Lawsuit- ebook- atty demands $5000!

[here]

Hi.

I do not know what to do. I was selling ebooks on ebay. A large publisher now demands 5k and a list of things on top of it. He says "willful tort" can not go away in bankruptcy.

What should I do?

It says I must respond in 10 days. Ebay pulled the listing. Ebay had also suspended my selling for 7 days- tho I can still buy.

He wants to know all of my records- and where I got the material.

The letter was not sent certified. I am in PA.

If this does go to court- is that federal court? Do I have the right to a jury?

He sure flatters himself when he thinks his book is even worth $5k.

He said if I do not respond they will subpoena ebay and paypal.

I must say that the letter offers little in the way of playing ball. Like they want to fry me anyway- either way- I lose.

Of course I can not admit any wrong doing.

For instance- disclose where I got the material. Or what I sold and how much I sold.

I might mention this publisher is hard to discern on various book. One has to dig some to learn that there is a publishing company.

How do I lessen the blow?

Please?

 

[cyjeff]

So, you willingly sold someone else's book and are upset because the author/publisher is upset?

You need an attorney to get the amount down. If this goes to court, the information they requested will have to be provided.

 

[jharris352]

The attorney is just saber rattling. I take it you stole this guys material and have been selling it online. I would send him an accounting of how many you sold and how much you made on it. Then make him an offer of 60% of your profits. He will likely take it and you will have to pay. Learn this lesson, don't steal, especially from attorneys. Does my answer make sense to you?

 

[Michael Wechsler]

1. What you were sent doesn't have to be certified. It's just a pre suit letter.

2. Copyright law allows the owner to sue for statutory damages - not just actual and consequential damages. This isn't just saber rattling. I don't doubt the book might not be a New York Times bestseller but that's not the point. You'll still be liable for considerable damages for each copy of the book you sold. Willful infringement carries huge monetary penalties. Thank the corporate interests for these harsh laws, created to combat piracy.

Your best bet isn't to say you're going to extinguish any debt in bankruptcy - it's to say that prosecuting a deadbeat isn't going to get them anywhere. I'm assuming you don't have many assets that a creditor can pursue. If he agrees to send you a release of liability and prosecution in exchange for information, it may be worth your while to put it all to rest.