Authors Guild, ASJA -- Two Fish That Rot from the Head
Below is the text of my declaration in support of objectors’ attorney Charles Chalmers’ motion for discovery related to approval of the copyright class action settlement. It is being filed with the court today.
I, Irvin Muchnick, under penalty of perjury, declare as follows:
1. On August 8, 2005, I received information that Kay Murray, general counsel of associational plaintiff Authors Guild, had left that job to work for contributing publisher Tribune Company. On August 9, I called the Authors Guild office in New York and confirmed that Ms. Murray was no longer employed there. I then called the Tribune Company’s New York office, confirmed that she was employed there, and was told that her direct phone number was (212) 210-2885. I called that number and heard an outgoing voicemail message from someone identifying herself as Kay Murray.
2. Ms. Murray is listed as the contact person for the Authors Guild in the March 29 news release about the settlement that remains posted at the website of the Authors Guild, as well as at those of the other associational plaintiffs, and at their joint informational website, http://www.freelancerights.com. She is also described by mediator Kenneth Feinberg, in his declaration of May 16, 2005, as one of the “leaders” of the Authors Guild who represented the class in negotiations.
3. The website of associational plaintiff American Society of Journalists and Authors (ASJA) shows that ASJA has a business relationship with defendant LexisNexis. Attached as Exhibit A are printouts of the home page at the ASJA website, with a link to a joint ASJA/LexisNexis promotion in the top right-hand corner, and of the linked page itself with the details of the promotion. The relationship benefits LexisNexis by giving it a sponsorship booth at ASJA’s annual writers’ conference, where a targeted population of potential customers gathers, as well as advertising targeted at visitors of the ASJA website. The relationship benefits ASJA by providing a premium service to its members at a discount.
4. I first became aware of the ASJA-LexisNexis business relationship in May of this year, and I am informed and believe that it dates back to late 2004. Without question the relationship dates back to prior to the associational plaintiffs’ March 29 public announcement of a motion to the Court for preliminary approval of the settlement. The foregoing statement is based on the fact that the 2005 ASJA writers’ conference was in April, 2005, and preparations and literature for the event were in process well before that date. The particular LexisNexis product that is being promoted -- LexisNexis AlaCarte -- was launched in December 2004.
Executed this 31st day of August, 2005, in Berkeley, California.
_/s/_
Irvin Muchnick
I, Irvin Muchnick, under penalty of perjury, declare as follows:
1. On August 8, 2005, I received information that Kay Murray, general counsel of associational plaintiff Authors Guild, had left that job to work for contributing publisher Tribune Company. On August 9, I called the Authors Guild office in New York and confirmed that Ms. Murray was no longer employed there. I then called the Tribune Company’s New York office, confirmed that she was employed there, and was told that her direct phone number was (212) 210-2885. I called that number and heard an outgoing voicemail message from someone identifying herself as Kay Murray.
2. Ms. Murray is listed as the contact person for the Authors Guild in the March 29 news release about the settlement that remains posted at the website of the Authors Guild, as well as at those of the other associational plaintiffs, and at their joint informational website, http://www.freelancerights.com. She is also described by mediator Kenneth Feinberg, in his declaration of May 16, 2005, as one of the “leaders” of the Authors Guild who represented the class in negotiations.
3. The website of associational plaintiff American Society of Journalists and Authors (ASJA) shows that ASJA has a business relationship with defendant LexisNexis. Attached as Exhibit A are printouts of the home page at the ASJA website, with a link to a joint ASJA/LexisNexis promotion in the top right-hand corner, and of the linked page itself with the details of the promotion. The relationship benefits LexisNexis by giving it a sponsorship booth at ASJA’s annual writers’ conference, where a targeted population of potential customers gathers, as well as advertising targeted at visitors of the ASJA website. The relationship benefits ASJA by providing a premium service to its members at a discount.
4. I first became aware of the ASJA-LexisNexis business relationship in May of this year, and I am informed and believe that it dates back to late 2004. Without question the relationship dates back to prior to the associational plaintiffs’ March 29 public announcement of a motion to the Court for preliminary approval of the settlement. The foregoing statement is based on the fact that the 2005 ASJA writers’ conference was in April, 2005, and preparations and literature for the event were in process well before that date. The particular LexisNexis product that is being promoted -- LexisNexis AlaCarte -- was launched in December 2004.
Executed this 31st day of August, 2005, in Berkeley, California.
_/s/_
Irvin Muchnick
posted by Irv Muchnick at 8:07 AM
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