I know it's been a while since I've had time to make a state of the LP union address, but I want everyone to know how much we appreciate the emails and continued support and let you know what's going on. The fight is far from over, in fact it is just getting started. The recent ruling in California on the SG model contracts is a huge win but it doesn't have much effect on Philip's Oregon case. We've endured harassment from the owners and attorneys of SuicideGirls for almost two years, the trial finally starts next month in Portland.

Without the help of friends and supporters there's no way we could have come this far. To put things in perspective Philip's bills from attorneys and expenses related to the case were over $7,000 this month alone. The continued sales from prints and shirts have helped so much. We are committed to fighting this to the very end no matter how much it costs. We're posting auctions and new items for sale this week check back soon.

So here's an update on what's been going on in our world:

About two months ago Philip and I traveled to Oregon again at our own expense to endure two days of depositions from SG's attorney, Paul Loving. What that means is we got to sit in a room and get interrogated for two full days at an expense of about $5,000. One day for Philip and one day for me while Paul Loving asked us ridiculous questions like whether or not I thought I was more famous than Jenna Jameson. We were under oath and had to truthfully answer every question asked, from information on my website income to questions about Godsgirls and DeviantNation, whose phone numbers did we know and who on the SG staff has shown any sympathy for our cause. It was a clearly a witch hunt.

The good news is Sean and Missy get their turns at the deposition table this month, though I've heard through the grapevine that Sean can be very forgetful and creative when it comes to legal questioning.

Considering the amount of high profile press inquiries we've received I've stayed relatively quiet through all of this, mostly because I thought it would just make matters worse. But I've recently come to some realizations about the situation. Up to this point we were very hopeful that a counter-suit would be successful or that we would be able to recoup our legal fees when we win.

But we've given up almost all hope of this happening now, SG's lawyers are very skilled at arbitration and you can't just sue someone for suing you. Damages are extremely hard to prove and if they can make a case to show they think they had a reasonable basis for their claims it is very unlikely we'll see a cent returned even if we win. And if we do win SG will likely appeal the decision (even though they promised an apology to Philip if a judge found him in the right) and this appeal will probably drag it out for another year. This was a very depressing and sobering realization.

So why don't we give up and make a deal? Because we believe in karma and that we will prevail. Material things come and go and can be replaced. Maybe we're here in this train wreck for some larger reason. We've turned down their shitty deals before and we're not going to settle now. Maybe if we blow this up big enough and make the world aware of everything that's happening there may be a positive outcome in the end. Please help me spread the word.

We just wanted to be left alone. I've wanted to be done with the site and put it behind me for years but Sean and SG keep haunting me and confronting us and dragging me back into confrontation with them. I didn't want to go to Oregon and waste a week of my life being interrogated but SG dragged me there. I didn't want to get involved in the Godsgirls lawsuit but now SG is trying to drag Philip and I into that to question as witnesses.

Well I'm tired of being harassed and we're at the point where we have very little to lose and everything to gain by blowing this up, so congratulations Sean, I'm calling you out as the one pulling all the strings. SG Services Inc is you it's not "the suicidegirls" you're the one with a grudge and you're the one suing Philip.

...and you're the one that is going to be amazed at how much impact one little girl can make by just telling the truth.


Viva!
Apnea

Apnea's Response to The SG Issue:

SuicideGirls has issued a public statement about Philip and his case in what looks like the start of their campaign of damage control against the bad press they've brought on themselves.

"In the 6 years since starting SuicideGirls we have worked with hundreds of writers, photographers and designers on a freelance basis and have never had a contract dispute with any of them, except for Philip Warner (aka Lithium Picnic.) We have a clearly defined work for hire agreement that spells out both our and our independent contractor's obligations. This is designed to protect the 6 years of work we have put in to creating relationships, proprietary workflow systems and the privacy of our models, which is paramount to us. We believe Mr. Warner violated that agreement. We understand that Mr. Warner believes that he did not violate our contract. We have made attempts to settle this dispute out of court which Mr. Warner has refused."

SG has made no attempt to settle unless they are referring to their demand for $100,000 as an "out of court settlement offer". Sorry - that was not an option.

I'm still trying to understand how they feel my small site and his photography (out of hundreds of contractors supplying content) are such a threat to their empire of books, magazines, DVDs, CDs, televisions shows, performance troups, merchandising, and radio. They have had over 400,000 members. They have over 1,400 models and over 150,000 photos on their site. I'm a single girl in every photo on my site.

His contract had a provision that allowed him to shoot for single girl sites - clear as day in the Queen's English it's been scanned and posted HERE. Don't take my word for it, see for yourself.

They have recently filed additional claims against him and are now going after the profits of my site - profits he never even shared in. This entire thing seems targeted at me as much as him and seems to be very personal.

Philip did not break his contract. Missy lied to him to lure him into signing it with many promises that were soon broken. Missy and Sean have made no attempt to talk to him or resolve any of this we've only gotten demands for money from the SG attorney. Philip's initial emails and IMs to SG went unanswered and Missy even blocked his calm inquiries from two screen names on AIM.

Their claim that sets of nude girls previewed with thumbnails and set previews is 'proprietary" is not only arrogant, it's preposterous. There's no secret proprietary formula - he shoots naked alt girls. Just like he did before SG. And there's half a dozen sites that were doing it before SG.

They go on to say:

"Sometimes in business when there is a dispute that can not be resolved by the two parties, an impartial third party is needed to resolve the dispute. We look forward to the court of Oregon hearing this case over the next few years and eventually coming to a conclusion as to which of us is correct in our assertion."


SG realizes what a drain this has been on Philip and they know how much it's costing - thousands of dollars a month. Their statement that this will draw out for years shows their true spirit about mediation and their intent to draw this out as long as they can. This was clearly said to intimidate Philip and soften him up for a lop-sided settlement offer. What they aren't counting on is the support of our friends and others who are outraged about this case. We will continue to sell everything we have to fight this until the truth is made clear and we are allowed to work without being harrassed.


"We feel we have an obligation to protect our business and our models' private information, including their contact info and personal data. If the court finds that Mr. Warner is in the right we will accept the court's ruling and apologize to him. We are not out to persecute anyone or bar people from making a living at their chosen craft, again we have no doubt Mr. Warner's talent in the world of fetish pornography will ensure him a long and fruitful career."

Protect the SG models? Virtually every SG he's ever shot has a myspace page and a modeling portfolio page, most of them contacted him and half of them still shoot with him.

As soon as he shoots an SG model who is under contract for another SG competitor like GodsGirls or DeviantNation he would immediately be in breach and accountable, but that HAS NOT and IS NOT going to happen. The only cases of breach here are SG's breach of the contract they themselves wrote.

Referring to his work as "Fetish Pornography" is a calculated attempt to defame his reputation with models. His work speaks for itself. It's well known that Philip doesn't shoot real sexual acts or penetration, his body of work is no harder or more pornographic than the SG site. Do I have to remind anyone of Al's "Habit" nun set on the SG site and the cross in her spread labia between the piercings?

Someone needs to remind SG how much money they lost having to pay for Godsgirl's legal fees or going after DeviantNation. I'm amazed the other stakeholders in SG are letting Sean and Paul drive another armored car of money off a cliff. We will win this. We will recoup our legal fees and now expect to recover damages, but there's a long road ahead and we have to find a way to hang in there.

We've only just begun to defend ourselves and spread the word and the truth about things. There's so much more to all of this than most people know. Others are starting to stand up and speak up as well, this is going to get interesting.

Stay Tuned. Spread the Truth.

Apnea