From: Sandy Thatcher <[log in to unmask]>
Date: Tue, 26 Feb 2013 09:36:12 -0600

I was once threatened with a suit because, in reacting to a criticism
from a historian who denigrated the value of copyediting, I pointed to
a book published by a major university press that probably would not
have won a major national book award had it not been for the heroic
efforts of the copyeditor in virtually rewriting the book. The
author's lawyer sent me a letter demanding a retraction, under threat
of a law suit, but I had the good fortune to receive pro bono
assistance from a top law firm in NYC that instructed me on exactly
how to respond. It probably didn't hurt either that I could back up my
claim with documentation from the publisher's file, which no doubt
would have proved embarrassing to the author had the matter ever gone
to court.

Sandy Thatcher

> From: Wilhelmina Randtke <[log in to unmask]>
> Date: Sun, 17 Feb 2013 13:48:54 -0600
>
> It is just an angry letter.  Just because it asks for money as well as
> action doesn't change it into a suit, or more importantly a debt.  No
> collections agency would take this and act on it.
>
> Ordinarily, I would say, we all should be a little worried when
> someone gets threatened for being honest about publishers.  Day-to-day
> you run risks, and may even bet your house against your actions
> without realizing it.  I don't mean that someone can sue you and win
> the value of your house.  I mean that someone can sue you and you can
> then spend the value of your house on lawyers.
>
> What I see on this list has me more worried that the vast majority of
> people in the library community can't tell when a threat (bluff?)
> turns into legal action.  So, I'm more worried about chilling effects
> from the community against people employed in the community.  So, for
> a poorly informed supervisor or library director to take a dim view of
> activities that are perfectly legal, good for the community, and have
> minimal risk.  Writing and posting a letter is simple and doesn't
> require risk (of paying attorney's fees for frivolous suit), or filing
> fees to write.  It's way too easy to do, and if a letter gets a
> reaction, then libraries are too easy to manipulate.
>
> Really, is there anyone on this list who thinks Jeff Beall has been
> sued at this date?
>
> Several of you reacted to this letter by saying he's been sued.  You are wrong.
>
> -Wilhelmina Randtke
>
>
> On Sun, Feb 17, 2013 at 7:45 AM, LIBLICENSE <[log in to unmask]> wrote:
>>
>>
>>  From: Tony Sanfilippo <[log in to unmask]>
>>  Date: Fri, 15 Feb 2013 16:53:05 -0500
>>
>>  It's not just an angry letter. Isn't there also a demand for $10,000
>>  for legal fees? Apparently the cost of drafting a letter has gone
>>  through the roof. If Mr. Beale removes them from his list AND pays
>>  them $10K he might avoid a lawsuit. But Joe's question about donations
>>  seems appropriate.
>>
>>  Tony Sanfilippo