Regarding the leaked manuscript of Frank Bailey's book about Sarah Palin...

[Blue_In_AK]

...a cease and desist letter has been sent to all the media outlets that received a copy of the unauthorized manuscript. This material was copyrighted and permission was not given to publish it, and if they continue to publish material from the book, they can expect legal ramifications.

For the sake of our friend Jeanne Devon, AKMuckraker at The Mudflats, and her co-authors, if you run across violations of this letter after today, could you let the lawyer know? I don't normally advocate snitching, but this wasn't right. It's intellectual theft.

http://theimmoralminority.blogspot.com/2011/02/cease-and-desist-order-from-attorney.html

Gryphen at The Immoral Minority reports:

Dear Sir:

I write on behalf of Ken Morris, Frank Bailey and Jeanne Devon (collectively, the “Copyright Owners”). The Copyright Owners are co-owners of the copyright in the unpublished manuscript entitled “Blind Allegiance to Sarah Palin: A Memoir of our Tumultuous Years” (the “Work”).

Between February 16, 2011 and February 19, 2011 you were the recipient of an unlawfully distributed version of the Work. The Copyright Owners kindly request that you do not violate US copyright law by distributing, copying, reproducing or displaying any portion of the Work. The Copyright Owners are currently assessing their legal position with regards to those parties that violated the copyright in the Work. In an effort to assist the Copyright Owners, we kindly request that you provide exact details as to how you obtained unlawfully distributed copies of the Work and which parties (including names and contact information) sent you the Work.
<snip>


I knew this was on its way and personally I am glad that it has arrived.

This has been sent to ALL of us who, without authorization from the owners of the copyright, received this manuscript in our e-mail boxes on Friday.

I have already told you that I planned to comply with the wishes of the authors to NOT disseminate important facts from this manuscript, and except for letting you know that there is nothing relevant about babygate I have kept that word. (By the way I am not considered out of compliance with this Cease and Desist order.)

<snip>

I really want to know who leaked this manuscript and why. And were they paid to do it. Would someone at a publishing house do such a thing and risk their job?

[Ian David]

1. Because Progressives don't have the right-wing publishing scam infrastructure. n/t

[Viking12]

2. Leaked excerpts are a common PR strategy to generate buzz...

Once they're out, the publisher feigns outrage. I won't say that's the case here, but it certainly fits a well known strategery...

[Blue_In_AK]

5. This book doesn't have a publisher yet.

I assume it has been shopped around, but it is copyrighted, and no one but the authors have the right to leak anything. They are quite upset about this.

[rocktivity]

3. The "Copyright Owners" are probably the culprits

in an attempt to get some free advertising. I mean, think about who'd be in a position to do the leaking, such as the author, publisher, or publicist.

:eyes:
rocktivity

[Blue_In_AK]

4. I know Jeanne Devon

and I know that is not the case.

[jberryhill]

6. "to NOT disseminate important facts"

What you choose to do is, of course, your choice.

However it is the manuscript which is subject to copyright, not the facts.

Copyright covers the manner in which the facts are expressed. Copyright does not cover the facts themselves.

[Hissyspit]

7. Exactly.

[Blue_In_AK]

8. I think the intention was to stop the direct quotes

that were being divulged in the media (and there were a lot of those here in Alaska, as you can imagine), plus I saw someone link to what purported to be a PDF of the actual manuscript right here on DU (someone with 2 posts, by the way, who joined DU yesterday). I think the authors have the right to stop that sort of thing.

But I agree, the facts themselves can't be protected, just quotes from the manuscript.

[eridani]

9. Might the author pre-empt them and publish online?

I know that science fiction writers have done this and still realized profits from later book sales.

John Scalzi wrote a throwaway novel (Agent to the Stars), just to see if he could write a novel at all. When he later published other work, he put his first attempt online and told people to mail him a dollar if they liked it. He collected about $4000, and a hardcover SF house put out a limited edition of 1500 copies. These sold out, and Scalzi has noticed copies going on Ebay for $100+. At that point, his publisher thought that a mass market paperback was in order.

Not sure how relevant the above is to your situation, but it's worth considering at least.

[Blue_In_AK]

10. "Sat It Ain't So, Joe -- Co-Author of Leaked Palin Book Speaks Out"

If true, this is very, very sad. All of the bloggers welcomed Joe McGinniss to Alaska, filled him in on local gossip, told him who to contact. It's unconscionable that he would do this to fellow authors who trusted him. Of course, innocent until proven guilty, but he has been very quiet as this story has developed.

http://www.themudflats.net/2011/02/20/say-it-aint-so-joe-co-author-of-leaked-palin-book-speaks-out/?#comment-253359

By Ken Morris, co-author of Blind Allegiance to Sarah Palin, A
Memoir of Our Tumultuous Years

Mudflats Friends:

When I first appeared on Jeanne’s ground-breaking pages well over one year ago, I wrote about participating in the eBay auction to buy a meal with Sarah Palin to benefit a worthy veterans’ charity. A short time later, after losing that auction to what looked like a rigged bid, I then offered through Mudflats an additional $200,000 to that charity if Sarah would answer civil questions over a second meal, on the record, with the likes of Jeanne, Rachel Maddow, Shannyn Moore, and Keith Olbermann.

While I waited in vain for an answer from your ex-governor, I managed to contact Frank Bailey and his wonderful wife Neen. Over fourteen months ago, after substantive dialogue, we decided to pursue a memoir. Two months later, I realized I needed Jeanne Devon to help me navigate the million details of Alaskan politics and personalities. I invited (actually, demanded) she join the team. Frank balked at first. After all, he’s conservative and she’s a liberal blogger. I insisted they meet or I’d walk away from the project. Well, no surprise, he embraced her inclusion after only a second cup of coffee.

For over a year—that’s right, friends, over a year—we worked in silence. We spent countless hours (on my end, upwards of 70 hours per week) constructing what we believed was an important book, based on documented truth. Within the last month, we finished a marketable draft. Not a final draft–we anticipate changes, both additions and deletions–but something that our agent believed would result in substantial interest in the publishing world. You can imagine our joy.

Then the manuscript was sent out, illegally, to the media. Why? Good question (Jeanne and I have discussed writing-up this disturbing story-behind-the-story with its ethics be damned. New Yorker, are you interested? Rolling Stone?).

<snip>

[Lisa0825]

11. Unbelievable!!! I hope no one ever trusts him again. nt

[rocktivity]

13. But how did Joe get hold of the manuscript?

Hacking or theft?

:shrug:
rocktivity

[LiberalAndProud]

12. I'll be willing to bet this works out well for the prospects of the book.

All of the online hoopla has whetted my appetite. I want to read the thing. I am waiting impatiently for it to be published. Before the leak, none of us even knew it was out there. Now we do, and there should be a savvy publisher or two ready to capitalize on the opportunity.