'A Great Example of Disingenuity And Fudging'
I would encourage anyone who is interested to read the ASJA brief supporting the settlement as a great example of disingenuity and fudging.
One highlight among many is in section B under mediation. The first part lists the information that the plaintiffs asked for. It then says, "All information that was available was provided," which suggests that all the information the plaintiffs asked for was provided. In fact, the lawyers who represented us, one of whom has since accepted a job working for the other side, accepted at face value the claim by d-base companies that they did not have most of the requested information. Therefore, in a staggering omission that would seem to call into question the attorneys' very competence, no discovery was ever done. Almost none of the requested information was provided....
There are other nuggets, such as the claim that this suit is supported by a "vast majority of the class." The vast majority of the class has no friggin' clue that any of this is going on, despite the lawyers' assertion that it has been widely publicized ... in "7 magazines." No joke. Seven. It's also been in newspapers. As the number of writers making claims will attest, the vast majority neither support nor oppose: they don't even know the game's on. As for the rest, the lawyers, whose goal for a long time has been to protect their interests (i.e. their fee, not us) characterize the opposition as limited to the 12 who took the considerable trouble to actually file and voice their opposition.
In other words, in their view silence is assent, just as the failure to file a claim by September 30 is, they say, affirmation that writers want or agree to give up all future rights by default. It's galling. But don't take my word for it. Read it yourself.