Yet More On Monday's FBI/Ellison Ruling
Gary Groth responded to Monday's ruling in the Ellison v. Fantagraphics litigation via e-mail:
"We were disappointed but not shocked by the ruling. Courts are reluctant to dismiss suits without their getting a hearing, so we understood that we had a high hurdle... That said, we have no doubt that we will prevail on the merits."
"The CBLDF [will] not help us. Their reason: What Ellison is suing over is not [technically] a comic.
"In other words, even though it's a book published by a comics publisher, the book itself is about comics, the book contains comics, and the book will be widely sold in comics specialty [stores] next to graphic novels -- the CBLDF will not help us because what Ellison is suing over is prose."
Groth noted in a follow-up e-mail that legal fees "are a cause for concern," particularly in light of the CBLDF's decision, and that Fantagraphics is considering various options to deal with the expense.
The defendants have 30 days to determine what their next legal move will be, and subsequent hearings have yet to be scheduled.
