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.


Wednesday, April 20, 2005

The More We Look, The More We Find

Somebody at Random House should pick up on the fact that every time we have to do a new legal filing, we take another look at things and we find more and more infringements.

That should give them a clue as to where this is all heading. There is a LOT more like the new material below including sentence structure, word choices etc.

For example?

We're pretty familiar with the remarkable chain of IDENTICALITIES between Code and Daughter regarding the gold key, Zurich bank etc. That latter sequence has been around for a while. But when we prepared the latest set of legal filings, John Olsson and one of our other experts looked at it again and found even more. The sequence, below, has the new similarities in bold italics.

In Da Vinci Code and Daughter of God, the following sequence of events takes place precisely as presented in BOTH books and are identical in events, pacing, tone and sequence in both books:

A slain curator of art leaves a gold key,
  • Concealed in a work of art,
  • Painted on wood.
  • That work of art is named for the divine feminine at the center of the book.
  • The gold key is not a traditional key that opens a tumbler. Indeed, owing to gold's softness and malleability, a key made of it is patently impractical and, for that reason, not employed by banks, Swiss or otherwise.
  • This unique gold key is left (with no instruction) for the book's heroine
  • Who is, herself, a symbol of and related to the divine feminine.
  • The gold key allows access (but does not turn a lock) to a safe deposit box in a Zurich bank.

  • At the Zurich bank, the Protagonists are met by an elderly old world Banker.

  • While at the bank, the Protagonists make an error in behavior that could tip-off the bank officials they are not legitimate. But the moment passes.
  • While at the bank, the Protagonists are locked inside the viewing room. [see more on this, below]
  • Finally, at the end of the scene, the Protagonists must break OUT of a bank. [Very, very unusual for a thriller].
  • The contents of the container holds additional clues to finding the object of their search that send the hero and heroine to a foreign country.
  • The object of their search is a set of physical evidence and documents relating to the divine feminine at the heart of the book.
The Viewing Room

Analysis by John Olsson

In the viewing room at the bank The Da Vinci Code:

"Langdon and Sophie stepped into another world. The small room before them looked like a lavish sitting room at a fine hotel. Gone were the metal and rivets, replaced with oriental carpets, dark oak furniture, and cushioned chairs. On the broad desk in the middle of the room, two crystal glasses sat beside an opened bottle of Perrier, its bubbles still fizzing. A pewter pot of coffee steamed beside it."


In the viewing room at the bank from Daughter of God

"Ridgeway and Zoe looked silently about them. The room was the size of a luxury hotel room and furnished in much the same way. Besides the sofa and chairs, there was a television set, a rack of current magazines, a small computer terminal displaying financial quotes, and a wet bar stocked with liquor. Ridgeway went to the wet bar, set the wrapped painting down on the counter, and filled a tumbler with water from a chilled bottle of Perrier."


Langdon and Sophie = Ridgeway and Zoe

hotel room...lavish = luxury hotel room

cushioned chairs = sofa and chairs

bottle of Perrier = bottle of Perrier

"Interesting you chose Perrier," Olsson wrote. "I would have imagined most Swiss banks would probably have had Henniez, since Perrier, though owned by Swiss company Nestle, is of course French."


Locked inside the viewing room

DoG: "The door slid shut as firmly and solidly as a vault door. Ridgeway tried the knob. It was locked."

DVC: "Leaving, the banker closed the door behind him and twisted a heavy lock, sealing them inside."

Locking someone inside the viewing room is simply NOT done, NOT standard procedure and, as far as I know, simply does not appear elsewhere in any other books.

34 Comments:

Blogger Mark said...

The similarities are remarkable. I mean the characters are doing the same things at the same time. I don't recall the Grail discussion happening in DOG in the same way in the same place. Or I just don't recall it.

Wed Apr 20, 04:32:00 PM PDT  
Blogger Lewis Perdue said...

DoG doesn't have a parallel Grail discussion ... but Supreme Court Justice Learned Hand said (and this is a paraphrase) that "pointing out all the ways in which two works are different is no excuse for plagiarism."

In other words, a burglar can't defend himself by pointing out all the items he did NOT take.

Wed Apr 20, 08:50:00 PM PDT  
Blogger Vanessa said...

Dear Mr. Perdue,

I am very intrigued with the legal battle between you and Mr. Brown. I have read the "Da Vinci Code" by Dan Brown, and I have read "Daughter of God", "The Da Vinci Legacy" (2004), and I am almost finished "The Linz Testament".

I personally found that "Daughter of God" and "Da Vinci Code" very different in terms of story line and story telling. I enjoyed both, but can't say that I agree on the similarities.

Well, I have a comment on the gold key that is mentioned in various places. The original post says:
"The gold key allows access (but does not turn a lock) to a safe deposit box in a Zurich bank."

However, in "Daughter of God", it says that it does open a lock.

p314 of Daughter of God:
"Seth held his breath as Mutters inserted first the bank's key and then the one from the painting through the foil seals and into the locks."

So perhaps I am misinterpreting the statement regarding the key.
If so, I appologize.
Could you please clarify this?

Thank you very much.

By, the way, I'm really enjoying The Linz Testament. I liked the other groups that you included in the book.

Thu Apr 21, 09:19:00 AM PDT  
Blogger Mark said...

Right. I was just trying for a scene by scene matching, but I didn't recall it. I just read up past the vault scene in Code. Just past the room description.

Thu Apr 21, 11:03:00 AM PDT  
Blogger Lewis Perdue said...

Vanessa, the GOLD key in DoG is used to open the vault in the salt mine containing the Sophia Passion. It doesn't turn a lock.

It's a slight variation in something that is nearly identical in sequence, content, action, character motivation and wording. Note that the legal standard for infringement is not "identical" but "substantially similar."

There are, of course, the "smoking guns" of repeated mistakes.

Thu Apr 21, 11:33:00 AM PDT  
Blogger Lewis Perdue said...

And, of course, the gold key sequence represents just one of hundreds and hundreds of identical or near-identical things.

Thu Apr 21, 12:08:00 PM PDT  
Blogger Vanessa said...

You mentioned that the following is identical in both books (DVC & DoG).
"The gold key allows access (but does not turn a lock) to a safe deposit box in a Zurich bank."

Yes, it's in the DVC, but not in the DoG.

Perhaps I have a different version of DoG.

DoG (p314), the key obtained from the painting opens a lock to a safe deposit box at the Zurich bank.

There is no mention that the key is made of gold either.

You said that the GOLD key opens the vault in the salt mines. There is a GOLD ingot that opens the vault, but no mention of a gold key.

Are there perhaps different versions of the book out there?
Thank you.

Fri Apr 22, 11:55:00 AM PDT  
Blogger Mark said...

The gold foil covers both locks in my copy of DOG.

Fri Apr 22, 01:28:00 PM PDT  
Blogger Lewis Perdue said...

Vanessa: remember that the key here is "access."

I was clear that the gold key in both DoG and Code did "not turn a lock."

The ingot allowed access in the bank because it had the account number and then physically activated the Rube Goldberg-like mechanism in the salt mine.

Likewise, in Code, the gold key allows access, but does not turn a lock. It does not unlock a safe deposit box, but allows access by activating the Rube Goldberg-like mechanism in the bank.

Banks do not have any such thing. I think it is clear that the process was an intriguing and attractive one which was simply adapted by Brown.

Sun Apr 24, 07:53:00 AM PDT  
Blogger Lewis Perdue said...

Vanessa: I need to thank you for raising the question because the parallel with the Rube Goldberg mechanism is something I had not thought of until you brought it up.

Because such mechanisms do not exist, other than my creation first and then in Code, this adds yet one more thing to a sequence that grows and grows.

I'm sure there are more and that good, solid questions such as yours that send us back to the books will continue to turn up even more purloined details.

Sun Apr 24, 07:56:00 AM PDT  
Blogger Mark said...

He clearly adapted that detail and the others. Now the question is: is that allowed among fiction writers?

Sun Apr 24, 11:17:00 AM PDT  
Blogger Vanessa said...

You mentioned that the Rube Goldberg mechanism is in both books (DoG & DVC).
The mechanism apprears in the salt mines in the DoG, but I don't recall where it appears in the DVC.

Mon Apr 25, 11:23:00 AM PDT  
Blogger Lewis Perdue said...

Vanessa, it's the massively complicated mechanism that delivers the contents of the safe deposit box to Langdon and Sofie in the Zurich bank.

The gold "key" gives them access (like the DoG ingot) but does not actually open the safe deposit box or turn a lock.

Mon Apr 25, 11:38:00 AM PDT  
Blogger Vanessa said...

I'm not sure that the "massively complicated mechanism that delivers the contents of the safe deposit box to Langdon and Sofie in the Zurich bank" can be classified as a Rube Goldberg mechanism.

The definition as it appears in the encyclopaedia Britannica:
American cartoonist who satirized the American preoccupation with technology. His name became synonymous with any simple process made outlandishly complicated.

The only simpler way to obtain the crate in the subterranean vault (in the DVC) is to have someone physically go get it.
The robotic claw that obtains the crate and places it on the conveyor belt is just an automated process.

Tue Apr 26, 06:25:00 AM PDT  
Blogger Lewis Perdue said...

Well, Rube Goldberg refers to something that is deliberately overcomplicated, unnecessarily so.

However, we could leave that totally out of the equation and it would not affect the fact that the only way for the entire sequence to show up in DV Code is for it to have been lifted from my work.

Tue Apr 26, 07:01:00 AM PDT  
Blogger Vanessa said...

When you say "the entire sequence", are you referring to the Zurich bank sequence of events?

Tue Apr 26, 07:58:00 AM PDT  
Blogger Lewis Perdue said...

Vanessa, I am referring to the sequence of events which begins with a gold key hidden in a painting named after the female divinity at the heart of DVC and DoG ... back in the original post (to which these comments belong) the sequence begins:

"A slain curator of art leaves a gold key,

* Concealed in a work of art,
* Painted on wood."

etc., etc. etc.

Tue Apr 26, 03:44:00 PM PDT  
Blogger greg said...

no bank, no restuarant or no what-so-ever that respects itself will give you a bottle of Henniez. Especially not in the French part of Switzerland.

So yeah, it's absolutly normal to have Perrier in a Swiss bank, especially in Paris. Go find a Henniez in Paris...

And oh, btw, are the things mentioned in this post the only thing you have against Brown?

Wed Apr 27, 08:28:00 AM PDT  
Blogger Lewis Perdue said...

Uh, Greg ... There are several hundred pages of infringements comprising several thousand specific instances.

They are listed here and at http://www.davincilegacy.com/Infringement/

You'll see that the the things mentioned in this post simply scratch the surface of the plagiarism.

Wed Apr 27, 08:42:00 AM PDT  
Blogger Lewis Perdue said...

Also, Zurich is in the German-speaking part of Switzerland where Henniez can sometimes be a matter of regional pride.

A Zurich bank in Paris? Perrier is certainly plausible.

But what we are debating here is the same as if someone decided to make a copy of a Mercedes and foist it off as their own by changing the color, the hood ornament and the seat coverings.

Wed Apr 27, 08:51:00 AM PDT  
Blogger Vanessa said...

"A slain curator of art leaves a gold key, concealed in a work of art, painted on wood."

Written like this, one could say that this sequence is similar in both books. However,if you read both books, I think that the ideas behind this sequence are very different.

In DoG, the slain curator leaves a painting (which happens to have a key hidden on the painting itself.)I'm not even sure he knows that the painting has a key.

The key actually opens a lock in the Zurich bank.

In DVC, the slain curator leaves a key behind a painting. The key does not open a lock in a Zurich bank.

Both curators have very different roles in both books, and one dies at the beginning and the other dies later on.

I'm not sure at what point something is considered to be plagiarized. Most fiction books will have something similar to other books.

Wed Apr 27, 11:52:00 AM PDT  
Blogger Mark said...

The problem here is only minutia separate the two based on almost identical templates in every way.

Wed Apr 27, 01:30:00 PM PDT  
Blogger Lewis Perdue said...

Vanessa - please see my post on forensic evidence.

You can focus on one thing out of context and try to argue it to death, but the fact is that the chances of that sequence and the details -- all in context -- appearing by accident is less believable than little green men.

As Mark pointed out, the differences are minutae ... just the sort of things that plagiarists do to try to hide their crime.

Wed Apr 27, 01:52:00 PM PDT  
Blogger Mark said...

Or the occasional zag where a zig was in the first work and the like. I'm just trying to learn the limits here. At least it isn't talking about fanfiction.

Wed Apr 27, 07:17:00 PM PDT  
Blogger greg said...

hi Lewis,

quite frankly, I just don't see why a guy who wrote angels & deamons, deception point and i think another book before the da vinci code, would copy your book.

what strikes me more is that your publisher decided to republish da vinci legacy after dan brown made the da vinci conspiracy-thing popular...

anyway, i don't have the time to go trough all your arguments, so i'm certainly not saying that you're wrong, but i think it would be good if you could make a webpage showing all the things brown copied from your book!

Thu Apr 28, 04:05:00 PM PDT  
Blogger Vanessa said...

I've had a look at the comparison tables, and I think that quite a few of the items are not as they seem (not in context as well.) So to me, there are quite a few minutiae.

My final point regarding these comparisons is that I enjoyed both books (DVC, DoG), and I don't feel that the books are the same. Yes, there are similarities, but I think any fiction book will have similarities to some book or another. Good luck to both sides.

Thu Apr 28, 05:27:00 PM PDT  
Blogger Mark said...

There are substantial similarities, but the question is how much can another suthor use from another in the way of the plot, chracters, conclusion and premise? The books do read differently, yet the same stuff is occurring even on the same pages in many cases. That seems over the line to me.

Fri Apr 29, 08:26:00 AM PDT  
Blogger Lewis Perdue said...

Greg:

One of those web pages with comparisions is here:

http://www.davincilegacy.com/Infringement/expert-report.html

This is a small part of the expanded comparisons and data in our legal filings.

And my book, Da Vinci Legack, came out in 1983 -- 20 years before brown.

Sat Apr 30, 04:12:00 PM PDT  
Blogger Lewis Perdue said...

Legacy.

Sat Apr 30, 04:13:00 PM PDT  
Blogger Lewis Perdue said...

comparisons.

Gee, I have GOT to learn to his "Preview" before posting. Sorry.

Sat Apr 30, 04:15:00 PM PDT  
Blogger Mark said...

Me too.

Sun May 01, 10:19:00 AM PDT  
Blogger jel said...

Dear sir,

I am Jelorie F. Gallego a 4th year high school student. For our english mini-thesis report, we are required to prove something by comparing two authors of our choice. I would like to somehow prove that Dan Brown's Da Vinci Code is a plagiarism of your novels, Daughter of God and The Da Vinci Legacy. I have thoroughly done my research however, i found out that I cannot purchase any copy of your books here in the Kingdom of Saudi Arabia. I also couldn't find an online copy. I'm afraid that it is also too late and taxing to purchase a copy online. If it is possible, i would very much appreciate if you can e-mail me a detailed summary if not a copy of The Da Vinci Legacy and Daughter of God.

I know I'm asking too much but i hope you would consider. Thanks.

Sat Nov 05, 03:51:00 PM PST  
Blogger Lewis Perdue said...

Jel: Sorry I've taken so long responding ... I was up in ther Sierras this weekend. Please check your email as I have responded to your request in detail.

Thank you very much for your interest.

Mon Nov 07, 07:22:00 AM PST  
Blogger amy rebecca said...

I have some news to contribute to the board. Anyway, the true blood line changed their name to Smith- when they arrived in North America-family secret passed on for sometime- but, as more people in the family became devout Christiains, the legacy of the story became simply thought of as a fabrication. Now, all this is coming out, the story from my ancestors make sense. Also, some of the family chose to keep their name- the real name- that being May- Hence, Mayflower coming to the New World was the ship that arrived here with the secret. The dates are not right with the ship. They, not Puritians, were Pilgrims. Funny to say, but since my family married into Indians- Apocalypto tells a story- truth- some- The end of the story that is the Mayflower- with the Southern Cross- a good thing- The bloodline-which has been perverted for the Southerners and the Civil War. Listen to the song, Southern Cross- Crosby, Stills, and Nash- God's wife is the Word- The Muse- I just so happen to know where the family is- I don't expect for you to belive me- WHen the time is right, all will be known. Little extra to add in- Now, The Mormoms, not the Catholics, are the richest orgainization in the world- Why is that? Because Joseph Smith and the Masons were best friends- now get this- The Mormoms and genaology- they know the truth- They blackmail everyone now- the Catholics- the Masons- the government- Why else would they have a state that is all theirs? Church and State are always one- Look for the truth soon! Another fact- movie stranger than fiction- when the artist is writing it- may be fiction to them but somewhere fact for someone- many instances of this-

Mon Aug 27, 08:35:00 AM PDT  

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