• 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 27, 2005

The Smoking Guns - Why No Dan Brown Affidavit? - Part 2

Whether Dan Brown, or someone else is responsible for the infringements is a curious issue which is unsettled, thanks to Random House's failure to file an affidavit. Perhaps is it part of a larger legal strategy.

The issue is vital because MOST of their April 22, 2005 filing, as well as their other legal briefs spend a vast number of words arguing that many of similarities they admit between the books are as the result of shared historical research.

But if they refuse to verify that such research was conducted by Brown, then their arguments are legally INadmissable, unverified and should be thrown out, dismissed by any discerning reader.

Their shared research argument makes for good public relations, but legally, they cannot properly rely upon that in a court of law. There are judicial standards of evidence to be met and they have failed on that score.

A court of law is a "prove it", not a "trust me" institution. Again, a no-brainer affidavit would have easily put this to rest.

In the next post, we'll see how this lack of an affidavit means that Random House has conceded by omission, my point about the shared mistake smoking gun.


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