwed the pooch on that one IIRC. I really don’t think Jaid Black inhabits the same world the rest of us do.
Who are these fucks? Countersue. I think the blogosphere has enough lawyers who can help you. Hope this goes away quickly.
Jane, like many others I am happy to contribute to a legal fund should the need arise. I hope there is a quick resolution to this bullshit for your sake and as Michele Mills wrote I have no doubt you will kick arse and take names :-)
I am neither an author nor blogger. But I am a reader who appreciates you. This insanity saddens my heart. I add myself to the wave of support surrounding you in this ridiculous matter. Stay strong and keep your head high. You are a class act.
I’m so sorry you have to go through this, Jane. You know you have my support.
Just chiming in to express my support for you, Jane. This is an alarming attempt to shut down the discussion and I think readers will not tolerate these tactics. I would happily contribute to your defense fund.
I just shared the link on Facebook, along with my support for you and my horror at this lawsuit. If there is a legal fund established, I will donate to it.
Jane, I echo what many others have said, and am behind you in this. If there is going to be a legal fund, then please let us know so that we can financially help out too. I think EC has not really thought this through – by taking this action, it creates much more negativity for EC, which could subsequently result in a further drop in their sales. Perhaps it is a diversion technique as well.
I’ll keep an eye open for when a link is posted to help with legal expenses. I am sorry to say this, but I am not spending a dime more on any EC books. I will keep an eye open for my favorite EC authors’ work in other places, but not a penny from my wallet is going to EC so that the owner can misuse it to pay her attorneys.
EC has money to sue you but not to pay its authors!? This is insane!
I’m sorry to hear this is happening to you. Keep strong, you are not alone, you have a whole community supporting you and many of us would like to contribute to your legal fund. You should start a GoFundMe or something like that.
Count me in, too, Jane.
Jane,
I was again appalled to learn this latest development. What was the perpetrators (I kind of think there were more than one who brought up and put forward this nasty, offensive move) thinking? To openly attack readers now?! Totally unacceptable!
This is abusing the legal system as well. I’m confident the court will find the case frivolous and dismiss it forthwith.
Best,
Peggy
Jane, I defended my family company in 3 states, 3 courts, state and federal, and DC administrative court against a crazy intellectual property lawsuit, so I feel for you.
I saw a few well-meaning comments fly by offering to help with research. Please let me explain something. Jane cannot fight this pro se because:
1. Jane incorporated her blog as an LLC and the blog was sued as its own entity.
2. Despite what SCOTUS has said, corporations are not people in that they cannot go to court without a lawyer as a pro se litigant. They can’t.
3. Jane is not licensed in Ohio, so she can’t represent her LLC as in-house counsel.
4. Therefore, Jane must have an Ohio lawyer, even to file a motion to change venue to Iowa.
I *cough* have some experience in this matter and dissolved the family corporation for one reason, so I could go anywhere, to any court, anytime, to defend it at minimal cost. It brings up an interesting question on the pros and cons of incorporating blogs.
Jane, you have an entire legal/writing community behind you. Please feel free to reach out, even if you just want to vent.
Terri
I am going to read the rest of the comments after work but I wanted to lend my support and outrage… I will keep my eye out. I know PLENTY of folks who are on your side.
@PeggyL: Wrong grammar — What WERE…
Stay strong and let us know when you need support!
I’m just a reader – nothing more – but I am outraged at the move to silence this blog for practicing free speech! And that article about Ellora’s Cave was very well-researched, not merely supposition. I am in full support of Jane and Dear Author. When that legal fund gets set up someone please point me in the right direction.
I am a long time reader of this blog and I am aghast at this situation. Jane, you have my complete and utter support. Donations for a legal fund, encouraging words, whatever. I don’t think you realize how much joy DA has brought to my life. I really hope that the suit ends in your favor (how could it not?) and that you don’t have to pay much in legal fees. Again, please set up a legal fund if the costs get too high.
Divya
I, of course, echo what others have said. I would be happy to donate to legal defense and I will never purchase another EC book again. I am also canceling a few preorders and will email the authors so that they know why they lost a sale. I think that’s very important, for the authors to know this is hurting them too.
What I am concerned about is the line in the suit asking about the commenters idenities. I commented on that first post. I’m just a reader, but what’s to stop JB from sueing people like me too? I’m sure they want to know which authors or editors or artists to go after, but whose to say regular readers won’t be sued for speaking badly too. People who are sue happy tend to go all out. Getting 25k from everyone who commented might be too rich a purse for JB to miss out on.
I’m very sorry Jane. Hang in there.
Contra Authors United, books are consumer goods and readers are consumers. Without them this industry would not exist. There is nothing “just” about y’all!
I wonder if she has any idea that the discovery might well include her fiscal data. To see if the rumors of EC not paying authors is true.
Jane, I’m awfully sorry this happened to you. The content here is a tremendous service. You have my support.
I’m stunned reading this. And I’m so sorry it’s happened to you, Jane. Sending you lots of cyber-hugs….
@Emily – That’s what has me so gobsmacked. Discovery will have to include their financial books, and I can’t imagine that her attorneys haven’t told her this. It’s been years since I read about EC’s suit against Crissy Brashear but I want to say EC balked when it came to discovery. I could be misremembering.
@Ruth: Nah. For her to go after each commenter means that she would have to file her suit on federal court for each commenter not residing in the state where the company is registered. As individuals, establishing jurisdiction works differently, i.e., she can’t sue me in OH, as I am not a resident of OH. Given the sheer amount of comments by regular readers who have nothing to do with EC, that could mean several thousand dollars just to pay court filing fees of each complaint. Add to that her having to hire attorneys in the state of resident of each commenter. Too costly and burdensome. I wouldn’t get concerned.
Good grief. I’m sorry this has happened to you, Jane, but at the same time I’d really love to see some legal precedent set for things like this, so I’m kind of glad it was someone who won’t be intimidated by this and has tons of support. I’m here for you, I support you, and will happily donate towards your defense fund. This site brought Romance into my life, I owe you a lot. :)
Oh, no!! This is so, so, so incredibly wrong and just offensive. I’m sorry it’s happening to you!! You’re not alone – you have my support, whatever that might mean in the coming weeks.
Just want to add my voice to the supporters. This must be concerning for you and I hope it’s resolved quickly. I would also be happy to contribute to a legal fund.
I’m not sure whether I’ve ever commented over here, although I’ve been reading your blog (and twitter feed) for years. I appreciate the effort and value the content as both a reader and a writer— as the latter, it has always seemed best to remain a lurker. Until now.
You have my unstinting support in the face of this legal bullying and attempt to silence thoughtful honest dialog. And while no one would consider me a member of this community of commenters, I am someone who has consistently benefited from the content over here. It makes me feel as though *I* have been attacked by this action as well.
I have no respect or tolerance for those who think they can bully people into silence. It makes me so fucking angry, I’ve had to re-write this several times. I won’t stand for it.
Damn straight, I will help defend against it. In any way I can. You just say the word, my public moral support will translate to financial support as well.
Hang in there, Jane. You’ve earned the respect, don’t hesitate to accept the support.
All the best,
KD
I’ve said it elsewhere but I’ll say it here as well. You have my full support Jane.
You have my support, Jane, and I wish you a speedy resolution.
This is terrible and I’m so sorry this is happening. You have my full support, Jane, and if I can be of any assistance let me know.
I’m not worried, I just think it’s interesting that the suit wants to know who commented. I also think there is nothing JB or EC does that is based in reality. Nothing would surprise me. I’m so sorry that DA is going to have to go through this.
I am very sorry that you will have to deal with this. If you decide to set up a legal fund, count me in too.
I’m just appalled. I’ve become increasingly disheartened with the company that got me into both ebooks and erotica. But as others have said, this for me is the final straw. For whatever it’s worth, I want you to know you have my support, my thoughts are with you, and if you should start a legal defense fund, my parsimonious soul is even willing to stand up with cash. Thanks for all the good work you do.
This will be a repetition, but hugs, support all going your way Jane. The more the better.
You have my support, Jane. EC lost another customer.
Everything i would say has already been said so “ditto” on the above 151 comments. I am not surprised at all that you are fighting this, Jane, and i admire and respect you for standing your ground against this ridiculousness. Thank you for fighting for truth.
My best wishes to you! Fight back and fight hard. A blogger is, in effect, “the press.” Being barred from reporting facts to your readers constitutes a violation of your free speech rights, doesn’t it? In any case, I’ve always found your blog to be in good taste and not particularly inflammatory. EC was going through hard times. How is that defamation, if you’re reporting publicly accessible facts?
You have our support from the blogging community Jane. Best luck.
What Meljean – and every single other commenter – said. We’re with you every step of the way, Jane. In any way you need.
If there’s a defense fund I’ll contribute and repost and share information on where others can contribute. It’s the least we can do. Sites like DearAuthor are an important part of the romance reading community and can’t be coerced into silence through frivolous lawsuits.
Ditto on all the above. This is irrational and malicious from JB but horrible for you. +1 on the defence fund if needed.
I don’t have much money, so couldn’t contribute much, but I’ll happily donate what I can if you set up a fund. This law suit is so wrong on so many levels, and I’m glad you’re not backing down; that would set a bad precedent. Hopefully, instead, this will serve as a warning to others (publishers or otherwise) not to try to chill free speech, even if such speech makes them look bad because they messed up. Streisand Effect, activate!
Please get in touch with popehat bloggers they are lawyers and can probably get you in touch with someone in your area with expertise in this type of suit. They are also really good at bringing attention to this type of abuse of the law. Good luck
I’m very late, so I’ve nothing new to say that hasn’t been said already on this comment thread, but just wanted to post my support anyway. I hope everything gets resolved with as little stress and upset to you, and as part of the romance community, thank you for deciding to stand up to this stupidity and fighting against Ellora’s Cave attempt to silence you. Count me in as another who’d be very happy to contribute to a legal fund.
I’m seriously appaled by Ellora’s Cave and just wanted to add my support to Jane and Dear Author. Just tell me where to donate.
Jane,
Count me among the many offering their support and waiting for information on contributing to a legal defense fund. Ditto every thing said above.
You have my full support, Jane and Dear Author! I love this blog.
How appalling. I will not be buying any more EC books.
To clarify one thing – the security post that was quoted came from a facebook post by Jaid Black in which she was referring to men who were sending her emails and messages of a personal nature, if you get my drift. I had her in my facebook feed and saw it when she posted it.
So sorry you’re having to deal with this utter and complete bullshit. By standing up for yourself against EC, you’re essentially standing up for bloggers everywhere. This community wouldn’t be what it is without your voice. Count me to contributing to a legal defense fund.
Also, can anyone point me to a list of the authors who are supporting this suit as I am not on Twitter or Facebook and would like to avoid purchasing any of their books.
I stand solidly behind you. I will contribute to your defense fund, and I’ll definitely be following your case. Stand strong; you will prevail.
My first reaction when I read about this on twitter was ” Wait, what?!”. I am still shaking my head and muttering morons when ever I think about it.
I haven’t bought many EC books, but was planning on buying some of old EC books by autobuy authors, but I’ll not.
Thank you so much, Jane, for being brave and reporting the truth about EC’s imminent demise. I have no clue what Engler is trying to achieve with this lawsuit, other than bullying others into silence. I wish you the very best of luck with this frivolous suit, and believe me when I say we’re all rooting for you!
I’m still trying to wrap my head around the idea that you can be sued for telling the truth, for presenting facts that were substantiated by EC authors. I’m sorry about that and the stress it has to be causing you. That there are authors in our romance community who are gloating about this, is just plain awful. Shame on them.
I’m shocked and not a little horrified by Engler’s actions. This is a SLAPP if ever I’ve seen one. You have my full support.
@kathy cole: Thank you, Kathy! I do understand why readers are saying – I’ll never buy another EC book again but well over half of my titles are with them. And they are stuck there.
@Ruth: Ruth – we KNOW it’s hurting us too. It was because the EC situation was hurting us that the rumbles of discontent started in the first place. I do understand the upset with EC – I have huge reasons to be upset with them too – but I can’t bring myself to ask my readers not to buy my books – I just can’t. I want a way out but at the moment, there isn’t one.
Just wanted to add in my support. This lawsuit is complete BS. If it goes to court & you need to set up a legal fund, I’ll be happy to contribute.
Jane, you are a strong, kick-ass woman and EC doesn’t stand a chance. You did nothing wrong, as you know, and I hope this doesn’t prevent you from reporting shenanigans in the future.
I would love to contribute to your defense fund. Please let us know how we can do that.
I’m appalled, and sorry you’re having to deal with this. Thank you for your commitment to protecting commenter anonymity. Please do consider a legal defense fund to which supporters can contribute. It would not only take some of the burden off you, but would give the rest of the romance community a way to make a statement on what we do and don’t stand for. Sunita’s VM post did a great job of articulating why this is an issue not just for Dear Author but for all of online romance discussion.
Something stinks at EC and I will no longer be supporting them by getting their books. I feel bad for the authors who hooked their boat not just to a sinking ship, but what appears to be an erratically off-course one as well. They haven’t paid their taxes?! Why the hell not?! And, btw, tax liens are public record. ANYONE can look them up. It is not heresay. The blogging community is behind you!
Just curious though…this blog is not the first to report problems at EC. Why have they suddenly decided to pick on you? Is it because your blog post has the most truth in it? Hmmmm…
Jane (or anyone else), I am curious about one bit. Jane wrote: ‘EC is seeking […] identity of commenters.’ Can someone tell me where in the eight pages of the complaint proper (the following fourteen pages being a copy of Jane’s blog post) this demand occurs? (The list of demands is on page seven.)
My wife Deirdre and I have just gone carefully through the legal pleading, and we have not found that anywhere. (I posted a brief layman’s analysis of legal issues raised in the pleading to Deirdre’s blog, last night.)
Thanks much.
— Rick Moen
[email protected]
@Rick Moen: It’s in the last lines of the conclusion.
Unbelievable. I’m so sorry you’re going through this. If you do set up some sort of legal aid fund, please share about it here, so I can donate. . . .
Meljean, appreciate the pointer. Reading that bit now. Up until now, I’d just read the first eight pages, where the actual main pleading (creating the lawsuit) comes to an end, and ignored pp. 9-22 because I saw that it _looked_ like just a PDF of Jane’s original blog post.
I see on closer examination that pp. 9-14 are a reproduction of the blog post. Pg. 15 is a motion requesting TRO.
Pp. 16-22 is a memorandum in support of the motion for TRO. The ‘Conclusion’ section of this memorandum includes the sentence ‘Additionally, Plaintiff request that Defendants disclose the names of the anonymous commentators on the blog….’
Because IANAL, I try to stay miles away from giving legal advice, and I’m sure Jane will be getting competent professional advice from her Ohio attorney. Nothing prevents us interested laymen from commenting about legal issues in the abstract, however. So, I’ll be carefully making only general points about law and talking about observed fact, below.
My understanding is that anything a pleading asks a court to do needs to be stated in the Claims section of the pleading. The main complaint (pp. 1-8) has a Claims section asking for injunctive relief and for a findings of libel and libel-per-se (three claims). The TRO request (pg. 15) very concisely requests a temporary injunction against plaintiffs Jane and Dear Author Media Network LLC, barring them from making defamatory statements against plaintiffs Ellora’s Cave Publishing LLC and Jasmine-Jade Enterprises LLC. The one-page second motion references the pp. 16-22 Memorandum as merely giving ‘reasons in support of’ the TRO request.
I doubt that a TRO request can validly make requests to the court inside a memorandum of reasons. Things plaintiffs are asking the court to do should be in the main body of the pleading, because that’s what the pleading _is_.
I note in passing that neither of the two pleadings named any Jane Does / John Does as co-defendants. Normally, if plaintiff were seeking to coerce something from unidentified parties, those would be present.
The Ohio defence attorney might usefully be asked whether the throwaway sentence at the end of the memorandum’s Conclusions section is even a valid request to the court at all. Also, since the memorandum correctly cites caselaw that the purpose of a TRO ‘is merely to preserve the relative positions of the parties until a trial on the merits of can be held’, forcing disclosure of the names of people who are _not_ parties to the lawsuit (i.e., complete absence of Jane Does / John Does) lacks any obvious appeal to the court in preserving the relative positions of the plaintiffs and defendants.
(Jane’s Ohio attorney is, again, the right person to advise her. I am trying to just identify issues the attorney might be asked about.)
Rick Moen
[email protected]
I just heard the news and wanted to offer my support. Until recently EC held a special place in my book worm heart because it was one of the first places where I could download ebooks (at least in my narrow internet view in the early 2000’s). However, as that bulb commercial states “Nostalgia is dumb”. Go forth and kick legal ass.
Upset author, it’s a tough place to be in. But consider this: As long as they are buying your books–as long as you don’t discourage them actively from buying your books–you won’t be able to GET BACK your rights (reversal), because you’ll meet the sales threshold for EC to keep those rights. If you want your rights back, you’ll have to have low to no sales for a period of time, right? And if EC goes bankrupt, you may well not see your rights, either, as someone can comein and buy up the rights to those books. And you won’t know who will buy them. Might end up a bigger mess than EC now. Just think about it hard, because sales now, versus boycott now, may end up hurting you more. :( Sorry to all the EC authors. This sucks. Jane rocks. Go, Jane. Go, Cat. Crush the Cave.
Also wanted to lend my support. This suit is ridiculous. Would be happy to throw in money for a legal fund as well!
If you haven’t retained an attorney yet, contact me, I work for a fantastic firm here in NE Ohio.
Drue
Just plain crazy.
“Why is a publisher suing a blogger? Insane. You’d think Ellora’s Cave has bigger and more pressing issues to deal with than to go after a book blogger.”
Exactly. I support you totally.
I don’t know which is worse, Jane and DA getting sued for relaying facts or those idiot authors crowing about it.
Count me in for a donation. This needs to be stopped in its tracks.
This is so ridiculous, I had troubling spelling the word ‘ridiculous’ without saying ‘riddikulus.’
I barely have any money to my name, but I will still donate if you set up a legal fund, because I believe in free speech and the right to publish critical commentary. Authors and readers deserve to know what’s going on in the publishing industry.
I’ve been reading this blog since 2007, and it’s definitely earn its chops on citation and sources. There’s no reason for any publisher to do something as stupid as sue a blogger when the blogger is correct, but I’m sure the Streisand Effect will have little bearing on the rationality of EC’s executives, if history is any guide. Their loss.
Echoing the many, many comments above, I am so sorry that you are going through this and am throwing my support (for what it’s worth) behind you as well. Stay strong!
Count me in as a supporter!!
I am curious about the last sentence of the court filing.. was wondering if someone can help me understand this..
EC wants DA to disclose the name of anonymous commenters on the blog so the spreading of the defamatory statement can be stopped…
How does EC having the commenters names stop the spreading of the defamatory statement… by intimidation? threats? more lawsuits? Maybe I can’t see it since I’m more than a titch angry right now.
@Outraged: I understand the 100 sales rule BUT my sales are all well over that for the year on each book. Plus what is to stop them making the books very cheap and bumping the sales over the 100 mark at the last minute for the year? I am in for life – no 7 years and I get my rights back as is the case for those prior to 2007. I have asked for the rights back and been told I have no case to ask for them back. The best case scenario for me is if the business was sold – if they did go bankrupt – my books will be tied up in litigation for years. Or so I understand.
Another vote for forming a legal defense fund. I will happily contribute.
I’m appalled this is is happening to you, Jane. I would also happily contrib.
Dear Author, Jane,
Your site, along with AAR and SBTB and few other TRUSTWORTHY review sites, have saved my pocket book from throwing away good money after bad romances.
So, Keep calm and keep reporting/reviewing on….
Jane,
Just echoing the sentiments above. You have my support. I don’t comment often. But this is asinine. I will gladly contribute to a legal defense fund.
I’m so sorry to hear of this. I can’t imagine what EC is thinking. Consider me boggled. Please keep us updated and let us know how we can help.
Jane,
Please count me in as a contributor to a legal defense fund!
This isn’t just an attack on you, but an attack on all authors/readers who DARE bring up in a public forum the unconscionable shenanigans of publishers. It seems that in this age of digital peonage, we should be prepared to sign away our rights and then just sit down and shut up while being thankful for the meagre pennies (if any) thrown our way? Screw that. Best of luck with the suit.
So many others have already said what I want to say, but I really want to wish you the best of luck with this. And if a legal fund is set up, I will gladly contribute something to it (even though I can’t promise much). Also, THANK YOU. For always sharing and for fighting.
@DA Fan: Good question. I was thinking the same thing: There’s a huge logic gap in that sentence. That’s completely aside from the fact that it’s merely part of the ‘Conclusions’ section of a memorandum of ‘reasons’ cited for a TRO against other parties entirely (the defendants). (I have serious doubts over whether a claim can be brought in front of a judge that way. Seems to me, if a pleading’s straightforward wording asks for a TRO, the judge will say yes or no to that and has no reason to pay attention to ‘Oh, by the way’ requests in an attached memorandum.
Rick Moen
[email protected]
I’m so sorry to hear that this has happened, Jane. Good on you for fighting this and please keep us posted with how it’s going.
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. :)