You can download a .pdf of it here. Attempting to read legal documents always makes my head hurt, and I know other folks will have better analysis of it up later today, but here’s what I gleaned from scanning through it:
* Both parties must refrain from making “ad hominem attacks” on each other as long as they are alive and/or Fantagraphics is in existence. They are free, however, to critique each other’s work. They are also forbidden to ever discuss the settlement.
* Fantagraphics will remove two passages from the upcoming “Comics As Art” book.
* If the TCJ: Writers book is published again, Ellison’s name will be stricken from the cover and his interview in the book will be removed.
* Gary Groth (or some other Fantagraphics representative) will post a 500-word essay on Ellison’s message board to rebut statements Ellison made accusing Groth of embezzling funds and comparing him to a child molester. The statement will go online within five business days.
* Ellison gets two free copies of any book Fantagraphics publishes that contains anything he’s written.
* The Fantagraphics Defense Fund will come to a close with any remaining money going towards defraying lingering litigation fees.
There’s more, but that’s what I could make out to be the highlights, though I’m sure I missed something. Be a pal and let me know what it was.
August 17th, 2007 at 7:47 am
First?
August 17th, 2007 at 7:49 am
So they’re forbidden to discuss the agreement, but Fantagraphcs is allowed to distribute copies of it? That a bit hair-splitty, isn’t it?
Interesting that Fantagraphics gets to rebut Harlan’s statements, but Harlan is not required to RETRACT the statement. And I’m sure the message on Harlan’s board (talk about sitting on the wrong end of the stadium) will not be commented on until crack of doom by everyone…except Harlan.
August 17th, 2007 at 7:59 am
…No “ad hominem” attacks, but they’re allowed to “critique” each other’s work? That’s the same thing as giving a junkie a syringe full of heroin and telling him he can’t ever use it.
Bottom Line: Groth should have never settled, because Harlan deserved to lose this case if only to teach him a lesson about filing bullshit lawsuits. He’s pulled this stunt too damn many times to be allowed to get away with it.
August 17th, 2007 at 8:11 am
They’re allowed to say “This book appears to be the work of an illiterate syphilitic dockworker”, but they can’t say “He is an illiterate syphilitic dockworker”. Seems reasonable. It just means they have to be more subtle with their choice of words. Which is as it should be -Shakesperean insults are always more fun.
Charles Schulz did a Peanuts strip once about the joy of using words like “Puzzlewit” and “dimbulb” in insults instead of simple words like “Idiot”. Can’t find it right now.
August 17th, 2007 at 9:07 am
Ad honimem attacks in general should be forbidden. Under pain of the cutting of both big toes.
August 17th, 2007 at 9:36 am
So that means I have to get a copy of the TCJ Writers book now before it goes to a 2nd printing.
I kind of share OM’s sentiments above.
August 17th, 2007 at 10:22 am
As a former Fantagraphics employee, and fan of Mr. Ellison’s work, I am delighted to see this end. Gary Groth was an excellent boss to work for, and I do not know anyone who has dealt with him here in Seattle who thinks otherwise. He was always courteous to me, and his rigorous use of logic to critique my own work certainly helped me hone my writing. My best wishes to both parties involved, and a big shout out to the current Fantagraphics crew.
August 17th, 2007 at 11:22 am
Fantagraphics got HOSED. They can’t reprint Ellison’s interview from the Comics Journal. They have to retract their comments about Ellison and the Fleischer trial. I’m rather shocked at how much Fanta had to concede.
August 17th, 2007 at 11:45 am
Well what do you expect!
Harlan is Harlan.
Groth is–I don’t…
dc
August 17th, 2007 at 12:32 pm
Harlan who?
August 17th, 2007 at 3:31 pm
Vinnie, there’s a difference between the “settlement” being provided online, even by Fantagraphics, and either side commenting on the matter. The settlement is a matter of public record and should be easily available to the public. The two sides have agreed not to comment on (i.e., discuss) the specifics of the settlement. (Ellison is also free to post the settlement on his site for the benefit of his fans who don’t read other sites; he’s just not allowed to comment on it–which doesn’t mean others can’t.)
August 17th, 2007 at 4:43 pm
Harlan Ellison is a raving psychopath, and Fantagraphics should have held out for far more. False molestation accusations are just plain nuts, and he should be forced to make restitution for it. I’ve NEVER been impressed with that nutcase, either with regard to his writing or his personality.
August 18th, 2007 at 1:07 am
“Gary Groth (or some other Fantagraphics representative) will post a 500-word essay on Ellison’s message board to rebut statements Ellison made accusing Groth of embezzling funds and comparing him to a child molester. The statement will go online within five business days.”
That’s typical Ellison. If someone angers him, no matter how trivially, Harlan will compare that person to a molester/rapist. It’s a shame nobody takes Harlan to town by sueing him for slander. Harlan is a bully who uses the legal system as a game. Its a shame Fantagraphics didnt have the resources, time or whatever to crush that whinny midget in court. They really took a dive on settling. It was such a bullshit court case, but Harlan’s #1 source of income is suing people so he tries to go after everyone he can.
August 19th, 2007 at 12:02 am
Ray Cornwall—
If Grothco felt they shouldn’t have conceded, they should have not agreed to mediation.
rassmguy—”…raving psycopath,…?” Pretty strong words.
OM—If the court felt it was a “bullshit” suit, then why didn’t the court throw it out?
August 21st, 2007 at 12:47 am
My favorite Harlan story:
http://www.penny-arcade.com/2005/09/26
Second post, “Foolscap.” Old news, I know, but still makes me laugh.
Two other thoughts:
1) If Harlan Ellison hasn’t called you a pedo, you haven’t made it in publishing. ^_^
2) Harlan Ellison = Denny Crane, only without the redeeming sweetness, nobility of character, and wotsit. Humour.
January 24th, 2008 at 12:43 am
I am not all that privy to any details about this matter, but when Ellison sues he’s in it for the long haul even if it means the financial ruin of his legal prey. Common sense dictates that the settlement was a necessary evil. It would have been the end of Fantagraphics if they had not settled.
After all, Harlan sure knows how to use the system for his benefit and everyone else’s detriment. When he fights someone–even in court–he’s like a pit bull and won’t let go until someone pulls him off.
I’ve never worked for Fantagraphics or Ellison, but I’ve been a fan of both. Or, should I say that I’m an ex-fan of Ellison’s. I must say that I have my own “rabid Harlan” story, but I won’t share it here. Let’s just say that it ended without my butt getting sued–you can’t sue someone who is dirt poor, you know.