Chinese wall – Defiantly.net: Legal Case commentaries

January 10, 2015

Is the Dispute Between “Poetic Justice” Author, April Brown and the Dash Poet Truly a “Catfight”?

The heated battle between April Brown, author of “Poetic Justice”, and Linda Ellis, of the infamous “Dash Poem Extortion Scheme” was recently reignited when April went public and began marketing her first book “Poetic Justice: The True Story of The Dash and One Woman’s Quest to End Copyright Extortion and Bullying”. Since January 7, 2015, Ellis has launched two websites (justfreespeech.com and lindalogic.com) in addition to directly confronting on April’s “Get Poetic Justice” Facebook page to deter April Brown from releasing her upcoming book.

April’s dispute with Ellis began in early 2012 when Ellis, without any warning, demanded thousands of dollars through an extortion letter from April for innocently sharing The Dash poem with her readers. Unlike the average cowardly and legally-ignorant Dash Poem extortion victim, April fought back by complaining loudly and publicly. It was one of April’s tweets from early 2012 that brought April and her plight to my attention as founder of ExtortionLetterInfo.com (ELI).

It was when I investigated April’s claims in 2012 did I find out more about the underlying details that most people would not ask for nor would they have access to. Unbeknownst to the public, April and Ellis engaged in heated email arguments where personal insults were traded. Those emails from 2012 have been made available on Greg Troy’s (ELI Team Member) website. Ellis made legal threats against April (which ultimately proved to be a bluff). Ellis contacted April’s husband and her business associates. Ellis also used the Google Adwords program to tarnish April’s online reputation. Understandably, April didn’t take kindly to Ellis’ over-the-top tactics to collect “damages” and it infuriated April more.

In 2012, I launched the Linda Ellis/Linda Lyrics/ Dash Poem Forum that gave April, the ELI Community, and other Dash Poem extortion letter victims an online platform to air their complaints and comments, share stories, and discuss strategies to combat the Dash Poem extortion letters. Unfortunately, this forum is not currently available. It was ordered shut down by an over-reaching stalking protective order issued by a small town judge that did not seem to understand how Section 230 of the CDA and the First Amendment applies to Internet speech. Using a court order to take that forum down upset April, among many others, greatly. (That over-reaching protective is currently under appeal with the Georgia Supreme Court and I expect a ruling within the next few months.)

April’s personal journey from receiving the Dash Poem extortion letter, the personal email arguments, Ellis aggressive tactics of taking down April’s YouTube account, becoming involved with ELI and the Dash Poem forum only to have it taken down by court order, counseling scores of Dash Poem extortion letter victims and listening to their plight, seeing all the victims’ emails received by Ellis’ “copyright henchman” John W. Jolin’s email communications, and watching me get dragged through the legal system and subsequent appeal, became all too much for April to bear and to sit silently. The seeming separate and disparate incidents in April’s life led her to the thought that she wanted to write a book about her personal journey, the legal danger of using the Dash Poem, and the plights and complaints from Dash Poem extortion letter victims.

Similar to myself, April’s personal journey and life experiences are more involved that what the general public knows. Only a small group of April’s supporters and friends know the larger story. Ellis seems to ignorantly believe that April is obsessed with her. Any author who chooses a subject to write and research on would reasonably immerse themselves and deeply research all the information available to them. Celebrity biographer, Kitty Kelly, spends months and years to research her subjects’ backgrounds, conduct personal interviews, compile stories, and organize information for her books. Would anyone consider what Kitty Kelly did for her book “obsessive”? What April is doing is no different except for the fact that April has had direct personal experience with Ellis and that Ellis did make a a personally, intrusive effort against April to collect monies for her extortion letter scheme.

Ellis will likely argue that she is not a public figure or celebrity. However, her poem has become a viral literary phenomenon since the mid-1990’s. And because of this, unsuspecting and well-intended sharers of her poem are, without any warning, being suddenly demanded to pay thousands of dollars of their ignorant, but generally well-intended sharing of the Dash poem. Ellis may not be a public figure, but her “no-warning, pay thousands of dollars for the sharing of a poem” absolutely SCREAMS for public attention and public warning. Hence, April’s very appropriate mantra and rallying cry against the legally-dangerous Dash Poem “BEWARE, DON’T SHARE!”

I explain all of this because April anticipates that the general public will dismiss the heated dispute between April and Ellis (two strong-willed but philosophically-opposite women) as a “catfight”. This heated dispute has both personal and professional dimensions that transcends a stereotypical “catfight” where two women are fighting over a male suitor. If it were only that simple. Philosophically, the two women come from very different life experiences, mindsets, and philosophies. Ellis publicly asserts she doesn’t understand April’s strong ill and hostile feelings towards her for pursuing “damages” from what is “rightfully” hers. The reality is that April’s ill feelings toward Ellis has accumulated over the years. While April has little concern about herself and the extortion letter she received from Ellis in 2012, the onslaught of cries, anger, and complaints from Dash Poem extortion letter victims, Ellis & Jolin’s various tactics to suppress information and victim complaints, efforts to shut down April’s YouTube account, my legal battle against Ellis, in addition to other personal events have greatly influenced April’s decision to publish this book.

Let me be clear, I am a biased party. I make no apologies for it. I am not a 3rd-party reporter but I do have access to information and April that most reporters will never get. I also understand and relate to April in many ways that many don’t. We are both entrepreneurial, passionate, no-nonsense, unconventional, rebellious, independent-minded, and not afraid of “putting it out there” when necessary. The fact of the matter is, at this early stage, no reporter gives a shit about this story because this is a non-story for most of the general public. But the label of “catfight” will inevitably come and this article is my response to that assertion.

I can hear it now, why doesn’t April just “let it go and go on with her life”? I can’t speak for April but I do have insights into her character and personality. Whether you agree with April or not is that her life experiences have shaped her and she has a right to tell her story. She explains some of these experiences in her book. April is an activist. April is a successful charity auctioneer and so it is part of her business to help raise money and become involved with various charities and causes. April has for many years actively operated and managed Whisker City, her Seattle-based, non-profit efforts to care for unwanted cats and kittens. April continues to donate her time to counsel Dash Poem victims. April spends time as an ELI team member supporting me in winning the appeal against Ellis’ to overturn the over-reaching stalking protective order against me. All the while, April manages, markets, and operates her charity auction business.

April has told me she experienced sexism since she was a young woman and has fought hard over the years to gain the position, success, respect, and independence she has today. She has told me she has been a loner many times in her life. Using April’s own words, she “loves” the kinship, camaraderie, intelligence, passion, creativity, and mission of ELI to stop copyright extortion and especially its eclectic members of which I am the “figurehead”. (I really should not claim to be the “leader” as dealing with strong-willed, independent-minded ELI members are like herding cats!) Given the totality of April’s life experiences and her association with ELI members (especially me), it was inevitable the next stage in her personal and professional growth was to become a book author. As an author of several book and audio titles myself, I support her goal to become a book author. Contrary to what some might think, April has aspirations to write other books, not “obsess” over Ellis and the legally-dangerous-to-share Dash poem. This book project is April selecting what she personally knows that others need to be informed and warned about.

What Ellis doesn’t appear to realize is that her and Jolin’s ongoing efforts to heavy-handedly “control” the Dash poem, her critics, extracting disproportionate payments from scores of legally-ignorant victims without any warning for innocent sharing, and initiating legal action against me, Ellis’ has given birth to so much material and stories within April’s book. (As a side note, one day [win, lose, or draw], I plan on writing my own book about the Ellis v. Chan / Chan v. Ellis legal saga.)

Clearly, there are two sides of the story in the heated dispute between April and Ellis. One being told by April and her supporters such as myself and one told by Ellis (who uses a Chinese wall to shield her readership of April’s book). April is determined to tell her side of the story through using a book platform. Understandably, Ellis is unnerved by April’s upcoming book. But Ellis herself has largely created the “monster” that will become the “Poetic Justice” book.

Some might want to label this dispute as a “catfight” between April and Ellis. The truth of the matter is that there is a whole lot more to the story. April is on a mission of personal growth, advocacy, education, and empowerment by publishing her book. What was unexpected is that Ellis would so personally and directly initiate attacks against April’s credibility before reading one word of the new book.

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January 9, 2015

The Courage & Fortitude of April Brown, Author of “Poetic Justice”

It has been totally unexpected that the Dash Poet, Linda Ellis, began her one-woman campaign against April Brown as “warnings” to be cautious in what she writes about Ms. Ellis in the book “Poetic Justice”. It goes without saying that stating opinions, no matter how disagreeable or politically incorrect it might be, is perfectly legal. It is also perfectly appropriate for an author like April to convey stories told to her by other victims of the The Dash Poem Extortion Scheme.

What is interesting is the direct approach Ms. Ellis is taking and the fortitude of April to stand up against her and even ALLOW Ms. Ellis’ outspoken protests, declarations, and veiled threats to release potentially unflattering personal information. Ms. Ellis is well within her rights to publish any unflattering information about April she might have. But April also does not have to allow Ms. Ellis protestations all over April’s websites and social media accounts. April has every right to delete all Ms. Ellis comments and ban her from visiting any of April’s websites and accounts and essentially give her the digital boot out.

What is unusual and courageous is that April appears to be taking a stand and allowing Ms. Ellis to “do her worse”. All the while, April is directly engaging Ms. Ellis. Honestly, I have an online reputation for being controversial, unpleasant, and being a hard-ass but I am not sure I would or could allow an “enemy” into my web space to say whatever they want as April has.

I admire April for taking a strong stand and directly confronting “the enemy” and challenging her to do her worse. April has her supporters and friends. I consider myself one of them. It appears a hornet’s nest has been stirred. The question is whose nest is being stirred here? Is it Ms. Ellis’ or is it April’s nest that is being stirred?

The Dash Poet lives a hypocritical life and actively hides the details of her copyright extortion victims. She pitifully tries to put up a Chinese wall between her poetry marketing business and the highly profitable copyright extortion business. It only works because much of clientele are probably happy to live in la-la land being “inspired” by a woman who actively uses heavily-Photoshopped 15-20 year old photos on her websites. But I digress. I am of the opinion the copyright extortion business is highly lucrative and profitable to be able to support the livelihood of “copyright henchman”, John W. Jolin. Having met and questioned him face-to-face in court, he is definitely not a minimum wage guy. He needs to make more money to sustain his impressively “roundish” physical stature. He is not a dumb guy (mostly).

The Dash Poet delicately informs her “snowflake and butterfly” readership that she is engaging in the legal activity of copyright enforcement. What she doesn’t inform them is that she asks for $7,500 a pop going after churches, non-profits, medical/dental practices, funeral homes, and other organizations that are drawn to the Dash Poem. Nearly everyone I speak to cringes at the notion of paying up to $7,500 for unintentionally infringing on a poem by sharing it. There is a lot of wisdom in April’s mantra “Beware, Don’t Share” especially when it comes to the Dash Poem. To do so, invites too much unpleasantness of dealing with Mr. & Mrs. Shrek (Jolin & Ellis).

Ms. Ellis wants to play dumb and innocent and can’t understand the outrage and disdain April Brown (and many others including myself) finds what she does and asks for extortionate. Let us not forget that John W. Jolin regularly lies on behalf of Ms. Ellis for a living threatening to “escalate” matters in a game of chicken with legally ignorant Dash Poem victims that are already ripe to be victimized because of their innate fear of speaking out and conflict, in general.

April Brown has and continues to do more for Dash Poem Extortion victims working for free than I can ever or be willing to do. I simply find it difficult to respect some of the victims who are too legally ignorant to stand up for themselves and speak out in a country where free speech is a protected right.

Once again, April is doing something I am not sure I could do, go head to head with her “enemy” and letting that enemy sound off on April”s website and social media accounts. I think it takes a good amount of courage and internal fortitude to withstand the presence of an enemy. However, perhaps the true reward for April will come when the Dash Poet meets Streisand and the Dash Poet inadvertently helps promote the very book she wants to prevent from ever being released.

There is no question, the Dash Poet will be among the first customers to buy a copy to find out what has been written about her and what secrets have been uncovered. I have read several drafts and there are good stories to read.

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