• 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.

Sunday, May 08, 2005

The REAL Story in Court Friday - Part 2

The second biggest argument in the Random House case contends that similarities (maybe 24%) are due to unprotected "stock" elements or scenes a faire.

The evidence we presented show that stock elements vary from genre to genre. In other words, a stock element in a thriller may likely not be a stock element in a historical novel.

The Random House attorneys had no answer and refused to address my attorney's question of why their legal filings have defined my works and Dan Brown's as thrillers up until they re-defined the books as "historical novels" in their April 22,2005 filings.

This is most likely due to the fact that we had expert testimony that proved much of the elements Random House had defined as stock elements for thrillers were NOT stock indeed.


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