text:
So there's another possible case of a blogger creating a false persona on the web – and this time, not just gender but sex is in play. At Carnal Nation, Monica Shores alleges that Alexa Di Carlo, who chronicles her career as a paid escort at the Real Princess Diaries, is not a sex worker. According to some of the allegations, she may not even be a woman. Quite a few sex workers are outraged at this apparent fakery (for instance Tasty Trixie, Jenny DeMilo, a dancer named Kat, and lots of others, I'm sure – be forewarned that their sites are generally not safe for work, as is Real Princess Diaries). They have at least two main grievances that seem pretty righteous to me: If Alexa is indeed a fake, she is creating fake expectations, too, that at their worst could put sex workers at greater risk. And Alexa uses oodles of erotic photos that aren't of her, without any attribution.
Now, having never sold any service sexier than food, I'm totally unqualified to judge whether Alexa is credible as a sex worker. However, I'm totally fascinated by how people can play with and fake identities on the Web, and so I started rummaging around in her archives when I first heard about this story (via figleaf) a few days before Christmas.
The first thing I read was a post titled "The History of Sexuality," since that's my own turf. Guess what? Alexa also claims to be a graduate student in human sexuality studies at San Francisco State University, aspiring to an academic career. Now that's an area where I've got a clue.
And guess what else? I'm dead sure her academic credentials are fake. I have no interest in outing anyone – I expect people to honor pseudonymity and anonymity – so even if I knew who the "real" real princess was (which I don't), I wouldn't be inclined to reveal her name. But as an academic, I feel pretty strongly disinclined to tolerate fraud in my corner of the world.
When I went back after Christmas to look for that "History of Sexuality" post, it had disappeared from her archives. Since then, her whole blog has gone dark, including a very long post in which she defended her authenticity. She has also deleted her MySpace profile (though it – like her blog posts – is still in Google's cache) and protected her tweets on Twitter.
The very fact that her "History of Sexuality" post disappeared early is suggestive because it contained a lot of detail that can be mapped onto real world correlates. For instance, SFSU really did offer a grad-level History of Sexuality course in fall 2009, which was taught by Prof. Amy Sueyoshi, and its syllabus (freely available online) really did include an assignment matching Alexa's description of it:
For one of my classes this semester I have to develop my own syllabus for a History of Sexuality class for undergraduate college level students. This has to include a description of the topics and suggested readings (along with justification for those readings) for each.
With that in mind, I'd like your input. Read through this proposed two-semester outline and see if there's anything else you think should be covered in a History of Sexuality course. I don't mind you delving a bit into each topic, but don't get into minutiae about specific thoughts or points of specific discussion within each. Other than that, though, feel free to make any comments you wish about this.
(This and subsequent quotations are from the cached version, so I can't provide a permanent link, but you can access my pdf of the cached version of History of Sexuality for verification. For as long as it lasts, Google's cached version is here. Just in case the site ever goes back online, the original URL for the "History of Sexuality" post is here.)
She then includes this list of textbooks:
- Sexualities in History
- The Mythology of Sex
- Encyclopedia of Unusual Sex Practices
- Passion and Power Sexuality in History
- Sexuality in Medieval Europe: Doing Unto Others
- Encyclopedia of Prostitution and Sex Work
- The Ethical Slut
One of her commenters proposed an obvious addition:
I can't imagine a course titled History of Sexuality that doesn't list in its readings The History of Sexuality: An Introduction by Michel Foucault. Of course, this isn't a history in the traditional sense, but an examination of the construction of Sexuality as a concept, the categorization of sexual behavior, and the proliferation of sexual discourse (primarily as a control/power structure). Having a course with that title will immediately set up expectations for reading Foucault.
Okay, so Foucault is a tough read, and you wouldn't necessarily want to assign it in an undergrad class unless it was aimed at especially advanced students. But that's not how Alexa responded:
And you've explained why it would not be a central reading assignment in the course itself. Certainly, it'd be discussed, but, as you say, it's not a historical text in and of itself.
Oops. Anyone who's actually read Foucault's History of Sexuality would never dismiss it on these grounds. No, it's not a traditional history, but it's conceptually crucial to understanding the history of sexuality. For instance, it was Foucault who first argued that homosexuality is a socially constructed and thoroughly modern category (though other historians have since fleshed out this insight).
In an earlier post, where Alexa listed her recommended books on sexuality, she did include Foucault – but in a way that only undermines her academic credibility:
The History of Sexuality, Vol. 1: An Introduction, Michel Foucault. Foucault is difficult to read, so I am only recommending the first of his three books on sexuality. If you can get through this and want to continue reading, feel free to buy the other two. His philosophy is constructed around the assertion that regulation of sexuality is the work of power elites who are seeking to garner and protect their position of social dominance.
(A cached version of this post, "Recommended Reading," is here. My pdf of Recommended Reading is here. The original URL is here.)
Again, no! If a student submitted this précis to me as part of an annotated bibliography, or if she described Foucault's thesis in this way, I'd have to assume she hadn't read him. At a minimum, I'd question whether she understood him. The whole point of Foucault's History of Sexuality is to describe power as decentralized and local in its workings. He does not conceptualize power as exercised in a top-down fashion. Instead, we're all implicated in the workings of power/knowledge, which are not simply "the work of power elites." I first read this book the summer before graduate school, and I understood that much. So should anyone who's already logged a year as a grad student in sexuality – if she's actually read the book.
But she does at least indicate here that she knows Foucault is difficult. How does she know this? And one thing weighed against my supposition that she hadn't done the reading: she also picked up on the term "regulation," which is pretty central to Foucault.
Well, I'm unfortuantely familiar with what students may do when they haven't done the reading but are desperate to keep up appearances. The worst response? Plagiarize from someone who has read it. I say "worst" because it's not only unethical, it's stupid. Professors know how to use the Google, too, you know.
And that's precisely what Alexa did here. She plagiarized. Here's Alexa:
His philosophy is constructed around the assertion that regulation of sexuality is the work of power elites who are seeking to garner and protect their position of social dominance.
And here's its original source, in a New York Times article from June 23, 2001, by Peter Steinfels on books that religious leaders have criticized as harmful:
Ellen Charry, another professor at Princeton Theological Seminary, chose "The History of Sexuality" by Michel Foucault.
"The effect of this book is to endorse the notion that the regulation of sexuality is the work of power elites who are seeking to garner and protect their position of social dominance," Professor Charry wrote.
By the way, with all due respect to Professor Charry, I still think it's a crappy precis for the reasons I described above. Professor Charry doesn't like Foucault's embrace of kink, which may explain why she's not inclined to tease out any of the nuances of his argument.
Now, only after I'd combed through Alexa's post without any inside information from people at SFSU did I learn through Tasty Trixie's comment section that one of the other SFSU grad students has a blog, The Sexademic. It's a smart and interesting blog. Its author, Jessi, confirms both that Foucault is a standard part of the curriculum, and that Alexa is not a student there:
She claimed in her posts to be studying in my graduate program (Sexuality Studies at SF State) and seems to have lifted information from the department profile of a fellow male graduate student.
For the record: there is no way this person is affiliated with my department. She knows a fair amount about sexuality studies but she constructed a syllabus of the History of Sexuality without including writings from Michel Foucault [Thanks Zoey for the cache link to Alexa's syllabus post]. History of Sexuality: An Introduction is one of the first sexual theory texts first year students read. No-one would leave Michel Foucault out of a basic sexuality reading list. This is tantamount to discussing the history of social labor movements without reading Karl Marx. Fail lady, fail.
I don't know who this person is and the only thing I care about is that she is falsely claiming intellectual territory in Sexuality Studies at my university. Back off. Go fake yourself a life somewhere else.
The Marx comparison is spot on (and wonderfully phrased!). The sexuality studies grad program at SFSU is pretty small, and having been in a similarly sized program, I know how hard it would be to hide a secret this big. Jessi's own identity is borne out by its website, as is the male student's. Elsewhere, Jessi makes a persuasive case that her fellow student is essentially being libeled (see the comments in Trixie's post) with details that again ring very true to an academic reader ("He would rather talk about Judith Butler and structural violence than write about deep-throating.)
Jessi's post not only provides further confirmation of Alexa's fakery; it also shows how a fake persona can have real world consequences. Alexa's charade put a completely innocent male grad student under suspicion. She has also used countless erotic photos on her blog without any attribution – which is one of the things that rightly infuriates other sex workers, because she's stealing their work. I guess a little academic plagiarism hardly registers when you're routinely swiping people's erotic photos to promote yourself.
The plagiarism really seals the deal, but other aspects of Alexa's proposed syllabus raised my eyebrows, too. Her statement, "I don't mind you delving a bit into each topic, but don't get into minutiae about specific thoughts or points of specific discussion within each," might have just been an attempt to keep comments focused on the big picture. But given that she's faked at least some of her academic background, it more likely indicates a fear of being caught out.
Her reading list is a curious mix, too. She has three academic titles (Ruth Karras' Sexuality in Medieval Europe, plus two essay collections, Passion And Power: Sexuality in History and Sexualities in History. The Mythology of Sex is an illustrated history – basically a coffee-table book. The two encyclopedias are completely unsuitable as textbooks, both because they consist of many short entries (duh!) and because the one on prostitution is super-expensive: $164 at Amazon, $225 list price. Encyclopedia of Unusual Sex Practices is affordable but it's not academic. These are books that might well be in the collection of someone who's fascinated with sexuality and sex work, but they're not the kinds of works that an instructor would steer a student toward, and certainly a second-year grad student ought to recognize their unsuitability.
Then there's the incredibly broad scope of the course itself. In the first week, she proposes covering:
Ancient and Early Cultures Sex from the beginning of recorded time through ancient civilizations, including Mesopotamia, Babylonia, the Roman Empire, Greece, and Egypt. Discussion of gods and goddesses of sex and related subjects. Discussion of Aztecs & polygamy, Mayan and Incan civilizations and incestuous practices.
(This and the following comments all come from the History of Sexuality post again.)
Another commenter, Charlie, notes that this kind of breadth is pedagogically self-defeating, even in a survey class:
It's not quite clear to me from your description of the assignment- is this supposed to be an examination of all of human sexual history? Can it be a course on some slice or portion of the topic? I don't think it's reasonable to try to cover this much material in this much detail. The amount of information that you propose to include, even in a two semester course, is more than most people can absorb, process, or integrate, at least in my experience. While others have said similar things in the comments, I would add that when you're asking students to explore sexual philosophies that are different from their own, you need to create the room for resistance, debate and exploration. This syllabus is so large and dense that I would expect there to be insufficient time for that. I think you'd do better to narrow the range and have more depth, in order to create room for people to challenge their ideas about what sex is and engage with ways of thinking about sex that are different from what they know.
Although it's evident that Charlie has a lot more experience with teaching than Alexa does, her response brushes off his very reasonable concern that the course is overly broad:
I think it depends on how in-depth the subject matter is covered. It is, obviously, not intended to be a comprehensive treatment of the totality of human sexual history.
I think the first semester is easily doable, without constraints.
If you're a graduate student really looking to refine a class assignment, you might want to seriously weigh advice from someone who's been there, rather than dismissing it.
After I'd already formed this impression, I found that "Charlie" appears to be Dr. Charlie Glickman, who writes at the Good Vibrations blog and works as a sex educator. In a post titled "Who Is Alexa di Carlo?" he says that he took her at face value and provided help on the syllabus assignment, including some email exchanges. But based on her alleged theft of images from a camgirl, he now very much doubts that Alexa is who she says she is. He strikes me as smart, credible, and generous with his time. He also knows Jessi through Good Vibrations, which gives her a few bonus credibility points, too.
So why would someone pretend to be a sex worker? Well, the consensus seems to be that one might do it for the attention or in hopes of a book deal down the road. Certainly Alexa doesn't seem to have earned any money directly through the blog (I saw no ads). She claimed to have attacted all of her clients through the blog, but that motivation collapses if she wasn't really a sex worker.
Even more puzzling: Why, oh why, would anyone pretend to be a grad student? Sure, it might give your wanna-be "educational" posts a little more cachet. But for most of us, graduate school is a time of penury. I'm perfectly aware that some grad students choose sex work. I'd say it beats living out of your vehicles – and a recent vehicle-dweller just moved into the rental three doors down from me. Let's face it – academic credentials don't give you much of a boost in the blogosphere, especially if your claim to fame is that you host unprotected gang bangs for fun in your spare time. Academic credentials are also tough to fake.
Alexa di Carlo is a plagiarist. I'm be willing to bet my own credibility that she's not a grad student in human sexuality studies at SFSU, either. As for her motives, your guess is as good as mine. Theories are welcome in comments!
And by the way, if anyone has a problem with my pseudonymity in this context, please drop me a comment. I'm pseudonymous so that my blogging doesn't show up first when someone Googles me, not because I'm afraid to stand behind my writing. In this case, I realize I've made serious allegations and I don't want them to be undermined by any suspicion about my own bona fides.
Added 12/29/09, 12:20 p.m.: Since this post is getting a bunch of hits from people who obviously aren't my regular readers, here's a short run-down on my academic credentials: I hold a Ph.D. in history from Cornell with women's studies as a minor field, wrote a dissertation on the history of pregnancy and childbirth in early 20th-century Germany, and now teach women's and gender studies at a public university in southeast Ohio. My graduate work, teaching, and research have all dealt with the history of sexuality.


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take two: working (and praying)
The second half of the series on How We Spend Our Time. Following each author's insights, I'll offer another perspective on the same theme. Cathy writes about work as prayer. Here's my take:
The easier way, of course, is not to let my work be prayer.
It's far simpler to zone out while doing the laundry or the dishes than to move through the motions mindfully.
It's more satisfying to grumble about paying bills or cutting kids' hair than to approach it as a loving act of service.
It's even easier to jump into the email inbox and the day's to-do list than to honor the professional work I do as sacred.
But the stubborn truth is that it's all holy, this everyday mix of action and reflection, creation and repetition. God already blesses work as good; it's up to us to see the same.
Maybe we miss it when we call it "work," when we file it under obligation or drudgery. Maybe if we called it all "prayer" – making breakfast or giving baths or compiling spreadsheets or sitting through meetings or running errands or mowing the lawn – maybe then we would begin to understand how God's eyes see us.
. . .
I noticed a few weeks ago – while stuffing the day's umpteenth load of laundry in the washer, then scrubbing all the pots from last night's dinner, then hustling upstairs to help the potty-trainer in the bathroom – that I had marked each of these spaces with a gentle reminder. A small shimmer of beauty next to each place of dirty work.
Maybe I needed to remember that each one was holy.
In the laundry room, two postcards from the L'Arche community where I worked in France.
I remember cutting carrots with Daniel, washing dishes with Monique, bathing Claude and dressing Bernard. And I'm overwhelmed at the memory of how holy that hard work was, how I knew God was there, too. I re-member myself back into the way of small things with great love.
In the kitchen, a print of Saint Therese lifting high the plates of the monastery as an offering to God, letting the steam rise like incense.
Washing dishes is a dreaded household chore for me, so I need a nudge to see the prayer in this necessary work. I remember all the plates that have been washed so that I could eat – in restaurants or cafeterias or homes that welcomed me as a guest. And I load the dishwasher with a lighter heart, grateful for a kitchen full of food to eat and hungry children around my table. I re-member myself back into the faith that breaks bread and shares with the hungry.
In the bathroom, a picture of Saint Joseph cradling his newborn son, a father immersed in his late night work.
Whenever I'm pulled from warm bed and soft sleep by a boy with soaked sheets or a hacking cough, our trip to the bathroom is bathed in more than the nightlight's glow if I glance at the kindred spirit on the counter. I remember all the nights that my parents sat up with me when I was sick and surely rocked me back to sleep a thousand times before my memory sealed it to heart. And I wipe my boy's nose or bottom or feverish forehead with more compassion and less impatience at my own rest lost.
I re-member myself back into the love that washes feet and touches the sick.
Because maybe all this work is prayer, too.
carry the load
Laundry round here is eternal.
Diapers, dirty dishclothes, daily heaps of socks and shirts and pants and bibs and towels. It piles up in towering heaps overnight, and just when I slam the dryer door shut with a satisfying thwack and declare it tackled, I turn to find my boys covered in marker or yogurt or (worst) mysterious unknowns.
I sigh, strip them down, fill the tired barrel of the washer once more, and set it again to spin.
Laundry without ceasing.
. . .
I have a handful of friends who are pregnant, most of them expecting number three or four, none of them amateurs at gestation but all of their hands and hearts already full to the brimming. I've promised them prayers, dip into their days with a quick email to inquire how they're doing, but it never feels enough, not when I know how dark and depressing and downright overwhelming the burden of bearing baby can be. I wonder what more I can do, especially for the far-flung friends, the dear ones far across the country that I can't surprise with a casserole and a hug and a how are you really doing?
What can any of us do to help carry the load?
Of course it's prayer, I know that's the answer, but it seems so small and trite sometimes. An easy promise to hold up, to keep in mind, to whisper good thoughts and happy hopes to smooth the way. I'm still learning, slowly, stumblingly, what I believe about prayer, but I'm quite sure it's nothing like the power of positive thinking or the secret that stops the universe to grant my heart's desire. If prayer is about bending myself to the way of Christ, allowing myself to be changed, humbling myself back into the heart of the divine, what does it mean to carry other's intentions with me as I go?
I'm still not sure.
But I do know one thing: prayer reminds. Even when it may not help or heal, it reminds.
. . .
I pause from the pile of laundry to read a favorite blog, clicking through the pages as I ignore the clothes around me on the couch, half stacked in neat piles of designated owner, half still strewn in a messy dump from the dryer. When I stumble upon the simple post about praxis of prayer, a tangible mindfulness of uniting intention with the everyday, the idea falls into my lap like a soft jumble of small socks:
I'll carry my laundry for them.
How many times a day do I bend to grab the plastic handles of the bulky baskets, lug them up and down stairs, stagger them around corners, fill them to the back-breaking brim? How many times a day could I easily remember those expecting, each one of my friends who carry something much weightier and more wonderful than even clean laundry? What difference might it make – for them, for me – if I slowed to remember when I stooped to carry again?
The more I muse, the more laundry I fold, the more it seems right. This is how prayer becomes incarnate: in everyday actions.
. . .
Laundry seems endless in these early years: the late-night laundry, the soaked and stained laundry, the kid clothes and grown-up clothes all tumbling together in the dryer. Pregnancy can feel like that, too: endless and oh-so-bodily. Good work, necessary work, but so tiring, so cumbersome, so overwhelming.
I remember at the end of my pregnancies when my husband rushed to grab the basket out of my hands before I lugged it up or down the stairs, balanced on my basketball of a belly. Let me help! he'd say with exasperation. Let me carry that – you've already got enough.
I'd laugh to myself (what did he think I did while he was gone all day?) but without protest I let him help. Let him carry the load. Let myself rest for a moment and remember how much I was already carrying.
Maybe prayer's like that, too: a willingness to carry and be carried.
To learn when to remember and when to rest in each other's arms.
God of the baking
And again he said, "To what should I compare the kingdom of God? It is like yeast that a woman took and mixed in with three measures of flour until all of it was leavened."
Luke 13:20-21
Here's why I love to bake: You start with nothing – an idea, ingredients of possibility, a plan and hope. You slowly start to mix measure and pour, the transformation stirring with your spoon. And suddenly it starts to look and smell and taste alive – creation sticky in my hands, smeared between my fingers, streaked across my hair. The baker's art takes patience, planning, careful watch of oven's heat, directions' time. Forgiveness, too – for cake that falls, deflated; recipes that failed to rise. Baking's best as company affair: Sometimes I cook with children – grabbing cups and spoons to spill, enthusiasm trumped only by sugar. I sit and watch the wise work, too – laughing, telling stories while they bake with wrinkled hands, forearms strong from years of kneading dough. I ought to say that sharing is the best part – breaking loaf and offering steaming slice in love. But secretly I like to chew in silence: taste alone the crunch of crust, sink of teeth in softer middle's heart. Because creation's sweetest in still morning before the rest wake round me greeting day with yawn and groan. I love to feed their bellies, but I need to rise alone.
God of the dishes
Wash away all my guilt; from my sin cleanse me.
Cleanse me with hyssop, that I may be pure;
wash me, make me whiter than snow.
A clean heart create for me, God; renew in me a steadfast spirit.
Psalm 51: 4, 9, 12
Dirty dishes stacked so high, porcelain towers on my right and left. I take the sponge in hand, wring out the water, squeeze on soap, and crank the faucet hot. Steam rises as the stream heats, steady I plunge plates and cups into the bubbles swirled below. Swish, wash, rinse, repeat; the stack grows smaller as I go, plates now neat and nestled drying silent in the rack. My hands turn pink and bright in sink's hot bath; my fingers pruned and white by end of night. Long ago I ate alone: the solitary rinse of single spoon and knife and fork. These days I'm elbow deep in pans, scrubbing steel pots ringed thick with soup, browned casseroles of dinners passed with family, friends all those who gather for my meals. Cynics see the stubborn cycle of the grimy, gooey junk caked hard on dishes left to sit too long (pardon my love of lingering one last glass) as dirty proof of life's depressing rut: the endless drag of meals and mouths to feed, a plate's only escape the break that sends it swiftly to the bin. But I delight in dishes, love the dirty and the clean: how they slide in slippery hands before I scrub in circles swift, how they flash with water's drip each time I lift them up to rise, inspecting both sides slick and sheen, then dry them satisfied. For dishes prove that someone shared the meal, that there was food to pass, safe time to spare. Companions, plenty and a pause are no small good in world of loneliness, want, rush and fear. And if I'd none to wash, that would mean no one took the cup. What a tidy, terrible mistake that empty would have been.
God of the sweeping
Or what woman having ten coins and losing one would not light a lamp and sweep the house, searching carefully until she finds it? And when she does find it, she calls together her friends and neighbors and says to them, "Rejoice with me because I have found the coin that I lost." In just the same way, I tell you, there will be rejoicing among the angels of God over one sinner who repents.
Luke 15: 8-10
Every night I take the broom in hand, both of us worn and tired but still working. As I stretch out arms to reach the bristles' brush, the steady rhythm comes back easy, drag of dirt across familiar floor. Every day it slides the same: crumbs, hair, dust, food all piled into tidy heaps left waiting for the bin. One swift dump, then goodbye. But making clean is holy work – refreshing for another day, forgiving what is past and gone. To gather, to release and then repeat makes way, always for one day more. I know the time it takes, the pattern of the pulling corners into center, how to turn and switch the broom's direction when the grit is stubborn. Sometimes I even do my sweeping in the dark when all the world's asleep. Only when I lose the precious slipped under couch, rolled into corner dark or simply disappeared – then only do I blaze the lights, look steady as I clean, search focused on the finding, knowing work that will not fail. But if I did not sweep each day, memorize these floors, their stains and scuffs, then I could not seek what's lost when it's the coin that matters most. So thus it was and always must it be: pull creaky closet door to find old broom, swish brush, brush swish reach pull, pull reach and then again to rest.

subset: commoncrawl


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Fire Destroys Legendary Blueberry-Pie Destination in Maine
It's been a terrible week for restaurants on both coasts.
Skip to content, or skip to search.
Skip to content, or skip to search.
It's been a terrible week for restaurants on both coasts.
... at democracy!
"But why should it matter?"
Locals called the cops.
Today in weak excuses by scumbag racists.
The chef intends to get by entirely on very local ingredients.
The bill has bipartisan support.
It's the author's first book since 2008's Olive Kitteridge.
The backpedaling is complete.
Charlie Webster is not doing himself any favors.
The outgoing GOP chairman will investigate where these so-called "black people" came from.
King served two terms from 1995 to 2003.
Snow puns! Seriously though, this is big news.
Gay marriage is on the move!
Set at an inn in Maine.
Goodbye, beach. It's autumn in New England.
The federal government paid for the mural, it turns out.


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SANDLER v. CALCAGNI et al
Filing 110
RESPONSE in Opposition re 87 MOTION for Partial Summary Judgment (Redacted) filed by BOOKSURGE LLC.Reply due by 4/14/2008. (Attachments: # 1 Exhibit Attachment A Part I, # 2 Exhibit Attachment A Part II)(SEGAL, MATTHEW)
SANDLER v. CALCAGNI et al Doc. 110 UNITED STATES DISTRICT COURT DISTRICT OF MAINE AT BANGOR SHANA SANDLER, Plaintiff v. MIA CALCAGNI, RALPH CALCAGNI, MAUREEN CALCAGNI, PETER MARS, and BOOKSURGE, LLC, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:07-CV-00029-GZS BOOKSURGE, LLC'S MEMORANDUM OPPOSING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT I. INTRODUCTION AND SUMMARY OF ARGUMENT Shana Sandler's ("Ms. Sandler's") Motion for Partial Summary Judgment ("Motion") seeks a result contrary to both Maine law and fundamental constitutional principles. Without any basis in the record to establish the requisite level of actual fault by Defendant BookSurge, LLC ("BookSurge"), Ms. Sandler contends that BookSurge should nonetheless be held liable based on imputed knowledge of the material it printed. Maine law and the First Amendment compel one conclusion: BookSurge did not have a duty to review, edit or fact check a finished, self-published manuscript that was uploaded onto its internet site, and cannot be held strictly liable for the content of the submission. This Court should deny Ms. Sandler's Motion and grant BookSurge's Motion for Summary Judgment ("BookSurge's Motion"). 1 Dockets.Justia.com II. COUNTERSTATEMENT OF FACTS Defendants Ralph and Maureen Calcagni and Peter Mars produced a manuscript titled Help Us Get Mia, a book that chronicled and critiqued civil and criminal prosecutions against Ralph and Maureen's daughter Mia. BookSurge, LLC's Additional Statement of Material Facts ("BASMF") ¶ 6. Once Help Us Get Mia was written, the Calcagnis decided to self-publish the book. BASMF ¶ 7. They turned to BookSurge, a print-on-demand ("P.O.D.") company. BASMF ¶ 8. Self-publishing authors pay BookSurge to print and bind PDF-formatted manuscripts using P.O.D. technology. BASMF ¶¶ 1-3. P.O.D. generally refers to digital methods that allow printing and binding of a complete book in a very short period of time and in small lots--as few as one book at a time. BASMF ¶¶ 4-5. Self-publishing authors upload their submissions over BookSurge's website, and pay BookSurge for the right to print the manuscripts in bound form. BASMF ¶¶ 13, 21. In 2007 alone, BookSurge added more than 350,000 separate titles to its virtual inventory. BASMF ¶ 18. BookSurge simply cannot be equated with a traditional publisher with respect to Help Us Get Mia. BASMF ¶¶ 61-69. First, BookSurge does not review any of its customers' submissions for content and offers no fact-checking or substantive editing services. 1 BASMF ¶¶ 16, 63-64. The massive volume of new titles that BookSurge handles each year does not permit BookSurge to review them for content. BASMF ¶¶ 17-18. Thus, BookSurge's review of any book is limited to a technical review of the uploaded computer file to ensure that it will be compatible with BookSurge's P.O.D. 1 In the event that a BookSurge author or customer wishes to purchase technical editing services, these services are limited to a review of grammar and are outsourced and performed by another, unaffiliated entity. BASMF ¶¶ 19-20. 2 technology. BASMF ¶¶ 22. The only substantive contact that BookSurge employees have with a book is with its title--the "interior of the book wouldn't be seen" by BookSurge employees during the uploading and printing process. BASMF ¶ 23. Second, BookSurge does not solicit work for printing or publication as traditional publishers do. See, e.g., BASMF ¶ 10. Rather, those who want BookSurge to print selfpublished work contact BookSurge, and BookSurge may then follow up by email or telephone. BASMF ¶ 11. Third, unlike a traditional publisher that might actively advertise, or fund other promotional activities to market new titles, BookSurge "does not go out and attempt to persuade people to purchase books in its inventory by making sales calls." BASMF ¶ 41; see also BASMF ¶¶ 40, 66-67. Although some customers may purchase marketing materials from BookSurge, "[t]he marketing process is the responsibility of the author." BASMF ¶ 42. Certainly in this case there is no evidence or even suggestion that BookSurge engaged in the type of marketing activities that traditional publishers conduct. Fourth, BookSurge's "authors" and customers pay BookSurge for the right to print their books, as opposed to traditional publishers that pay authors for the right to publish their manuscripts. BASMF ¶¶ 13, 65. BookSurge obtains only a non-exclusive license to its customers' books. BASMF ¶¶ 14, 68-69. Many self-publishing authors use BookSurge's printing services to create a product that they can send to traditional publishers for future publication through traditional channels. BASMF ¶ 15. Finally, BookSurge does not distribute books like traditional publishers. BASMF ¶ 69. Most BookSurge self-publishing authors buy copies of their books and selfdistribute to local bookstores, distributors, friends, and family. BASMF ¶ 43. Although 3 listing on Amazon.com is facilitated by an agreement between BookSurge and Amazon.com, self-publishing authors can also sell their works through Amazon.com's website. BASMF ¶ 46. Ralph Calcagni's experience demonstrates that BookSurge should not be treated as a traditional publisher with respect to Help Us Get Mia. Ralph Calcagni sought out BookSurge through internet searches and determined that BookSurge was the best P.O.D. service available to self-publish Help Us Get Mia. BASMF ¶ 8. He contacted BookSurge through the Internet, and BookSurge responded to his inquiry by emails and follow-up phone calls. BASMF ¶ 12. Ralph Calcagni purchased a package from BookSurge known as "Author's Express PDF." BASMF ¶ 24. Under that package, the author uploads a completed copy of his or her work in "PDF" file format on the BookSurge website, 2 and BookSurge prints the file in a "book" format (to the extent copies are ordered). BASMF ¶¶ 25-28. The total cost to Mr. Calcagni for the Author's Express PDF service was $1499, but this included 250 copies of the book--the actual first printing cost was $99 (which was waived). BASMF ¶ 29. Ralph Calcagni did not contract with BookSurge for any fact checking or editorial services, and he did not expect BookSurge to provide any. BASMF ¶ 30. Help Us Get Mia's copyright page demonstrates how limited BookSurge's contact is with the contents of its customers' manuscripts. Even though BookSurge provides copyright page samples on its website that do not label BookSurge as a "publisher," Ralph Calcagni submitted as part of his PDF upload Help Us Get Mia's copyright page, labeling BookSurge as the book's "publisher." BASMF ¶¶ 35-36. BookSurge did not 2 "PDF" is an acronym for "Portable Document Format." Unlike Word, the PDF format does not permit editing of text or content. 4 read or review Help Us Get Mia. BASMF ¶¶ 31, 37-38. Accordingly, BookSurge did not read, could not edit, and did not alter the copyright page provided in Ralph Calcagni's PDF of Help Us Get Mia. BASMF ¶ 39. The bound version of Help Us Get Mia was available in September 2006, and the Calcagnis eventually purchased 760 copies. BASMF ¶¶ 49-50. Ralph Calcagni sold the book directly to bookstores in Winthrop, Maine, and surrounding communities and to a Bangor distributor, Magazines, Inc. BASMF ¶ 52. In addition, Ralph Calcagni opted to make Help Us Get Mia available for sale on Amazon.com's and BookSurge's websites. BASMF ¶¶ 45, 53. Approximately 80 copies of Help Us Get Mia were purchased online. BASMF ¶ 54. In total, 840 copies of Help Us Get Mia were produced and sold either to Ralph Calcagni or on-line. BASMF ¶¶ 55-56. Although BookSurge may list its customers' titles through an on-line electronic feed to distributor Baker & Taylor and retailers Abebooks.com and Alibris.com (BASMF ¶¶ 47-48), there is no evidence that Help Us Get Mia was ever listed through either company. BASMF ¶ 57. III. ARGUMENT The First Amendment and Maine's common law require fault to impose liability for libel and associated torts. Because there is no fault here, Ms. Sandler's motion should be denied on this ground alone. Alternatively, the federal Communications Decency Act bars liability. Regardless, Ms. Sandler is not entitled to partial summary judgment. A. The Requirement of Fault under Maine Law and the First Amendment is Not Met in this Case. The First Amendment's baseline defamation requirement is that defendants, whether a "publisher," "republisher," "broadcaster," "printer," or "distributor," must have some fault--at least negligence--for liability to attach. In Gertz v. Robert Welch, Inc., 5 the U.S. Supreme Court concluded that common law strict liability for publishers and republishers 3 was unconstitutional. 418 U.S. 323, 340 (1974) ("Our decisions recognize that a rule of strict liability that compels a publisher or broadcaster to guarantee the accuracy of his factual assertions may lead to intolerable self-censorship. Allowing the media to avoid liability only by proving the truth of all injurious statements does not accord adequate protection to First Amendment liberties."). Maine law is in accord. See BookSurge's Motion at 7-13; Levinsky's, Inc. v. Wal-Mart Stores, Inc., 127 F.3d 122, 128 (1st Cir. 1997) ("Simply put, Maine defamation law does not recognize liability without fault; rather, as a predicate to recovery, Maine requires a defamation plaintiff to show that the defendant acted at least negligently."); Veilleux, 206 F.3d at 108 & n.7 (1st Cir. 2000). 1. Printers and Distributors Lack Editorial Control, Have No Duty to Read, and No Liability. Ms. Sandler cites no authority that would hold a defendant strictly liable for providing the limited type of printing and distributing services over the internet that BookSurge provided with respect to Help Us Get Mia. The authorities cited in BookSurge's Motion demonstrate that Ms. Sandler's arguments ignore the reality of internet printing and self-publishing. For example, in Maynard v. Port Publications, Inc., 297 N.W.2d 500 (Wis. 1980), the Wisconsin Supreme Court addressed whether Port Publications had a duty to read and 3 Ms. Sandler's Motion begins with the unremarkable proposition that original publishers of libelous statements to third parties, and "republishers" of such statements, may be liable for libel even if they are not the author or original speaker of the defamatory statement. Motion at 4-5. These cases, however, do not eliminate the constitutional or Maine common law requirement that any libel defendant must be at least negligent before liability can be imposed. Veilleux v. Nat'l Broad. Co., 206 F.3d 92, 108 n.7 (1st Cir. 2000) ("[W]e must independently review . . . whether plaintiffs established that defendants were at least negligent in making the statements, as this is a constitutional requirement (as well as a necessary element of proof under Maine law)."); Auvil v. CBS "60 Minutes", 800 F. Supp. 928, 931 (E.D. Wash. 1992) ("[T]he 6 review an allegedly libelous newspaper. Id. The newspaper at issue was "written, edited, [and] otherwise prepared" by another organization and was submitted to Port Publications for printing. Id. at 502. Applying Gertz, the court concluded that Port Publications's role in the production of that newspaper was that of a printer; having no duty to read or review the newspaper, it was not negligent for its printing. Id. at 506-07 ("Is Port Publications . . . subject to liability because of its failure to read and investigate material submitted for publication in order to discover and censor any potentially defamatory material? . . . [T]hose who are held liable for defamation because of their role in the publication process must know or have reason to know of the existence of the libel. Port, as a contract printer, has no reason to know."). Notably, the Maynard Court did not hold Port liable simply because it played a role in the "publication process," used the word "publications" in its corporate name, or "wr[ote], edit[ed], print[ed], and publish[ed]" several other magazines and newspapers. Id. at 502. Similarly, in Misut v. Mooney, a New York court concluded that a printer was not liable for libelous statements in a newspaper, even though it reviewed and edited these materials for nudity, profanity, and vulgarity, because the printer: had no other input into the material which it printed. It did not undertake to confirm facts or check sources. It did not exercise editorial judgment nor did it seek to determine the truth of the material which it printed. It merely offers a service to those who seek to disseminate thoughts via the written word. 475 N.Y.S.2d 233, 233 (N.Y. Sup. Ct. 1984). BookSurge's limited role in helping print Help Us Get Mia through an internet upload of a finished manuscripts is closely akin to the activities of the printers in local [TV broadcasting] affiliates did republish . . . however, there is no liability for any defamation absent fault."). 7 Maynard and Misut, and unlike those of a traditional book publisher. Like the defendant in Misut, BookSurge "ha[s] no [] input into the material which it print[s]" (475 N.Y.S.2d at 233), and therefore, has no duty to review its customers' manuscripts. Courts have recognized this reality with respect to entities that use the Internet to receive and disseminate substantial volumes of third-party content. In Cubby, Inc. v. CompuServe, Inc., 776 F. Supp. 135, 140-41 (S.D.N.Y. 1991), the court held that CompuServe's operation of an on-line library, offering subscribers access to thousands of publications and discussion forums, did not require it to read and review all of the publications that it distributed. The court emphasized that CompuServe had "no [] editorial control" over the publications on its service (id. at 140 (emphasis added)), and "[g]iven the relevant First Amendment considerations, the appropriate standard of liability to be applied to CompuServe [was] whether it knew or had reason to know of the allegedly defamatory [] statements." Id. at 140-41; see also Lunney v. Prodigy Servs. Co., 723 N.E.2d 539, 542 (N.Y. 1999) (holding that Prodigy could not be required "to guarantee the content" of "the millions of [] messages" posted on its electronic bulletin board by third parties because its "passive" role in the publication process did not go beyond screening for vulgarities). Similarly, BookSurge's distribution mechanisms and the volume of publications that it distributes demonstrate that it has no way to exercise meaningful editorial control over the manuscripts that it prints and distributes. Like CompuServe (776 F. Supp. at 137), BookSurge makes third-party content available to the public by offering several online, electronic channels through which its printing customers can distribute their end 8 product. 4 Like CompuServe, BookSurge makes thousands (if not hundreds of thousands) of new publications available to the public each year. BASMF ¶ 18; 776 F. Supp. at 137. And, just like CompuServe, BookSurge also receives submissions like Help Us Get Mia through on-line uploads. BASMF ¶¶ 21-23; 776 F. Supp. at 140. "CompuServe [and BookSurge] ha[ve] no more editorial control over such a publication than does a public library, book store, or newsstand, and it would be no more feasible for CompuServe [and BookSurge] to examine every publication [they] carr[y] for potentially defamatory statements than it would be for any other distributor to do so." Id. BookSurge does not have the ability to control the content of the manuscripts from its self-publishing customers in part based on the sheer volume of titles that it handles each year. BASMF ¶¶ 16-18. BookSurge added more than 350,000 new titles in 2007 alone, while charging self-publishing authors such as Ralph Calcagni approximately $99 to print a completed PDF manuscript upload. BASMF ¶¶ 18, 29. Refusing a duty to read and review each book, at that price, is precisely the rationale adopted by the decisions on printers and distributors. 2. The Right to Reject Works Creates No Duty. Ms. Sandler argues that BookSurge has editorial control over its customers' manuscripts because a provision in its posted terms and conditions 5 gives BookSurge the right to reject works from its authors and customers. Motion at 2, 8 (BookSurge had a "right to presumably control the 4 Of course, BookSurge customers also have the option to buy wholesale hard copies of their books, which they can self-distribute to distributors and retailers. BASMF ¶¶ 43, 51-52. This distribution scenario places BookSurge firmly within the reasoning of Misut and Maynard. See Affidavit of Bernard J. Kubetz in Support of Plaintiff's Motion for Partial Summary Judgment ("Kubetz Aff."), Ex. 3 at BS000003. Although Ms. Sandler contends this agreement constitutes the contract between BookSurge and Ralph Calcagni, neither BookSurge nor Ralph Calcagni has a copy of this agreement signed by Ralph Calcagni. BookSurge's Opposing Statement of Material Facts ("BOSMF") ¶ 6. As a result, there is no signed agreement that governs the relationship between BookSurge and Ralph Calcagni. BOSMF ¶ 6. 5 9 content of what it publishes."), 10. In essence, Ms. Sandler argues that this rejection right imposed a duty on BookSurge to read and review all submitted manuscripts for libel. Motion at 8. However, Ms. Sandler's argument fails because many courts have found that printing and distributing entities did not have a duty to read, review, and fact-check challenged publications simply because they retained a right to reject a publication or manuscript. In Misut, the court ruled that although the defendant could and did screen the works that it received for nudity, profanity, and vulgarity, and "eliminat[ed]" such elements from the final versions of the publications that it printed, this did not create a duty to read or review the publications for content: [T]he Court does not view the duty of a printer to be inclusive of an obligation to confirm facts, check sources and to thereby be responsible for the truth of printed statements. . . . The fact that the defendant Merlin, the printer, examined the material submitted to it to the extent that it sought to locate and eliminate nudity, profanity and vulgarity is no indication that the printer had any knowledge or any reason to know of the libelous nature of any of the material which is the subject of this action. That the defendant Merlin may have taken steps to enforce its own standards of decency or civility, or to ensure its own compliance with the obscenity laws of the state, is not an indication that the defendant Merlin was in a position to test the truth of statements submitted by an independent author. 475 N.Y.S.2d at 233, 235-36. Similarly, in Maynard, the court noted that even though the defendant had refused to print prior issues of a newspaper based on obscene content, the right to reject did not impose a duty to read and review for content. 297 N.W.2d at 503, 504, 505 ("We do not believe that these two instances, when Port because of the obscenity statutes refused to print certain photographs, support a reasonable inference that Port assumed editorial or censorship responsibilities with respect to [the challenged newspaper]."); see also Auvil, 10 800 F. Supp. at 931 ("The local affiliates . . . had some period of time in which to review programming and also some idea of the content. It is argued that these features, coupled with the power to censor, triggered the duty to censor. That is a leap which the Court is not prepared to join in."); Lunney, 723 N.E.2d at 542 (holding reservation of broad editorial discretion to screen its bulletin board messages for vulgarities does not impose liability as a publisher of such messages). This Court should follow the well-reasoned analysis and sound policy embodied in these decisions. Because BookSurge did not have a duty to review Help Us Get Mia for content, its right to screen or reject does not create such a duty. 3. The Authorities Require Proof of Fault, and Do Not Presume It. Ms. Sandler relies heavily on the 1984 edition of the Prosser & Keeton treatise The Law of Torts. Motion at 5-6. This treatise, however, does not create any presumption of liability based on imputed knowledge, but instead emphasizes that any "publisher's" liability must be determined based on proof of fault: Those who manufacture books by way of printing and selling them, and those who print and sell newspapers, magazines, journals, and the like, are subject to liability as primary publishers because they have the opportunity to know the content of the material being published and should therefore be subject to the same liability rules as are the author and originator of the written material. This does not mean that such a primary publisher is vicariously liable for the author's tortious conduct. It only means that the publisher is subject to liability for publishing with actual malice or negligence, depending upon the plaintiff's status. Prior to New York Times and its progeny, the primary publisher was strictly liable in the same way as the author. Today, the primary publisher as a public medium will not be subject to liability except on proof of fault of an authorized agent. Prosser & Keeton, The Law of Torts, § 113, p. 810 (5th ed. 1984) (emphasis added) (Attachment A). Moreover, if this treatise could be read to support the premise of 11 liability without fault, that support is founded on cases that predate the Supreme Court's decision to the contrary in Gertz. See id. at pp. 803 n.61-64, 810-11 n.5-9. Ms. Sandler does not cite any case authority holding a "publisher" (whether "primary" or otherwise) liable based on "imputed knowledge." Ms. Sandler cites only three cases that even mention the "primary" vs. "secondary" concept. Motion at 5. In all three cases, the courts determined that the defendants were not liable at common law or were immune from liability based on the federal Communications Decency Act ("CDA"). Dworkin v. Hustler Magazine, Inc., 611 F. Supp. 781, 785-87 (D. Wyo. 1985); see also Grace v. eBay, Inc., 16 Cal. Rptr. 3d 192, 195 (Cal. Ct. App. 2004) (noting that eBay was a distributor that would be held to the "knew or had reason to know" common law fault standard if it did not receive immunity through the CDA) 6 ; Barrett v. Rosenthal, 146 P.3d 510, 529 (Cal. 2006) (concluding that an operator of an Internet discussion group that republished a libelous statement received immunity through the CDA). The fact that the defendants in Dworkin, Grace, and Barrett were not liable does not compel the conclusion that BookSurge is liable. The other cases cited in the Motion lend no further support to Ms. Sandler's theory. Piper v. Mize, 2003 WL 21338696 (Tenn. Ct. App. 2003), an unpublished case that furnishes the bulk of Ms. Sandler's case law analysis (Motion at 6, 8-9), does not address the concept of fault at all. Piper held that the defendant distributor was properly dismissed based on the absence of any evidence showing that the publications distributed from the defendant's convenience store were ever read by a third party. 2003 WL 21338696, at *7-8. "Publication" or "communication" to third parties is a required 6 The Grace decision also was later vacated by the California Supreme Court, which Ms. Sandler failed to mention in her motion. See 21 Cal. Rptr. 3d 611 (Cal. 2004); Motion at 5. 12 element of all libel claims, but it is an element wholly separate from the fault element. See Cole v. Chandler, 2000 ME 104, ¶ 5, 752 A.2d 1189, 1193 (listing "an unprivileged publication to a third party" separate from "fault amounting at least to negligence on the part of the publisher" among the four elements of a libel claim). Piper simply does not provide any analysis that assists this Court in determining the alleged duties or fault of BookSurge. Anderson v. New York Telephone Co., 320 N.E.2d 647, 649 (N.Y. 1974), a concurring opinion 7 analyzed and heavily cited by Ms. Sandler (Motion at 7, 9), also does not address the concept of fault. The opinion merely noted that lessors of equipment used in the printing or transmission of a libelous message are not liable regardless of the lessor's knowledge. 320 N.E.2d at 649. In other words, the Anderson concurring opinion discussed a third category of libel defendants that are completely exempt from libel liability at common law. The concurring opinion in Anderson is simply irrelevant to Ms. Sandler's argument. 8 4. The "Primary" and "Secondary" Publisher Distinction is a Fiction. Several of the recent cases and treatises cited in Ms. Sandler's Motion also demonstrate that the distinction between "primary" and "secondary" publishers has become a distinction without a difference. For example, a treatise cited in Ms. Sandler's Motion (Motion at 11), Rodney A. Smolla's Law of Defamation, noted that "The importance of the special 7 Ms. Sandler's Motion did not note that it was citing a concurring opinion of two justices of the New York Court of Appeals and that the majority of the court, in a one sentence decision referring to the appellate division's dissenting opinion, merely reinstated the supreme court's dismissal of the case. 320 N.E.2d at 647. Finally, Hart v. Bennet (Motion at 5) provides a simple discussion of publisher vs. republisher liability and does not define the difference between primary and secondary publishers or hold that the defendant is a primary publisher that can be imputed with knowledge of the challenged publication. 672 N.W.2d 306, 318 (Wis. Ct. App. 2003). 8 13 common-law `scienter' requirement for secondary publishers such as distributors, vendors, or libraries has been obviated to some degree by modern constitutional fault standards, which would normally require some notice of the defamatory character of the statement to impose liability in any event, . . ." R. Smolla, Law of Defamation, § 4:92 (2d ed., updated 2007) (emphasis added)). Similarly, the Grace decision cited by Ms. Sandler also noted that "[a] primary publisher, such as an author or a publishing company, is presumed to know the content of the published material, has the ability to control the content of the publication, and therefore generally is held liable for a defamatory statement, provided that constitutional requirements imposed by the First Amendment are satisfied." 16 Cal. Rptr. 3d at 198 (emphasis added)). Finally, the Reporter's Notes for Restatement (Second) of Torts § 581, which Ms. Sandler describes at pages 5-6 of her Motion, state that the difference between authors and publishers and entities that merely deliver and transmit publications may be irrelevant post-Gertz: "This would seem to be affected by the holding in Gertz . . . . Since Gertz [] and the elimination of strict liability, the difference is not as significant as it once was."). 9 Following Gertz, liability must arise from fault, not labels. What BookSurge actually did in this case, and its role in the virtual printing process, was to assume no duty to review for content. This is consistent with Maine law and the First Amendment. Based on the record before the Court, no duty should attach. 5. The Distortion of the Evidentiary Record. Perhaps cognizant that the record does not support the imposition of a duty on BookSurge, Ms. Sandler goes to great 9 Ms. Sandler citation to Restatement (Second) of Torts § 581 (Motion at 5-6) should, therefore, be considered in the context of this caveat. 14 lengths to distort the record and portray BookSurge as a traditional publisher of Help Us Get Mia. First, Ms. Sandler claims that the "published by" reference on Help Us Get Mia's copyright page is the "most compelling indicia of Booksurge's role" (Motion at 7, 10). As noted above, however, Mr. Calcagni alone made this reference. BASMF ¶ 36. BookSurge did not write, review or edit this page, and the reference to BookSurge as "publisher" is contrary to the suggested copyright format on the BookSurge website. BASMF ¶¶ 35-39. Ralph Calcagni's apparent decision to refer to BookSurge as "publisher" on the copyright page is no more a "compelling indicia" of its role than would be a similar reference to Random House if Mr. Calcagni chose to identify Random House as the publisher on that page. Second, BookSurge did not "actively solicit[]" Help Us Get Mia or any other titles. Motion at 3, 8, 9, 10. Ralph Calcagni sought out and initially contacted BookSurge through an internet-based web-landing page, and BookSurge responded to Ralph Calcagni's inquiry. BASMF ¶¶ 11-12. These interactions cannot be equated with a traditional publisher--seeking particular authors and books for publication based on the content, and paying those authors for the right to publish their books. BASMF ¶¶ 63-65, 68-69. Third, BookSurge did not market Help Us Get Mia. BASMF ¶¶ 40-42. BookSurge does not "market" self-published works in the way a traditional publisher does. BASMF ¶¶ 40-42. Ms. Sandler does not allege that BookSurge, for example, sponsored any book signings or speaking engagements, sought or promoted reviews of the book, circulated media copies of the book, issued press releases, or any of the other 15 marketing campaigns funded and operated by traditional publishers. BASMF ¶¶ 66-67. Aside from the sale of the book itself, Ms. Sandler fails to identify any "marketing" of Help Us Get Mia by BookSurge. Fourth, Ms. Sandler claims that the identification of BookSurge as a "PUBLISHER" (Kubetz Aff., Ex. 3 at BS000002) in the terms and conditions posted on BookSurge's website provides further support for concluding that BookSurge is a traditional publisher. Motion at 8. This label, however, does not automatically make BookSurge a "publisher" that has a duty to read and review its customers' manuscripts, especially where the undisputed record shows that BookSurge does not exercise editorial control over its customers' manuscripts and that BookSurge's activities with respect to Help Us Get Mia were limited to printing and distribution. BASMF ¶¶ 16-34, 43-57, 6364; see also Maynard, 297 N.W.2d at 506-07 (refusing to hold Port Publications liable even though Port played a role in the publication process, had "publications" in its corporate name, and played a role more equivalent to a traditional publisher in the case of other publications that were not challenged by Maynard). Finally, Ms. Sandler claims that BookSurge has "unparalleled" access to certain distribution channels. Motion at 3, 9, 10. The undisputed record, however, demonstrates that any distribution BookSurge performs is limited to listings on websites (BASMF ¶¶ 44-48), or the use of automated electronic feeds (BASMF ¶¶ 47-48). In this case, "distribution" was limited to 80 copies of Help Us Get Mia sold on the Amazon.com and BookSurge websites. BASMF ¶¶ 53-54, 57. If anything, Ms. Sandler's reliance on these factors demonstrates that BookSurge did nothing more than print and distribute Help Us Get Mia. Section III.A.1. of this 16 memorandum demonstrates that printing and distribution do not create a duty to read and review for content. B. The Communications Decency Act Bars Liability. Alternatively, if the Court were to accept Ms. Sandler's broad notion of BookSurge as equivalent to a traditional "publisher," BookSurge would qualify for immunity under the federal Communications Decency Act ("CDA"), 47 U.S.C. § 230, et seq. Under § 230(c)(1), "[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." BookSurge is a provider of an "interactive computer service," which is defined broadly as "any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions." Id. § 230(f)(2). BookSurge operates a website 10 that provides self-publishing authors access to a computer server through which they can upload completed PDF manuscripts of their own creation. BASMF ¶¶ 11-12, 21, 25-27. As such, BookSurge customers are the "information content providers," which are defined by the CDA as "any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service." 47 U.S.C. § 230(f)(3). The content is then made available 10 An "interactive computer service" includes website operators. See Gentry v. eBay, Inc., 121 Cal. Rptr. 2d 703, 714 n.7 (Cal. Ct. App. 2002); Carafano v. Metrosplash.com, Inc., 207 F. Supp. 2d 1055, 1066 (C.D. Cal. 2002), aff'd on other grounds, 339 F.3d 1119 (9th Cir. 2003); Schneider v. Amazon.com, Inc., 31 P.3d 37, 40-41 (Wash. Ct. App. 2001). 17 through purchase on the Internet. BASMF ¶¶ 44-48, 53-54. Indeed, this is the sole manner in which BookSurge made content available in this case. Although the information created by BookSurge customers may be "provided" to end users in hard copy or electronic form, 11 the CDA does not limit its immunity based on this distinction. For example, Craigslist should not be held liable solely because one of its end users may elect to print a copy of a posted advertisement, rather than viewing it on the screen. See, e.g., Chicago Lawyers' Committee for Civil Rights Under Law, Inc. v. Craigslist, Inc., --- F.3d ----, No. 07-1101, Slip op. at 8-10 (7th Cir. March 14, 2008) (holding that Craigslist, the operator of a website that permits users to post ads for available housing and other goods, is a publisher that receives CDA immunity from liability under the federal Fair Housing Act). The decision of BookSurge or a BookSurge customer to make a self-published manuscript available in hard copy, rather than as an electronic manuscript, should not dictate whether the CDA applies. Because BookSurge is a provider of an interactive computer service and BookSurge's customers act as information content providers, the CDA bars Ms. Sandler's claims. 12 BookSurge's posted terms and conditions, relied upon by Ms. Sandler, specifically anticipate that a manuscript uploaded to BookSurge may be sold and transmitted to customers either electronically or in hard copy. Kubetz Aff., Ex. 3 at BS000003; BASMF ¶ 60. The last five pages of Ms. Sandler's Motion are dedicated to her view of the elements of her libel, false light, and private facts claims. Motion at 10-15. Although she does not seek dispositive relief on these elements, the Court should take note that this section of Ms. Sandler's Motion commits the same mistake as the preceding 10 pages--a failure to recognize that fault amounting to at least negligence is required to find a publisher, or any other entity involved in printing and distributing books, liable for libel, private facts invasion of privacy, or false light invasion of privacy. Motion at 12-14. At any rate, Ms. Sandler fails to establish the elements of these claims for the additional reasons stated in BookSurge's Motion. 12 11 18 IV. CONCLUSION The First Amendment does not permit imposing strict liability on any defamation defendant. Ms. Sandler's suggestions that BookSurge should be liable in this case based on imputed or presumptive liability is merely strict liability by another name. In a world where the technology exists to bring more speech to the public, the courts--and Congress in the CDA--have recognized that "the Internet and interactive computer services . . . offer[] `a forum for a true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity . . . [that] have flourished, to the benefit of all Americans, with a minimum of government regulation.'" Zeran v. Am. Online, Inc., 129 F.3d 327, 330 (4th Cir. 1997) (quoting 47 U.S.C. § 230(a)(3) & (4)). Requiring an internet printer to review hundreds of thousands of submissions for content will have the opposite effect--it will discourage self-publication and restrict the flow of content. The Court should reject this premise and rule in favor of more, rather than less, protected speech. BookSurge respectfully requests that the Court deny Plaintiff's Motion for Partial Summary Judgment, and grant BookSurge's Motion. Respectfully submitted, BOOKSURGE, LLC By its attorneys, /s/ Harold J. Friedman Harold J. Friedman Friedman, Gaythwaite, Wolf & Leavitt P.O. Box 4726 6 City Center Portland, ME 04112 April 2, 2008 19 Stephen A. Smith (Pro Hac Vice) Matthew J. Segal (Pro Hac Vice) Kari Vander Stoep (Pro Hac Vice) Kirkpatrick & Lockhart Preston Gates Ellis LLP 925 Fourth Avenue, Suite 2900 Seattle, Washington 98104-1158


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Sparkling azure seas. Towering majestic mountains. A temperate climate with 200+ cloudless days per year, and a populace with manners as sunny as the weather. There's something great for everyone in Nice, they say. And this is especially true if you are an active traveler. You'll understand what we mean after you've gone for an open-water swim in the Bay of Angels, biked the roadways of the surrounding Alps, and run the city's coastal promenade to Cannes or Monaco. By that point, you'll barely be able to pant the words "Triathlon. Training. Mecca." But don't worry. Your breath, your speech, and the feeling in your legs will come back to you as you kick back as a restaurant table with a glass of French wine and enjoy the Mediterranean sunset.
For an old French city, Nice is pretty easy to figure out. Most of the action is centered along a two-and-a-half mile stretch between Regence Beach and Castle Hill Park, both along the coastal Promenade des Anglais. The old city is easily accessible from the eastern half of this route, and the winding medieval streets are fun to explore on your way to Place Massena, the city's center. As you explore the town you'll find elements of the culture for which Nice is better known - that is, fine casinos, fashionable stores, elegant galleries, and famous restaurants and bars. You should check those out too. After your run.
In the meantime, lace up those trainers. Allons-y!
- Rocky Shoreline: If you come to the Cote d'Azur expecting a beach vacation, be forewarned that Nice's beaches consist of pebbles, not sand. They are still perfectly amenable for getting a suntan, but if you were planning to work your thighs with some sand sprints you should head down the coast to Cannes.
- Slippery Sidewalks: Nice gets over 200 sunny days a year, but on the days it rains the Promenade des Anglais can get slick. Tread lightly on wet walkways.
- Indulgence: Nice may be the triathlon training capital of France, but the majority of visitors don't come here to participate in athletics. Opportunities abound to indulge in gambling, fine dining, posh drinking, and other such less-active activities.
Did you know? Is the Nice scenery so beautiful you wish you could paint a picture of it? You wouldn't be the first to have that urge. The city has been home to many important and influential artists, including Henri Matisse and Marc Chagall.
In the mood to rent a bike?
City, touring, and road bikes are available to rent at Ada Holiday Bikes. There are two locations: one by the train station, one closer to the coast.
23 rue de Belgique - (04) 93 16 01 62
4 Rue Meyerbeer - (04) 93 82 27 00


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Top 12 Hardcore Ravers at Ultra 2013 in Animated GIF!
|Photo by Jacob Katel
|Welcome to Ravetopia.
Society got the best of ya? Go to Ultra Music Festival and leave the normal world behind.
Here, you can feel free to get half naked, customize your brain, and put some neon in your life.
Deep inside the endless well of bass, you just might find yourself. Here are 12 hardcore ravers who will teach you the ways of Ravetopia, in animated GIF.
See also
- 75 St. Paddy's Day Leprechauns at Ultra 2013
- Ultra 2013: Top Ten (Almost) Naked Raver Bros
- The Six Bad Bitches You Meet at Ultra Music Festival
12. The Bikini Bus
Dancing to: Hardwell
Shaking one's ass is not going to make the bus come any faster, but it sure does make the wait more fun!
Update: See, Biscayne Boulevard was made for dancing
Location Info
Bayfront Park
301 Biscayne Blvd., Miami, FL
Category: General
Klipsch Amphitheater at Bayfront Park
301 Biscayne Blvd., Miami, FL
Category: Music
Sponsor Content


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The U.S. State Department has blocked the transfer of armaments and technology to Israel for the past three months, Middle East Newsline reported late last month.
The "unofficial suspension of U.S. arms deliveries," which has been ongoing since September, is a significant setback to the tiny nation of Israel (Arutz Sheva, Dec. 28, 2006). It says it needs the equipment to refurbish its supplies in preparation for a possible large-scale war, which might include an attack from Syria.


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My GD counselor says that anything below 60 is too low.
If I get low blood sugar (low but not below 60), adding a snack (fruit and protein) was advised.
If I get below 60, I am supposed to have 15 g. carbs (candy, soda, etc), wait 15 minutes, and take my blood. If it doesn't come up, I am supposed to have another 15 g. carbs and wait another 15 minutes, take my blood and if it doesn't come up, call 9-1-1.


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Worth Noting: Josie Loren
Gorgeous, talented, and kindand the perfect role model! Make It Or Break It star Josie Loren shares her best advice for facing peer pressure and dealing with tough situations. However, keep Josie's words in mind! Your morals are central to who you are, so, like Josie says, stick to them!
The series finale of Make It Or Break It aired earlier this year, and we're so excited to see what Josie does next! How do you deal with sticky situations? Share your tips in the comments!


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Want the top vendors to contact YOU? Fill out our Contact Request Form
Interactive games rentals are an easy way to entertain guests of all ages at your next party! Arcade game rentals, simulators and interactive games all make for some great exercise as well as a thoroughly enjoyable time! Search here for Interactive Games Rentals in Lafayette.
Interactive inflatable rentals offer a fun competitive time for your and your guests. - Read More
Copyrights PartyPOP, all rights reserved


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Category: Blackhawks
With their win over Nashville on Saturday the Chicago Blackhawks clinched their fourth straight trip to the playoffs. With 97 points the Hawks are guaranteed of finishing no worse than sixth in the Western conference. However depending on how the… Read More »
Wow you know how the old saying goes, I went to see a fight and a hockey game broke out. Well if you were at the Rockford Icehogs game against the Milwaukee Admirals on Sunday you sure got your moneys worth. All… Read More »
With their 5-4 victory over the Nashville Predators on Saturday the Chicago Blackhawks have clinched their fourth straight trip to the postseason. It was the first time the Hawks beat Nashville in regulation this season. Their previous victory came in… Read More »
With four games left in the season the Chicago Blackhawks are on the verge of clinching their fourth straight trip to the postseason. Without going into all sorts of tiebreaker scenarios, if they get just one point Saturday against Nashville… Read More »
Thanks to Dave Bolland's first ever shootout goal the Blackhawks won the season series over the first place Blues 4-2. With the victory and a Phoenix loss the Hawks could have clinched a playoff berth but unfortunately the Coyotes won so Chicago… Read More »
The playoffs are fast approaching. With only six games left everyone is scoreboard watching because even one point can change the whole playoff picture. Currently the Blackhawks are sixth in the Western Conference with 92 points. They are four points… Read More »
Join Gibbs & Jon Fromi as they break down the Chicago Blackhawks each and every week. How long will Duncan Keith be suspended? Reportedly the league has asked for an in person interview which means 5 + games. Will we… Read More »
Duncan Keith is going to get suspended for his hit on Daniel Sedin, there is no way around it. Originally it was assumed that he would receive a suspension comparable to the one Shane Doan received this week. Doan who is… Read More »
Well the season is winding down and the battle for playoff positioning has begun. As it stands today the Chicago Blackhawks are looking like a lock for the six seed. They hold a five-point lead over the Phoenix Coyotes and… Read More »
General manager Stan Bowman failed to acquire a second line center at the trading deadline. Jonathan Toews has been out for several weeks and it is unclear when or if he will return this season. The Blackhawks have been getting… Read More »


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Narrow your search
Both of Apple's new smartphones offer significant updates over the iPhone 5s before, but how do they compare against each other?
CNET breaks out the most important things to know when shopping for a new television.
These two LEDs both promise professional-level color quality. So which one looks better?
After a tense battle, the City government of Seoul will crack down on UberX following the service's launch, offering rewards for reporting drivers.
The streaming-video service delivers medieval sex and violence to rival the best of Westeros in its latest original show, as it vies to rule premium online video on the global stage.
Scout gives you choices, but its four-product line-up is actually pretty limited in comparison to Samsung's security- and home-automation-minded SmartThings.
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Making way for a new tech purchase? Here's how to get the best deal from reselling your old gadgets.
The upstart Chinese phone maker is operating on a profit margin of just 1.8 percent, which pales in comparison to competitors like Samsung and Apple.
The company's software subscribers are generally satisfied, but Adobe still faces critics who don't like its 2013 decision to cease developing its Creative Suite software.
Australia always pays at least a little more for tech products. We break down the price difference between Australia and the US for the new iPads and Macs.


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Free thank you poems, thank you verse, and appreciation poems for all occasions. Heartfelt and sincere, this thank you poetry includes thank you for the gift poems.
This thank you poetry can also be used for appreciation poems. The following thank you appreciation poem notes assistance unselfishly given.
Thank you poems can give a specific or a general message. This thank you verse implies gratitude for relief of some sort of stress.
Thank you poetry often says the words that are hard to speak aloud. This thank you appreciation poem says that words are not enough to tell you how deeply you've touched me.
This thank you message is free verse poetry that could also be used as an appreciation poem.
Here's another short thank you poem that mentions the comfort that the person being thanked gave.
Thank you poems are always complimentary to the person being thanked. This free verse (nonrhyming) thank you appreciation poem compliments the person in a number of ways.
This thank you poem shows a lot of gratitude in a number of ways.
General, short thank you poems have wide application. This thank you poetry is a general thank you verse.
Here's another general short thank you poem.
Thank you poems can describe the person being thanked. This free verse (nonrhyming) thank you poem does that.
This thank you poem recalls pleasant memories.
This thank you for the gift poem says it all.
Of all thank you poetry, the thank you for the gift poems are used most frequently. This thank you for the gift poem has a variety of applications.
The most popular free thank you poems are thank you for the gift poems. This short thank you card verse is thank you poetry that will warm the heart of the recipient.
A lot of people are looking for thank you poems for parents, so I wrote this one.
Lots of people are looking for poems for pastors. There is a huge demand for pastor appreciation poems, probably for Pastor Appreciation Day, in October, so I hope this pastor thank you poem will meet that need.
All of us know people who give and give, and a thank you poem is not enough. Let's get the Lord involved to give people like that their proper reward.
If you are thanking a friend, you might want to take a look at our Friendship Poems.
Thanks for reading our thank you poems! These appreciation poems are free for use on personal greeting cards, provided that the author's name (Joanna Fuchs or Karl Fuchs) and our Web site address, www.poemsource.com, appear beneath the poem. (It can be small print; just so it's readable.) All other uses require permission. See our Terms of Use for details.


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Lightning show, soaking rains accompany Fourth of July
Updated On: Jul 05 2013 09:04:38 AM MDT
Mother Nature joined in the Fourth of July festivities Thursday night.
Lightning streaked across the Albuquerque metro area, outshining fireworks displays across the city. Some of the lightning strikes were inside the storm clouds, making the night sky look as bright as day.
The storm also provided a good soaking, which is a welcome sight for a city mired in drought. At the intersection of Eubank Boulevard and Indian School Road, drivers splashed through the streets as the rain poured down overnight.
Nearly 2,500 customers at the El Cerro Mission were without power as well. Crews hope to have the lights back by Friday afternoon.
If you have any pictures of the lightning or rain, please share them with us by uploading them to ulocal.koat.com, emailing them to firstname.lastname@example.com or send them to us via the u local tab on the KOAT app. We may use your photo on TV!
VIDEO: Friday Morning Forecast July 5th
VIDEO: Lightning Show in Albuquerque
Copyright 2013 by KOAT.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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Christmas in Rome | T+L FamilyThis family swore off exchanging presents (hallelujah!) and gave themselves the biggest and best Christmas gift of all. No wrapping necessary.
Hidden Treasures in MilanThough it seems conventional and staid, Milan, Italy has a wealth of little-known pleasures.
Living in Ponza, ItalyBefore she had even set foot on the island of Ponza, Helen Schulman was intent on living like a local in this diminutive Italian paradise.
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Rome Neighborhood Walk: Historic Ponte, Parione, and RegolaMeander the hidden backstreets of these Rome enclaves—and prepare to be delighted.
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Italy's Best Pizza TownT+L embarks on a mission to find the best pizza town in Italy.


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ã Jerry Bowen, 1999
Is Cherry Creek a ghost town or a near ghost town? I guess it depends on each individuals definition or imagination. Walt Campbell, a current resident of Cherry Creek provided me with a story that tweaked my fancy. Walt and another current resident, John Evans who along with his wife, Sue, run the Cherry Creek Barrel Saloon, are great story-tellers. In his own words, Walt tells of his first days in Cherry Creek:
The first time I visited Cherry Creek, Nevada was in October, 1978 or there abouts.
I had a friend who lived about sixty miles west and south of Las Vegas at Mountain Pass, California who had bought an ancient house in Cherry Creek in the mid-1970s and spent his vacations there and hoped to retire to his mountain retreat someday.
My intended at that time had known Johnny and Sue years before I came before I came into the picture. One day they decided that since Johnny and Sue were in Cherry Creek for their vacation and some deer hunting, that we should pitch some stuff into my old pick-em-up-truck and join them for a week-end.
Well, that was my beginning in Cherry Creek. An old and nearly deserted once Boom town of the 1870s to about 1908. It has never completely died, however it came close several times.
When Linda and I arrived in Cherry Creek that cool October morning we found Johnny and Sue at the Barrel Saloon. We had been going all night and the five hour drive from Las Vegas hadnt began until around four A.M., so we retreated to Johnny and Sues house for a little sleep.
We no more than got bedded down when I began to pick up on strange feelings and eerie sounds. I think they may have been in my head, but.....
After a few hours sleep we were ready to go again and go we did. We visited old mines, drank from clear mountain springs and romped in green grassy meadows. This was to be a day I would long remember. It was late at night that first day when we finally threw down our bed-rolls and snuggled down.
Well, heres what happened next. We were all snug in our beds, the dogs had curled up at our feet when all of a sudden. the front door was flung open with a bang as it hit the wall, the dogs went crazy and the cat disappeared. Flashlights and overhead lights came on and two fear crazed dogs and four people scrambled to see what was the matter. The front door stood wide open, the coat rack was in the middle of the living room floor, a curtain was ripped off the window in the door and of course the cat was gone forever.
There was no wind at all that night, the door had been closed and locked. The coat-rack was a board nailed to the wall beside the door with several large nails and the coats were hung on other nails driven into the board. The rack, coats and nails were six feet from the wall in the middle of the floor. None of the nails were bent so Johnny simply drove them back into their holes and tested it by hanging his two hundred pounds plus from the rack. It never came down again..
This was my first ghost encounter and I suppose Ill remember it for many more years. Since that night Johnny and Sue have had several such happenings, cold spots and all.
As the story goes, there once was a young man in love with the school teacher, the girls folks didnt like him much, so he wound up shot dead. A typical tale of love and tragedy.
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Our Big Bend river tours let you experience Texas along the Rio Grande and International border.
Mountain bike, hike, camp, river raft the Rio Grande and take Jeep™ tours down forgotten trails in the Chihuahan desert around the Chinati Mountains, Big Bend National Park and Big Bend Ranch State Park.
#1 Rated Attraction on TripAdvisor!
Ride the Devils River with Angell! Check Out Videos of our Exciting New Trips!
The Devils River is the cleanest, clearest and most pristine of any river in the State of Texas, so much so that it is used as the standard for water quality in the State. Devils River State Natural Area, managed by TPWD, has the best access points and campsites along this gem, we can take you on a guided trip down to experience this unique watershed. Access is strictly limited to 12 people per day so advance notice is required. Angell Expeditions requires a 4 person minimum for a 4 day trip. Longer trips can be taken but less than 4 days becomes a struggle to enjoy the river. Please contact us for pricing, they will be higher than our standard rates. This trip is only for the physically fit, some paddling experience is required.
Listen to a recent podcast about how Angell Expeditions came about and also more information on the beautiful Big Bend: http://www.cmmayo.com/marfa/podcast-2-charles-angell-big-bend.html.
Now trending: The exciting 52 mile Epic Bike Trail Loop in Big Bend Ranch State Park. For complete details, visit our Mountain Biking Page!
We can take you to areas only accessible by 4WD vehicles and on properties that have access granted only to Angell Expeditions.
See old Native American ruins, swim in hidden oasis springs and climb challenging mountain peaks for spectacular vistas of the Texas Big Bend region. We have access to hundreds of miles of trails in varying degrees of difficulty for hiking and biking. Bring your own bike or rent one of ours for $25 per day. Guided hiking and biking tours average $100 per person per day, with lower rates for groups of 3 or more. Camp sites and equipment can be provided at modest fees, depending on individual needs, with transportation to and from in our new jeeps™.
For those who prefer to view and experience the off-road areas of the Big Bend from the comfort of a vehicle, 1/2 day and full day jeep™ tours at rates averaging $75 – $100 per person.
Or, if getting on the Rio Grande is what you desire, our rates are $75 for 1/2 day, $120 for a full day Big Bend River Tour.
The photos you see on the following pages are only a fraction of what you can see and experience with Angell Expeditions.
For information:
Call either 432-229-3713 or 305-336-2787.
Email: firstname.lastname@example.com.
ATTIRE: For all activities we recommend long-sleeve shirts, sunglasses and a broad- brimmed hat unless activities require a helmet. Long pants are recommended on hikes and climbs to protect from brush and thorns, and spare socks are good to carry with for all activities. Shorts and/or a swim suit are good to keep with if taking a refreshing dip in a desert spring or other water source is desired.
Check Out Our YouTube Videos!
PLEASE NOTE: All deposits are non-refundable due to scheduling adjustments.
Jeep™ is a registered trademark.
Doing some Offroading of your own? Check Out ExtremeTerrain.com for Jeep Wrangler Parts and Accessories
Visit CampingSurvival.com for camping supplies, survival gear and survival food, regardless of your level of expertise or experience. Whether you
are an emergency preparedness-minded individual interested in MRE (Meals Ready to Eat) and colloidal silver, a hardcore hiker in need of paracord, a water filter system and fire piston, or just need a basic first aid kit or emergency kit for the family, you'll find it.
We offer the best Big Bend River Tours available and guarantee you will love your adventure with us.


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Added May 3, 2010
Linslade, United...
This dress is made using Butterick pattern 4790. I've been wanting to make this dress forever, but the pattern was too expensive. I saw it on sale recently and zapped it up. I found the this fabric in my local Asian shop for £1.50 ($2.50) per metre. This is the first time I've applied a bias binding to a garment and I was happy to find that it wasn't as difficult as I anticipated.
The dress was super easy to make – it's 3 piece with darts in the front and back. The dress back wraps around to the front. Hope you can see it from the pictures.
Cotton fabric
Bias binding
May 12, 2010, 08.05 PMby badkitty-1
I have this pattern too. Your dress is very inspiring & lovely. xx
May 4, 2010, 06.29 PMby tontondiva
This was nicely done! I think the bias binding gives it the pop!… Very nice!
May 4, 2010, 04.35 PMby momsgotanewhobby
This is really cute, I love the red bias! I picked this pattern up and have been waiting for inspiration to use it-I'm going to have to pull it out and go fabric shopping. Thank you!
May 4, 2010, 03.28 PMby helenadoll
what a cool dress! I'd like to give this pattern a go :)
May 4, 2010, 02.48 PMby rudegal
Very nice dress! It's similar to my 50's punk dress I put up here. I love your version with this lovely fabric!
May 4, 2010, 12.04 PMby isargruen
This is amazing! Such an extraordinary way of composing a dress! Thank you for sharing your wonderful result with us! I immediatly called some of the shops, who sell Butterick to get a grip on this pattern. I found it in Munich (350km from my home) and will have it by next week! Thanks to your advice I've ordered ab bigger size!
May 4, 2010, 12.13 PMby suzetewilliams
Wow, I'm glad I've inspired someone this much. I must say that I haven't seen this dress made up before, so I'm excited at the prospect of seeing other people's finished project here. I look forward to seeing yours.
A little tip on Vogue, McCall & Butterick patterns: if you're not in a hurry to get a particular pattern, join the VMB club ($15.00 per year) and order your patterns from the US. Even though you have to pay shipping, it turns out cheaper as they send you e-mails when they have promotions which is almost every week. I got this pattern for together with another 6 at $1.99 which is great value. Just a thought…
May 4, 2010, 04.13 AMby rifka
Nicely done! The print and addition of bias tape suits the pattern so well. Very cute.
May 4, 2010, 03.26 AMby runningwithscissors1
What an interesting dress! May have to scout that pattern out next time I am at the fabric store… Love it!
May 4, 2010, 12.21 AMby smowen3
So very lovely!!! I just bought the pattern on Etsy. I think it will morph well into a maternity dress.
I will let you know!
May 4, 2010, 07.12 AMby suzetewilliams
Lol, look forward to seeing it. thank you.
May 3, 2010, 08.34 PMby pixxxiepie
Very lovely! What a wonderful and unusual cut for a dress. I'm just fascinated by the wrap around effect. The fabric is also gorgeous!
May 3, 2010, 05.35 PMby mixtlii
Thanks for all the pictures to show how it's made… I've actually seen a few of this dresses on this website ("walkaway dress"), but I can't find the pattern, And I wanted to try to draft it… Now I've quite a good view of how it's made :)
May 3, 2010, 05.39 PMby suzetewilliams
Thanks :-)
May 3, 2010, 05.03 PMby wendymichelle1015
I am obsessed with this pattern right now! Looks great!
May 3, 2010, 05.38 PMby suzetewilliams
Hope to see yours here soon. Thank you.
May 3, 2010, 04.55 PMby keren
what a great pattern! Nifty idea, that wraparound back. I love the end result! Great job with the bias binding! I also found it is not that difficult to apply it, and it gives such a cute finish. Neat!
May 3, 2010, 05.38 PMby suzetewilliams
Thank you. :-)
May 3, 2010, 04.07 PMby aibby
You did a great job on this, i like the binding. I have this pattern also, but was afraid to make it, i read so many bad reviews of it. Think i'll try it now!!
May 3, 2010, 03.27 PMby gatonju
I have this pattern at home and wondered how it would turn out. Thanks for the tip on allowing extra fabric. I have to size the pattern up so I will take that into account. Great dress!
May 3, 2010, 03.17 PMby candicej
I love how authentic it looks, the print was an excellent choice. Very pretty!
May 3, 2010, 02.16 PMby farahajh
Such an unusual construction…I love it!
May 3, 2010, 02.29 PMby suzetewilliams
Thank you – yes it is.
May 3, 2010, 02.16 PMby Geeky Seamstress
great! its nice to see this dress made up, I've seen the pattern a few times but have held back because you never know how fabulous it will look in real life. the bias binding is a great touch, great bundle of 1950's elegance
May 3, 2010, 02.28 PMby suzetewilliams
Thank you. The only thing I would say is that if you're making this dress, allow extra fabric around the waist as the sizes do not reflect the women of today. I made a size 12, but it's actually more a size 8 (UK sizes).
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Order a WWII Navy Service Record
We provide access to the WWII Navy Service Records of individual WWII Navy Veterans. Navy Service Records from WWII provide an exciting look into the military career of individual WWII Veterans. WWII Navy Service Records usually include the following information: A photograph of the WWII Navy Veteran, units, ships, stations, campaigns, battles, awards, duties, assignments, training, medals, qualifications, citations, commendations, enlistment data, personal correspondence, pension information, medical data, discharge info and much more! Scroll Down to view the prices for WWII Navy Service Records. Please feel free to download an example of a WWII Navy Service Record.


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Mr. Fackler
From Grand Theft Wiki
Revision as of 17:31, 27 January 2010 by Spaceeinstein (Talk | contribs)
Mr. Fackler is the founder of love-meet.net and frequently emails users encouraging them to be active on the website in order to find love.
- Mr. Fackler can possibly just be his screen or username.
- Mr. Fackler's e-mail is email@example.com