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, September 21, 2005

Live Free or Die

Ironically, that's the official state motto of New Hampshire where Dan Brown lives, the Dan Brown whose publisher is trying to bankrupt me for exercising my First Amendment rights.

First Amendment rights? Remember:

-- I didn't sue them; THEY sued me.

-- I never asked them for any sort of monetary settlement. They sued me.

-- I even offered to walk away from things if they'd make a donation to rebuild the library in Gulfport, Mississippi which Katrina destroyed. They said no, then filed suit to recover their lawyer's fees.

I have a bankruptcy attorney now.

He thinks that Random House KNOWS that they don't have an honest case for going after their attorney's costs and that their attempt is a cynical manipulation of the court system so they can use a judgement against me as leverage so that I'll drop my appeal. In other words, they're using the judge to help settle the case.

Well, my First Amendment rights are not for sale and not negotiable.

NOT NEGOTIABLE. Ain't going to happen. Period.

It's obvious that Random House is desperate to keep Dan Brown off the witness stand. It's obvious by their actions that they KNOW they can't successfully get through a jury trial.

They also want to make sure that free speech is very expensive for those it disagrees with.

Any other journalist or blogger should beware. If they can do it to me, then you could be next.

Of course, that's just what they want. They want to make me an example to keep others from even thinking of seeking justice.

The First Amendment is not Random House's friend and they're using all their multi-billion-dollar global corporate might to squash it now -- when it's not convenient.

Of course, if someone tried to curb THEIR right to speech, their screams would be orbiting somewhere between Neptune and Saturn.

Live free or die. It means something to me. It means something to people in the armed forces who die, are dying and will die to defend it as one of our basic rights.

To buckle under to an arrogant, multinational corporate bully disgraces those sacrifices.

No. Hell, no.

No negotiations.

That's my answer. So don't ask.

14 Comments:

Blogger Mark said...

New Hampshire conservatives are a funny lot. They talk about freedom, but it usually boils down to supporting those with the most money. I mean they were free to get it weren't they? So to the victor goes the spoils. That's the freedom they support.

Wed Sep 21, 07:33:00 PM PDT  
Blogger Lewis Perdue said...

Well, I wouldn't blame all New Hampshire citizens for the behavior of Dan brown and his publisher.

I have many friends and acquaintances there spanning the political spectrum.

Thu Sep 22, 04:44:00 AM PDT  
Blogger Mark said...

It's evening up as of late, but judging by my relatives there that's the theme. They believe it and almost all are ministers of some sort.

Thu Sep 22, 06:19:00 AM PDT  
Blogger delli said...

I agree that you should not have to pay attorney's fees pending appeal. Also, the motion should be stayed pending appeal, so you should not even have to defend the motion. Curiously, your brief omits arguments that atty fees are not appropriate in a case of a declaratory judgment of non-infringement. Anyway, I do not believe atty fees are appropriate in this case.

But, I also agree with the court's summary judgment of non-infringement.

Stop crying about YOU getting sued first. Once the issue of possible infringement was raied by YOU, Random House had no obligation to wait to be sued. YOU started this.

p.s. Why did you stop posting the pleadings in this case? It's not over. Continue to post all documents so everyone else can see.

Fri Sep 23, 12:22:00 PM PDT  
Blogger Lewis Perdue said...

The pleadings have all been posted ... but the last two batches are here on this blog.

I have not had time to do otherwise. The Books 'n Blues fundraiser is in a week and has been eating up a lot of my.

Fri Sep 23, 04:31:00 PM PDT  
Blogger Lewis Perdue said...

my filings are HERE

Actually, Random House had an obligation simply to respond to any of my messages. By exercising that sort of reasonable due diligence, they would have avoided filing a frivolous lawsuit.

I sent them a non-threatening letter asking for information.

They responded with a gigantic "FUCK YOU and oh by the way we'll ruin you if you sue us," fax.

So just what was I supposed to do? I did not have the resources to sue, but they didn't want a PRIVATE conversation, I thus began a public one.

What would YOU have done?

It is neither illegal nor a tort for me to point out to the world that there is a considerable amount of evidence to indicate that I was ripped off.

Random House has a bit of a problem handling anyone who challenges them, thus they needed to file a lawsuit to silence me.

You disagree that I was ripped off, but others --including plagiarism experts -- agree. There disagreement about what is clearly a substantial matter that should be heard in a trial and that is why we're appealing.

At any rate, had Random House engaged in a conversation, a discussion at ANY TIME, there would not have been litigation.

But they made no effort to avoid their frivolous and completely unnecessary lawsuit.

Fri Sep 23, 05:12:00 PM PDT  
Blogger Roger said...

Interesting reading.

I found your documents but I was unable to find the publisher's documents to the court in this last dispute over fees.

Have you got them posted somewhere?

Fri Sep 23, 07:16:00 PM PDT  
Blogger Roger said...

I have perused a bit further down through your writings and found some links that say they go to the publisher's filings but they are blank.

Fri Sep 23, 07:45:00 PM PDT  
Blogger Mark said...

I responded to an agent and publisher in my case and didn't get sued so RH could have done that with Lew. They didn't. Mine didn't respond at all, but the author complained of me libeling him to his agent and publisher. Why do you think he didn't press charges?

Sat Sep 24, 06:17:00 AM PDT  
Blogger Lewis Perdue said...

Roger:

The Random House/Dan brown filings are here on Da Vinci Crock, (http://davincicrock.blogspot.com/), just scroll down to "Random House Sues Me to Recover Lawyer Costs of Suing Me"

Sat Sep 24, 07:31:00 AM PDT  
Blogger Roger said...

I'll say it again. The links don't work. They cause the following message: The requested URL was not found on this server. Please visit the Blogger homepage or the Blogger Knowledge Base for further assistance.

Sat Sep 24, 07:39:00 AM PDT  
Blogger Lewis Perdue said...

Roger:

Sorry, I misunderstood your problem.

Thank you for writing back. There was a typo in all the URLS. I have fixed those and all the links should work for you now.

My apologies.

Sat Sep 24, 08:04:00 AM PDT  
Blogger Lewis Perdue said...

Mark:

"Why do you think he didn't press charges?"

Probably for the same reason that Dan Brown is the missing party here as well. Random House has to protect the goose laying golden eggs ... but they have to do it carefully because they cannot afford to have Dan under oath.

That's why they had launch pre-emptive strike -- they need to keep this from coming to a trial because they know that the truth will be ruinous.

Sat Sep 24, 08:12:00 AM PDT  
Blogger Mark said...

I think it's exactly it Lew. If the circumstances of publication and conflict were known it would look bad for the the publisher. In your case it was shoot to kill on their part.

Great Hemingway festival out here. What a writer. I handled the medallion given him by the village in Cuba portrayed in the Old Man and the Sea. Now that's literary history.

Sat Sep 24, 07:22:00 PM PDT  

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