Whispers and Warnings

WOW, THEIR EXCUSES ARE LAME!

Simply Read Books Faces Complaints of Late Payments, Breached Contracts “A group of Canadian children’s book…

A VERY SAD STORY

Whistle blower: Taking down two media giants “Paul Winkler was never one to easily tear up,…

Whispers And Warnings For March 18th

POLITICAL CORRECTNESS RUN AMOK! Politics, sensitivity lead India to rush to ban books, films "A British documentary. A YouTube comedy clip. A book on Hinduism. Each offended some segment of Indian society, and each was banned or suppressed as a result..." and Banned in India: Rushdie, Murugan, Fifty Shades, and... I CAN'T BELIEVE PEOPLE STILL CALL THIS OUTFIT A "CHURCH." 6 insane ways the Church of Scientology has tried to silence its critics (The "church") "purchased space on 120 billboards and 1,000 bus placards around Los Angeles, publishing ads featuring the journalists' bylines, the newspaper's name, and context-free quotes from their articles that made it seem as if their series was actually endorsing Scientology." AFTER THE LARGE BLURRED LINES JUDGEMENT, EXPECT MORE OF THESE LAWSUITS 8 Songs Accused of Plagiarism That Hit No. 1 on the Billboard Hot 100 "Whether by osmosis, coincidence, common ancestry or, you know, theft, there are plenty of hit songs that sound suspiciously similar to pre-existing material." and Why the 'Blurred Lines' Verdict Is an Uphill Battle for Copycats RELATED: Archived Whispers and Warnings are HERE. …

Whispers And Warnings For January 7th

THE PUBLICATION'S OFFICE WAS ALSO FIREBOMBED BACK IN 2011 At least 12 dead in Islamist terror attack at satirical French publication "Black-clad gunmen shouting 'Allahu Akbar!' stormed the Paris offices of a satirical publication known for lampooning Islam Wednesday, killing 12 and injuring as many as 15 before escaping, French officials said." RELATED: Prophet Mohammed in cartoons: a history "Following deadly Paris attack on Charlie Hebdo, the satirical magazine which published cartoons of the Prophet Mohammed in 2011 and 2012, we round up recent controversies over depictions of the Prophet in cartoons." SHAME, SHAME, SHAME ON HARPERCOLLINS!!! Publisher pulls atlas that omits Israel "The Tablet, a London-based Catholic weekly, had reported that Collins Bartholomew was citing 'local preferences' for leaving out Israel from the 'Collins Primary Geography Atlas For The Middle East.'" THE SAYS THE STORY ISN'T THE REASON HE LEFT. YEAH, RIGHT... Rolling Stone Libel Lawyer Leaves Wenner Media "As Rolling Stone…

Whispers And Warnings For October 8th

THERE'S NOTHING I ENJOY MORE THAN A CREATIVE HEADLINE!! 'Screwing' author allegedly screwed by publisher "The author of 'Creative Screwing: A Woman's Guide to Becoming an Erotic Enchantress of Superlustful Sex' filed a lawsuit accusing her publisher of screwing her out of royalties." Alan Leddon dba Spero Publishing is accused of "refus(ing) to send any more royalties, and stated he would retain all royalties in a separate interest-bearing savings account until plaintiff was off parole." CONTINUED KUDOS TO HACHETTE FOR FIGHTING THE GOOD FIGHT! BOOK PRICES SHOULD BE BASED ON HOW MUCH READERS ARE WILLING TO PAY, NOT BASED ON THE LARGEST ONLINE RETAILER'S DEMANDS. How Amazon's Ugly Fight With A Publisher Actually Started "Hachette's ebook sales have declined, but it remains determined to price its own e-books and loosen Amazon's grip on the market." RELATED - WE (BOOKLOCKER.COM) SUED AMAZON, AND WON. Read more about that here: http://antitrust.booklocker.com/ ANOTHER DAY, ANOTHER MUSIC PUBLISHER GETS SUED EMI Sued In Foreign Royalties Dispute With Monkees Songwriter "EMI Music Publishing is facing a new lawsuit alleging a musician has been cheated over royalties on foreign sales." I'LL SAY IT AGAIN. IF YOU DON'T WANT N*DE PHOTOS OF YOURSELF POSTED ONLINE, KEEP YOUR CLOTHES ON! AND, IF YOU DON'T, DO NOT UPLOAD YOUR PHOTOS TO CLOUD! DUMB, DUMB, DUMB! Google threatened with $100M lawsuit over nude celebrity photos, but case appears weak "A law firm representing 'over a dozen female celebrities' who had their Apple iCloud accounts hacked is now taking aim at Google, saying the search giant faces massive liability for its alleged role in the distribution of private nude photos."…

Whispers And Warnings For October 1st

WOW! DAMAGES REDUCED FROM $7.5M to $750K U.S. judge reduces copyright verdict against ex-MP3tunes chief "A U.S. judge on Monday reduced a $48 million (29.57 million pounds) copyright infringement verdict against the former chief executive of defunct online music storage firm MP3tunes, the latest turn in long running court battles between the music industry and online content providers." DOES THIS MAKE ALL PUBLICATION OF NUDITY IN AZ ILLEGAL...OR NOT? ACLU sues over Arizona 'revenge p*rn' bill "The civil rights group said the law can make any person who distributes or displays a nude image without explicit permission guilty of a felony. The group says that violates the First Amendment..." AND, FOR TODAY'S DIRTY GOSSIP... Publishing Tycoon Sues His Upper East Side Neighbors After Failing To Sell His $25 Million Townhouse "Retired publishing tycoon Dick Snyder is suing his neighbors Meredith and Bryan Verona for $60 million after he was unable to sell his mansion..." THE PUBLISHING STORY THAT NEVER ENDS... Judge approves Apple e-books price-fixing settlement "Apple's agreement to pay $400 million to consumers depends on the outcome of its appeal..." (ALLEGEDLY) USING SOMEONE ELSE'S INTELLECTUAL PROPERTY WITHOUT PERMISSION IS JUST PLAIN DUMB Universal Music Group Slaps Monster With Beastie Boys Lawsuit "Reuters is reporting that a pair of Universal Music Group units are suing Monster Beverage Corp. for sampling several songs co-owned by rap-rock icons the Beastie Boys, who won a similar lawsuit against the drink maker earlier this year..." LIBEL LAWS VARY ACROSS THE GLOBE Woman in the Philippines sued for 'libelous' posts on Facebook "A woman is facing libel charges before the Regional Trial Court (RTC) after she allegedly posted derogatory statements in the social networking site Facebook against a man who owed her money in 2013."…

Whispers And Warnings For September 24th

IF YOU DON'T WANT N*DE PICS OF YOURSELF CIRCULATED, DON'T TAKE THEM! Arizona's New Law Against Revenge P*rn "If (individuals or websites) shared or re-published any of the images of n*de celebrities that leaked online earlier this month, (they) could be charged with a felony under a new Arizona law..." GETTING BANNED CAN OFFER A TREMENDOUS BOOST IN BOOK SALES! Top 20 books they tried to ban "As Banned Books Week starts in America, we look at 20 books that were famously banned..." I FEEL SORRY FOR THIS WOMAN...BUT I DON'T THINK THIS RULING WILL STAND. Rape victim's lawsuit shows the limits of website immunity law Judge: CDA Section 230 isn't "all purpose get-out-of-jail-free card" for websites. "... appeals court ruling yesterday may join the small batch of precedents that set out the murky limits of CDA Section 230. A three-judge panel of the US Court of Appeals for the 9th Circuit has allowed (PDF) an alleged rape victim to sue ModelMayhem.com, a site she says was used by her attackers..." DID YOU KNOW THERE'S A FIRM THAT MONITORS SOME COLLEGE STUDENTS' ONLINE ACTIVITY? Social media policies of student-athletes criticized "Last year, UNC softball players were not allowed to post any of their photos from Halloween on Franklin Street to Facebook - at least, not without a coach's permission." I THINK GOOGLE MAY NEED MORE EMPLOYEES SOON! The British Phonographic Industry (BPI) said it has sent Google 100 million takedown notices "And, now they're complaining 'that the internet search firm does not respond quickly enough.'"…

Whispers And Warnings For September 17th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9389 WARNING - PROFANITY (We are altering the URLs below with asterisks) Amazon owns the domains f*ckamazon.com and boycottamazon.com "Yesterday, after seeing the photo to the right on Twitter, I wondered if the web address f*ckamazon.com was availableÛas a businessman and an entrepreneur, IÌm always looking for new opportunities..." A PUBLISHER MAY BE TRACKING YOUR MOVES ONLINE HarperCollins Is Now Using Digital Watermarks To Stop Ebook Piracy "Publishers have hit upon a solution that they hope will trip up pirates: an invisible, traceable watermark on every ebook sold. These watermarks allow publishers to track the source of the leak and take necessary steps to plug the hole." THIS ADDS TO CNN'S RECENT DIFFICULTIES CNN Ordered to Rehire 100 Workers, Compensate 200 Others by Labor Board "CNN has been ordered by the National Labor Relations Board to rehire 100 workers and compensate an additional 200 others in relation to a labor dispute dating back to 2003." ARE THESE NET ROYALTIES **REALLY* BASED ON NET? Suit over Ellington royalties rekindled "Jazz composer Duke EllingtonÌs grandson has urged New YorkÌs highest court to reinstate his lawsuit seeking half the foreign royalties from EllingtonÌs music for his heirs." IT'S OKAY TO BRIEFLY QUOTE, AND TO LINK BACK, BUT IT'S NOT OKAY TO REPUBLISH THE ENTIRE SITE News aggregation: Fair use, legality and way forward "Is it a dichotomy that while newspapers across the globe are shrinking, news aggregators such Google News, Huffington Post, Pulse, Flipboard and many others have grown in number and popularity." THIS IS GREAT NEWS! Harper to Provide Express Shipping for Indie Bookstores! "From November 3 through January 16, HarperCollins and HarperCollins Christian Publishing will offer expedited (and in most cases two business day) shipping as part of its newly introduced Holiday Express Shipping program for independent bookstores." WHEN CONTENT PROVIDERS DON'T GET PAID If Only Pageviews Were Dollars "...starting at TomDispatch, my piece got re-posted on some 30 blogs and Web zines, from the Huffington Post to Island Breath. For a day and a half, the ratings of my book on Amazon surged." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9389 RELATED: Archived Whispers and Warnings are HERE. …

Whispers And Warnings For September 3rd

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9387 I'M CURIOUS WHAT INFORMATION EBONY HAS OBTAINED ABOUT THIS TRAGEDY Parents (of classmates) sue 'Ebony' magazine for slander, libel in GA teen's death "Ebony magazine is facing a $5 million lawsuit over its coverage of the death of a Georgia teen found in a school gym mat." IF YOU CAN'T EASILY PROVE IT, DON'T PUBLISH IT! Settlement reached in defamation case over Schapelle Corby book "The publisher and the author of the book Sins of the Father, about convicted drug smuggler Schapelle Corby and her family, have reached a settlement with members of the Corby family in their long-running defamation lawsuit. The Corbys said the book falsely asserted they benefited financially from Schapelle Corby's conviction and sentencing, and that it falsely asserted they were involved in drug-related activity." BARRING A PRE-EXISTING CONTRACT, IF SOMEONE ELSE TAKES A PHOTO OF YOU WITH YOUR PHONE, THEY OWN THE COPYRIGHT, NOT YOU! Who Owns the Rights to Jennifer Lawrence's N*aked Photos? "The copyright of the other images in question is owned by the photographer, not the subject. The site is now demanding proof of Lawrence's copyright or the name of the photographer." I CAN'T BELIEVE A LAWYER WAS DUMB ENOUGH TO FILE THIS LAWSUIT Amazon.com Inc. can't be held vicariously liable for copyright infringement done by its affiliates, a federal appeals court held Aug. 29. "The court held that because Amazon couldn't "supervise and control" the infringement, the company couldn't be sued for vicarious liability." GREAT ADVICE FROM ATTORNEY TROY MEYERSON! Has Your Content Been Stolen? A Lawyer's Guide To Defending Your Online Content "As an attorney who has been advising websites, affiliates, and networks across the country for a decade, I know many Internet marketers see the law as an obstacle. What do I have to disclose? What am I allowed to say in an ad? How quickly do I have to respond to an email opt-out? And so on." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9387 RELATED: Archived Whispers and Warnings are HERE. …

Whispers And Warnings For August 27th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9386 ADMIT IT. THE HEADLINE MAKES YOU SMILE! CBS Being Sued Over Bert the Farting Hippo "Folkmanis, Inc., which manufactured the original stuffed animal used as Bert, is suing CBS and affiliated companies, alleging that the network has been selling unlicensed Bert the Farting Hippo toys manufactured by a company in China..." YES, EVEN BOOK REVIEWERS GET SUED! Architect sues The New York Review of Books Over Article by Critic Martin Fuller "Mr. Filler wrote a review of a 370-page book on architecture in which Ms. Hadid's name is mentioned in fewer than 20 pages. Mr. Filler's book review, by contrast, mentions Ms. Hadid in nearly two-thirds of its paragraphs..." APPARENTLY, GOOGLE IS EXPECTED TO COMPLY WITH EVERY COUNTRY'S LAWS Google Autocomplete's Brushes With Libel "Can an automated Google feature that ostensibly helps users with a search be a basis for libel? Courts in Germany, Italy and Hong Kong have had to field that question..." IS RE-ENACTING NON-FICTION COPYRIGHT INFRINGEMENT? 'Deep Throat' production company loses 'Lovelace' copyright case "While Arrow Productions complained that 'Lovelace' copied three key scenes from the 1972 film, Griesa concluded that the recreation constituted fair use under federal copyright law." WHEN YOU THREATEN A LAW FIRM THAT SPECIALIZED IN COPYRIGHT CASES...YOU BETTER HAVE YOUR FACTS STRAIGHT! Getty Images Sued Over Settlement Demand Letter: 'Unfair, Deceptive Scheme,' Copyright Lawyers Claim "Known for demanding payment from unsuspecting web publishers, Getty Images was slapped with a lawsuit for "deceptive business practices. IP Law Group claims it never displayed the Getty-owned image on its website. Rather, the texting-woman photo was syndicated through a plugin operated by Zemanta Inc., a software company that provides third-party content to Web publishers." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9386 RELATED: Archived Whispers and Warnings are HERE. …

Whispers And Warnings For August 20th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9385 ARRESTING JOURNALISTS ONLY FANS THE FLAMES OF CIVIL UNREST! Law, History Support Arrested Reporters "Wesley Lowery and Ryan Reilly, the Washington Post and Huffington Post reporters who were arrested Aug. 13 in Ferguson, Mo., while covering the bloody protests in that St. Louis suburb, have history and the law on their side." Duh DUH! Duh DUH!! Duh DUH!!! The Bizarre Story of How the Original Poster For Jaws Went Missing Paul Bacon, one of the foremost book illustrators of the 20th century, created the original black-and-white image for the Doubleday hardcover (pictures in the article). But the artist credited with creating the quintessential 'Jaws' image is Roger Kastel, who became famous in the 1970s for his movie posters... A JURY DISAGREED Lake Oswego mayor: Chris Kyle 'did not lie' "In wake of Ventura defamation verdict, Kent Studebaker tells his story..." THEY'RE NOT SEEING THE POTENTIAL LONG-TERM CONSEQUENCES OF AMAZON'S ACTIONS. REMEMBER WHAT WALMART DID TO NEIGHBORHOOD STORES? WHAT IS AMAZON ENDS UP PUTTING MOST TRADITIONAL PUBLISHERS OUT OF BUSINESS? HOW GOOD IS THAT FOR THE READING PUBLIC?! Amazon.com's treatment of customers means more to US antitrust authorities than how the largest Web retailer pressures publishers and movie studios. "Amazon.com's treatment of customers means more to US antitrust authorities than how the largest Web retailer pressures publishers and movie studios." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9385 RELATED: Archived Whispers and Warnings are HERE. …

Whispers And Warnings For August 13th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9384 THE WRATH AGAINST AMAZON SPREADS Plot Thickens as 900 Writers Battle Amazon "Amazon's dream of dominating the publishing world has run into some trouble..." AND... Bestselling authors take out full-page New York Times ad against Amazon "Stephen King and Donna Tartt among those petitioning Amazon to 'stop harming the livelihood of the authors.'" ALLEGED PLAGIARISM (AND MORE) MEANS FALL FROM GRACE LifeWay Pulls Mark Driscoll's Books from Shelves "In a move that had been rumored for some time, LifeWay Christian Resources has suspended sales of Mark Driscoll's books, pulling them from its website and from the shelves of its 180 Christian bookstores." EXCELLENT ARTICLE FROM FINDLAW.COM ON PLAGIARISM! Plagiarism: 5 Potential Legal Consequences "As college students prepare for to start their fall terms, the unfolding saga of Senator John Walsh's plagiarized college paper should act as a warning of the potential perils of academic plagiarism." HARDWORKING, COURAGEOUS STUDENT JOURNALISTS! Newspaper sues for access to surveillance video "A student newspaper covering the January murder of a Purdue University student has filed suit against the university for access to surveillance video recordings showing a confrontation between police and a journalist." SOMETIMES A #2 PENCIL JUST MAKES MORE SENSE... Law students sue when software fails "Perhaps law students were the wrong crowd to anger. Thousands of law students attempting to take the bar exam in 42 states got a nasty surprise: They couldn't upload their answers." GOOGLE ALLEGEDLY HAD THE OPPORTUNITY TO REMOVE THEM, BUT DID NOT Now Google Autocomplete Could Be Found Guilty Of Libel In Hong Kong "A court has ruled that a Hong Kong tycoon can sue Google over its autocomplete results suggesting he has links to organized crime." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9384 RELATED: Archived Whispers and Warnings are HERE. …

Whispers And Warnings For August 6th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9383 GIVE UP YOUR DOMAIN NAME, AND SHUT DOWN YOUR FACEBOOK PAGE Amazon Flexes Muscle Against Blogger "On Monday, Elias Saba, owner of the website FireTVNews.com received an email from the company asking him to turn over his domain name because it infringed on their trademark of the word 'Fire,' the go-to name for a number of Amazon's devices." READERS ALREADY TIRING OF E-READERS. THIS IS NO SURPRISE. I GOT BORED WITH MY NOOK LONG AGO, AND ONCE AGAIN READ PRINT BOOKS ONLY. THIS IS ANOTHER REASON AUTHORS SHOULD NOT ABANDON PRINT PUBLISHING. Read or dead: is this the end for the ereader? Only "36% of adults own an ereader (half of them received it as a gift), but only 4% of people surveyed read solely on a digital device." ALWAYS READ THE FINE PRINT! NY Inn Claims on Its Website to Fine Brides $500 for (each) Negative Online Reviews (posted by wedding guests) "A small-town inn is catching big-time heat for its policy of fining brides and grooms for negative reviews their wedding guests post online." SEPARATE AND POSSIBLY SELL??? NOT A BAD PLAN. Gannett to spin off publishing business "Gannett, the owner of USA Today, said Tuesday that it will create two publicly traded companies next year as it moves to separate its broadcasting and digital businesses from its publishing division, a strategic move similarly adopted by competitors to shield more profitable business lines from the decline in print advertising." ONE-THIRD OF EBOOK SALES ON AMAZON ARE FOR SELF-PUBLISHED BOOKS. THAT'S NOT CHUMP CHANGE, FOLKS! Surprising Self-Publishing Statistics "The Author Earnings report takes its data from 7,000 top selling digital genre titles on Amazon's category bestseller lists. It found..." "YOU RUINED MY WEDDING - AND YOU'RE SUING ME?" More dentists and wedding singers insist on non-disparagement clauses "By signing on the dotted line, or agreeing to those endless terms of service, some customers are unwittingly giving away their right to free speech..." FALSELY POSTING ABOUT INDIVIDUALS AND BUSINESSES CAN BE VERY EXPENSIVE! Damages awarded to Belfast man over false ad on gay website "Mr. Swain was awarded a total of £20,000 (plus legal fees), including aggravated damages, to cover both his libel and harassment claims." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9383 RELATED: Archived Whispers and Warnings are HERE. …

Whispers And Warnings For July 30th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9382 IF YOU CAN'T PROVE IT, DON'T PUBLISH IT! YOUR FAMILY MAY HAVE TO PAY FOR YOUR WORDS AFTER YOU'RE GONE! Jesse Ventura wins lawsuit over 'American Sniper'; passage to be deleted "A federal jury in St. Paul awarded Ventura over $1.8 million in damages on Tuesday, finding that a section of the book defamed Ventura." HAVE YOU BEEN BULLIED BY AN ADULT ON SOCIAL MEDIA? Bullying not just child's play "Cyber harassment is the adult form of teen cyber-bullying. It is used to elicit hostile reactions toward the victim and may include defamatory posts, copying, altering and sharing of photos without copyright permission, or sending unwanted e-mails and texts." GROSS. JUST...GROSS. Journalists subpoenaed in 'pink-slime' suit "At least four journalists and a writer have been ordered to hand over documents to attorneys representing the largest manufacturer of "pink slime," the latest development in Beef Products Inc.'s $1.2-billion defamation lawsuit against ABC News and others." THIS ISN'T SURPRISING... Why Is Amazon's Net Income Since '97 Less Than Facebook's in 2 Years? "Facebook's profit totals about $5 billion since its second quarter of 2012, the first quarter following its IPO, according to its earnings reports. Amazon's total profit since 1997 is $3.1 billion, though the company's accounting methods vary in some of its quarters, according to financial data firm FactSet." SCHOOL LIBRARIES IN WISCONSIN SEVERELY CULLED BY NON-LIBRARIANS! Librarians concerned over removal of books "Dozens of Unified faculty, staff, students and parents called on the Board of Education Monday night to stop district workers from removing thousands of books..." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9381 RELATED: Archived Whispers and Warnings are HERE. …

Whispers And Warnings For July 23rd

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9381 THIS IS AN EXCELLENT ARTICLE! A Look at Copyright Myths We Need to Work Together to Kill. Now. "Copyright myths remain a common plague on small press publishing, self-publishing, and freelance writing and art despite the ease of accessibility to reliable sources online..." WE'VE BEEN TALKING ABOUT THIS FOR YEARS. TRADITIONAL PUBLISHING IS *NOT* A GOOD DEAL FOR MOST AUTHORS. Traditional publishing is 'no longer fair or sustainable', says Society of Authors "Chief executive of 9,000-member UK group argues that while 'authors' earnings are going down generally, those of publishers are increasing.'" I'LL SAY IT AGAIN! YOU CAN'T USE SONGS (NOT EVEN LYRICS) WITHOUT PERMISSION!! YouTube star Michelle Phan sued over copyright Ultra Records claims "she has used about 50 of their songs without permission in her YouTube videos and on her own website." THAT CHARACTER LOOKS NOTHING LIKE LINDSAY LOHAN! 7 hilarious reasons celebrities have sued video game companies "How many celebrities have brought legal action against oblivious, unsuspecting, or secretly sneaky game publishers?" DID ANYBODY REALLY THINK HACHETTE WOULD BE THE ONLY VICTIM? YOU CAN BET ALL THE BIG PUBLISHERS ARE IN AMAZON'S SIGHTS! Amazon Now In Talks With Simon & Schuster Over E-book Profit-sharing "Amazon.com, Inc. has begun talks with book publisher Simon & Schuster, Inc., a division of CBS Corp. (CBS: Quote) over e-book pricing and profit sharing..." PUBLISHER WINS LAWSUIT FILED OVER MEMOIR Court Dismisses $1 Million Lawsuit Filed Against Publisher "Skyhorse Publishing and Author Fred Stoller Win Seinfeld Related Defamation Lawsuit Brought by Kenny Kramer, the Real Life 'Cosmo Kramer.'" DON'T USE ANOTHER AUTHOR'S FICTIONAL CHARACTERS IN YOUR BOOK! Sherlock Holmes and the mystery of copyright "The estate has been attempting to block a California lawyer and Holmes fancier, Leslie S. Klinger, from publishing a new book about the two characters unless he is willing to get a license from the estate and pay a fee." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9381 RELATED: Archived Whispers and Warnings are HERE. …

Whispers And Warnings For July 16th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9379 THIS ARTICLE LISTS "15 COMPANIES WHERE INTERNS MAKE BIG BUCKS" These Interns Make More Money Than the Average U.S. Family "Unpaid internships are controversial, sometimes illegal. Yet some interns get paid very well..." ISN'T THIS HOW MOST CITY COUNCILS WORK, TOO? Detroit Free Press sues U-M, alleging regents regularly violate Open Meetings Act "The news organization said regents make many decisions in private before once-a-month public sessions that amount to little more than a rubber-stamp to what's already been decided." IF THE SCHOOL HIRED HIM TO DO THIS, I'M NOT SURE HOW HE COULD CLAIM TO OWN THE COPYRIGHT Judge dismisses school coupons copyright lawsuit "Michael Ward argued that he helped design coupon books for Knox County Schools for almost two decades, but was then cut out of the program." OUR CHILD DID THIS ONCE (not through Amazon). WE REMOVED THE APP AND, VOILA! NO MORE UNAUTHORIZED CHARGES FTC Sues Amazon Over Millions in Unauthorized Children's In-App Purchases "The Federal Trade Commission has filed a lawsuit against Amazon, claiming the online retail giant billed parents millions of dollars for unauthorized charges made by children..." REVENGE P*RN IS ONLY ILLEGAL IN 11 STATES Anonymity Network Tor Sued For Allegedly Protecting A Revenge P*rn Business "Tor, which offers encrypted software and an open network of protected communications, has been sued in the state of Texas over a revenge porn website that used its free service." IT NEVER CEASES TO AMAZE ME THAT LAWYERS WILL FILE RIDICULOUS LAWSUITS LIKE THIS ESPN blows off the lawsuit from the sleeping Yankees fan "...but dude: if no one from ESPN actually said the stuff you said they said in your complaint you're gonna get your butt handed to you by an angry judge." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9379 RELATED: Archived Whispers and Warnings are HERE. …

Whispers And Warnings For July 9th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9376 IN MY OPINION, THE CHURCH SHOULD HAVE KNOWN BETTER BUT I DOUBT THIS LAWSUIT HAS MUCH LEGAL MERIT Muslim who converted to Christianity sues church for publishing baptism news "A former Muslim who converted to Christianity has filed a civil lawsuit against a Tulsa church, arguing that leaders endangered his life by publishing his baptism announcement." AFTER A PLAGIARISM ACCUSATION, "ACCIDENTAL" LACK OF ATTRIBUTION IS NOT A GOOD LEGAL DEFENSE! Veteran's social media suit seeks to define libel "A defamation lawsuit filed by a recent University of Arizona graduate and disabled Iraq war veteran claims social media attacks on him have crossed the line from banter and insults to libel." MODELING A CHARACTER IN YOUR BOOK AFTER A CELEBRITY CAN BE VERY EXPENSIVE! Scarlett Johansson Wins Defamation Lawsuit Against French Writer "Johansson's claim in a French court was that Delacourt's book made false claims about Johansson's private life through the protagonist in his novel..." WE STOPPED BUYING FROM AMAZON BACK IN 2008 WHEN WE SUED THEM, AND WON Authors call on readers in Amazon book battle "An open letter to readers picking up momentum online Thursday had racked up more than 60 signatures including those of Lee Child, James Patterson, Hilary Spurling, and Scott Turow. 'It is not right for Amazon to single out a group of authors, who are not involved in the dispute, for selective retaliation.'" A VERY INTERESTING READ! The Untold Story Behind Why I Am a Narco News Journalist "Given I no longer work for ACBJ, and am no longer dependent on a paycheck from them to help feed young children - since my four kids now ten years later are adults - I am finally at liberty to tell the story without fear of job-ending retaliation from an employer." SOME INTERNSHIPS ARE SLAVE LABOR. PLAIN AND SIMPLE. No More Working for Peanuts: The State of the Intern "In recent years, the venerable system of the American intern has grown into a shadow labor market - becoming what many call an exploited talent pool that persists while mostly drawing nothing more than a wink and a nod." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9376 RELATED: Archived Whispers and Warnings are HERE. …

Whispers And Warnings For July 2nd

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9376 I WAS SHOCKED WHEN WRITER'S DIGEST GOT INTO BED WITH AUTHOR SOLUTIONS IN THE FIRST PLACE! Writer's Digest Ends Association with Author Solutions "Writer's Digest owners F+W Media were always aware of the precarious links with ASI from day one of the announced partnership..." MORE ABOUT THE WRITERS DIGEST / AUTHOR SOLUTIONS DIVORCE BY DAMIEN WALTER "This is highly significant as a bellwether of publishing industry attitudes to the controversial vanity publishing operations run by Author Solutions..." I PREDICT THIS EBOOK RESALE STORE WILL BE SHUT DOWN The right to resell ebooks - major case looms in the Netherlands "On Tuesday this week, a local startup called Tom Kabinet opened the virtual doors on its secondhand ebook bookstore..." YOU'D BE SURPRISED HOW MANY COMPANIES ARE PROFITING FROM YOUR PERSONAL INFORMATION Woman Files Lawsuit Against Magazine Publisher "A Huron County woman has filed a federal class-action lawsuit alleging an Iowa magazine publisher illegally shared personal information about her and other Michigan magazine subscribers, and demanding $5 million on the group's behalf..." WHEN YOUR COMPUTER CACHES A WEB PAGE, THAT IS **NOT** COPYRIGHT INFRINGEMENT. PRETTY RIDICULOUS CASE! Viewing a Web page isn't copyright infringement, top EU court rules "The legality of this common practice came into question in Europe as a result of a years-long tussle involving U.K. newspaper publishers, a public relations association and a company that aggregates and redistributes news articles." VICTORIA STRAUSS DISSECTS THE AMERICAN WRITING ASSOCIATION American Writing Association: A Service Writers Don't Need Victoria Strauss writes: "In other words, American Writing Association is a new iteration of a very old scheme: the literary agent middleman." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9376 RELATED: Archived Whispers and Warnings are HERE. …

Whispers And Warnings For June 25th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9375 I DON'T THINK "TANGIBLE RIGHTS" BASED ON A BOOK INCLUDE SLOT MACHINES AND VIDEO GAMES Warner Bros. Wants to Disqualify Tolkien Lawyers in 'Hobbit' Fight "The estate of J.R.R. Tolkien and book publisher HarperCollins launched the lawsuit in November 2012, claiming Warner Bros. and Saul Zaentz Co. had infringed copyright and breached contract by taking Lord of the Rings and The Hobbit into allegedly impermissible places." REMINDER - BARNES AND NOBLE AND MANY OTHER STORES SELL THE SAME BOOKS AS AMAZON! Apple Is Happy to Take Your Money if Amazon Won't "Fresh off of settling a lawsuit that accused it of collusion with publishers, Apple is ready to take the money you were planning to give to Amazon but can't." IF A SITE DOESN'T COMPLY WITH DCMA TAKEDOWN NOTICES, THEY MAY BE COMPLICIT IN COPYRIGHT INFRINGEMENT LeaseWeb Settles Copyright Infringement Lawsuit with Adult Publisher Perfect 10 "Perfect 10 argued that LeaseWeb was complicit in the copyright infringement since it failed to process the 22 DMCA notices Perfect 10 sent to LeaseWeb in 2013." A DOPPELGANGER DINER! San Diego restaurant claims copyright infringement "The suit claims the Arizona restaurant ripped off nearly every aspect of the restaurant: the name, the colors, the wrestling motif..." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9375 RELATED: Archived Whispers and Warnings are HERE. …

Whispers And Warnings For June 18th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9374 THIS WASN'T A SURPRISE Gossip site wins appeal of cheerleader's libel lawsuit "A former Cincinnati Bengals cheerleader should not have been allowed to sue an Arizona-based gossip website over online posts about her sexual history, an appeals court ruled Monday in a case watched closely by Internet giants including Google and Facebook." WHEN DMCA TAKEDOWN NOTICES ARE ABUSED Wordpress hits false DMCA takedown with demand for $10k "One area where we've seen a number of problems is the censoring of criticism through abuse of copyright law.... A common form of censorship by copyright stems from improper use of legal creations called DMCA takedown notices. The DMCA system works pretty well, but has a few overlooked flaws that have made it too easy to abuse." - Wordpress general counsel Paul Sieminski LINKEDIN SUED FOR THEIR UNRELENTING "SPAMVITATIONS" Email Invites From LinkedIn Criticized As Sp*m, Lawsuit Filed "The complaint is based on the LinkedIn feature that invites new users to 'Connect with people you know' as well as to existing users to 'See who you already know.' It makes matches based on users' email address books and then emails the contacts with automated emails - and worse, it follows up twice!" CAN WE ALL JUST GET ALONG, AND MOVE ON? Apple, States Settle E-Book Damages Phase "In a major turn of events, attorneys for the plaintiff states and consumer class informed Judge Denise Cote on Monday that they have reached a tentative settlement with Apple on monetary damages." INTERESTING THAT IT'S ILLEGAL FOR GROUPS TO LIE DURING POLITICAL CAMPAIGNS...BUT POLITICIANS GET AWAY WITH IT ON A DAILY BASIS. Supreme Court Delivers Key Free Speech Decision "This decision affirms the principle that a person, organization or business should not have to risk prosecution to challenge the constitutionality of a law," said David Horowitz, executive director of Media Coalition... Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9374 RELATED: Archived Whispers and Warnings are HERE. …

Whispers And Warnings For June 11th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9373 ANOTHER CONTENT MILL BITES THE DUST. (GOOD RIDDANCE!) Writing Life: Goodbye, Helium "Helium announced it's own demise recently, hardly surprising to hundreds of excellent writers who had already left in droves." THE SLOW DEMISE OF TRADITIONAL PUBLISHING Hachette Book Group lays off 3% of its staff. "Hachette says the layoffs were planned before its recent standoff with Amazon.com." AMAZON WON'T STOP UNTIL MILLIONS OF CUSTOMERS REVOLT Colbert assails Amazon over delayed book shipments "Saying that he's not just mad at Amazon, but 'mad prime,' Colbert assailed the online retailer on his Comedy Central program Wednesday night." WALMART...AND THE WALMART OF THE INTERNET (AMAZON) Walmart Cashes In On Amazon's Feud With French Publisher Hachette "As a result of discounted titles filling the vacuum left by Amazon, Walmart has reported an increase of 70 percent in sales as of Tuesday. Other booksellers are following suite." THE GOVERNMENT SUES A BLOGGER SO HE GETS FIRED FROM HIS GOVERNMENT JOB Singapore blogger sued by PM for libel fired from job "A Singaporean blogger sued by Prime Minister Lee Hsien Loong for libel has been fired from his job as a healthcare worker (for a government-run hospital) for 'improper public conduct', his employer said Tuesday." IT'S ABOUT TIME! Twenty Years Later, Landmark Digital Lawsuit Concludes "Judge George Daniels yesterday approved a revised $18 million settlement in In Re Literary Works in Electronic Databases, culminating 20 years of litigation that began with the landmark Tasini vs. New York Times case." WE ARE WITNESSING THE THE DISSOLUTION OF COPYRIGHTS Second Circuit Upholds HathiTrust Verdict "In its decision Tuesday, a three-judge panel of the Second Circuit upheld Baer's fair use analysis, holding that the scanning of entire works for the purpose of creating a full-text searchable database is 'a quintessentially transformative use.' The court also held that scanning entire works-and, indeed creating multiple copies of those works-was also permissible." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9373 RELATED: Whispers and Warnings Archives

Whispers And Warnings For June 4th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9371 A REVEALING EXPOSE' ON AUTHOR SOLUTIONS - OWNER OF AUTHORHOUSE, XLIBRIS, IUNIVERSE, TRAFFORD, PALIBRIO, PARTRIDGE AND OTHERS The Case Against Author Solutions, Part 1: The Numbers "The class action goes into voluminous detail about numerous and repeated errors that were made at every stage with the plaintiffsí manuscripts ñ and this tallies exactly with complaints I have received..." WILL JAMES RISEN REVEAL HIS SOURCE, OR GO TO JAIL? Justices reject reporter's bid to protect source "The Supreme Court on Monday refused to get involved in the case of a reporter who has been ordered to testify at the trial of a former CIA officer accused of disclosing classified information." I WONDER HOW MUCH SHE PROFITED, PERSONALLY, FROM THIS Anti-sex slavery "hero" (and author) in Cambodia resigns after Newsweek exposÈ "Her personal story wasn't true, according to a Newsweek exposÈ..." I WONDER IF THIS IS RELATED TO AMAZON'S RECENT ACTIONS... U.S. Goes Back to Publishers on Prices "Two years after three major book publishers settled a major civil antitrust lawsuit with the federal government, the Justice Department has gone back to the publishers asking about any recent pricing discussions they may have had with others in the industry..." THE SINGAPORE GOVERNMENT MAY REGRET TRYING TO SILENCE THEIR CRITIC! Blogger in Singapore uses crowdfunding to fight PM's defamation suit "A Singaporean blogger sued for damages by Prime Minister Lee Hsien Loong said Monday he had successfully raised fees for his legal defence in just four days through crowdfunding." IT'LL BE INTERESTING TO SEE WHAT HAPPENS WITH THIS Texas women sue 'Fifty Shades' publisher for royalties, advances "Two Texas women, who said they were part of the original publishing team for "Fifty Shades of Grey," have filed a lawsuit seeking money from the global best-seller that they allegedly were tricked into surrendering by their Australian partner." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9371 RELATED: Archived Whispers and Warnings

Whispers And Warnings For May 28th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9370 I'M PRETTY SURE IT'S MORE ABOUT AMAZON'S BOTTOM LINE THAN IT IS ABOUT THE CUSTOMER... Amazon Breaks Silence on Contentious Hachette Dispute "Amazon broke its silence over the ongoing dispute with Hachette Book Group on Tuesday night with a post seeking to put the ecommerce company on the side of consumers." DOTH GOOGLE PROTEST TOO MUCH? Will 'Evidence' Show Google Stole Money From Publishers? "Media coverage has been highly skeptical of the allegations, which Google has dismissed as 'complete fiction,' but the suit remains, and the 'leaker' claims to have plenty of evidence of the company's guilt." WHEN LARGE COMPANIES DO REALLY STUPID THINGS! Beastie Boys fight for rights to songs in trial vs. Monster Beverage Corp (the energy drink company) "The Beastie Boys had made a choice years ago to not license their music to promote commercial products like the caffeine-filled drink sold by Monster, which was required to seek a license." Monster didn't, and used the music anyway. IF THIS ALLEGATION IS TRUE, SHAME ON THE DEFENDANTS Spike Lee Sued Over Movie Poster Designer "Garcia claims copyright infringement as well as the more rare claim of a violation under 17 U.S.C. 1202. The latter claim has to do with the alleged alteration of copyright management information." ANOTHER DAY, ANOTHER ACCUSATION AGAINST A NETWORK FOR AN ALLEGED STOLEN IDEA Marilyn Monroe Impersonator Sues Dreamworks For $10 Million "She claimed that the show Smash stole her idea and even featured many of her story lines including Monroe ghost appearances and situations with characters and their boyfriends. Weiss said the plot, wardrobe and even the overall theme of Smash is stolen from her." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9370

Whispers And Warnings For May 21st

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9369 I HAD A PET RAT ONCE. CUTE LITTLE FELLA! Pest control company owner files lawsuit against Sun-Times, reporter "Easter was interviewed in late January by Esposito for a story about the effect of the winter on rats, according to the suit. In the story, Esposito quotes Easter as saying he has a pet rat named Charlie, and that he traps and releases rats in local parks instead of exterminating them. The exterminator denies making the statements." WE'LL BE WATCHING THIS ONE. Google Sued Over Conspiracy Theory That It Defrauded Thousands Of Publishers Of Ad Money "Google has been sued over allegations that it suddenly and without explanation withholds ad money from web site publishers once their sites become successful." AND, ANOTHER COPYRIGHT ACCUSATION OVER SONG LYRICS... Guitarist's estate says Led Zeppelin lifted 'Stairway to Heaven' part "It's a time-tested, if not always a time-honored, tradition in pop music: accusations of copyright infringement over a classic song." HACKERS (CUBAN GOVERNMENT?) REDIRECTED READERS TO A SITE CRITICIZING THE BLOGGER. Cuban blogger's news site hacked after going live "Cuba's first major independent general-interest news outlet in five decades was hacked on Wednesday shortly after being launched by the country's best-known dissident blogger." THE STATUTE OF LIMITATIONS WILL LIMIT HER POTENTIAL AWARD The Supreme Court Will Allow the Daughter of a 'Raging Bull' Screenwriter to Sue MGM "The Supreme Court gave screenwriter Frank Petrella's daughter Paula the right to sue MGM over copyright infringement pertaining to the film Raging Bull." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9369

Whispers And Warnings For May 7th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9367 THIS ISN'T SURPRISING... My Amazon Bestseller Made Me Nothing "My novel shot to the top of the site's bestseller list last summer. You won't believe how little I got paid..." HELL HATH NO FURY... Smokey Robinson's Ex-Wife Demands Share of Hit Songs "Did the singer-songwriter commit constructive fraud nearly three decades ago when he got a divorce and failed to mention that he might one day have the power to reclaim rights to his songs?" SURE SEEMS LIKE LOTS OF SHADY THINGS WENT ON THERE... Steve Jobs defied convention, and perhaps the law "That's the provocative question being debated in antitrust circles in the wake of revelations that Jobs, the co-founder of Apple who is deeply revered in Silicon Valley, was the driving force in a conspiracy to prevent competitors from poaching employees." STEAMY! Harlequin romance novels fall into the arms of Murdoch "Harlequin, the global queen of bodice-ripping books telling tales of romance between doctor and nurse, or servant and heir, has been seduced by media magnate Rupert Murdoch." ANOTHER DAY, ANOTHER WRITER-SUING-HOLLYWOOD STORY Screenwriter To George Lucas: ÎYou Stole My Script!' "Many say Star Wars director George Lucas has the biggest imagination in HollywoodÛ but one screenwriter disagrees." WHEN JUDGES THINK THEY'RE ABOVE THE LAW... More allegations against jailed judge and best selling author "A disgraced judge and best-selling author is facing fresh claims that she forged documentation to influence the outcome of a trial when her mother claimed libel against her, it can be revealed." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9367

Whispers And Warnings For April 30th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9366 SERIOUS ALLEGATIONS AGAINST GOOGLE'S ADSENSE. GOOGLE DENIES THEM, OF COURSE. Whistleblower Claims Google Stole Money From Publishers Using Adsense "The self-stylized whistleblower claimed that Google managers directly ordered employees to steal money from publishers through AdSense, its ad placement service, and that the scheme has been active for years." PER READER DEMAND To Kill a Mockingbird finally available as an e-book "Monday's announcement came almost exactly a year after Lee sued her former literary agent, Samuel Pinkus, in order to regain rights to her novel." NOTE: BOOKS SHOULD BE AVAILABLE IN PRINT *AND* ELECTRONIC FORMAT TO ATTRACT ALL READERS. MOST AMERICANS STILL DON'T OWN A DEDICATED EBOOK READING DEVICE. See this. SOME SHOULD BE KEPT SECRET, BUT MOST SHOULD NOT Groups fight to keep court records from being kept secret in high-profile cases "Judges trying to close hearings and seal court documents should be a cause for concern among members of news media outlets, two organizations say." ANOTHER SCHOOL ATTEMPTS TO SILENCE A YOUNG JOURNALIST Lakeland Student (former Cancer patient) Fights to Write Story "An editor of Lakeland High School's student magazine wants to write about the proposed constitutional amendment that would legalize medical marijuana." The school says no. "A RENEWED CLAMPDOWN ON DISSENT IN RUSSIA" Libel conviction adds to pressure on Putin foe Navalny "Russian opposition leader Alexei Navalny was convicted of libel on Tuesday in a ruling his lawyer said could potentially lead to the jailing of the anti-corruption blogger who is one of President Vladimir Putin's most prominent critics." DON'T SUE IF YOU DON'T HAVE THE LEGAL STANDING TO DO SO New York Muslim Group's Libel Lawsuit Is Dismissed "A federal judge has dismissed a lawsuit accusing a Christian organization of defaming a Muslim group in a book that alleged that the Muslim group conducted terrorist training." THE JUDGE COULD NOT YET DETERMINE IF THE REPORTING WAS "FAIR AND TRUE" Judge denies ESPN request to dismiss libel suit "A federal judge has denied a request by ESPN to dismiss a libel suit filed by the wife of former Syracuse University assistant basketball coach Bernie Fine." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9366

Whispers And Warnings For April 23rd

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9364 DESPITE THE ORIGINAL COURT RULING, WHICH IS BEING APPEALED, WE STILL THINK GOOGLE'S ACTIONS ARE ILLEGAL! The Anti-Google Mass Book Digitization Campaign Goes Global "Prize-winning authors, international rights organizations, and legal experts Monday joined the Authors Guild in fighting what they call Google's dangerous and unprecedented violation of copyright law..." THIS WILL BE AN INTERESTING CASE TO FOLLOW Veterinarian files lawsuit against anonymous complaint websites She claims her competitors posted the complaints. THEY ONLY PROVIDED A LINK. THEY DIDN'T PUBLISH THE SCRIPT. Quentin Tarantino's lawsuit against Gawker Dismissed "Gawker argued that it linked to the script only in the course of reporting on the news that Tarantino had become upset over the script being leaked, making its acts a 'fair use'." DOES THE CONSTITUTION PROTECT YOUR RIGHT TO LIE? Campaign Mud-Slinging Could Cost Publishers a Hefty Law Suit "Mud-slinging is free speech - some 'mud' will stick, and some 'mud' can be expensive to remove." PICKING UP LUNCHES FOR YOUR BOSS IS NOT TRAINING FOR A FUTURE CAREER! Lawsuit challenges a Hollywood pillar: Unpaid internships "A class action by former interns on the 2010 film 'Black Swan' could radically change the industry's reliance on unpaid neophytes." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9364

Whispers And Warnings For April 16th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9363 WHEN YOU HIRE SOMEONE WHO'S UNDER CONTRACT WITH ANOTHER, YOU MIGHT HAVE TROUBLE... Texas Monthly To Sue New York Times For Breach Of Contract Less than two weeks after the New York Times announced the appointment of Texas Monthly editor Jake Silverstein as the new editor-in-chief of the Times Sunday magazine, the publisher of Texas Monthly is expected to file a breach of contract lawsuit. WHEN RELIGIONS PROTEST THEIR CRITICS Outcry as Penguin India pulps 'alternative' history of Hindus Novelist Arundhati Roy leads chorus of protest after publisher settles lawsuit brought by militant group NOT ALL JUDGES ARE SMART! Revenge Porn Is Bad, But It's Not GoDaddy's Fault Today, a Texas appellate court fixed the lower court's obvious legal error and emphatically ruled that GoDaddy qualifies for Section 230's protection. DOESN'T APPEAR THIS IS BEHAVIOR FITTING A MAYOR Lemoore educator, newsman suing mayor for defamation A suit filed on March 25 by Ed Martin, Lemoore High School assistant principal and publisher of the Lemoore Leader, alleges Lemoore Mayor Billy Siegel tried to have him fired from his job at the high school and sent a defamatory email message last year. Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9363

Whispers And Warnings For April 9th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9362 BIG BROTHER IS WATCHING! Toledo Blade lawsuit alleges military guards detained journalists, deleted photos "The Toledo Blade filed a federal lawsuit Friday against various government officials after military police reportedly detained two of the paper's journalists outside a military manufacturing facility, seized their equipment, and deleted digital photographs." MORE INTERNS SHOULD SUE TO STOP THIS HORRIBLE PRACTICE Conde Nast Settles Intern Lawsuit "The lawsuit was brought in June 2013 by former interns Lauren Ballinger and Matthew Lieb, who alleged that the compensation received for the work they did at W Magazine and the New Yorker, respectively, violated New York labor law." IF YOU CAN'T SUE IN A TIMELY FASHION, DON'T SUE AT ALL! NBC Universal Prevails in Epic 'Ghost Hunters' Legal Battle "The dispute, litigated for more than seven years, alleged that the show about a team of paranormal investigators was stolen. This week, a California appeals court ordered a lower court to grant the studio summary judgment because the plaintiffs hadn't brought their claims in a timely fashion." BANNED BOOKS IN PRISON? 17 DIFFERENT REASONS - GOOD ONES, IN MY OPINION! 'Violent, deviant s*xual acts:' Prison records show why inmates are denied books "Mike Hoffman grabbed a copy of one of his favorite books, 'American Gods' by Neil Gaiman, and placed it among a pile of donations to be mailed to prisoners..." ALLOWING UPLOADS OF ILLEGAL MATERIAL ENCOURAGES COPYRIGHT INFRINGEMENT Disney, Movie Studios Sue Megaupload, Kim Dotcom Over Copyright Claims "While billing itself as a private data storage provider, Megaupload.com functioned as a hub for uploading and downloading copyrighted movies and TV shows, according to the complaint filed today in federal court..." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9362

Whispers And Warnings For April 2nd

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9361 NEW, COURAGEOUS PUBLISHER MOVES FORWARD, 27 YEARS AFTER INITIAL LEGAL BATTLE The book Scientology tried to ban "To Scientologists, founder L. Ron Hubbard is a larger-than-life figure - a war hero, philosopher and humanitarian. But the real man was a dissembling, emotional wreck who made up most of his legendary exploits out of whole cloth, writes British journalist Russell Miller. (The book) was successfully printed everywhere but in the US, where, after two years of litigation, Miller's American publisher threw in the towel..." RIDICULOUS! SOME TRADITIONAL PUBLISHERS THINK THEY OWN EBOOK RIGHTS BASED ON CONTRACTS THAT WERE SIGNED DECADES BEFORE EBOOKS EXISTED You can't buy that! The great e-book royalty war "A backstage battle between publishers and authors over royalties may be limiting which e-books you can buy..." NO, YOU CAN'T USE STOCK PHOTOS FOR ANYTHING AND EVERYTHING, WHICH IS WHY YOU SHOULD ONLY HIRE AN EXPERIENCED DESIGNER! Judge Allows Woman to Sue Over HIV Portrayal in Photo "A woman depicted as an HIV victim in a state public service announcement can sustain a civil rights lawsuit against the stock photo company that provided her picture to the government agency, a Manhattan judge has held." WHY PUBLIC OFFICIALS HAVE A TOUGHER TIME WINNING LIBEL LAWSUITS At 50, landmark libel case relevant in digital age "In the decades since, the justices have extended the decision, making it tough for celebrities, politicians and other public figures to win libel suits." NO, YOU CAN'T USE SOMEONE'S PHOTO WITHOUT PERMISSION, EVEN IF IT'S NOT FOR PROFIT Split decision in gay couple lawsuit over photo "U.S. District Court Judge Wiley Daniel agreed the photo's use was noncommercial and a matter of legitimate public concern. However, he also ruled the couple and their photographer have a possible copyright infringement claim." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9361

Whispers And Warnings For March 26th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9359 SERIOUSLY? ISN'T THE STATUTE OF LIMITATIONS LONG GONE? Moby Sued Over 22-Year-Old Song Samples "VMG Salsoul, a New York-based disco and funk record label, is attempting to once again rewind the clock to a time when sampling might have been a more legally-loose endeavor." I PREFER CASH TO AN AMAZON CREDIT! Amazon customers are the beneficiaries of the Apple ebook price-fixing settlement. "Although the credits are being applied to Amazon customers accounts, the actual settlement is being paid by the publishers." I'M SURE WHATEVER WAS SAID IN COURT WAS ALSO IN THE PRE-TRIAL FILINGS. I WONDER WHY HE WAITED UNTIL THE FIRST DAY OF COURT TO RETREAT. Vancouver man drops copyright lawsuit against director Cameron "After the first day of hearings, Emil Malak, who filed the lawsuit in the Federal Court on Wednesday, dropped the case against Cameron for (allegedly) using his original screenplay in the blockbuster film Avatar..." THEY WERE JUST ASKING FOR TROUBLE... MP3tunes boss held liable in copyright case "The jurors also found MP3tunes was willfully blind to copyright infringement on its website, in what a lawyer for the recording companies suggested before the verdict would be the first ruling by a jury of its kind." COME UP WITH AN ORIGINAL NAME, OR RISK LEGAL FEES LATER Don't Name Your New Business After a Will Ferrell Movie "In Fort Worth, there's a race car-themed restaurant called Ricky Bobby. In Austin, Tex., there's a Bettie Page-themed hair salon. And a small East Tennessee coal mining town thinks it might attract tourists if it changes its name to Rocky Top. The problem with all three of these ideas has made itself obvious with recent legal filings: They're all using names or icons that belong to someone else..." AUTHORS NEED TO WORRY ABOUT THIS, TOO! From Mocking To Hacking: How To Protect Your Digital Reputation "None of us has complete privacy online, and no one has complete control over the information that appears about them. But VIPs face more pervasive threats to their privacy, and these threats are more likely to impact their physical security..." IN FLORIDA, YOU NEED MORE THAN AN I.P. ADDRESS TO SUE SOMEONE Malibu Media BitTorrent Case: Judge Says No, an IP Address is Not a Person "Notorious copyright 'p*rn troll' Malibu Media LLC, an adult film company, struck out in a Florida court last week when a Florida District Court Judge determined that an IP address does not identify a specific single individual guilty of copyright infringement. US District Judge Ursula Ungaro dismissed the lawsuit that Malibu Media had filed against an alleged movie pirate at IP address 174.61.81.171." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9359

Whispers And Warnings For March 20th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9357 Judge rules emails sent using school equipment are personal; invasion of privacy lawsuit moves forward "S*xually explicit emails sent and received by a former Des Moines school district superintendent using her district-issued email and laptop should have remained confidential, a Polk County District Court judge ruled this week." What is a music stream? Artists and labels in battle over digital income "Dispute rages over how royalties should be split in the age of Spotify, Google and Ape." Former GM, wife file federal civil rights suit against Humboldt County Fair Association; Tituses allege free speech, press violations "The lawsuit, filed on March 5 by Stuart and Caroline Titus, alleges the board declined to renew Stuart Titus' contract in February 2013 in retaliation for his refusal to censor the weekly paper run by his wife." A photographer who took an iconic picture of Michigan football star Desmond Howard in 1991 has cleared a key hurdle in a lawsuit against several parties accused of using it without paying him. "The defendants argue that Masck can't pursue financial damages if the photo was used before he obtained a copyright." MP3Tunes' Michael Robertson Loses Copyright Infringement Suit Filed by Capital Records "Michael Robertson, the founder of online music site MP3Tunes.com--and another related, cloud music storage service Sideload.com, has been found liable in a copyright infringement lawsuit against him filed by Capital Records." Adult film company has sued more than 1,000 individuals who illegally downloaded their movies through sites like BitTorrent "An adult film company called Malibu Media has the IP addresses for thousands of people and is now targeting them for copyright infringement." Does Dorian Satoshi Nakamoto have a case against Newsweek? "This week's emphatic denial from Dorian Satoshi Nakamoto that he had anything to do with the creation of Bitcoin also hinted at a possible lawsuit against Newsweek, though legal experts say it would be an uphill battle." Boston Herald Appeals Libel Verdict "The Herald says its 2009 story about security in the state prison system was meticulously researched and it believes every word is correct." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9357

Whispers And Warnings For March 12th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9357 BEING A JOURNALIST IS A HEROIC ACT IN MANY PARTS OF THE WORLD Media in Venezuela under attack for coverage of unrest - "With the anti-government protests entering their second month in Venezuela, the media have come under severe attack by the Maduro administration and its supporters as they try to cover the volatile events unfolding in the South American nation." ISN'T THIS BLACKMAIL/EXTORTION? Taxi publication threatens to expose gay aldermen over rideshare issue - "A local taxi-industry trade publication has threatened to out five aldermen unless demands to stop the ridesharing industry in Chicago are met." YOU CAN'T USE SOMEONE ELSE'S CREATIVE WORK WITHOUT PERMISSION! Kona artist sues online publisher - "Brad 'Tiki Shark' Parker learned a few months ago that his 'Forbidden Island' painting had been uploaded to CafePress, a website that allows users to customize shirts, mugs, bags and a variety of other items. Art is automatically copyrighted, Parker said, so no one should be able to print his work without his permission Û and without him getting paid." WHY DIDN'T THEY SUE THE PERSON WHO RAN THE AD? Newspaper sued over rental ad prohibiting children - "The Oregon state labor agency has sued a weekly Junction City newspaper over a rental ad that prohibited families with children." JUST BECAUSE YOU'RE IN THE U.S. DOESN'T MEAN YOUR (ALLEGED) FOREIGN VICTIM CAN'T SUE YOU Lawsuit: Univision newscaster's book had false ID - "A Guatemalan man claims in a lawsuit that Univision news host Jorge Ramos wrongly identified him as an U.S. immigration agent in a 2005 book about a fatal migrant smuggling venture, prompting death threats and forcing the man and his family to leave Guatemala. The lawsuit filed last month in Miami-Dade Circuit Court seeks unspecified damages from Ramos and HarperCollins Publishers..." ANOTHER PLAINTIFF GETS SLAPPED BY THE ANTI-SLAPP STATUTE Court throws out Ann Rule's defamation court case - "A defamation lawsuit file by Ann Rule against an Eagle Creek man who wrote a scathing article about the queen of true crime has been dismissed. King County Superior Court Judge Laura Inveen dismissed Rule's case against Rick Swart and the weekly newspaper in Seattle that published his article, citing Washington state's anti-SLAPP statute. Seattle Weekly published Swart's article titled 'Ann Rule's Sloppy Storytelling' in 2011..." SO, YOU DON'T EVEN HAVE TO BE AN HEIR TO SUE ON BEHALF OF THE DECEASED ANYMORE?! IF THIS IS TRUE, THE LAWYER SHOULD BE DISBARRED. KISS Lawsuit Filed Without Carr Family Support - "The lawsuit filed against Kiss in respect of royalties allegedly unpaid to Eric Carr was filed without the support or knowledge of the late drummer's heirs." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9357

Whispers And Warnings For March 5th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9356 Amazon Workers' Lawsuit To Be Heard By US Supreme Court "The Supreme Court decided on Monday to hear a case about employees having to wait in long lines to go through security checks at the end of their shifts, according to Reuters. The case will address whether the e-commerce giant should pay workers for this time spent, which can last as long as 30 minutes." Teen's Facebook Post Costs Father $80K Legal Settlement "The settlement agreement included a stipulation that the man and his wife not disclose details of the settlement with anyone. The daughter posted on Facebook that the money would pay for family vacation to Europe..." Over 100 Published Science Journal Articles Just Gibberish "Some 120 papers published in established scientific journals over the last few years have been found to be frauds, created by nothing more than an automated word generator that puts random, fancy-sounding words together in plausible sentence structures..." Twist In Unmasking Of Infamous Goldman Sachs Twitter Mole "Late last month, the writer sold a book about Wall Street culture based on the tweets for a six-figure sum." Gawker Media Group Inc. Dismissed From Quentin Tarantino's 'Hateful 8' Lawsuit "Gawker Media Group, Inc., parent company of the snarky media blogs Gawker and Defamer, has been dismissed without prejudice from Quentin Tarantino's copyright lawsuit after it argued the court does not have jurisdiction over the Cayman Islands-based corporation." In Appeal, Apple Says E-Book Ruling Will Harm Consumers "Apple had no knowledge that publishers were engaged in a conspiracy in December 2009 or at any other point, the company said in its appeal against a district court ruling which found Apple and five major U.S. publishers had conspired to fix e-book prices." Lawyer Behind Ezra Levant Libel Suit Denies Accusation He Attempted A 'Shakedown' Of Maclean's Magazine "Under cross-examination at the libel trial he launched against Sun News host Ezra Levant, Khurrum Awan, a Saskatchewan lawyer, denied a key plank of Mr. Levant's harsh public criticism - that he engaged in a 'shakedown' or 'blackmail' of Maclean's magazine." Why Hiring "Interns" Or "Volunteers" Can Lead To A Class-Action Lawsuit Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9356

Whispers And Warnings For February 26th

Links to the stories below can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9354 Donald Trump's Son-In-Law's Newspaper Just Happens To Defend Trump With Every Ounce Of Its Being "This week's New York Observer cover story is a 7,000-word takedown of New York State Attorney General Eric Schneiderman, who coincidentally filed a $40 million lawsuit against Donald Trump - father-in-law to Observer publisher Jared Kushner..." James Patterson Is Giving $1 Million To Indie Bookstores "Novelist James Patterson, whose mysteries, thrillers, children's books and romances have sold hundreds of millions of copies, is donating $1 million of his personal fortune to independent bookstores across the country." Withdrawing Doniger's Book Gives Her The Martyr's Mantle "He has attacked Wendy Doniger's book on his Washington Post blog -- alleging it carries false historical data and ridiculous interpretation of Hindu religion and customs..." Twist In Unmasking Of Infamous Goldman Sachs Twitter Mole "A three-year game has been taking place on Wall Street to identify the Goldman Sachs employee behind a Twitter account that purports to reveal uncensored comments overheard in the firm's elevators." "Twilight" Author Sued For (Alleged) Copyright Infringement "A woman who wrote an obscure vampire book as a teenager has sued 'Twilight' author Stephenie Meyer, accusing her of stealing ideas from the work for the fourth book in her vampire series, 'Breaking Dawn.' Meyer's publisher responded that the lawsuit, filed on Wednesday in federal court in California, is a meritless claim meant to further the career of the aspiring screenwriter making the complaint." Adult Magazine Publisher Sues Leaseweb For Providing Services To Copyright Infringers "Adult magazine publisher Perfect 10 has filed a lawsuit against LeaseWeb, accusing the hosting provider of providing services to several websites that host pirated copies of their images." Gawker Seeks Dismissal Of Quentin Tarantino's Lawsuit "Tarantino sued Gawker Media Group, Inc. over an article the site published that included a link to his latest script, 'The Hateful Eight.'" How To Fight Censorship And Remain Free "Every day it seems harder and harder to express yourself without fear of intimidation, censorship, mob attack or criminal charges. Reacting to the recent withdrawal of Wendy Doniger's book The Hindus by Penguin India, the writer presents a comprehensive guide to free speech in India, how it's being attacked and what we can actually do about it." Links to the stories above can be found here: http://forums.writersweekly.com/viewtopic.php?f=14&t=9354

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