Tuesday, August 30, 2005

Earth to NWU: Do the Right Thing

The National Writers Union website has removed its "Important Message from President Colby and Former President Tasini." This after our blog exposed several amateurish, and non-trivial, errors in their explanation of the July 28 amendment to the UnSettlement. We're back to the terse August 24 pointer to the amended notice (mislabeled 8/22) and the promise that "A fuller explanation will be posted shortly."

Folks, you can't make this stuff up.

Presumably the presidents' words of wisdom are being retooled into Important Message, Version 6.27, by their lawyer Gary "The Dog Ate My Homework" Fergus. When last seen on the national stage, Fergus was testifying before Congress about his counsel to the authors of the infamous "Enron memos" plotting the manipulation of the California energy markets. Fergus performed this public service when he was a partner in the now-defunct San Francisco firm of Brobeck, Phleger & Harrison, which imploded in the dot-com bust.

Back to the NWU. You have two options. You can let this farce play out agonizingly for more months or years. Or you can announce that your lawyers have misled you in the negotiation of this consolidated class action settlement -- most notably with the abominable and unconstitutional "License by Default" -- and that you're killing it.

The latter course would be the best way to honor your victory in Tasini v. New York Times.


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