‘The Girls’ … Fact, Fiction, or Cyber-espionage?

Emma Cline’s debut novel, “The Girls” earned her tremendous critical acclaim, a seven figure three-book deal, a potential major motion picture, and a $2 billion lawsuit with her ex, Chaz Reetz-Laoilo. ¹

In November 2017, Boies Schiller Flexner LLP representing Reetz-Laoilo filed a federal suit in California alleging Cline had remotely hacked the computer she had sold him while they were dating to steal his screenplay ideas and rise to fame on the wings of his copyrightable material. ² Cline’s motion to dismiss filed in January 2018 retorts that the “literary building blocks” at issue do not constitute protectable elements under copyright law. ³ In response, Boies Schiller specified that Cline, and her publisher, Penguin Random House, plagiarized a “chronological sequence of scenes, with distinctive phrasing.” ⁴ But Cline argues that Reetz-Laoilo is seeking redress for “unprotectable general ideas,” including how “people talk loudly and laugh when they’re drunk,” which are not covered by copyright law. ⁵

Cline, who was 20 years old when she started dating Reetz-Laoilo, thirteen years her senior, admitted to using the installed spyware, “Refog Keylogger,” on her computer in order to “look into” her suspicions about his infidelity by monitoring his emails and tracking “his activities” before selling the laptop to him. ⁶ But she points to the software company itself disclaiming that the software could not be used remotely, and that once she sold Reetz-Laoilo the laptop it would be “virtually impossible” for her to access his files. Crosby supra. Cline claims that Reetz-Laoilo is veiling his jealousy about her success with a meritless copyright suit wrapped in fantastical accusations. ⁷

In the midst of this dispute about technicalities, disturbing allegations about physical and emotional abuse during the couple’s three-year relationship along with Cline’s allegations that Reetz-Laoilo threated to publicize sexually explicit photographs have emerged. Even the lawyers representing each party are heavily involved in the legal disputes surrounding sexual harassment. Boies Schiller represented and aided Harvey Weinstein with the sexual harassment allegations he faced. ⁸ One of Cline’s lawyers “specializes” in representing victims of sexual harassment and revenge porn. ⁹ Indeed, with her private life now in the public eye, Cline represents several contemporary social and legal issues. Included among them is a copyright question especially relevant for people in close and intimate relationships who frequently share ideas, or can otherwise easily access each other’s drafts and documents. How clear is the line between what is observable, mundane even, and what is literarily unique? Put another way: what’s fact, and what’s fiction? An answer may be forthcoming in the next chapter of Cline and Reetz-Laoilo’s legal battle.