That’s the essence of a Nov. 30 summary judgment from Deborah K. Chasanow, U.S. District Court judge in Maryland.
A first look at the legal papers suggests that the decision was a full victory by Advance against David Moynihan, operator of Blackmask, identified in the papers as “David Leach” (his legal name?). Advance owns the Conde Nast magazines.
Memorable site with 20,000+ titles
Yes, as a Blackmask fan, I am dismayed—-David created a memorable site with more than 20,000 titles in major e-book formats, plural. I hope that it will be back in full force within the bounds of the law. Even so, I know of no important member of the public domain community who, without any doubts, agreed with all of David’s arguments. I’m still baffled why he picked the fight when his “adverse possession” argument seemed so weak in this case. That’s my thinking as a nonlawyer, at least.
When I first heard the rumors of a summary judgment, I invited David to e-mail me his thoughts. That invitation still holds. If nothing else, I’ll be interested in knowing if he intends to press his case further. My original email to a Blackmask address bounced, but I’ve just retransmitted to David via another domain.
Silk Pagoda is no Blackmask in range of offerings
In David’s place, I would comply with the summary ruling and give up all the disputed material, originals included. Then I would work out arrangements to get Blackmask going again as soon as possible without the disputed works such as Doc Savage and the separate Shadow series. David’s Silk Pagoda site is interesting but no Blackmask in breadth of titles covered.
Credit: Thanks to Michael Ward for forwarding the relevant court documents from Will Murray. I’m assuming this is the same Will Murray who has represented the estate of Lester Dent, the writer of most of the Doc Savage stories.