PLEASE READ THESE FACTS FIRST:

  • Random House sued ME; not the other way around.
  • Random House filed suit to silence the facts I was posting on the web.
  • There has been NO trial on the facts, only the Random House effort to prevent a trial.
  • The only sworn statements made under penalty of perjury are affidavits from me and my experts, nothing from RH.
  • The judge refused to consider any expert analysis.
  • Despite suing me first, Random House & Sony UNsuccessfully demanded that I pay the $310,000 in legal fees they spent to sue me.
  • Contrary to the Random House spin, I am not alleging plagiarism of general issues, but of several hundred very specific ones.
  • This is not about money. Anything I win goes to charity.

Legal filings and the expert witness reports are HERE

I have a second blog, Writopia
which focuses on Dan Brown's pattern of falsehoods
and embellishment of his personal achievements.


Monday, April 25, 2005

Dodge The Issues If Discussing Them Is A Losing Proposition

The Random House attorneys are clever for sure. Rather than grapple with the facts and the systemic infringements, they prefer to misrepresent the facts, or to focus on the ways that DV Code is different from DV Legacy, Linz and Daughter of God.

This is what happens on page five of their April 22, 2005 filing.

Items 1, 5, and 7 are misrepresentations I'll deal with in another post. Items 2, 3 and 4 are typical of the Random House strategy of NOT dealing with similarities, but trying to distract attention to those areas of difference.

This latter strategy overlooks Supreme Court precedent: As Mr. Justice Learned Hand pointed out, "No plagiarist can excuse the wrong by showing how much of his work he did not pirate." (Sheldon V. Metro-Goldwyn Pictures Corp., 81 F.2d 49, 56 (2d Cir), cert. Denied, 298 U.S. 669, 56 S.Ct. 835)

You can find more information about why differences don't count like similarities do at this link. Sorry it's an image, but court filings are .pdf's that are _image_ files which means that you can neither search through them nor cut and paste text.

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