Falling on your Lightsword

Seaof_Lies_CVR_Daly-263x381
The wonderful Writers Beware blog reports that Lightsword Publishing is a scam run by imbeciles (no news to anyone who is a regular reader of this blog) and that the owners have been successfully sued for fraud by one of their swindled authors:

Linda Daly, Bonny Kirby, and Light Sword Publishing were sued by one of
their authors for breach of contract, fraud in the inducement, and
intentional infliction of emotional distress. (Writer Beware has seen
the complaint, as well as numerous other documents involved in the
lawsuit). 

Although the defendants filed a counterclaim,
alleging that it was really the plaintiff who provided
misrepresentations and breached contract, the plaintiff was ultimately
successful. On April 15, 2008, a default judgment in the amount of
$15,342.64 was entered against Bonny Kirby, and on July 8, 2008, a
default judgment in the amount of $16,558.63 was entered against Linda
Daly and Light Sword Publishing.

Linda Daly bills herself on her website as an “author, screenwriter, and now publisher.” Uh-huh. Let’s look at that, shall we? As an author, all of her titles have been self-published. As far as being a screenwriter goes, she must be unproduced, because she’s not a member of the WGA nor can I find any screenwriting credits for her on IMDB (or anywhere else). As for calling herself a publisher, well, I think the lawsuit and the cover of her latest book say it all. Her stunning editorial skills are on full display in the description of her book on her site (all the errors in spelling, punctuation, capitalization, and grammar are her own):

From Detroit to the Isles of Scotland;  a deadly sea of lies is exposed as a super-spy solves another treat to world security, or is it deadly greed by a man shamed into giving up his heritage. This riveting tales has been adapted into a ‘Feature’ film and is currently being considered for production.

Defend the Defenders

Dawn O’Bryan-Lamb has established the Author Advocate Defense Fund  to help the bloggers, web sites, and organizations being sued by literary agent Barbara Bauer:

“On September 20,
2007, Barbara Bauer filed suit in New Jersey against a list of
defendants, ranging from the Wikipedia Foundation, to message board
owners, to bloggers.

More information about the precipitating events can be found in the archives of Making Light. There is additional information about the case regarding Wikipedia at the Electronic Frontier Foundation site. 

 Another defendant is Science Fiction Writers of America for its Writer Beware “thumbs down agencies” or “Twenty Worst” list. Yet another is the former and current owner of  Absolute Write which has a thread about the Plaintiff on their site. 

Defending
oneself against a lawsuit is expensive, and many of the author
advocates being sued could use help to pay the many legal costs
involved, which are adding up over these past 9 months.

I’ve
set up a PayPal site where you can donate to help these writers with
their legal fees. Any amount is welcome. Any fees assessed by PayPal
will be covered, so your full donation goes to the legal defense fund.
All funds will be disbursed directly to the defendant’s attorneys in
equal shares.”


It’s a good cause. I urge you to make a donation.

UPDATE 7-4-08 : Score one for the good guys. Bauer’s lawsuit against Wikipedia has been thrown out by the court. The Ashbury Park Press reports:

Judge Jamie S. Perri dismissed complaints by Barbara Bauer and her
company, Barbara Bauer Literary Agency Inc., against Wikimedia
Foundation, the owner and operator of online encyclopedia Wikipedia.

Bauer in court papers alleged that Wikimedia Foundation defamed her by
publishing numerous false statements, including one that said she was
“The Dumbest of the 20 Worst” literary agents and that she had “no
documented sales at all.”

Perri cited the Communications
Decency Act, enacted by Congress in 1996 to promote free speech over
the Internet. The act immunizes a provider of interactive computer
services from liability for publishing content provided by another.

This judgment dealt only with Wikipedia, not the cases brought against the 19 other defendants.

Harvesting New Suckers

As I warned back in December, it appears that the Jones Harvest vanity press is following the loathsome example set by Airleaf, the notorious publishing scam, and is targeting the elderly with false promises of bestseller success and instant celebrity. The Airleaf Victims blog reports:

In the past six months, I personally have received nine different
horror stories about Jones Harvest Publishing primarily from senior
citizens who invested thousands of dollars into an Airleaf-type dream
and in all but one case, after they invested and lost thousands of
dollars at Airleaf.

[…]When the
first set of victims came to me in November, I told them to request
their money back as I did all of the future ones who wrote to me. Some
of these new victims had their money returned after they wrote Jones
Harvest a letter threatening to report the company to the FBI and
Attorney General. However, there are other victims whom I have recently
learned about who have not had their money returned.

[…]Another note of interest: Part of the hook is promising reviews to customers. In a standard letter, it stated:
"Also
enclosed is a review we've received after sending it to a professional
reviewer… "

People pay Jones Harvest to get their books
reviewed. I read the review. It was signed by Tim, Brien's former phone
receptionist and college nephew. His title under his name was "Media
Researcher and Educator, T&R Reviews." The T&R stands for Tim
and Rosa, Tim's wife. That's really a credible "professional" source to
pay money for, isn't it?

It's no surprise that Jones Harvest is running the same, old scams.  Jones Harvest was founded by former Airleaf exec Brien Jones. I love this part of his pitch, which he has the gall to make to the Airleaf victims:

We will not be satisfied until we place [Your book] in bookstores
everywhere and [You] is a celebrity. This program has a one-time fee
of $7500. There are no further charges of any kind.

Sincerely,

Brien Jones, President

P.S.
In your case, the price is $5,000. That is my way of apologizing for
the past misfortunes AND showing you what we can accomplish at cost.
Please keep this offer confidential. All but a very few authors must
pay full price.

The solicitation is straight out of the Bookman Publishing/Airleaf book of scams and, if the Airleaf Victims report is accurate, is just as dishonest (That said, I have a hard time feeling sympathy for any Airleaf sucker who falls for this scam, too. Those people are beyond stupid…they must be brain dead).

It seems that Jones is intent on meeting the same fate as his mentor Carl Lau, the Bookman/Airleaf conman who lost his vanity press business and is finally being prosecuted by the Indiana Attorney General for his scams. I just hope the Attorney General's office doesn't take as long to investigate Jones Harvest as they did to look into Airleaf.

Buying Praise

The following comment from Bill Williams was posted in the back-blog discussion a blog entry of mine regarding an iUniverse author who feels that I’ve "pissed on her parade" by slamming vanity presses. Her book was positively reviewed by bookreview.com, which is notorious as a place to go to buy positive customer reviews and have them posted on Amazon (I wrote about them back in 2004).

Lee,

I checked with a friend of mine who had a positive review of a book
of his posted on the bookreview.com website. He said that he had not
paid for the review and it was one that had been cross-posted at
Amazon.com by the reviewer. Was my friend lying or can you get a review
at that site without making payment?

Bill

I replied:

Your friend is probably telling you the truth. I just looked myself up on Bookreview.com and, lo and behold, found many of my books reviewed there…all by Harriet Klausner.

It seems that Klausner’s reviews are cross-posted there as well as on a dozen other sites and blogs. I suspect your friend was reviewed by her as well.

However, her reviews on Amazon are credited to her, NOT bookreview.com. When the bookreview.com reviews are posted on Amazon, "bookreview.com" is usually noted as the reviewer. Bookreview.com reviews are not taken seriously by anyone because of their reputation of being bought-and-paid-for…and thus worthless.

I quote from the bookreview.com site:

"Get your book listed on BookReview.com!

Our Express Review Service guarantees that your book is placed at the top of the reviewers’ pile. At a cost of $125 per book, this service guarantees that one of our professional reviewers will read and review your book within 15 business days of receiving it. The review will be posted on BookReview.com as well as Amazon.com and will be eligible to become a BookReview.com Book of the Month. Please send bound books only. No .pdf files or unbound manuscripts.

Once the review is completed, you are free to use any part of it in your promotional materials as long as BookReview.com is credited.

Publishers, Publicists and Literary Agents can click here to check out our Bulk Discount Program.

Do I have to purchase an Express Review in order to appear in your database?

    No. You can submit your book through our regular review channels. We receive hundreds of books each day and can give attention to only a small fraction of them. Simply submitting your book does not guarantee that it will be read and having your book read by one of our reviewers does not guarantee a review. Only purchasing an Express Review guarantees a review.

They also suggest:

Some hints for new authors:

   1. Our reviewers love collecting autographed books. Sign your book before sending it and you’ll have a much better chance of getting read.
   2. Please don’t send us a loose manuscript. Convert it to Palm Reader format and send it via email if you haven’t got a bound version. Or take it to a Kinko’s and have them bind it for you.
   3. If you’ve submitted your book correctly and you haven’t seen a review posted after a month, feel free to email us. If you still don’t see a review, it is likely that your book didn’t inspire the reviewer who chose it. If you’d like us to pass it on to another reviewer, you can email us the request. Remember, we prefer not to post negative reviews, so if we don’t like it, we probably won’t review it.
   4. If you passionately believe in your book, and you are having trouble getting it reviewed, please check out our New Author Listing and Express Review Service. "

What’s interesting is that even though you can buy a review…and in BULK… and get preferential treatment if your book is signed…they still pretend to be objective and unbiased. This is how, in part, they describe themselves collectively in their Amazon reviewer profile:

"[..]We pledge to offer unbiased reviews of books from a variety of publishers on a multitude of subjects and genres. Established in 1996, we also offer Express Review Service and New Author Listings"

Funny, they don’t mention when touting their lack of bias that you can buy a review for $125…but that’s because they don’t see an ethical problem with paying for a review, as they explain in their FAQ:

"Does purchase of an Express Review guarantee a good review?

    No. Our reputation was built on honest, straightforward reviews and we will not compromise our integrity by posting false reviews. Please use our Express Review service only if you believe deeply in your work.

Will anyone know I’ve purchased a review?

    No. You are paying for the right to go to the top of the review pile. Your review will be as unbiased as any other review on our site, so there is no reason to flag it as a "paid" review."

The writer who emailed me, and criticized my stance on iUniverse, was not reviewed by Klausner…but by Bookreview.com, which would indicate that the review was probably purchased. That said, I suppose there is a slim possibility that the review was not purchased…in which case, I owe her a sincere apology.

Indiana Attorney General Prosecutes Airleaf

The Airleaf Victims blog reports the terrific news that Indiana Attorney General Steve Carter has filed a lawsuit against Carl Lau, founder of Airleaf and Bookman Marketing, for violating the state’s Deceptive
Consumer Sales Act by "taking money without providing
the promised services in return."

"More than 120 people
are named in the lawsuit, including many from Indiana who lost
thousands of dollars,” said Carter. “In fact, hundreds more may have
lost money. They paid for services. Airleaf did not deliver, and now,
those consumers deserve refunds.”

[…]In addition to consumer restitution, the attorney general’s office is
seeking civil penalties of up to $5,500 per violation, as well as
investigative costs.

The action doesn’t go nearly as far as the Airleaf victims would like — or Lau deserves — but hopefully it will send a strong message to the vanity press industry, especially those ex-Airleaf execs who have started their own POD-presses.  Writers Beware notes:

Airleaf has spawned several publishing enterprises run by ex-staff–including Fideli Publishing, a fee-based publisher whose marketing packages bear an eerie similarity to Airleaf’s, and Brien Jones’s Jones Harvest Publishing,
which also charges fees for publishing and offers many Airleaf-style
services (Writer Beware has gotten some advisories about Jones
Harvest’s email solicitations,
and Mr. Jones has recently chosen to reimburse several Jones Harvest
authors who alleged performance problems). If you trace the family tree
backward instead of forward, you arrive at the Big Daddy of POD vanity
publishing, AuthorHouse, where Brien Jones was employed before he
co-founded Airleaf’s predecessor, Bookman Marketing. It’s a tangled web
indeed–which, sadly, is not unusual in the murky world of vanity POD.

Unfortunately, many Airleaf victims haven’t learned from their mistake…and have simply moved on to other POD vanity presses, including those run by former Airleaf execs.

The Mail I Get

I got this email the other day:

Have you ever heard of "Writers Book Publishing Agency"? That’s the name. Seemed a bit generic to me, so I am suspicious. Their web page indicates that they are a reletively new lit agency, and are seeking authors. Having tried to obtain an agent for a year now, they sound too good to bet true. Their client list went like this: Joe, who is an electronic engineer wrote his first book…..etc….etc.  Mary, a housewife, is working on her second novel in which she…..etc…..etc. I know the authors need their privacy – but…….does this not sound suspicious to you?

Of course it does. And it should sound suspicious to anyone with an iota of common sense.

They are a well-known scam that has also gone by the the names "Children’s Literary Agency," "The Literary Agency Group, Inc" and "ST Literary Agency,"
among others. Your first tip-off that they aren’t legit should be their name:  "Writers Book Publishing Agency." What reputable agency would call
themselves that? Agents aren’t book publishers.

If the name of the company wasn’t tip-off enough, you’ll notice they don’t list a single author among their clients, only plumbers, housewives and, well, other suckers.

Writer’s Beware lists the "agency" among their top twenty worst agents. You can find out more about them here:

               
   

Writer Beware

Victoria Strauss has an excellent post up today on her Writer Beware blog with great advice for aspiring writers about what to look for before signing with a small press. It’s a must-read for those considering signing with a POD press.

J.T Ellison also offers up some good advice today on How To Avoid Scams over on the Murderati blog:

The biggest problem new writers are faced with is desire. You’ve
worked so damn hard, have slaved away writing your book, and you WANT
to get it out to the reading public. We understand. We were there once
too. But DO YOUR HOMEWORK! There are several easy steps you can take to
ascertain whether the offer you’ve been approached with is legitimate.
Because that’s the problem with scams. The veneer of legitimacy can be
shiny and obscuring.

They Never Learn

The Martinsville Reporter-Times reports that the FBI and the U.S. Postmaster have launched a joint investigation into the business practices of Airleaf Publishing/Bookman Publishing, a notorious vanity press scam that went bankrupt last year. Let’s hope this is just the beginning of a national crackdown on the deceptive practices of the vanity press industry.

But its hard to feel any sympathy for the Airleaf victims. Any reasonably intelligent person could have seen that Airleaf (and its previous incarnation Bookman Publishing) was a sham.  Even if the aspiring authors were too blind with desperation and naivete to see the scam for themselves, a simple Google search would have turned up plenty of resources (including my blog and others) that talked about the company’s many deceptive practices and false promises.

They made a dumb, costly, and humiliating mistake.

So you’d think that now the Airleaf victims would know better than to ever get involved with a POD vanity press again.

Well, you’d be wrong.

Incredibly, many of them are once again writing checks to vanity presses, including Bonnie Kaye, who founded the Airleaf victims blog and whose relentless efforts are largely responsible for Airleaf’s fall and the subsequent federal investigation.

She’s now a customer of CCB Publishing, a print-on-demand vanity press that she calls her "new publisher."  CCB’s former Airleaf clients include John Krismer, who has written a book that reveals this:

Few realize a New World Order plans to replace our constitution with a
Single World Government, nor that our Federal Reserve Bank is privately
owned and is not subject to oversight by Congress or the President.

[…]George H. W. Bush, the undisputed “Overlord” of the Shrub Dynasty, in
his State of the Union Message in 1991 said: “What is at stake is more
than one small country, it is a big idea – a new world order.” Did We
the People ever agree to this treasonous act of turning over our
nation’s sovereignty to a Single World Government?

Uh-huh. This is the kind of unpublishable swill that the vanity press industry thrives on. Is it any wonder he has written a check to another POD printer?

I applaud Kaye for going after Airleaf and bringing the company down…but she’s still foolishly writing checks to a POD vanity press and deluding herself into thinking that she’s "published." By doing so, and praising the company to other Airleaf customers, she’s perpetuating the myths that the vanity press industry thrives on. How sad.

But that’s not the worst of it.

Some other former Airleaf clients have become customers of Jones Harvest, a vanity press that is run by former Airleaf employees!  Those  particular Airleaf customers aren’t victims at all. They are brain-dead morons.

Don’t Expect the “Truth” about Self-Publishing from Someone Who Runs a Vanity Press

Earlier this month, I told you about a scam called "Beneaththecover.com," which purports to offer authors inside news and expert advice about the publishing industry when, in fact, it’s just a front for a bunch of vanity press and book promotion hucksters selling their wares.  This point was driven home the other day when one of their so-called "experts," vanity press publisher Yvonne DiVita, offered this outrageous lie in a post she had the chutzpah to title "POD Myths Dispelled – Get The Scoop Here":

In today’s
emerging digital world, if you truly want to attract that big name
publisher, use a professional POD firm to self-publish because the big
name publishers are watching.

The best way to attract a publisher is to write a good book, not blow thousands of dollars having it printed in POD form by a vanity press. If anything, printing your book in POD is more likely to prevent a publisher from taking you or the book seriously.

DiVita is one of a pack of POD vanity press hucksters who prey on the gullibility, desperation, and ignorance of aspiring authors. She argues that vanity presses aren’t merely printers but real publishers because they pay more attention to their authors than real publishers do.  What she neglects to mention is that vanity presses like hers make the vast majority of their money off their authors, not from booksales, and that all that attention they slather on their clients (not authors, ladies and gentlemen, clients)  is to convince them to spend even more on their worthless services.  She writes:

IF authors don’t sell enough books with their publisher, POD
or otherwise, the author isn’t trying hard enough. I’ve worked with
traditional publishers, and they require an extensive marketing plan
from authors before they will consider publication. And research shows
that books published by traditional publishers sell around 150-300, on
average.

That’s right, blame the author for the fact that their POD vanity press books aren’t sold in stores and are unlikely to sell to anyone but the client… and then back it up with pointless "facts."

I’ve had over two dozen books published by real publishers. No editor has ever asked me for an "extensive marketing plan" before considering my books.I’ve also asked a few published friends…and they have never been asked for marketing plans, either. But they are novelists, and perhaps they would be asked for one if they wrote non-fiction. So let’s give DiVita the benefit of the doubt and say publishers want marketing plans along with non-fiction book proposals. To which I say… So what?  How is that a persuasive argument for going to vanity-press instead of a real publisher? You’ll need a marketing plan either way. The key difference is that a real publisher will pay you and a vanity press will ask for your credit card number.

I’ve scoured the web and I can’t find any "research" that backs up her outrageous claim that most books published by genuine publishers sell only 150-300 copies.

The closet statistic I could find to her numbers was a 2004 Bookscan study that tracked sales of 1.2 million books sold that year. According to their figures, the average book of any kind published in 2004 sold 500 copies. The study noted that only 25,000 titles sold more than 5,000 copies each,
500 sold more than 100,000 copies and only ten sold more than a million
copies. But the figures are controversial, because the sales were not broken down by genre, like fiction or non-fiction, nor did they differentiate between titles from large
publishers or small ones, traditional publishers or vanity presses.

But lets pretend her figures are right. How is that an argument for going to a vanity press? Authors published by real publishers whose books only sold 500 copies in 2004 were still paid to be published.  They earned money, though not as much as they’d hoped.

By comparison, most vanity press authors will lose money because they paid to be published. But don’t take my word for it, let’s look at the 2004 sales figures from iUniverse, the biggest name in self-publishing:

18,108: Total number of titles
published

792,814: Number of copies
printed

14: Number of titles
sold through B&N’s bricks-and-mortar stores (nationally)

83: Number of titles that sold at least 500
copies

Out of 18,000 titles and nearly 800,000 copies printed, only 83 authors sold more than 500 copies. Good God. Think of all the money that authors lost …and how much iUniverse made. That’s the business that DiVita is in…and it’s a profitable one. For the printer, not the author. 

So what is the truth about POD self-publishing companies? It’s obvious. Vanity presses are in the "author services business", not the publishing business which, in a rare bit of candor, even DiVita concedes on her vanity press website:

Windsor Media Enterprises specializes in author services. We  offer idea development, manuscript critiquing, editing, proofreading, formatting and cover design, for new and existing authors.

And for that, they charge you a price and that’s how they make their money. That is their business. And if your book,  by some miracle, manages to sell a few copies, they make a little more. 

A vanity press will tell you any lie they can to convince you that they are real publishers (when they are merely selling editing and printing services), that self-publishing is the route most successful authors take (it’s not), and that you have as much of a chance to sell books with them as you do going with a traditional publisher (you don’t).

Is Yvonne DiVita really someone qualified to give writers sound advice? Or is she someone with a clear conflict-of-interest hoping to coerce naive authors into buying her product? The answer is obvious, and it came right from the founders of Beneaththecover.com  when they tried to solicit my brother Tod into being one of their experts:

Beneath the Cover is a cooperative venture for building marketing platforms of everyone involved.

That’s what should be written on the masthead of their home page, not "Where book industry professionals who know almost everything go to discuss news, insights, and evolving industry issues." And it should be stated in big print on each and every piece of "advice" that they give.

Dumb and Dumber

Back in 2006, I wrote about a TV bootlegger who bought advertising on Google to promote his various websites.  Now it turns out that the moron has been using the address of a Winnipeg newspaper as one of his many false return addresses:

If you want to keep it secret that you’re selling pirated DVDs, it’s
probably not a good idea to use a major Canadian newspaper as your
return address.

Over the last few days, several packages of pirated DVDs have been shipped to the Winnipeg Free Press from disgruntled customers around the world.
The packages originated from entities called DVD Avenue.TV, DVD Store, AllMyFavoriteShows.com and Expediteur,

Gary Osmond, the Canadian Motion Picture Distribution Association’s
director of investigations — anti-piracy operations, said the DVDs
received by the Free Press are connected to the massive seizure of thousands of counterfeit DVDs by the RCMP in Montreal just before Christmas.

More than 200 DVD burners were also seized by police and eight people
were arrested who are facing fraud charges under the Criminal Code and
Copyright Act.

But Osmond was surprised to hear the DVD pirates had used the Free Press’ address.

"They’re not too smart," Osmond said.

"In Montreal, they used post office box numbers for Canada Post or
private companies. There was one legitimate address in Montreal, but it
was a hole in the ground with a building being constructed.

"Yours is the only legitimate address and the first in Winnipeg."