Sunday, July 23, 2006

Where Did the Lawyers Dig Her Up?

A blog reader below makes what I think are sensible observations about my exchange with Pamela Ferris-Olson (see previous post, http://freelancerights.blogspot.com/2006/07/mystery-of-incredible-shrinking.html). The speculation of "some hidden subtext here" is wonderfully dry understatement. I have a feeling that the Mystery of the 11 Incredible Shrinking Category C Declarants will not be going away soon.

The vast majority of freelancers covered by this agreement -- and its "affirmative" requirement for deleting material from databases -- are not members of the three writer orgs; and thus had no protection from the defendant claims because there was no one providing them with information. Thus, the "informed consent" necessary to conclude writers approved the settlement is false.

It appears to me this woman is either completely naive, or there is some hidden subtext here. My take on this is that the lawyers dug her up, called her up, and simply told her "It's this or nothing. So suppose we do the work for you, send you the letter and you sign it"?

In other words, she might have been completely unaware of alternatives, of the truth, that there was anyone fighting for her, etc. And the lawyers never told her about the opposition. So now, having made the decision and discovered she'd been misled, she doesn't want to admit it. (She gets regular work from a newspaper. So perhaps that also factors into it
.)

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