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

11 comments:

  1. This comment has been removed by the author.

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  2. I have noticed each comment on here against Stephen King gets deleted. Is this a biased site or one devoted to Mr. King?

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  3. Blane The Mono. . .

    Dear Blogger who currently goes by the name “Teri”,

    “Each” comment against Stephen King is not deleted; only yours. SSDD.

    Your online behavior has been in league with Herold Lauder – down right freakish. If not rising to the level of Flagg himself as you make up online names to go by.

    You posted at least 9 times using different names. (A first name and then a last initial.) Always with your negative King comments. So if you want to act like Annie Wilkes, I don’t have to let your comments stay on the blog.

    It’s just down right Randall Flaggish to put other people’s names on your comments.

    Next time you choose to come on this blog and offer your anti-King rants, let me suggest some names you could go by:
    ..Gerald, since you want us to be spell-BOUND by your opinion
    ..Leland Gaunt, since your behavior is duplicitous
    ..Herold, since you want to be creepy.
    ..Tom Collins, since you can’t figure out if this is a pro-Stephen King site or not. MOON, that spells Stephen King rocks.

    And hey, no hard feelings. As Annie Wilkes would say, break a leg.

    I'll stop the train now and let you off. Christine is waiting to give you a ride.

    Sincerely,
    Blane The Mono.

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  4. What an idiot! As if Stephen King is going to plagiarize the hack work of some vanity published author. The guy is with Publish America for Pete's sake. The single worst publisher in the world. Just pathetic. I hope Stephen King's lawyers make this idiot pay their legal fees to defend the action (which they can and probably will do).

    It's stephen king you dummy! He doesn't go trolling through the heaps of crapy books put out by publish america to steal a couple ideas (which, FYI, aren't protected by copyright laws anyway!).

    Mind boggling how stupid some people can be!

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  5. I wonder who else may be in the same situation as Rod?

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  6. Frog, you wonder who else is in the same situation as Rod? What situation is that? The situation that he is a hack 'writer' (I can't say author b/c it's too grand a word for him).

    This is a blatant attempt at a pay-day. Just pathetic. I thought the adage was "those who can't do, teach," but I guess it should be "Those who can't do, sue those who can."

    I mean, it was already clear that the guy wasn't playing with a full-deck since he gave his book to 'publish america' (it takes 2 seconds with google to see that that vanity press is about as bad as they come) but who the hell does he think he is that Stephen King is going to read his garbage? The only people who even know he has a book are his family. How embarrassing for them, too.

    This guy's career-if he ever had one- is over. If he ever wants to write again he'll have to change his name.

    Hands down the biggest dumb ass of the year.

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  7. "It's Stephen King you dummy!" I'm sure that will hold up in court.

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  8. Oh hey, stephen king stole my idea, too. He wrote his last book on paper, and used names to identify his characters. I did the same thing with my book.

    Gha, what a douche-bag.

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  9. I think that in order to prove their case, they will not only have to show common names (like, uh, "JACK") or common plot (painting and skeletons)... but will have to show King ahd access to Kellers Den.

    I thought about reviewing Kellers Den with Duma Key, but then decided not to give Kellers my money.

    Seems like there was a similiar complaint about Desperation. The case was ruled in King's favor.

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  10. all the big time authors get sued for copyright by wannabe writers who couldn't make it. You can't copyright an idea. do you know how many vampire-human-ware-wolf love stories there are? Ones that follow, almost to the letter, that of Twilight? do you know how many magic-kid-goes-to-magic-school books there are? Hell, Twilight and Harry potter weren't even the first in their genres. They were just really popular.

    I could write a book tomorrow about a captain of a space ship who explores strange new worlds, who seeks out new life and new civilizations, who boldly...... But I couldn't name him James T. Kirk, and I couldn't make his first mate a Vulcan.

    This guy needs to stop trying to get attention by pulling down real writers. He's pathetic!

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  11. King also stole one of my stories; who is your attorney?

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