From The Daily Dot:
A major erotica publisher is suing a beloved one-woman blog site, and everyone from the blog’s readers to the publisher’s authors are rallying in support of the blogger.
The publishing community has done everything but hold a bake sale to help blog owner Jennifer Gerrish-Lampe, better known as Jane Litte of Dear Author, raise the money for her legal defense fund against Ellora’s Cave, the erotica publisher suing her for defamation.
Ellora’s Cave, whose storehouse of popular romance titles raked in $15 million last year, is demanding $25,000 in damages from Gerrish-Lampe after she blogged about the company’s allegedly questionable business practices.
But Gerrish-Lampe won’t be fighting the suit alone: A crowdfunding campaign to defray her legal costs created by well-known book blogger Sarah Wendell of Smart Bitches, Trashy Books has raised more than $50,000 in five days. It’s also given rise to a hashtag, spawned a charity erotica anthology, and created a strange backlash for the long list of authors who have supported the blog.
. . . .
Enter Dear Author. Dear Author is a popular publishing industry blog that has built its reputation on analyzing industry news, debunking rumors, and serving as an information resource for authors and readers. Following Ellora’s sales drop, Gerrish-Lampe, who is a lawyer by day, dug deeper into Ellora’s Cave and its financial records.
On Sept. 14, she compiled a long litany of alleged evidence that Elllora’s is on its last financial leg, including claims from authors that they had not received royalties, financial records showing years of unpaid taxes, and erratic behavior from Engler who was taken to task by a judge for “systematic delays and flagrant disrespect for the court” in a 2008 civil court case.
. . . .
Dear Author’s Attorney Marc John Randazza told the Daily Dot via email that the lawsuit was an intimidation tactic:
Clearly the plaintiff has never read Near v. Minnesota [a legal precedent in favor of allowing negative press to be published] or seen The Big Lebowski. As Walter Sobchak taught us, “the Supreme Court has roundly rejected prior restraint.”
This is clearly a SLAPP suit. Ellora’s has filed a lawsuit without any possible damages. The only thing they seem to want to accomplish is inflicting attorney’s fees on the defendant.
Speaking to the Dot by phone, Ellora’s lawyer Steven Mastrantonio insisted that it isn’t a SLAPP, or strategic lawsuit against public participation, suit, and said that although they “would love to resolve the lawsuit,” it was important to clear the air about the false claims made against the company. A SLAPP suit is intended to essentially silence critics by burying them with legal threats and fees, but that’s not what’s happening here according to Mastrantonio:
We have paid the authors, we have paid the editors. The case is not a SLAPP suit by any means. It’s not an anti-first Amendment lawsuit. It’s simply a case where Dear Author has made a malicious and false statement about my client which has caused real damage to them. It’s a defamation case. We want to set the record straight.
Allegations like they made in a public forum, and causing panic among the authors and fans, that has the unintended consequences of affecting sales of the books and actually affecting the authors who want to get paid. So if people aren’t buying the books, the royalties go down.
Link to the rest at The Daily Dot