 |
|
At 05:37 PM 5/4/98 -0700, pls@slip.net wrote:
Dear SFWA:
Be advised that Mr. David Kuzminsi is knoweling making libelous
statements about me and Pacific Literary Services on the page he calls
`Preditors
(sic) and Editors.' I have informed Mr. Kuzminski of his disregard for
facts, and
he has persisted in mailiciously including me on his bogus listing. Mr.
Kuzminski
it aware, and I'm now informing you that on March 9, 1998, the local
Better Business
Bureau contacted me, informed me that THERE HAVE BEEN NO COMPLAINTS
AGAINST ME OR
PACIFIC LITERARY SERVICES, and invited me to join the organization. You
may confirm
this by contacting Beau, at (4150 291-0661. I have asked Prodigy to block
Mr.
Kuzminski's erroneous listing, and they have done so. I'm now asking my
attorney to
pursue this matter further. Please advise me of your compliance with my
request.
Sincerely,
Victor West
Ms. Xxx:
In that I've discovered that, as of this hour, a full day after sending you notification of your error, your organization continues to act as a conduit for libelous statements about me and my company; your organization's webpage persists in relaying this erroneous information in the bogus listing called "Preditors (sic) and Editors." This is not only outrageous and intolerable, it's very disappointing to discover that you have taken no steps to promptly make the correction, and to prominently post an apology, which is the least we are due.
Unfortunately, your organization has demonstrated not only a lack of diligence in making even the slightest effort to verify the misinformation you are relaying, such as the failure to make even a single phone call, either to me, to the Better Business Bureau, or to any state or local agency to inquire as to the validity of the accusations, you have also demonstrated a willlingness, even an eagerness, to be manipulated into furthering the McCarthyist tactics of making unfounded accusations, and not bothering to allow a fair hearing from the victim of such spurious, scurrilous charges.
It's also unfortunate to discover that the situtaion in our society has deteriorated so far that an organization such as yours isn't concerned with uncovering the facts before joining in a witch hunt, branding innocent victims as 'offenders' without taking even the time or trouble to consult with them first. Even mass murderers and war criminals are afforded the right to defend themselves;; apparently the Science Fiction Writers of America doesn't believe in the rights of the accused to a fair hearing before punishment is meted out. This transgression is compounded by your unwillingness to respond courageously, or even courteously, by consulting with neutral third parties, taking prompt and appropriate action to rectify your mistake, and issuing a timely apology. It's apparent you haven't even carefully reviewed all of the information at my website; it you had, you would have discovered that I've been informing writers of ways to avoid the wolves in our industry, and offering solid advice on how to get published. Also, contrary to current rumor, I do not charge a reading fee and, unlike the members of the Association of Authors' Representatives, I never have.
I work hard for my clients, giving them more than their money's worth. I'm also a writer; I know what it's like trying to get published today. The Science Fiction Writers of America is in no position to preach to others unless it's prepared to set a better example than it has in its present arrogance, ignorance and failure to behave responsibly.
It's apparently quite likely valid to agree with the assessment of the Science Fiction Writers of America as being an organization dominated by an elitist, authoritarian, anti-democratic regime, which is not only not representative of the best of a bright future for humanity, but more reminiscent of the darkness of its dim past.
Your failure to promptly remove the libelous statements about me and Pacific Literary Services, and to prominently display an apology, is intolerable, outrageous, shocking and, most of all, disgusting.
Sincerely,
Victor West
Pacific Literary Services
Highest Quality Low-Cost
Editing, Rewriting, Critiques,
Marketing and Self-Publishing
Assistance. pls@slip.net
http://www.slip.net/~pls
(510) 222-6555
Subject: Libelous Statements
Date: Fri, 8 May 1998 17:58:01 -0700
Ms. Xxx:
I've consulted with several attorneys; all have expressed a keen
interest in this case. The bogus listing Mr. Kuzminski has posted through
your site is clearly libelous and defamatory, despite its weak attempt to
masquerade as impartial consumer opinion. Suppose, for example, that
someone were to post a listing of Racketeer- Influenced, Corrupt
Organizations (RICO), and decided to list SFWA? Further, suppose someone
were to post a list of sexual predators, slashers, child molesters and
stalkers, including the names of Ted Bundy, Larry Singleton, Jack The
Ripper, etc., and, moreover, the list included the names of Xxxxxx Xxx,
Xxxxxxxxx Xxxxxx and David Kuzminski. Of course, the list would include the
disclaimer that, "we aren't suggesting these people should be avoided, only
that complaints have been made against them? Furthermore, imagine the
chagrin of Ms. Xxx, Ms. Xxxxxx and Mr. Kuzminski, and the SFWA if they had
already been declared totally above suspicion of any such criminal, suspect
or even slightly inappropriate conduct. Do you suppose that might be a
clear case of libel and defamation? Do you think a jury might agree? I may
have much more to say on this and other subjects, much of which concerns the
SFWA, etc., and will not hesitate to do so, in whatever forum necessary to
bring this unfortunate situation to a fair and just conclusion.
It's certainly amazing to discover that an organization that claims to represent writers has aided and abetted libelous and defamatory misconduct, published libelous and defamatory misstatements, has made no effort to verify the scurrilous allegations it's publishing prior to doing so, has failed to retract them, has neglected to make even a cursory apology. Even when a beginning journalism student, I and my colleagues knew better than to make such mistakes. Moreover, it's really incredible that an organization that claims to represent writers publishes a blacklist. I may be the only science fiction and fantasy writer to be blacklisted by the SFWA, and am proud of the distinction. Even if you seemingly stand alone, with the truth and right on your side you are a majority.
In that you have dismissively referred my initial letter informing you of your error to an attorney, I will be forced to proceed with legal action against Mr. Kuzminski and other parties. I await your timely reply.
Sincerely,
Victor West
Pacific Literary Services
Highest Quality Low-Cost
Editing, Rewriting, Critiques,
Marketing and Self-Publishing
Assistance. pls@slip.net
http://www.slip.net/~pls
(510) 222-6555
The spelling and punctuation errors are Mr. West's. As well, he apparently didn't recognize that "Preditors" is deliberately misspelled as part of our trademark.
The names of other individuals in the letters above who are not connected with P&E were deliberately blocked out with X's to preserve their innocence and right to privacy.
Preditors & Editors is not the property of the SFWA. SFWA does not, to my knowledge, maintain a "black list." P&E is an independent publication that the SFWA has linked to and claimed sponsorship. The sponsorship consisted of assisting P&E to gain a web site after Pacific Literary Services succeeded in getting P&E's first web site on Prodigy blocked. Judging from these letters by Mr. West, I can only imagine what kinds of threats or demands Mr. West made in his correspondence with Prodigy.
As well, I doubt that Mr. West has attorneys lined up. I state this because both independent and ACLU attorneys have reviewed the aforementioned listing within P&E concerning Pacific Literary Services and Mr. West and found nothing defamatory. In fact, I have yet to be contacted by any attorney representing either Mr. West or Pacific Literary Services. Of course, I could be wrong. We know that there are lawyers who will take any case, even one they know they'll lose since they'll get paid anyway. However, Mr. West is free to waste his money any way he chooses.
Mr. West also fails to note in his letters that The Write Connection organization and web site also lists him and urges caution. Of course, P&E has a link to that site on the Warnings page. It's nice to know that we're not standing alone.
One other thing worth mentioning, we have not made any demands that Pacific Literary Services be dispossessed of its web page or right to do business. Nor have we urged that it be dropped from any membership in any organization. I can't make that claim for Mr. West and Pacific Literary Services. After all, he states in one letter of his that he was responsible for causing Prodigy to block public access to P&E's web site on Prodigy.
Dave Kuzminski, Editor