Revenant wrote:Ultimately, it would be for SRD, his lawyer or agent, or publishers (?), to decide if the similarities go beyond the acceptable to such a point that legal actions are to be taken.
This is the key point. Someone would have to actively sue Warden for copyright infringement. To make this worth the time, effort, and money it would cost SRD, his agent, and his publishers to pursue the litigation, they'd have to know that Warden was actually making money off a book.
It all basically comes down to a question of exposure. If
Gideon were to sell more than 5000 copies, it might become an issue. If it doesn't, then it's not worth the cost of the lawyers SRD's publisher would have to pay to pursue the case. I did some research on Warden's publisher: Barbour & Co. are small beans. Their own founder describes them as a
Christian promotional publisher. And, according to
this, they're obviously not reaching a very wide audience. Their average advance is less than $3000. Their sell-through is about equivalent. In other words, they barely sell enough copies of their books to cover the costs of publishing them. Which means they don't sell enough to threaten SRD's sales. Which means they'll probably be ignored.
That's the business side of things--and who knows, the guy could be selling enough of a similar-enough book to make it worth crushing him like a bug. The thing is, the book is not being published for a general trade market; it's being published for a very specific niche by a very small publisher. So from the business perspective, crushing him (should he, indeed, deserve it) probably just isn't worth.
Ethically speaking, however, it seems like the guy's a louse.
Halfway down the stairs Is the stair where I sit. There isn't any other stair quite like it. I'm not at the bottom, I'm not at the top; So this is the stair where I always stop.