Remember the TRO? The judge denied it, not so much because the stupid was awesome as because Ellora’s Cave tacitly admitted the ship had sailed.
One would think that savvy litigants such as Tina Engler and company, would know that suing for defamation would immortalize the content they wanted to squash, and make sure is forevermore part of the public record.
Like those pesky tax liens…
We were talking about discovery earlier this week, and how interesting it would be for the court, and Jane, to have access to Ellora’s Cave’s financial records.
Lest we forget, and do keep in mind that I am not a lawyer and that I’m paraphrasing, the suit says that Jane’s post The Curious Case of Ellora’s Cave is defamatory–because everything is peaches over at the Cave–and that the blog post should be taken down because it’s ruinous to the Cave’s reputation. This last bit means, the publication of the post has caused EC tangible financial damages.
So, during discovery, Ellora’s Cave needs to prove a few things: that not one author among 900+ and no other contractors went unpaid, and that the company was thriving, raking money in–despite of tax liens, mass firings, and emails telling authors how dismal sales was and how amazon is evil–until the blog post ruined their rosy, beautiful, sunshiny world.
We should also remember that this is the company–with the same people at the helm–who dragged their feet for two years and into a 27-page ruling with default judgement as a sanction against them when Chris Brashear sued them.
With all these conflicting things in mind, we should not be surprised to see a lot of the same old, same old on this suit, regardless the fact that Ellora’s Cave is on the Plaintiffs’ side this time.
Funny thing with TiNut, though. Can’t seem to shut the hell up. Ever.*
On the other hand, @ataglanceRMC suggestion sounds interesting. I wonder if there is a way to integrate Julaine’s generous offer and contributions from other interested parties–say, Ellora’s Cave authors who wonder just how accurate their royalty statements are…–with discovery on DA/JL’s side.
If and when it comes to that, of course.
~ * ~
* It’s a shared problem, to no one’s surprise: