A blogger is being threatened with legal action for (a) a statement made on his blog which could be viewed as defamatory, and (b) violating copyright by re-printing an e-mail. How will the blogosphere react?
How indeed? Given the personalities involved, it is an interesting guess. The blogger in question is Don Luskin, who has been contacted by the publisher of Paul Krugman's textbook.
Here is the allegedly defamatory post, from last December.
Briefly, Luskin mocks the process by which a Prof. Gail Hoyt of the University of Kentucky adopted Krugman's new textbook for her classroom, suggesting that an opportunity to win a $200 Amazon gift certificate may have been part of her decision.
The attorney for Krugman's publisher then argues that Luskin violated copyright by re-printing what looks like a mass e-mailing without permission, and defamed Prof. Hoyt by suggesting that she had been bought off. In fact, we learn, she has not adopted the textbook.
The attorney says that:
Frankly, I am mystified as to how you could have drawn the conclusion that the $200 prize was a reward for adopting Professor Krugman's book from the Charlie Van Wagner letter you reprint in your post as "evidence" of your allegation. There's nothing in the letter that even remotely supports such a claim, making it hard to resist the conclusion that you made the allegation up out of whole cloth to support what I understand to be your ideological crusade against Professor Krugman.
Frankly, I am mystified by the attorney's inability, or unwillingness, to read the e-mail Luskin posted (which is, after all, evidence in both allegations). The lead sentence is this:
If you responded to my email and provided feedback for ranking factors that affect your adoption decision, I just wanted to let you know how much we at Worth Publishers appreciate it.
Emphasis added. In light of the new information, I will grant that the phrase "factors that affect your adoption decision" does not have to mean that a decision was in fact made to adopt the book. But that interpretation hardly seems to have been made up out of whole cloth.
And what else does Paul Sleven, the attorney for Worth Publishers, tell us?
The allegation that Worth would pay and Professor Hoyt would accept in effect a bribe to influence her selection of her class's economics text defames both Worth and Professor Hoyt.
Please - get me the marketing department of Worth Publishers on the phone (or, if need be, the witness stand). Why would they have the promotional conferences, the free drawings, and the free sample textbooks if not to influence the adoption decision? That is not a bug, it's a feature!
If the attorney for Worth Publishers chooses to characterize the activities of their own marketing department as "in effect a bribe", I would suggest that it is Worth that is defaming the many people who purchase their products. [More here].
Just to save people a link, here is what Luskin wrote last December:
It seems that the "adoption decision" is influenced by lottery prizes associated with filling out surveys with respect to the "adoption decision" itself.
Bold words!
Of course, there is a huge, ghastly backstory to all this (Did you guess?). Back in 2003, Krugman claimed that he was being stalked intellectually. Then, on Hannity and Colmes, he upgraded that with this famous quote:
Krugman: PoorandStupid.com [Don Luskin's website]. That's a stalker. That's a guy who actually stalks me on the Web and once stalked me personally.
The difference between "literal" and "figurative" did catch people's eye as they contemplated Krugman's arguably defamatory allegation.
There was an uproar in the blogosphere: Luskin made some noises, asked Atrios to remove a repetition of the defamatory comment, Luskin involved some lawyers, and folks went mad.
Dan Drezner has lots of links to the uproar; from right to left, NRO to Atrios, the reaction was, waddya, nuts? (I was in a contrary mood, and what are the odds, so I rallied as much of a defense for Luskin as I could).
So, what will happen today? My guess - from the left, silence for reasons good and poor. This is ardent righty Don Luskin we are talking about, and the "victim" is a once-obscure University professor rather than a fellow blogger, so the cases will be seen as clearly different. The e-mail copyright issue will be ignored.
From the right, time will tell. If bloggers can't cheap-shot university professors, what's next? Can we say what we really think about reporters? Where is the line?
And does anyone think that it is Prof. Gail Hoyt driving this lawsuit? At the risk of defaming her, I will guess that the real impetus can be found elsewhere.
In any case it is clear that Luskin ought to update his original post to note the non-adoption. Whether he needs to apologize to anyone under threat of a lawsuit remains to be seen. I'll say this - if it were me, I would fold up like a cheap suitcase - the attorneys would find me whimpering in the back part of my closet where I normally agonize about filing my taxes (and yes, I recently cleared that space to get ready for my own "March madness").
But Don is made of sterner stuff!
Now, there is an obvious caveat to this - if the two sides have been exchanging e-mails for a while and this is the culminating eruption, Don Luskin ought to let us know.
However, he assures me by e-mail (which I dare not reprint) that his first contact with this issue was by means of the threatening letter. That being so, let's just say that the attorney for Krugman's publisher is being ridiculous.
MORE: At the risk of defaming him, the question of why the publisher's attorney is having such a hard time reading the e-mail and seeing how Luskin derived his false inference is explained by Krugman, below.
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