02-04-2013, 02:07 PM | #31 |
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The issues I could see being relevant:
If Penguin *knew* he was lying, or strongly suspected it, there's a potential case for fraud, for them marketing known fiction as nonfic. (ETA: Since the book was published more than 10 years ago, I don't think this is likely.) If the companies he sued for libel, and committed perjury to win those lawsuits, want to sue for defamation/libel, they may have a case, depending on how the book portrays them. If the book was marketed as "Lance Armstrong, Noble Bike Hero Who Was Totally Falsely Accused of Doping," the public may have a class-action suit grounds for refunds based on fraud. (This could be true even if Penguin didn't know; they're supposed to confirm their marketing choices.) If, however, the book was marketed as "Lance Armstrong, Bike Celebrity, Tells His Story," I don't think there's much of a case for the public. Comparing those last two would involve marketing specialists insisting that the flyers/ad copy did-or-did-not state or imply specific things. The blurb text at B&N says "This is the story of one man's journey through triumph, tragedy, transformation, and transcendance. It is the story of Lance Armstrong, the world-famous two-time winner of the Tour de France, and his fight against cancer." I don't see an implication of "this man never used illegal drugs to win and never lied under oath." Last edited by Elfwreck; 02-04-2013 at 02:11 PM. |
02-04-2013, 02:34 PM | #32 |
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The legal case against Armstrong in any common law jurisdiction is straightforward, as it ought to be. He induced people to buy the book through the deliberately fraudulent misrepresentation of the fundamental facts about his career and his success. It may also constitute (in Australia) misleading conduct in trade or commerce under vthe Trade Practices Act.
The case against the publishers is much less clear, and would depend upon the extent of their prior knowledge. The book stands in a different position to autobiographies which conceal or distort or misrepresent the truth, even deliberately; as people have said, you're a dill if you expect the truth in an autobiography. The whole point of this book was not the autobiography - it was the courageous drug-free battle. If he had admitted taking drugs, then the whole premise of the book - and hence the book - disappeared. |
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02-04-2013, 02:59 PM | #33 | |
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Book Description (Amazon)
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02-04-2013, 06:53 PM | #34 | |
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A representor may make a statement which prima facie is technically true; however this may tell only half the story. If a statement of fact is made but the representor fails to include information which would significantly alter the interpretation of this fact, then a misrepresentation may have occurred. If Armstrong made the same sort of claims in his promo appearances (which he no doubt did), then it clearly leaves him open to actions for fraudulent misrep. In addition, it also leaves the publishers open to actions for innocent misrep even if they had reasonable grounds for believing that their false statements were true. The difference between fraudulent and innocent misrep lies in the remedies available. In this case it would probably make no practical difference - the remedy would be refunding the purchase price/cost. |
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02-04-2013, 07:00 PM | #35 |
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02-04-2013, 07:38 PM | #36 |
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Steve Wozniak says the coming Steve Jobs biopic is far from the truth. And I find Woz credible. So can I make that one of the two or three movies I see this year and then get my money back?
Taking this too seriously, Random House is owned by a German charitable foundation, and so it would be morally much better to sue in-it-for-the-money movie studios for lying biopics than to go after the book publisher. I told my DW that this wouldn't be a popular argument to make, since people here don't always like Random House, but she said to go for it |
02-04-2013, 08:50 PM | #37 | |
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02-04-2013, 09:19 PM | #38 |
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02-04-2013, 09:25 PM | #39 |
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02-04-2013, 09:40 PM | #40 |
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What Jozawun said is basically right; there may be a cause of action against Armstrong under the California's Consumer Legal Remedies Act. Basically, if you make certain kinds of false statements in order to sell goods, and people buy the goods in reliance on the false statement, you've violated the act and can be sued.
The hardest thing about these kind of suits is proving reliance, and I see that as being a big problem in this case. I'm not sure how the plaintiffs will prove that they bought the book because they believed that it was all true, as opposed to having simply bought the book because it was written by Armstrong and they were interested in what he had to say. Reliance is a problem for the class, too, such that it might be hard to establish a class action. (There's also a statute of limitations issue, but it might be tolled). |
02-04-2013, 10:28 PM | #41 |
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02-04-2013, 10:28 PM | #42 |
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02-05-2013, 01:03 AM | #43 | ||
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Did the readers buy the book because he beat cancer, or because he won the Tour de France? I'm not saying that cheating is wrong, but this guy has a point: Quote:
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02-05-2013, 01:11 AM | #44 |
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02-05-2013, 02:58 AM | #45 |
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No moral problems here. The charity constract is only/mostly for cutting taxes.
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