Comments on: Otto Penzler Threatens Me With a Lawsuit http://www.edrants.com/otto-penzler-threatens-me-with-a-lawsuit/ a cultural website in ever-shifting standing Wed, 08 Feb 2012 18:01:24 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Jim Winter http://www.edrants.com/otto-penzler-threatens-me-with-a-lawsuit/comment-page-1/#comment-38950 Jim Winter Tue, 29 Aug 2006 02:41:17 +0000 http://www.edrants.com/?p=4163#comment-38950 "My first impression: maybe he should sue himself." That would make him go blind and grow hair on his lawyer's palms. “My first impression: maybe he should sue himself.”

That would make him go blind and grow hair on his lawyer’s palms.

]]> By: Lauren Baratz-Logsted http://www.edrants.com/otto-penzler-threatens-me-with-a-lawsuit/comment-page-1/#comment-38838 Lauren Baratz-Logsted Mon, 28 Aug 2006 17:51:52 +0000 http://www.edrants.com/?p=4163#comment-38838 Richard is wise. And in the event that Otto is crazy enough to sue, I'm good for cash as well. (Really, you can trade me for cash.) Richard is wise. And in the event that Otto is crazy enough to sue, I’m good for cash as well. (Really, you can trade me for cash.)

]]> By: Sam http://www.edrants.com/otto-penzler-threatens-me-with-a-lawsuit/comment-page-1/#comment-38646 Sam Mon, 28 Aug 2006 01:57:49 +0000 http://www.edrants.com/?p=4163#comment-38646 >My first impression: maybe he should sue himself. Excellent point, Finn! Thinking of one of my favorite Patrick Kavanaugh poems: maybe he should sue God: "He had the knack of making men feel As small as they really were Which mean as great as God had made them." >My first impression: maybe he should sue himself.

Excellent point, Finn! Thinking of one of my favorite Patrick Kavanaugh poems: maybe he should sue God:

“He had the knack of making men feel
As small as they really were
Which mean as great as God had made them.”

]]> By: Darby http://www.edrants.com/otto-penzler-threatens-me-with-a-lawsuit/comment-page-1/#comment-38572 Darby Sun, 27 Aug 2006 18:57:20 +0000 http://www.edrants.com/?p=4163#comment-38572 Mmmm..she's hot. Oh! Wait. You said Otto Penzler, not Miranda Otto. He's not hot at all. Mmmm..she’s hot.

Oh! Wait. You said Otto Penzler, not Miranda Otto.

He’s not hot at all.

]]> By: Richard http://www.edrants.com/otto-penzler-threatens-me-with-a-lawsuit/comment-page-1/#comment-38437 Richard Sun, 27 Aug 2006 01:51:25 +0000 http://www.edrants.com/?p=4163#comment-38437 If Otto Penzler had in fact spoken to an attorney, he would not be writing you himself. You would get a lawyer's letter. (And Otto would be getting billed for $600 an hour!) As a rule, defamation cases are difficult to win and damage awards tend to be small. It would be very unusual for an attorney to be willing to take a defamation case on a contingent fee basis, and the fees expended in litigating even a successful defamation action usually exceed the total recovery. A good attorney would tell Mr. Penzler to forget about it, as everyone else would have if only he hadn't sent his unfortunate threatening email. If Otto Penzler had in fact spoken to an attorney, he would not be writing you himself. You would get a lawyer’s letter. (And Otto would be getting billed for $600 an hour!)

As a rule, defamation cases are difficult to win and damage awards tend to be small. It would be very unusual for an attorney to be willing to take a defamation case on a contingent fee basis, and the fees expended in litigating even a successful defamation action usually exceed the total recovery.

A good attorney would tell Mr. Penzler to forget about it, as everyone else would have if only he hadn’t sent his unfortunate threatening email.

]]> By: Ron http://www.edrants.com/otto-penzler-threatens-me-with-a-lawsuit/comment-page-1/#comment-38433 Ron Sun, 27 Aug 2006 00:47:17 +0000 http://www.edrants.com/?p=4163#comment-38433 If somebody whose public image rested upon his status as a publishing industry luminary decided to sue a blogger for making fun of him, I would totally lap up the opportunity not to have to go looking for stories to comment upon in my blog covering the publishing industry! Nor would I be afraid to express my opinion about the matter! If somebody whose public image rested upon his status as a publishing industry luminary decided to sue a blogger for making fun of him, I would totally lap up the opportunity not to have to go looking for stories to comment upon in my blog covering the publishing industry! Nor would I be afraid to express my opinion about the matter!

]]> By: TEV http://www.edrants.com/otto-penzler-threatens-me-with-a-lawsuit/comment-page-1/#comment-38420 TEV Sat, 26 Aug 2006 23:40:45 +0000 http://www.edrants.com/?p=4163#comment-38420 If this foolishness gets to the point of requiring a legal defense fund, I'm down for a contribution. If this foolishness gets to the point of requiring a legal defense fund, I’m down for a contribution.

]]> By: Lynn http://www.edrants.com/otto-penzler-threatens-me-with-a-lawsuit/comment-page-1/#comment-38327 Lynn Sat, 26 Aug 2006 14:38:53 +0000 http://www.edrants.com/?p=4163#comment-38327 In keeping with 17 U.S.C. § 107, the Sumpreme Court has already noted artists' attitudes toward parodies. They found that it was unlikely that any artist would find parody a lucrative derivative market, as artists "ask for criticism, but only want praise." (Campbell v. Acuff-Rose Music, Inc. '94) Still, this situation is why I only parody dead writers. Good luck with it. In keeping with 17 U.S.C. § 107, the Sumpreme Court has already noted artists’ attitudes toward parodies. They found that it was unlikely that any artist would find parody a lucrative derivative market, as artists “ask for criticism, but only want praise.” (Campbell v. Acuff-Rose Music, Inc. ’94)

Still, this situation is why I only parody dead writers. Good luck with it.

]]> By: David Thayer http://www.edrants.com/otto-penzler-threatens-me-with-a-lawsuit/comment-page-1/#comment-38142 David Thayer Fri, 25 Aug 2006 22:55:06 +0000 http://www.edrants.com/?p=4163#comment-38142 Isn't "Libel" spelled thus? Sorry for the hassle Ed. Isn’t “Libel” spelled thus? Sorry for the hassle Ed.

]]> By: Jimmy Beck http://www.edrants.com/otto-penzler-threatens-me-with-a-lawsuit/comment-page-1/#comment-38052 Jimmy Beck Fri, 25 Aug 2006 14:01:02 +0000 http://www.edrants.com/?p=4163#comment-38052 I don't want to have to organize a "Free Ed" campaign. I hope your "ass" has a good lawyer just in case. I don’t want to have to organize a “Free Ed” campaign. I hope your “ass” has a good lawyer just in case.

]]> By: Jim Winter http://www.edrants.com/otto-penzler-threatens-me-with-a-lawsuit/comment-page-1/#comment-38036 Jim Winter Fri, 25 Aug 2006 12:14:57 +0000 http://www.edrants.com/?p=4163#comment-38036 Well, that's one store in Tribeca I'm not patronizing next time I'm in town. Well, that’s one store in Tribeca I’m not patronizing next time I’m in town.

]]> By: Finn http://www.edrants.com/otto-penzler-threatens-me-with-a-lawsuit/comment-page-1/#comment-38032 Finn Fri, 25 Aug 2006 11:47:23 +0000 http://www.edrants.com/?p=4163#comment-38032 Sounds like you still have a bit of a rat problem. I'd never heard of Penzler until I read about him here. Out of curiousity I googled him and took a look at his writing. My first impression: maybe he should sue himself. Sounds like you still have a bit of a rat problem.

I’d never heard of Penzler until I read about him here. Out of curiousity I googled him and took a look at his writing. My first impression: maybe he should sue himself.

]]> By: Gwenda http://www.edrants.com/otto-penzler-threatens-me-with-a-lawsuit/comment-page-1/#comment-37858 Gwenda Fri, 25 Aug 2006 01:44:00 +0000 http://www.edrants.com/?p=4163#comment-37858 Welcome to the big time! Welcome to the big time!

]]> By: Sarah http://www.edrants.com/otto-penzler-threatens-me-with-a-lawsuit/comment-page-1/#comment-37855 Sarah Fri, 25 Aug 2006 01:25:10 +0000 http://www.edrants.com/?p=4163#comment-37855 And for those needing a refresher on Hustler v. Falwell: http://www.bc.edu/bc_org/avp/cas/comm/free_speech/hustler.html http://en.wikipedia.org/wiki/Hustler_Magazine_v._Falwell And for those needing a refresher on Hustler v. Falwell:

http://www.bc.edu/bc_org/avp/cas/comm/free_speech/hustler.html

http://en.wikipedia.org/wiki/Hustler_Magazine_v._Falwell

]]> By: Roddy Reta http://www.edrants.com/otto-penzler-threatens-me-with-a-lawsuit/comment-page-1/#comment-37826 Roddy Reta Fri, 25 Aug 2006 00:35:19 +0000 http://www.edrants.com/?p=4163#comment-37826 Is it really any different from what Larry Flynt did with Jerry Falwell? I thought the law was pretty clear cut in this area. Is it really any different from what Larry Flynt did with Jerry Falwell? I thought the law was pretty clear cut in this area.

]]> By: Kevin Holtsberry http://www.edrants.com/otto-penzler-threatens-me-with-a-lawsuit/comment-page-1/#comment-37807 Kevin Holtsberry Thu, 24 Aug 2006 23:32:32 +0000 http://www.edrants.com/?p=4163#comment-37807 I continue to be amazed at the angry and litigious reaction of newspaper columnists and other traditional media types to obvious satire. Sad really. I continue to be amazed at the angry and litigious reaction of newspaper columnists and other traditional media types to obvious satire. Sad really.

]]> By: TJ http://www.edrants.com/otto-penzler-threatens-me-with-a-lawsuit/comment-page-1/#comment-37806 TJ Thu, 24 Aug 2006 23:31:28 +0000 http://www.edrants.com/?p=4163#comment-37806 What's a "liable suit"? Is it one you can depend on? What’s a “liable suit”? Is it one you can depend on?

]]> By: Jeff http://www.edrants.com/otto-penzler-threatens-me-with-a-lawsuit/comment-page-1/#comment-37767 Jeff Thu, 24 Aug 2006 21:47:22 +0000 http://www.edrants.com/?p=4163#comment-37767 Some other stuff? That sounds kinky. Some other stuff? That sounds kinky.

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