Thursday, October 22, 2015

Ellora's Cave vs Dear Author: Not with a bang, but a whimper.


Well, there was a settlement today in the Ellora's Cave vs Dear Author case. Unfortunately, the terms are confidential, so all the rest of us can do is speculate. Considering there was a flurry of filings yesterday afternoon, it's interesting to note that the original blog post (as of this writing) is still up on Dear Author's site.

Make of that what you will.

After over a YEAR of this bullshit that never should have been filed in the first place, it's done. I'm happy for Jane, because I know this had to be a strain on her. I'm also happy there were finally some sworn statements by brave people willing to go on the record and file affidavits about their experiences with all of this, including that they are owed statements and royalties by Ellora's Cave.

All I know is that Ellora's Cave avoided opening their books and short-circuited anyone else filing sworn statements in Dear Author's defense about the case (like the one filed by the executive director of the RWA, Allison Kelley, swearing that Ellora's Cave admitted problems to them, which led to the RWA instituting restrictions against them).

There is a lot of speculation that can be made in this case, but unfortunately, we'll just never know. Either side can claim a "win" but the true losers in the long-term are editors, cover artists, and authors who claim they are still owed statements and royalties, and readers who lost entire libraries of books (some for a second time) when Ellora's Cave instituted their "site upgrade" back in July and apparently lost all on-site sales records despite Patty Marks swearing in an e-mail on 2/16/2015 that they had multiple and redundant backups in place.

It also means that Ann Jacobs will now have to file her own lawsuit against Ellora's Cave.

Also, interesting sideline to note, Ellora's Cave author Laurann Dohner announced recently on her Facebook page that she's starting a new series and apparently self-publishing it. (Feel free to correct me if I've got my facts wrong there.)

Keep following the #notchilled hashtag on Twitter.

UPDATE: Deirdre Saoirse Moen has also posted an update with relevant asides from some of the filings.

No boom today. :/

10 comments:

  1. And...unfortunately they're free to continue their shenanigans with authors' royalties...ALLEGEDLY. Hmm... if there are 100 pissed off EC authors, they could file class action.

    Then again, said shenanigan creator could just file BK and walk away like the Hamburgler.

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    1. And we won't find out the ID of the pubnt sock account. :/

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    2. Yeah, that's the G-rated version of what I said...

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  2. I believe there's a good chance there will be a class action filing. My attorney has other authors who've expressed interest, and it will be a topic of conversation next week. Meanwhile, I know no more than anyone else, except that my motion to intervene in the DA defense is moot, since the suit has been settled.

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    1. Good luck with that, and please keep us posted as much as you can. I'll be happy to keep signal-boosting for you all.

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    2. Oh, that's super interesting news, Ann. I'll keep an eye out for it.

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  3. I'm wondering whether Mastrantonio will get paid.

    Ever.

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    1. I've got $10 bucks that says he'll be taking them to court. LOL

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  4. Not a lawyer here (though I work for a slew of them in the publishing and entertainment world), but I would hazard a guess that if the settlement did NOT go in Jane Litte's favor, she would have been required to take down the post immediately upon agreeing to the settlement. So I'm taking that as a clue that perhaps she prevailed. Hoping for the best for all the authors, editors and others who were adversely impacted.

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