Talk:Fitzhenry & Whiteside

Writer Beware allegations
The Authors Beware section seems to be a dump from the timeline posted by one of the parties involved in the dispute and is totally one-sided. You can find the author's original article here: http://www.doranna.net/wordplay/index.php/2011/10/15/writer-beware-fitzhenry-whiteside/

Noted sci-fi author Robert J Sawyer refutes the allegations here: http://sfwriter.com/blog/?p=3034#comments

I'm not saying that either party is right in the situation, simply that if that section is kept at all, it should be presented in a more neutral fashion. NegaScout (talk) 00:05, 22 October 2011 (UTC)

Hi NegaScout.

Thank you for noticing Fitzhenry & Whiteside article. I agree that the current composition of the article is one-sided. Unfortunately at the time I updated the article, I couldn't find anyone publishing a viewpoint that disputed Author Durgin's. I would like to see this article evened up to a neutral balance. I've fallen ill ( a cluster of joint and bone issues ), and can't do it so I'd like to ask you to take a look at Robert Sawyer's veiws and add the alternate viewpoint to the article. Please note that the central issue appears to be different definitions of what the phrase "normal trade channels" means to each of the contractual parties. Since the legal definition of a contract is "A meeting of minds" and the two parties here do not agree about what the phrase "normal trade channels" means, a court's view of the case would be "there is no contract". But both parties have already acted in substantial financial reliance upon the contract so how a court would address the damages to both parties isn't clear. There is also the potential breach of contract issue by F&W who did not provide the promotion campaign they had promised for the book. (Unknown: does any language about the promotional campaign exist in the contract? does the language about the promotion campaign in the claimed, but not shown, emails (see durgins blog for this new info) merit inclusion as addenda to the contract terms?  A court might have to decide. )

As usual, when a business contract falls apart, its because each party had their own idea of what something in the contract meant, and the contract failed to define exactly what the term meant. Some industries have actually defined specific terminology to be used in contracts or pevious case law have established how some terms are defined, but this case doesn't seem to have either of those to rely on and further with Internet based commerce changing how all commerce works, do any existing legal cases or definitions even apply anymore?

You, ( or whomever adds updates to this issue in the article), may want include some of these issues in the article.

(some of the above text was created using Dragon Naturally Speaking, be ware of mis-recognized text) Jjk (talk) 17:48, 10 November 2011 (UTC)

I have reduced the section to a single sentence which I think is neutral enough. Details could be added if and when there is an actual court case and decision.--184.147.128.151 (talk) 01:36, 11 February 2012 (UTC)


 * Neutrality has been more than restored.
 * I am removing the notice.
 * I will rearrange slightly.
 * Varlaam (talk) 22:20, 15 February 2012 (UTC)
 * ✅ Varlaam (talk)

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