Nunes VS Rushton Copyright Infringement Case, Rushton’s Apology

Nunes VS Rushton Copyright Infringement Case, Rushton's Apology

The apology letter ordered in the final judgment of the Nunes VS Rushton copyright infringement case was, I felt, the place that Rushton really had the chance to shine. She could have apologized to the bloggers, beta readers, posters on social media, and others she hurt and abused. Sadly, that didn’t happen. When it came right down to it, she didn’t even write the letter or contribute to it in any meaningful way. Because of this, I even debated posting it at all. But I have because my supporters deserve the whole story.

And to the bloggers, beta readers, social media posters, and many others who were hurt please know that I am sorry for what you went through. I appreciate that you stood up for what is right.

Several drafts

My attorney wrote the first draft of the apology letter, I added to it, adding in apologies for other people involved. But my attorney said we couldn’t require an apology to anyone else because I was the only plaintiff in the case, and only Rushton could take the initiative to add in other apologies. So we had to pare it back to only talk about what she did to me.

When we got it back, nearly everything of value in the letter had been taken out except the middle paragraph that begins “Rachel owns a federally registered copyright.” All mention of harassing me with the sock puppet accounts had been removed.

Even more telling, was the added implication that Rushton had only copied “parts” of my book.  It was obvious the apology was an attempt to negate or at least minimize the judge’s ruling that Rushton had stolen my book.

I don’t know why I was surprised. This is exactly the kind of thing her attorney, Brennan Moss, tried to do all throughout the case—hide the truth. Which is sad because if he’d agreed to a settlement three and a half years ago, it would have saved his guilty client an awful lot of money (most of which was paid to him, of course).

“Let’s go to trial”

After seeing the revision, I told my attorney, we’d have to go to trial to determine willfulness after all, because she had stolen my ENTIRE BOOK and plot and was clearly not willing to admit it. I wasn’t going to let that stand. No way. Not after nearly four years  of torture because of her plagiarism.

The final letter

Finally, this came back, which was most of what my attorney had included in the first place.Rushton's apology

It is signed, for whatever that is worth. You decide.

Rachel Ann Nunes
Copyright 2018 Rachel Ann Nunes
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32 Responses to “Nunes VS Rushton Copyright Infringement Case, Rushton’s Apology”

  1. Susan Price

    SO GRATEFUL you can put this behind you, Rachel! You not only won for yourself, but for every legit author out there! Way to fight for what’s right!

    Reply
  2. Lois T. Bartholomew

    Thank you for standing your ground and getting (most) of the apology you deserve. I’ll be checking out some of your other books.

    Reply
    • Rachel Ann Nunes

      Thanks, Lois. Hope you enjoy! The Rachel Branton books are very much like my Rachel Ann Nunes ones.

      Reply
  3. Ruth Ann Lingwall

    I am so happy for you! Congratulations! When I first read about this several years ago it was heartbreaking that you would have to go through all of that. I’m grateful you finally have received some justice. I hope you are feeling better physically and emotionally!

    Reply
  4. Brenda W. Bigbee

    Thank you for basically fighting for all authors. You went through hell to bring this person to justice. I pray the judgement has taught her, and others like her, a lesson.

    Reply
  5. Denise

    Thankfully the apology letter contained Defendant’s whole participation, so others know what to look for. The Defendant should be in jail, IMO.

    And four years is too long when Defendant was clearly at fault in so many ways.

    At least justice was served (to date). Hope you see the $150,000.

    Reply
  6. Sherry Ann Miller

    Rachel, I am so happy this is finally over for you. I have kept you in my prayers these past several years, and consider you a very dear friend, so this plagiarism issue has grieved me as well as you. Thank you for staying the course, for refusing to back down, for being the stalwart and kind woman that you are. Hugs and love, Sherry

    Reply
    • Rachel Ann Nunes

      Thank you, Sherry. I have appreciated your support and the kind words. A lot!

      Reply
  7. Carol Stratton

    I learned of your case from a post from Jennie Hansen, who is my cousin. I love to read and hold authors in high regard, which is why added my support to your cause. In reading the apology I learned of her vicious media attacks on you and am even more joyful that you won the case. Too bad this book thief did not put as much effort into actually writing her own book as she did in stealing yours and then going to the devious lengths to hide her crime.
    I agree that your winning has a benefit for all authors. Congratulations!

    Reply
    • Rachel Ann Nunes

      You make a good point, Carol. So much ingenuity and creativity went in to stealing my book and then hiding the fact. She should have just written her own book! I’m glad I stuck it out, but it has been so hard.

      Reply
  8. Kristy

    Rachel, I am happy for you. However, reading this still makes me sick. My child’s name was used as a sock puppet. Rushton was my child’s second grade teacher. I confronted Rushton about it when I originally discover it, years ago. Naturally, she denied the whole thing. Seeing this letter makes me want to scream. Where’s my apology Mrs. Rushton? You lying piece of . . . How could you? I really would like to have a few words with her, now that it is all over and she has recognized the truth. I just can’t wrap my head around the lack of personal integrity and morals.

    Nevertheless, I’m glad it is over for you. God bless.

    Reply
    • Rachel Ann Nunes

      Hi Kristy,
      I tried adding in apologies for other people involved. But my attorney said we couldn’t require an apology to anyone else because I was the only plaintiff in the case, and only Rushton could take the initiative to add in other apologies. If I had known that at the time of the settlement conference, I might have made a decision to go through with the pain and expense of a trial anyway. As it was, we had to pare it back to only talk about what she did to me. My heart goes out to you and your family. I wish you the best in wherever you go from here.

      Reply
    • Donna mrs.

      What a low life

      Reply
  9. Mariko Hihara

    Dear Rachel,
    I’m so happy to hear that you won and your plagiarist apologized you. I’m Japanese BL writer. I was also stolen my book in web, and it took 3 years that my attoney made her apologize me. My plagiarist also wrote an apology letter to me on the web but she never apologized to another writers; she has been a chronic plagiarist and has stolen from many novels and Manga. So I know how your hearts ached. You are the hero.

    Reply
  10. W.R. Gingell

    So glad to hear this! I hope you can get back into the swing of a much less stressful life =)

    Reply
  11. Laurel Gallegos

    Thank goodness it’s over for you. What an ordeal. I’m glad you pursued it, because it will make others think twice about plagiarism. I taught 7th and 8th grade students how wrong this is. The truth will out, but sometimes it takes a lot of time and money. God bless you. Looking forward to your future books.

    Reply
  12. Sheri Gali

    I am glad this is behind you Rachel…..I Still remember the good old days as neighbors and the start of your career. .. you have come a long ways

    Reply
  13. Stephanie Abney

    Wow! What an ordeal. Glad it is over and that you won the case. You helped many people along the way. I hope she and others have learned a lesson from this. Goodness. Good for you for fighting the good fight, even though it was long, hard, painful and expensive. You are such a hero. Hope things settle down for you. Sending hugs.

    Reply
  14. Tamie Dearen

    This is the first I’ve heard about all this, but I’m so grateful that you stood up for what’s right. I feel like your efforts helped all of us who are legitimate authors. Blessings to you. I’m glad it’s over.

    Reply
  15. Janet Jensen

    Nothing sounds remorseful, I agree. But given 3+ years of childish and hurtful (as well as illegal) behavior on the defendant’s part, it would be surprising to see any evidence of adult behavior. One has to wonder what she gained from this and why she felt it necessary to drag it out, knowing the entire time that she had broken many laws. You have to wonder, also, what harm she has done to her own family. I’m glad for your sake to see it settled, and I hope the weight is lifting from your shoulders. Hugs, Janet

    Reply
  16. Shem Flitton

    You should send out a news release special to the papers that cover this when it first happened. I think plagiarist need to see the publicity of what eventually happens.

    Reply
    • Donna mrs.

      Great idea

      Reply
    • Rachel Ann Nunes

      I did contact the people I knew who ran the initial story, but the Associated Press picked it up the last time and it went far. A news release that goes that far is costly if they don’t pick it up, so hopefully they will want to share the news. Thank you for the comment!

      Reply
  17. Lynn Gardner

    I’m so very grateful this is all finally over for you and so very, very happy you won! It was a major battle for all of us that you undertook! Thank you! Too bad she took the low road and wouldn’t readily admit her guilt. I want to jump up and down and yell Yay!!!

    Reply
  18. Darlene L Young

    Thank you for fighting. Awful situation.

    Reply
  19. Sharon Wood

    Congratulations. I have been keeping tabs in this situation. Im glad that you won. Sorry it took so long. I fear that kind of stuff happening to my books. I Pray that I never have to go through this. It must have been very hard, but Im glad that you held strong and overcame this.

    Reply
  20. Rachel Ann Nunes

    Thank you, everyone for your kind comments! I appreciate the support!

    Reply
  21. Mina Burrows

    I just shared the apology letter and ruling posts you wrote to an author group I belong to on FB. I remember when this issue first started and have been following it since then. Wow! It seems like a lifetime ago, but you did it!

    Congratulations, Rachel. Thank you for fighting the good fight!

    Reply

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