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herbertwest
12-07-2010, 01:38 PM
Someone opened a complain to Stephen King regarding plaggiarism.
Apparently about 60+ things from Duma Key would look like Ron Marquardt's"Keller's Den" book, published in 2002.

More details :
http://www.courthousenews.com/2010/12/07/StephenKing.pdf

haunted.lunchbox
12-07-2010, 02:10 PM
Of all the things to plagiarize....

Rahfa
12-07-2010, 02:18 PM
Interesting....unwinnable, of course, but some of the similarities aren't totally out of the blue. I could see his point, even though I don't "Keller" (or "Duma") was exactly a groundbreaking plot.

different_seasons
12-07-2010, 02:20 PM
Quite a few similarities there.

Randall Flagg
12-07-2010, 04:51 PM
Pure and utter rubbish. Obviously King wasn't the first person to write about someone who after a cathartic event (The Dead Zone) gains an ability that is "supernatural". I am moving this (reluctantly-It's not my job to delete what is public) to The Oracle. The lawsuit will undoubtedly plod on for years, but hopefully this thread will die much sooner.
Thanks to Herbertwest for alerting us.
At least the Plaintiff isn't quite the psycho as the person accusing King of murdering John Lennon.

mae
12-07-2010, 05:43 PM
Who's this guy anyway? There's not even a Wikipedia page. Nothing on Amazon.

And most of those are absolutely surface similarities. Bullshit. As in:


Both novels use the word “cavalry” as being rescued from the intruder when someone else shows up

What. The. Fuck?

I think I missed the one where both novels use the word "the" multiple times, often at the beginning of sentences!

Candice Dionysus
12-07-2010, 05:51 PM
Things are similar, yeah, but a person saying they wouldn't notice if the smoke detector went off is NOT the same as someone actually not noticing the rooms around them filling with smoke. Yeah, lots of similarities, but nothing directly stolen. This is a publicity thing, has to be. So dumb.

jhanic
12-07-2010, 05:57 PM
It's a shame that King is going to have to spend money on lawyers, etc. to defend himself against such a frivolous suit.

John

mae
12-07-2010, 06:00 PM
Who's this guy anyway? There's not even a Wikipedia page. Nothing on Amazon.


Pardon, here's his magnum opus on Amazon: http://www.amazon.com/dp/1591291011 - looks to be one of those self-published deals, with reviews likely by him, too.

Candice Dionysus
12-07-2010, 06:23 PM
It's a shame that King is going to have to spend money on lawyers, etc. to defend himself against such a frivolous suit.

John

From what I gathered his publisher is getting sued, too, so if they're cool enough they might just let him share their lawyers.
But yeah, it's just a shame.

EvaH
12-07-2010, 06:49 PM
Who's this guy anyway? There's not even a Wikipedia page. Nothing on Amazon.


Pardon, here's his magnum opus on Amazon: http://www.amazon.com/dp/1591291011 - looks to be one of those self-published deals, with reviews likely by him, too.

Three of them are from the same person. :wtf:
http://www.amazon.com/gp/cdp/member-reviews/A2SK9V9PZ8K4CI/ref=cm_pdp_rev_all?ie=UTF8&sort_by=MostRecentReview

gsvec
12-07-2010, 06:54 PM
Similarities, yes. Plagarism? No way. Makes me wonder if this guy's in it for the publicity - thinking people will start buying his book just to compare it themselves.

gsvec
12-07-2010, 06:57 PM
SPARE ME! How ridiculous is this?? :wtf:

In reference to other people looking at each of the main character’s paintings or drawings:
In Keller’s Den (page 39), Martin asks Janet, “What do you think?”
In Duma Key (page 73), Edgar asks Ilse, “What do you think?”
In Duma Key (page 166), Edgar asks Jack, “What do you think?”

In Keller’s Den (page 39), Janet asks Martin, “You did this?” and “When did you do this?”
In Duma Key (Page 73), Ilse asks, “You really did these?” and “When did you do this?”
In Duma Key (page 17), Dr. Karman asks Edgar, “You do this?”
In Duma Key (page 256), Wireman asked Edgar, “When did you do this?”

In Keller’s Den (page 39), Janet says, “It’s so God-damned good.”
In Duma Key (page 17), Dr. Karman says, “This is pretty good.”
In Duma Key (page 73), Ilse says, “They’re good. Maybe better than good.”

In Keller’s Den (page 40), Martin asks “You really like it?”
In Duma Key (page 88 ), Edgar asks “Do you like it?”

ETA: Maybe the case will get thrown out of court because on page 5 item c, it notes SK's character "Edgar Freeman". :orely:

Yeah Sure Whatever
12-07-2010, 08:10 PM
All these posts and no "You stole my story"

For shame!

Candice Dionysus
12-07-2010, 08:32 PM
I'm just disappointed in the person who started the lawsuit. [shrugs] Pathetic.

Randall Flagg
12-08-2010, 06:13 AM
All these posts and no "You stole my story"

For shame!


http://www.youtube.com/watch?v=e5PWbTseMx0

Iwritecode
12-08-2010, 07:15 AM
SPARE ME! How ridiculous is this?? :wtf:

In reference to other people looking at each of the main character’s paintings or drawings:
In Keller’s Den (page 39), Martin asks Janet, “What do you think?”
In Duma Key (page 73), Edgar asks Ilse, “What do you think?”
In Duma Key (page 166), Edgar asks Jack, “What do you think?”

In Keller’s Den (page 39), Janet asks Martin, “You did this?” and “When did you do this?”
In Duma Key (Page 73), Ilse asks, “You really did these?” and “When did you do this?”
In Duma Key (page 17), Dr. Karman asks Edgar, “You do this?”
In Duma Key (page 256), Wireman asked Edgar, “When did you do this?”

In Keller’s Den (page 39), Janet says, “It’s so God-damned good.”
In Duma Key (page 17), Dr. Karman says, “This is pretty good.”
In Duma Key (page 73), Ilse says, “They’re good. Maybe better than good.”

In Keller’s Den (page 40), Martin asks “You really like it?”
In Duma Key (page 88 ), Edgar asks “Do you like it?”

ETA: Maybe the case will get thrown out of court because on page 5 item c, it notes SK's character "Edgar Freeman". :orely:

I liked these:


Keller’s Den has Billy (pages 129, 130, 131, 132, 144).
Duma Key has Bill (page 395).
Keller’s Den has Joe Keller (many chapters).
Duma Key has Joe (page 523).

They are seriously trying to use the fact that a single (extremely common) name that appeared on a single page as evidence of plagiarism? :wtf:


Both novels reference the curse in the following comparison to a
vampire:
Keller’s Den -- “His sudden artistic impulses drew him to the
canvas much in the way that a vampire is drawn to the
uncontrollable urges that force his fangs into the necks of
innocent victims. While stroking the brush across the canvas
was satisfactory for one,
Duma Key – “We’re talking about something far older and
more monstrous. Hungry too. That much it does have in
common with vampires. Only hungry for souls, not blood.
(page 462).” The vampire reference here in Duma Key is more
of a coerced association with the thoughts in Keller’s Den than
it is corresponding into the story line in Duma Key. In other
words, it’s out of place in Duma Key, but King liked this
Keller’s Den excerpt well enough to squeeze it into Duma Key,
particularly the part when King tries to contrast the Keller’s
Den association to vampires that are hungry for blood. The
hungry for souls, not blood part is comparable to the ancestry
in Keller’s Den that is hungry for souls and “the taste of new
blood to host his wretched soul” (Keller’s Den - page 145).

Yea, because SK has never written about vampires before... :wtf:

Jean
12-08-2010, 07:47 AM
yes

like one Soviet poet (allegedly) said once:

I've written a poem about love. The topic is closed.

blavigne
12-08-2010, 07:57 AM
yes

like one Soviet poet (allegedly) said once:

I've written a poem about love. The topic is closed.

Great quote!! LOL :lol:

mae
12-08-2010, 08:09 AM
This is just mind-bogglingly stupid.

turtlex
12-08-2010, 08:11 AM
You can bet that sales of "Keller's Den" have risen, though.

Ricky
12-08-2010, 11:02 AM
This is sad. It's almost like the guy sat down and tried to find similarities to his own work.

Keller's Den: "The", page 22
Duma Key: "The", page 23

The similarities speak for themselves! :o

pathoftheturtle
12-08-2010, 02:06 PM
Can't you just picture SK finishing Keller's Den and saying to himself, "Gee, I've never plagiarized before, but this is really tempting... I haven't read a book that good in all my decades as an exceptionally prolific and routinely best-selling author. Of course, if I get caught, it could hurt my reputation. Hm. Yeah, it's worth it!"

blavigne
12-08-2010, 02:09 PM
Can't you just picture SK finishing Keller's Den and saying to himself, "Gee, I've never plagiarized before, but this is really tempting... I haven't read a book that good in all my decades as an exceptionally prolific and routinely best-selling author. Of course, if I get caught, it could hurt my reputation. Hm. Yeah, it's worth it!"

Exactly, what pathoftheturtle said!

BROWNINGS CHILDE
12-08-2010, 09:55 PM
Just redonkulous.

The author of the above statement reserves the use of the word "redonkulous". Its use is considered proprietary and any use of the word "redonkulous" without prior written authorization from said author or his representives is strictly prohibited and may result in legal action.

Jean
12-09-2010, 01:39 AM
Can't you just picture SK finishing Keller's Den and saying to himself, "Gee, I've never plagiarized before, but this is really tempting... I haven't read a book that good in all my decades as an exceptionally prolific and routinely best-selling author. Of course, if I get caught, it could hurt my reputation. Hm. Yeah, it's worth it!"http://i91.photobucket.com/albums/k291/mishemplushem/Facilitation/bear4bis.gif

alinda
12-09-2010, 06:28 AM
Get the heck out of Dodge, what a moron to say that these simslarities qualify as plagiarism. redonkulous.

:lol: couldnt resist it!

RainInSpain
12-09-2010, 06:41 AM
redonkulous, indeed :lol:

I'm curious if anything can be done to discourage this sort of thing. Riding the publicity horse is alright as long as it's not at someone else's expense.
Or is it just unavoidable?

Erin
12-09-2010, 06:58 AM
Poor Stephen King. I hate that he has to even deal with something as sad and pathetic as this. :(

jhanic
12-09-2010, 08:27 AM
redonkulous, indeed :lol:

I'm curious if anything can be done to discourage this sort of thing. Riding the publicity horse is alright as long as it's not at someone else's expense.
Or is it just unavoidable?

Unfortunately, here in the US, any idiot can bring suit, regardless of the quality of the suit. The defendant (here it's King) is almost required to defend this. Often the suit is thrown out of court but the defendant has no recourse to be reimbursed for his costs. I think it's different in other countries, though.

John

RainInSpain
12-09-2010, 10:10 AM
redonkulous, indeed :lol:

I'm curious if anything can be done to discourage this sort of thing. Riding the publicity horse is alright as long as it's not at someone else's expense.
Or is it just unavoidable?

Unfortunately, here in the US, any idiot can bring suit, regardless of the quality of the suit. The defendant (here it's King) is almost required to defend this. Often the suit is thrown out of court but the defendant has no recourse to be reimbursed for his costs. I think it's different in other countries, though.

John

Thanks for clarifying this to me.
:sigh: That's what I suspected. Easy access to judicial means does have its disadvantages.

haunted.lunchbox
12-09-2010, 10:23 AM
Obviously, there isn't much merit to this case, but do you think the guy bringing up the lawsuit feels as if he's been wronged? It could possibly be that the man is not malicious, just delusional.

I don't feel bad for the money King has to spend as much as the damage it will do to his reputation. So many people believe any headline they read.

Brice
12-09-2010, 12:10 PM
I imagine King psychically stole all of my ideas for stories over the last few decades. I should sue. :angry:

Stephen King should sue this guy for being a dumbass. It's infinitely more provable.

Jean
12-09-2010, 12:18 PM
So many people believe any headline they read.
Yes.

Brice
12-09-2010, 02:17 PM
So many people believe any headline they read.
Yes.

I read that here so I believe it. :lol:

No, I agree 100% seriously.

Patrick
12-09-2010, 02:40 PM
I have not read any posts in this thread whatsoever. However, based solely on the thread title alone, I find the plagiarism charges to be redonkulous.

jhanic
12-09-2010, 07:09 PM
Obviously, there isn't much merit to this case, but do you think the guy bringing up the lawsuit feels as if he's been wronged? It could possibly be that the man is not malicious, just delusional.

I don't feel bad for the money King has to spend as much as the damage it will do to his reputation. So many people believe any headline they read.

I have the feeling that he is suing King hoping for a monetary settlement without the case going to trial.

John

haunted.lunchbox
12-09-2010, 07:25 PM
Obviously, there isn't much merit to this case, but do you think the guy bringing up the lawsuit feels as if he's been wronged? It could possibly be that the man is not malicious, just delusional.

I don't feel bad for the money King has to spend as much as the damage it will do to his reputation. So many people believe any headline they read.

I have the feeling that he is suing King hoping for a monetary settlement without the case going to trial.

John

That pisses me off. I hate it when opportunists create frivolous lawsuits in order to get a settlement without going to trial. I hope SK creates a long, drawn out drama that ends up costing the man a fortune in legal fees, and when the lawsuit is found to be unfounded perhaps SK can sue the guy for legal fees.

BROWNINGS CHILDE
12-09-2010, 11:06 PM
Redonkulous lawsuits pending.

You were warned.

alinda
12-10-2010, 06:11 AM
:panic: Flees country ( hopfully with Stephen King ) ;)

candy
12-10-2010, 12:56 PM
bloody hell!!! poor stephen, first he gets hit with the fact he stole the whole dome thing from the simpsons and now this!!! my god is anything he wrote his own work or has he been copying other peoples work for the past 40 years!!!!:scared:

jeez, get a life.........................oh wait..............................
yep the sales of the losers book have just doubled

from 2 to 4

blavigne
12-10-2010, 01:42 PM
bloody hell!!! poor stephen, first he gets hit with the fact he stole the whole dome thing from the simpsons and now this!!! my god is anything he wrote his own work or has he been copying other peoples work for the past 40 years!!!!:scared:

jeez, get a life.........................oh wait..............................
yep the sales of the losers book have just doubled

from 2 to 4

:lol:

Woofer
12-13-2010, 06:01 AM
I think King is stealing from himself. A character named Bill appears in IT and a character named Bill appears in Duma Key. Likewise, a Bill appears in several other King stories and books. As if the world had Bills walking around left and right. Give me a break!

lordmerchant
12-14-2010, 06:02 AM
Reading through the PDF I cannot believe this case was even considered by the claimants lawyers, It's mind boggling that this cae could even be taken to court. What now stops me from writing a book with everyday names and language and filing lawsuits of my own. redonkulous.

alinda
12-14-2010, 07:06 AM
It is my oppinion that a side by side comparrison of the books , and a poll after would settle the whole thing
No matter Duma Key would be declared the winner hands down.:clap:

also I notice that no one is claiming plagerism on FDNS or say Just After Sunset....or any other NOT GREAT works by Sai King.:lol:WHY???????

mae
08-16-2011, 04:44 AM
http://www.ajc.com/news/judge-rejects-copyright-suit-1110796.html

An Atlanta judge has thrown out a lawsuit that claimed author Stephen King stole another writer's ideas for the best-selling 2008 novel "Duma Key."

Rod Marquardt filed a copyright infringement suit last year against King and his publisher, Simon & Schuster. Marquardt contended King took key passages and copied the plot of Marquardt's first and only novel, "Keller's Den," published in 2002 under the nom de plume "Rod Morgan."

Marquardt's lawsuit noted that shortly after the publication of "Keller's Den," he sent a copy of the novel to King's publisher, hoping King would read the book and write a blurb for the cover. Simon & Schuster returned the book, however, and informed Marquardt that King did not accept other authors' books for review, the ruling said.

"Keller's Den" is about a family curse that allows a malevolent force to possess its members, including the lead character Martin Keller, who takes up painting and then begins having hallucinatory experiences in which he is transported to the scenes of his paintings. The thriller "Duma Key" about a Minnesota construction company owner who loses his arm and suffers head injuries from a crane accident and then moves to a Florida island where he becomes obsessed with psychic painting.

When Marquardt read "Duma Key" after it was published, he became convinced King stole his ideas and copied his work, said his lawsuit, which provided a lengthy list of analogous details from both novels.

But U.S. District Judge Julie Carnes, in a ruling issued last week, said she failed to find substantial similarity between the two works and dismissed the suit.

"Keller's Den," Carnes wrote, is essentially a religious allegory of fall and redemption, while "Duma Key" is primarily a psychological novel. The lead character of Marquardt's book is an otherwise ordinary and decent person possessed to do evil things by his family curse. Edgar Freemantle, the lead character of "Duma Key," is a man deeply depressed as a result of his accident, Carnes noted.

Also, "Keller's Den" is driven more by action than suspense, whereas "Duma Key" is a novel that creates suspense, fear and mystery through the exploration of Freemantle's psychology, Carnes said.

"While both works feature the idea of a newly discovered painting skill connected to some ancient evil, each work expresses that idea in very different ways," Carnes concluded. "Keller's Den" is transparent and direct in its literary devices and message, while "Duma Key" is a "mystery that strews puzzle-pieces throughout the novel, only showing how they fit together after the reader is deep within the work."

Bev Vincent
08-16-2011, 05:18 AM
A judge who also seems to be a perceptive literary critic!

biomieg
08-16-2011, 05:47 AM
That's what I thought too, Bev. Awesome!

DoctorDodge
08-16-2011, 05:52 AM
A judge who also seems to be a perceptive literary critic!


That's what I thought too, Bev. Awesome!

Yes, that was exactly what I thought. "We have carefully observed and considered the evidence, and we find the defendant....hold on, I just need to finish this chapter....sorry, innocent of copying a boring book. Mr King, you may go, but I have one final question regarding the carefully observed manuscript: can I keep this? No? Oh, ok. Still a good book, anyway!"

pixiedark76
08-16-2011, 11:40 AM
Maybe the judge had a literary minor in collage!

divemaster
08-18-2011, 05:53 AM
Rod Marquardt filed a copyright infringement suit last year against King and his publisher, Simon & Schuster. Marquardt contended King took key passages and copied the plot of Marquardt's first and only novel, "Keller's Den," published in 2002 under the nom de plume "Rod Morgan."

"Rod Morgan"? Seriously? With a stage name like that, maybe he ought to take up a career in porn.

mae
05-29-2012, 06:37 AM
http://www.prnewschannel.com/2012/05/29/author-shines-light-on-famous-horror-writers-eerily-similar-story-questionable-treatment-in-court/

Rod Marquardt realized a professional dream when his thriller novel “Keller’s Den” was published in 2002. When his publisher, Publish America, informed him that the famed horror novelist Stephen King had expressed interest in reviewing books by Publish America, including “Keller’s Den”, Marquardt was in disbelief. That disbelief evolved into shock and confusion when King’s 2008 best-selling novel “Duma Key” was released with an eerily similar plot.

“After reading Duma Key, I came to the conclusion there were too many atypical similarities to consider the content in both novels as being coincidental,” Marquardt said.

Marquardt sued King in 2010 on the grounds of copyright infringement stating that King used Marquardt’s story in “Keller’s Den” to spin his own tale. Marquardt amassed a list totaling 35 pages detailing each incident of similarity between the two books.

“Both novels use an ancient evil force that provides the main character the ability to paint extremely well, an older woman living next door to the main character played in integral part of the plot in both stories and each story had a family member of the main character die in the exact same way and both came back as a ghost” argued Marquardt.

Almost as soon as Marquardt had brought the claims against King, the Northern Georgia district court judge presiding over the case dismissed it on the grounds of a lack of “substantial similarity”. Marquardt argues that facts of his case may have been viewed as less important than the name of the accused, as the case was dismissed before it reached the discovery and summary judgment process.

“I understood my chance of winning this case was the same as David beating Goliath, but David won. While I don’t consider myself to be David, I did, and still do, feel my argument warranted it’s time in court and should have been allowed to be heard before being so hastily dismissed,” Marquardt said.

Marquardt questions if his case can be included as an example of preferred treatment for celebrities. He explains on his website that he had to submit several corrections due to incorrect statements made by the defense and questions why only one third of his 35 pages of similarities were listed in the original complaint. Marquardt also wonders whether his judge was selected because of her knowledge of copyright law or because of a random choice or preferment.

“With everything already lining up against me, I didn’t give myself the best chance to win either,” said Marquardt. “I picked a lawyer who missed two filing deadlines and I did not research the outcomes of similar cases that were heard at the same venue.”

Marquardt makes clear on his website that he never attempted to disrespect or discredit the best-selling author. He even goes as far to applaud King for his illustrious and longstanding career.

“It is hard for me to say anything negative about Stephen King without making an effort to shed a positive light on his behalf,” said Marquardt. “However, nobody is exempt from walking too close to the edge on occasion and sometimes temptation is too powerful to resist.”

For more information on the court proceedings, Rod Marquardt and “Keller’s Den”, or to view the list of similarities in its entirety, please visit www.rodmarquardt.com.

About Rod Marquardt: Rod Marquardt had already won multiple academic awards for writing by the time he decided to take his writing more seriously while attending South Dakota State University. It was at this time that Marquardt started writing what would eventually become his first novel “Keller’s Den”, published in 2002. He credits his writing ability to the numerous authors in his ancestry including Louisa May Alcott, Geoffrey Chaucer and Truman Capote. Marquardt currently resides in South Carolina following in his father’s footsteps working in the wholesale food industry. He is eagerly finishing his second novel and expects the novel to be published soon. For more information about Rod Marquardt or his books visit www.rodmarquardt.com.

ELazansky
05-29-2012, 06:50 AM
So he is charging $1.99 to see the list of similarities...interesting.

Brice
05-29-2012, 06:56 AM
Well, SK stole his book; he's gotta' make money somehow. :P

Heather19
05-29-2012, 07:06 AM
Has anyone read this book by chance?

sgc1999
05-29-2012, 07:33 AM
Maybe both Authors were drinking from the same creative pool? :)

jhanic
05-29-2012, 12:09 PM
Good thing Bram Stoker isn't around to sue King for plagiarism of Dracula!

John

WeDealInLead
05-29-2012, 01:37 PM
Or Tolkien for DT.

Jean
05-30-2012, 02:09 AM
Or Shekley for the Running Man. Etc.

sgc1999
05-31-2012, 06:39 AM
or the simpsons for under the dome:)

DanishCollector
05-31-2012, 02:48 PM
Or Koontz for numerous of King's novels.