Feud with Lulu.com

Nicky’s ongoing feud with Lulu.com has taken a new turn.  He used to just complain that they closed his account (which really happened for multiple TOS violations over the years, not because he’s “controversial” as he claims), and that they encouraged people to pirate his stuff.  Today, he’s accusing them of uploading his entire catalog to Pirate Bay.

Sounds like Lulu.com really doesn’t give a flying fuck of someone gets plagiarized as I am guessing they did upload my catalog on Pirate Bay.

Evidently, Pirate Bay is back online.  Whether Nicky ever knew it was raided and knocked offline is anyone’s guess.

Stay out of Chicago if you know I am going to be present because I will be beating up your male staff members over this. We will see whose blood will pay for something — you want to have the polite bullshit when you saw me get vulgar with you on the phone.

Classic Nicky, eh?  Sounds like a threat to me.

Drop me a message and you will be given Lulu.com’s phone number as they are dodging questions about allowing my work to be plagiarized and I don’t find this funny one bit that they allowed this.

Yup, he’s been harassing them by phone.  Again.

How the hell can the cunts at Questionable Content justify allowing an Ex-Lulu.com author get plagiarized? They don’t care about the disabiled or veterans; nor they can care less about those who had been with them for years. They don’t listen to their long-timers; seems like they will listen to faceless goons filing a fake DMCA complaint over someone who was with them for years. What I am ready to pull will pale in comparison on July 4, 2014, you want the fuck someone like me over — don’t you realize you fuck with the bull you get the horns.

I’m sure the nice people at Lulu are terrified.  I’m not sure the horn end is what anyone who has to deal with Nicky gets, but anyway.

no-bullshit

I asked them what if my relatives were to get a joint account and allowed me to help them maintain it — would they terminate them too because their last name is Pacione? Way to show Anti-Italianism fucker — you want to really start that game with me playime is over.

He always insists on claiming people hate X group with whom he identifies (Italians, learning disabled, mentally disturbed, etc.), simply because people either ignore him, or laugh at him.

Here’s Nicky’s take on how the phone harassment conversation(s) went down:

  “We will not put up with this phone harassment!”
“Bullshit that’s not harassment it’s called being called on your shit! You enabled my work to be plagiarized — print exclusives this is happening too and my memoir was plagiarized how do you justify this?”
They went into their overly polite dog and pony show when I was getting even more explicit with them and I can tell you I could have a book out of this. If I really churned away at it documenting the nightmare that came in 2008; I wonder if this came from the warning in 2008 saying I fucked up again I would be terminated for good — I didn’t cuss them out back then but it was because of an Ex-Tabloid Purposes author.

He was given a warning back in 2008, yet managed to keep his account until last summer.  He was reported multiple times to Lulu for printing stories without the authors’ knowledge and permission.  He was reported multiple times for libel, and including personal, private information about his perceived rivals in the business.  I’d say Lulu was very lenient with him over the years.  Lulu had no obligation whatsoever to return Nicky’s lost .pdf files to him after they closed his account, yet they did.  No doubt they did so just to get him to stop harassing them, which only proves to Nicky that his bad behavior is effective at getting his demands met.

The whole thing is they will not respond to the Freedom of Information act as there isn’t much elsewhere one can publish as the protests came when I returned to CreateSpace.com from current era members. News travels fast as I have 508 followers now on twitter — someone is listening and tweeting; but with Lulu.com is not responding to the allegations and PR nightmare they had invoked and man it reaped the whirlwind at boot. Is it possible to sue Lulu.com for damages and for a lie they tossed me out on?

The FOIA does not apply to corporate entities.  It’s designed to allow the press and private citizens access to government entity documents.  There is a Federal FOIA, and various states have their own versions of it.  None of them apply to corporate entities or private citizens turning over documents to any yahoo who demands them.  Nicky understands FOIA laws about as well as he does Copyright law, which is to say not at all.

No, he can’t sue Lulu for damages.  He was rightly tossed for violating the TOS.  Further, he’d have to provide a pretty solid estimate of his loss of sales revenue between last summer and now, and back it up with previous sales figures.  Even at triple damages, zero times three equals zero.  No lawyer would take his case on contingency, and he couldn’t afford to pay one to even draw up and file the papers to initiate the suit.

 You fuckers lied to my face with a smile — so you want to point the finger knowing that I can’t go on to back up my roster if they get in trouble. How does it feel knowing you kicked out 200 writers — that alone had me going at you as you faggots care more about an audience who can’t vote.
“We don’t care about the 18-34 demographic we just want a clientel who can’t legally own a debit card.” “Rachel (yes this is one of the Questionable Content’s staff) tell me you cunt; do you even care for those who are no longer around as you pissed on the grave of my roster as two are no longer around!”
“We will not tolerate that language,” they protested.

Lulu lied; people died.  Or something.  Nicky’s rationale:  two authors on his roster have died, and 198 others no longer have their stories available, so Lulu has to take him back.  He always thinks people are pissing on a bazillion others just because they refuse to kowtow to his demands.  Guess what?  It is personal this time.  It nearly always is, because it’s related to Nicky’s behavior, and his alone.  He’s the one who screwed over his authors, not Lulu, although it may well be a blessing they are no longer associated with him.

I guess they would rather see me put a size ten in their office door like what you see with American Chopper as they always had to replace the door because someone is putting cracks in the door.

Nicky has a size 10 foot?  Good god, he’s got awfully big feet for a guy as short as he is.  They’re almost as big as his mouth.

No comment — that is the showdown that unfolded as this became the endgame when it is between me and Lulu.com — this is more or less I will not back down when they sent me my tax information before firing me.

Nicky was never an employee of Lulu, so I highly doubt they sent him a W-2.  Maybe some other statement of earnings, like a 1099, or whatever applies in this case.

… but when you seen me going at Lulu.com — it is an example what happens when you seen someone burn your ass as I asked for her boss.
Basically I was setting up to have that one fired …

Yeah.  Nicky tries to get everyone at whom he’s pissed off fired.  That’s nothing new.  He never succeeds, but he never stops trying.  The recipent of an earful from Nicky always wonders “Who is this asshole?”

I guess it’s time that I had a talk with human relations and PR because this is a PR nightamre they have on their hands — they don’t want me talking to above questionable content; I pissed them off when I was asking for above Questionable Conten as I abtly call them Pig Feces.

Way to win friends and influence people, Nicky.  And you wonder why nobody takes you seriously?  Aside from the fact that nobody can understand a word you say, that is.  Sheesh.

I got about 60% into the entry before I got sick of him repeating himself ad nauseum.  There are some good quotes which have now made it onto my Nitwit Quotes page.  Other than that, it’s the same ol’ same ol’.

10 thoughts on “Feud with Lulu.com

  1. he’s lucky lulu just didn’t give him a polite ‘fuck you asshole’ and claim his files were deleted at the same time his account was gone…which is what I would have done. He doesn’t deserve a damn thing from lulu or anyone else and he sure as hell isn’t entitled to it no matter what he thinks in his single number IQ brain.

  2. Pacione crowed that not only did they return his .pdf files, but also “the original .rtf file I used to create Tabloid Purposes”. Oh holy relic!

    Was it Lulu’s responsibility to maintain file backups for Pacione?

    I worked in Computer Assisted PhotoComposition at a book manufacturer from 1969-2003. Composition maintained text file backups for customers who had contracted archive as a option. Otherwise, as the archive media was recycled, uncontracted backups were usually gone within a year.

    I can understand a Print On Demand POD service keeping PDFs for the duration of their contract with a self-publisher. But do POD contracts include file archive as an obligation? Oh, wait a minute, I do have a copy of Lulu Policy, from when I ordered a book. (dnld 10 Apr 2014, ver. of 13 Feb 2014)

    Lulu purpose: “… We provide the tools for you to publish your work for personal use or for sale and distribution to others….”

    On Termination: “… You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it (including all Content), and/or bar any further access…. [Lulu] shall not be required to make such information or files available to you after any such termination.”

    On Retirement of Content, Termination of Membership, and Data and Content Retention Policies: “… Data retained in backups will be removed only as the backups are purged in the normal course of Lulu’s backup procedures. … Accordingly, Lulu strongly recommends that you do not rely upon Lulu as a storage site for your Content. … ” [emphasized by me]

    Given Pacione’s behavior over the years, Lulu has been generous above and beyond their obligations in returning to Pacione the PDFs and RTFs that HE should have been archiving.

      • It appears to my reading of the policy that upon account termination content is immediately deleted from external access; as the archive backup media are recycled, content will disappear from internal search and recovery. Pacione was lucky to get returned what was returned and he should have been grateful not hateful.

  3. I bought a flash drive for $12 at Dollar General. I also have a free cloud drive for backing up all my books and humongous amounts of data space. This is not rocket science.

    • The 32Gb flash drives are only about $4-5 on eBay anymore, with free shipping, for name brands like Sandisk and HP. Plus, a used 3Tb external hard drive (USB3 connection, although it works with older USBs, too, albeit slower) goes for about $75. 3TB probably is enough capacity to back up everything on both laptops and my ancient tower box.

      Nicky really has no excuse for not backing up his shit. How many flash drives could he buy for the cost of Monika’s kaftan?

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