Judge's Decision
The Judge's decision can be found in this .pdf
Neither my attorneys nor I have had time to completely dissect it, but in addition to the two errors mentioned in the previous blog post, there seem to be quite a number of errors of fact that could be made only by either ignoring the expert witness documents or by selectively choosing items to support the Random House case.
Stay tuned ... we're just getting warmed up.
Neither my attorneys nor I have had time to completely dissect it, but in addition to the two errors mentioned in the previous blog post, there seem to be quite a number of errors of fact that could be made only by either ignoring the expert witness documents or by selectively choosing items to support the Random House case.
Stay tuned ... we're just getting warmed up.
11 Comments:
I'm sorry to hear this Lew. Maybe the Brown book will go through?
Well, it does make the Dan Brown biography more of a possibility.
Even with the appeal, I would expect to have the book written and perhaps in print before things come to trial.
There are many errors in the decision and there seem to be fertile ground for appeal.
I just read it and according to him, it's all scenes a faire, facts, unprotectable ideas and a focus on the dissimilarites, not the similarities. He even used Judge Hand. I have to say I find much of it credible. What's different? Enough if we are to believe this. Are the short chapterlets a key difference? The magdalene/jesus marriage and lineage? I always dwelt on that point from my objective analysis.
I'll be interested in the counterpoints.
I think under these circumstances, aside from the horrible problems of copyright law, documenting a pattern of deception by Brown is even more necessary than ever.
I'd be glad to help if asked.
Thanks for the offer of help.
The key here is that the judge's opinion tracks the Random House briefs almost exactly -- that is, it seems written by someone who either forgot that I filed papers or deliberately ignored everything filed.
Analysis is ongoing.
The question is what is protected and what isn't? As for "series," only Angels & Demons is related to DVC. There is no question Brown borrowd thematics heavily, as all are present in Lew's books. The problem is he draped them in just enough new material to apparently get by with it. At least legally.
Novelists put in long hours, agonize over minute details, and basically turn themselves into hermits for months on end to complete their mss. Their efforts and creativity need to be protected from those who would cut corners (or cut & paste) to get ahead.
Being inspired by someone's work is one thing - credit the author when you are. But to take a plot and "add a few details" to make it your own, well, that's theft.
I gave you a link on my last post, Perdue. My hope is that, even if you can't topple the giant, at least you can raise a little more awareness. Plagiarism should not pay.
Thank you, Alex!
I have read your books and Dan Brown's books and your books are FAR superior. Dan Brown is a piece of crap who cannot write!!! The judge is an IDIOT!!! Dan Brown also plagerised from Lincoln and Baigent (Holy Blood, Holy Grail)!!!
Dan Brown is neither a particularly good writer, nor particularly original, but he has made it big in the market.
Suing successful people seems to be the order of the day. J.K. Rowling was subject to the same treatment, as we all know, and successfully defended. She should not have had to.
Bob: justice should work both ways. Just because a person is rich and famous does not give him/her the right to steal from others.
Well Doug that isn't quite right even though ot may seem like it. The last quote is accurate based on the research Lew did, and I verfified, on Brown's background. Once you see a webpage copied verbatim and passed off as his own, plagiarism is an MO. I think it is based on the evidence I've seen already, however in law it's specificity that counts. He may have eluded the law on this, but not the truth.
The biography is more important now than ever. I do think the Code is different though even though it contains themes, concepts and the "expression" of Mr. Perdue. It takes it a step further with the use of the Baigent thesis as a foundation. Not plagiarism in that case. The idea of Jesus and MM with offspring is why DVC was the black swan that it became. That's the only reason and it's spelled out in that assertion. That's the Solomon Key.
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