So…my book is in and I have no deadlines hanging over my head…for now.  Let’s have a fun blog.  So many editors are on twitter, I thought it’d be fun to discuss:  

WHAT NOT TO TWEET IF YOUR BOOK IS LATE

1.  I just can’t get past level 70 on Cake Mania 3.

2. I know I should be doing something right now…what was it?

3. Ohhhh.  A Buffy the Vampire Slayer marathon just started.  Have to watch!

4. I think maybe I’ll switch jobs now.

5. I know I have a book due, but I just can’t stop writing this other genre.  Maybe I’ll get back to the other book soon.

6.  I should’ve been writing today…but Macys had an awesome sale!

7.  I just had my third coffee with Rumplemintz in it.  Is it 10am yet?

8.  Man…I’ve been drunk for almost a week.  Not long enough.

9.  Involuntary committment isn’t so bad.  I like crazy people.

10.  Darn it.  My boyfriend refused to bail me out.  I’m here in jail for another 48 hours.   HAHA

(For the record, I’ve never tweeted any of the above and my book was on time.)  🙂

As you probably know, CLAIMED has a very cool cover and now I have coverflats!  What you don’t know, is that the fabulous Cynthia Eden was kind enough to give us a cover quote.  Here it is:

CLAIMED is paranormal romance at its best! With intense action, fiery hot scenes, and a hero worth dying for–literally!–CLAIMED is a book not to be missed.

If you’ve read my blog, you know Cynthia is one of my favorite authors.  So receiving such an awesome quote from her is exciting…and humbling.  I just can’t thank her enough for taking the time out of her very busy, multi publishing schedule to not only read CLAIMED but to write a quote.

Here’s the back cover:

A DARING RESCUE

Emma Paulsen is a geneticist driven by science.  But she’s also a psychic, so when a dark, good-hearted vampire frees her from the clutches of the evil Kurjans, she realizes he must be the man who’s been haunting her dreams.  But with a virus threatening vampire mates, Emma may discover a whole new meaning of “lovesick”…

A DEADLY DECISION

As King of the Realm, Dage Kayrs has learned to practice diplomacy.  Still, it’s taken three hundred years to find his mate, so he’ll stop at nothing to protect her–even if it means turning his back on his own kind…

So…how about we give away a cover flat of CLAIMED along with a bookmark for FATED?  I’ll leave the contest open for a week or so.   Just leave a comment–about anything you want.  If all else fails, just say ‘hi.’  🙂

Welcome to Legal Musings where I talk about the law and…stuff.  Often copyright or writing issues…sometimes not. 

Well…first of all, there isn’t one set definition to cyberstalking.  As close as we get is “the use of technology to stalk victims—shares some characteristics with real-life stalking. It involves the pursuit, harassment, or contact of others in an unsolicited fashion initially via the Internet and e-mail.”   National Institution of Justice.

When I thought about doing a post about cyber talking, I assumed that there would be a strong federal law dealing with it.  NOT.  Now, for those of you who haven’t taken a government class in a while…keep in mind that the states have their own laws.  So New York may have a tough cyber stalking law while Oregon may not.  Or visa versa.  I don’t know because I haven’t looked yet.  I’m more interested in federal law right now.

But…I truly thought there would be a strong federal law.  The main federal cyber-stalking law we have is incorporated in the Violence Against Women Reauthorization Act of 2005, where Congress extended the Federal interstate stalking statute to include cyberstalking (18 U.S.C. §2261 A).  But, this overall Act mainly deals with domestic violence situations…and many cyber stalkers are strangers.

If there is an actual threat made by a cyber stalker, 18 U.S.C. §875(c),makes it a federal crime, punishable by up to five years in prison and a fine of up to $250,000.  But there has to be a THREAT made.  The law hasn’t really been challenged, so it’s unclear whether or not it applies when a stalker harasses someone using a chat room or bulletin board. 

Another federal statute, 47 U.S.C. §223, makes it a federal crime to harass someone over the telephone.  But, violating this section results only in a misdemeanor, punishable by not more than two years in prison.

If you are being harassed or stalked via the internet…you should go to your local police.  Find out if your state has decent stalking laws—some do.  Then move on to the federal authorities.  But so far, the strongest laws are in the states, and not federally.

DISCLAIMER:  This is not intended to be legal advice…and the mermaid is not naked.  Really.  She’s dressed.  This is a great place for you to start your research…not to rely on for legal advice.  I’m an awesome lawyer.  But I’m not your lawyer.  Frankly, I’d rather write about vampires in my jammies than dress up and go fight with some windbag in court.  So again…not legal advice.

So hi.  My name is Janie Kayrs, and Rebecca axed me to guest blog today.  I’m five years old…wait.  CLAIMED isn’t out yet, so I guess I’m still four years old.  In FATED, I’m four.  So I’m four.

Four years old is probably too young to be typing.  That’s okay.  I’m not.  I’m talking and the words appear.  Like magic.  ‘Cept it’s in the computer and isn’t real magic.  My aunt Mowra is a witch.  She likes magic.  You’ll meet her in HUNTED.  She married Uncle Conn a zillion years ago. 

Uncle Conn is the worst Go Fish player ever.  Whenever he loses, he paints his fingernails purple.  But you don’t really know him yet because his book is HUNTED.  Isn’t it cool everyone gets a book?

I get a book someday too.  It’s when Zane and I save the world.  Well, I think we save the world.  Sometimes things go wrong.  So maybe it won’t all work out the way I want.  But don’t worry…I’m sure gonna try.

Even though I’m five–I’m tellin the truth here.  Why pretend to be four when I’m five?  You’ll read CLAIMED and know I’m five anyway.  I’m still five in HUNTED.  I try to let the grown-ups know what’s coming, but they’re just grown-ups.  They can only handle so much.  So some things I keep secret.  I can see the future.  Sometimes.

I never told Mama about the Kurjans–the bad vampires trying to take over the world.  They work in labs and have made a cold that hurts vampire wives and shifters.  I dreamed of the Kurjans a long time ago.  I knew the Kurjans were coming.  I also new Talen was coming.  He’s a vampire…and my new daddy.  He looks all scary ’cause he’s so big…but he’s super nice.  He likes to buy my mama flowers and plants.  Well..sometimes he just takes a small tree out of the forest with his hands.  He’s super strong too.

The Kurjans want me cause’ I see the future.  Talen isn’t going to let that happen.  You should read FATED to see how he and Mama fall in love.  He’s kinda bossy, but my mama is pretty tough too.  Which is good, because the Kurjans are just getting started.

Welcome to Legal Musings where I try to blog about something going on in the legal world.  Often the topic will include writing, copyright..etc.  Sometimes it won’t.

As the internet has exploded with millions of blogs and people who comment…the question arises as to whether or not you can sue someone for a comment hurting your feelings, or worse, damaging your reputation. 

The quick answer is…it depends.  Yeah.  Welcome to the law. 

Interestingly enough, the The Federalist Papers, penned by James Madison, Alexander Hamilton, and John Jay, were published under the pseudonym “Publius.”  So even way back when, critics were anonymous.

So, there’s an interesting case in federal court where one guy (Max)  wrote about another guy’s (Dimeo) event party…and then other people ripped the party apart, basically saying the party sucked.  Several of the comments were anonymous.  So, Dimeo sued Max for defamation, citing those anonymous comments by other people.  The court didn’t buy it.  Dimeo lost on the defamation claim because, well, Max is like Google.  Yeah, Google. 

Interestingly enough, the court used the same analysis with Max as it did with the large GOOGLE case I cited a few weeks back. (Parker v. Google).   Max is like Google???  Well, under a CDA (Communications Decency Act) analysis, Max is like Google and thus gets immunity.

Three elements are required for § 230(c)(1) immunity. First, the defendant must be a provider or user of an “interactive computer service.” Second, the asserted claims must treat the defendant as a publisher or speaker of information. Third, the challenged communication must be “information provided by another information content provider.  (The commenters).  Dimeo v Max, 433 F.Supp.2d 523 (E.D.Pa.,2006).

So, at least in the federal district court in PA, Max (and thus any of us with a website) has the same immunity as Google when it comes to third party comments.  Wozza.

I thought this was an interesting way for the court to finish its opinion.

“Some of the dialogue on the Internet surely tests the limits of conventional discourse. Speech on the Internet can be unfiltered, unpolished, and unconventional, even emotionally charged, sexually explicit, and vulgar-in a word, “indecent” in many communities. But we should expect such speech to occur in a medium in which citizens from all walks of life have a voice.”  Dimeo at 533.

So, keep in mind this is one federal district court opinion only.  There are many other jurisdictions, and this case didn’t go up to the appellate or supreme court. 

When I get some time, I’d like to delve into the CDA, considering some of it (not any of the parts cited above) have been found unconstitutional.  For now, let’s be nice as commenters.  While our words MAY not be actionable, there are still several federal laws dealing with harassment we really don’t want to mess with.  I’ll go into a few of those at a later date. 

DISCLAIMER:  So, I’ve been getting more comments about my disclaimer than the blog entries.  🙂  No, the mermaid isn’t naked.  Yes, she has a shield and sword because the law is both a shield and a sword.  In a disclaimer, it’s a shield.  A big one that I’ll hit you over the head with if you take anything I say as legal advice.  Yeah, I’m being accurate.  But I’m not your lawyer.  This is not intended to be legal advice.  You may not rely on any of it (except me hitting you with the shield) as legal advice.  For the love of Pete – there are tons of starving lawyers out there.  Go hire one if you need one.  🙂