Many of you will have seen Christian Tobler's post concerning the resolution of the authors' dispute with Brian and Ann Price d/b/a Chivalry Bookshelf/Revival Enterprises.
viewtopic.php?f=3&t=157458
This was the resolution of a long, protracted legal dispute which first began here on the Armour Archive, bringing to light a series of revelations about Brian Price's business dealings with his authors, as well as a long and torturous recounting of similar dealings as an armourer, clothier, product commissioner and patron of other artisans. I really don't want to recount all of that here, but for those whose curiosity gets the better of them, there are twenty five pages preserved here that recount the entire long, sordid and continuous pattern of dissembling, false promises, sub-standard product, mailed checks that never materialize and outright theft:
viewtopic.php?t=129990&postdays=0&postorder=asc&start=0
For those who want the short strokes, Brian's Wikipedia page should suffice:
http://en.wikipedia.org/wiki/Brian_R._Price
I promised all of you that I would post when all was resolved, and a resolution was reached. Since Christian made his announcement, we've received a number of questions about other titles, other authors, etc. Due to the terms of the settlement, Christian and the other authors have a non-disclosure agreement, and cannot discuss details. I, however, have no such restraints, and can and will answer those questions with this summary.
1. Why aren't Stephen Hand, Bill Wilson, Paul Wagner, Mark Rector or John Greer's books included on the Freelance website?
Simple - they chose not to be a part of the lawsuit, each for their own reasons. Actually, Paul Wagner wanted to join the case, but with his two co authors (Rector and Hand, respectively) declining, he had little recourse.
2. Did those authors receive a settlement?
Well, while doing nothing, the other authors actually profited from *our* actions. Once it became clear that we were going to go through with arbitration, Ann Price rushed to try cut deals for cash and return of rights to each of the above. I do not know the particulars.
Now, I am sure that Ann will try and claim that she and Brian always intended to make those payments - much as Brian tried to claim on the original thread here. What I can confirm, and supply ample evidence to, is that Ann had never contacted anyone until the case moved forward, and until she had begun to try and cut individual deals with the various parties in the legal case, if they would just drop out.
I suppose some people will choose to believe Ann's story, much as many people believe that Ann is not a party to Brian's deeds. But then, some people believe in the Easter Bunny, too. The words of P.T. Barnum looms large here.
3. What will happen to those authors' titles?
I don't know. My understanding is that the authors have their rights back, so Chivalry Bookshelf/Revival Enterprises can continue to sell its stock (oh yes, more on that, later), but the authors can also do whatever they want right now to create new editions.
4. Why isn't Greg Mele's "Arte Gladiatoria" title available at Freelance?
Well, it *is* available .... from Chivalry Bookshelf. (And thus, the subtitle of this thread.) Here is what happened:
Brian's contract with my co-author, Luca Porzio, required binding arbitration - I had no such arbitration agreement with Brian, either for author or editorial royalties. Once it became clear that the Prices would force the case into arbitration, Luca decided to withdraw from the case, as he could not see how to be part of an international dispute, which could drag on for some time, where the publisher refused to provide our counsel with:
a. independently verifiable sales numbers - not their own home-grown spreadsheets;
b. an inventory of remaining product and its current retail value;
c. had already been found "dumping" titles on a resell and Lulu site to try and liquidate the stock of the titles that were in dispute.
Brian also sent Luca an email accusing me of leading a witch-hunt, and asserting that he had never believed me to be a "legal co-author" and that he had "granted that as a courtesy", and asking that Luca immediately accept a check for back royalties, and write a letter supporting Brian's position
I will let you all imagine how that story can make sense, seeing as a) the book is copyrighted in my name, b) Luca specifically named me as a co-author in his own acknowledgments to the book, c)I have an email from 2011 from Luca reaffirming my role as the co-author, d) the one and only royalty payment Luca received before Brian attempted to buy him off in the 11th hour stated that the total royalty had been divided in half for the "co-author, Gregory Mele". (No, I never saw that other half of the royalty payment.)
With Luca removed from the case, we knew that it would be a challenge to have my case heard by the arbitrator, but at the same time, we couldn't take the entire case to court, because the other authors *did* have an arbitration clause. As expected, the arbitrator ruled that although he felt there was a good case for copyright infringement, he could not rule on my part of the suit because he did not have the authority to do so. Note, he did not say that Mr. and Mrs. Price had done nothing wrong; merely that I should sue them in court.
At the point the arbitrator made this ruling, we had legal bills that would buy a nice sedan, and were fighting over property worth perhaps $60K. To fly down to Texas for arbitration was another $10K in arbitration plus legal fees (again, just for *our* side, not total), and so we finally got Ann Price to agree to settlement terms, which included returning the remaining copies of Arte Gladiatoria to Luca Porzio or his designate. The attorneys literally negotiated this on the last day before we were on the hook to go to Texas. We notified the arbitrator that a settlement was in process and we were promised the written contract on the following Monday.
Having averted another extensive set of costs, and bought herself some breathing room, Ann Price then did what she and Brian always do - they reneged. Rather than surrender the books and the cash agreement, she attempted to radically change the terms of the settlement to splitting the value of the books after they were sold on remainder. That was the *first* bad-faith agreement. There would be three other back-and-forths in which an agreement was reached only because we made it clear that we intended to go back to arbitration and then, Ann pulled out or refused to sign the agreement drawn up by her own attorney. The final fiasco was a constant insistence that she had never received confirmation from Luca Porzio as to what to do with the books - first by refusing to acknowledge an email sent by him, then miraculously, all of their emails ceased to work, then claiming to have never received his letter.
Finally, an email and registered letter, copying their attorney made that delay unfeasible, so Ann changed the deal, again. She and Brian had decided that they would, under no circumstances allow the remaining copies of Arte Gladiatoria to be any part of a settlement or dispersed in any other way that anyone, including Luca, might direct them so that I received compensation.
At some point, practicality must rear its ugly head. I could not drag this case on, with no clear way to resolve both sets of issues, without accruing thousands of dollars more in court costs, for what the Prices claim was about 80 books. So, I agreed to be separated from the settlement, but at the same time made it clear that I would not be part of the final agreement, nor sign a mutual non-disparagement, etc. Although, I will add that Ann Price tried to hold the settlement hostage to indeed get me to sign that gag agreement. I'll let ya'all be the judge in what my possible motivation or benefit in doing that would be.
(Before people post asking me why I didn't sue the Prices in court, that would be because I have personally already spent more money in legal fees than the remaining product is worth, and as Brian copyrighted but did not fully register my work, the case would be ineligible for punitive damages. Even were that not so, Texas law makes it virtually *impossible* to collect cash settlements if the sued party does not have liquid cash to pay it off immediately. Some free advice: if you want to be screw someone in business, move to Texas. Come to think of it, Brian did say when he moved that it was extremely advantageous to his business to do so. I thought he meant the tax rate.)
So, to be really, really clear: if you buy my book, anywhere, you are only giving money to the Prices - not to me, and I doubt Luca will ever see another dime.
5. So is Chivalry Bookshelf part of Revival Enterprises now, or not?
Great question - one I really wanted an answer to, and one in which I sought a straight answer to from the Adkins at Pennsic.
Here is what I was told directly, by Scott's wife:
• The Adkins bought Revival Enterpises outright from Brian Price;
• Although Ann sometimes provides advice or answers questions, she and Brian are no longer involved in the business in any form;
• They are only selling books via the website, and only the ones that they were told by Brian had no legal issues tied to them.
• The books were being sold as a courtesy to Brian and Ann
We discussed the ownership and explained that if the business were separate than we certainly bore the Adkins no ill will - indeed, we even offered to author a formal statement to that affect, as she was telling us that sales were down from the boycott. It was very positive, very pleasant, and there were hugs all around.
Sadly, I'm now pretty sure it wasn't true. During the conversation, we kept hearing about "well, we figure we'll change the name over the course of three years or so, as we run down product" and "the website domain can't be changed until the contract expires" (anyone ever bought a domain name? If so, does that sound fishy?)
If we start with who owns the website, it is *not* Scott Adkins, it is Brian Price:
http://www.who.is/whois/revival.us/
Note the following:
Expires On April 23, 2017
Registered On April 24, 2002
Updated On February 16, 2011
Brian owns the site until 2017.
Then, as Brian Price himself posts in his updated LinkedIn profile:
Further, I should add that during discovery and investigation pending the arbitration, we could find no records of any sale of inventory, assets, etc between Brian and Ann Price (remember, Revival Enterprises and Chivalry Bookshelf are not corporations, merely D/B/As) and the Adkins. Nothing. So, either:Transitioned the business in 2011 to a silent partnership as my professional interests shifted to the policy/academic realm.
a. no money changed hands and the Adkins are buying the business via sweat equity, which is fine, but directly refutes what I was told to my face - "we bought it outright and Brian and Ann have nothing to do with this business";
b. money changed hands, but it was all under-the-table;
c. there was never a sale.
I have no idea which it is, and I really don't care. I also don't care what Scott Adkins does for a living, but if you go into business with a known thief and fraud, then that is different than buying a business outright. I *do* care that I was lied to, by someone I've never done a thing to, and that at the same time Scott was receiving an accolade for chivalry, he seems to be promulgating the same behavior as another "knight". I know that many people besides myself have asked a direct question about this, and investigation doesn't mirror what we've been told to our face.
The marketplace can make of that whatever they will, but for my part, if your reason for wanting to know is not to put money in Brian Price's hands, I would be very, very leery without some cold, hard proof.
Normally, I would say something pithy here to wrap up this post, but frankly, there's just nothing funny about people who write and pontificate on "chivalry", and name their business "Chivalry Bookshelf" while continuously defrauding "friends" or honest business people. It's best that those sorts of folks are treated to precisely the same mechanism of "renown" of which Brian loved to write: their true natures and colors having been shown, their natures being known, let their names forever be a by-word for "disreputable business", a cautionary tale for all of us, and a reminder of how not to behave for those of us who are ourselves running a small business.
I apologize for the long winded post, but now I've done as I promised I would, and frankly, I would deeply like to never hear the names Brian and Ann Price again. I have always said that the law is not inherently good or moral; rather it exists to compel people to do things, or to hold them accountable for behaviors, that their character should have dictated in the first place. That's why, more than any settlement, I appreciate the words and support of each of you who came to our defense either with evidence of your own - Will McLean/Galleron, Chris Gillman/Gaston, "Lady Charlotte", Doug Strong/Talbot, Sean Garrison/Vitus, Sir Menken - or just to express your support, such as Luca Sogliano, Jeff and Charlotte Johnson, Tasha Kelly, Otto von Teich, Sir Olafr, Cuan and many, many, many others who posted, wrote us privately or have come up to us at Pennsic to say "hang in there". It meant a great, great deal to see how bringing our case before you led to such an up-swell of support in the marketplace, and more than anything, drove this to a resolution.
Best regards,
Gregory Mele
