Lawsuit: "You Stole My Story"

The Hollywood Reporter says that Stephen King is being sued for copyright infringement. Rod Marquardt claims that Duma Key has major portions lifted from his book Kellers Den. Of course a jury trial is demanded. It seems each novel King produces, there is someone nearby to say it was their idea. "Hey, I know where Stephen King gets his ideas... from me!"
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Here's the heart of the legal complaint:
“Duma Key” contains original creative copyrightable elements, derived from Plaintiff’s copyrighted original literary work “Keller’s Den”, throughout the course of the literary work created by Defendant Stephen King." And, "Defendant Steven King’s 2008 novel entitled “Duma Key” is substantially similar to Plaintiff Rod Marquardt’s original literary work “Keller’s Den in the following ways, but not limited to, plot, plot devices, structure, sequence of events, setting, characters, characterizations, character function and relationships."
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The List:
After this explanation of the complaint in legalese, a chart cuts to the heart of the complaint. This is where you're left thinking, "That's it? Really?" The list is pretty long, but I'll post some of my favorites:

• "Both main characters use a psychiatrist to help them cope with tragedies." Wow.
• "Both novels cite “earthbound”
• "The first mention of a specific color while painting or drawing is yellow (Keller’s Den used Indian Yellow, page 213 – Duma Key used Venus Yellow, pages 43, 57, 58)."
• "Both novels use the word “cavalry” as being rescued from the intruder when someone else shows up."
• Get this. . . "Both novels reference an evening breeze through a back door just before someone is killed" The complaint then states, "an amazing sequence of chance."
• "An asylum is references in both novels."
• "In both novels rain cascades, pelts or beats against windows and lightening illuminates both houses during a storm and during the storm, a painting was significant."
• You'll like this, "Both main characters had liquor cabinets but seldom drank hard."
• Wait, we're not done. Get this, "Both novels reference ancient weaponry."
• "An old black and white photo of ancestors is referenced..." I guess King should have referenced an old color photo.

What's funny is when the complaint announces that passages read exactly the same. Then the passages are lined up one after the other (Kellers Den and Duma Key.) Result... they're completely different!

The complaint goes on and on and on. To believe it, you would have to beleive King read Kellers Den, then decided to rewrite the whole thing. a feat possibly more difficult than just writing your own novel!

Hey, did I ever mention that I wrote a novel in High School called "Silent Parameter." It was about a city that is cut off from the rest of the world by a strange mist? Kind of a mix between Under The Dome and The Mist, right? Only, I wrote my 400 pages in 1991. It wasn't very good (come on, I was in High School). But my point is that there will be lots of similarities in any persons work with other peoples writing. Why? Because there's so many of us!

By the way, the complaint misspells Stephen Kings name multiple times, identifying him in the text as "Steven King."
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Names:
It gets better yet! Note this, "Both novels use the following similar or identically named characters..." Now, if both novels have people named Monica Hinkson, there might be some raised eyebrows.
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Here are the names King is accused to have copied: "Jones" "Jack" "John" "Tina" "Richard" "Jimmy" "Smith" The complaint explainst hat Keller’s Den has Steve Smith while Duma Key has Sandy Smith. So King stole the name Smith. Smooth!
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Also the name: "Frank" and get this from the complaint, "Keller’s Den has Keller (throughout). Duma Key has Garrison Keilor, the poet." But Garrison Keilor is a real person! If Keilor is too close to Keller, shouldn't they be suing him and not King?
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Here's another great line, "Keller’s Den has Billy (pages 129, 130, 131, 132, 144). Duma Key has Bill (page 395)." Get it! Billy and Bill.
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So what's wanted? The complaint says, "Rod Marquardt is entitled to actual damages including all profits reaped by the Defendants as a result of their infringement pursuant to the Copyright Act, 17 U.S.C. §504."
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You can read the complaint yourself here: http://www.courthousenews.com/2010/12/07/StephenKing.pdf
And the Hollywood reporter article here: http://www.hollywoodreporter.com/blogs/thr-esq/hollywood-docket-stephen-king-accused-57100?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+thr%2Fbusiness+%28The+Hollywood+Reporter+-+Business%29