Monday, September 16, 2019

Paul Is Dead: "The Memoirs of Billy Shears" Debunked, Part 1


In 2009, The Memoirs of Billy Shears was released. It has been touted as the "PID Bible." However, I did a little bit of research into this admittedly fictional book. Unfortunately, many people seem to mistake it for being factual and even rely on it as an authoritative PID source. It is not. It is a made-up story that uses some real information in it about Paul McCartney's disappearance, which the author gleaned from the PID forums. Its category on amazon.com is Books 
 (please look it up, if you do not believe me). The same holds true for its spin-off, Billy's Back.

A faulse claim is that the author was chosen by Faul (aka "Billy") to write his "true, secret" autobiography. This seems highly unlikely. One reason is the author's lack of business and legal knowledge. Now, why would Faul choose someone who is not very savvy in those areas? Let me explain... 

Below are the business entities the author established, ostensibly to publish his books. This is public information on the Utah.gov website. 

PEPPERS PRESS

Entity Number: 10127351-0151

Company Type: DBA

Address: P O BOX 21 Eureka, UT 84628 

State of Origin: 
Registered Agent: MACCA CORP. 
Registered Agent Address: 
354 S BECK ST P O BOX 21 
Eureka, UT 84628 
View Management Team

Status: Active

Purchase Certificate of Existence
Status: Active  as of 10/12/2016

Renew By: 10/31/2019 

Status Description: Current

The "Current" status represents that a renewal has been filed, within the most recent renewal period, with the Division of Corporations and Commercial Code. 
Employment Verification: Not Registered with Verify Utah

History

View Filed Documents
Registration Date: 10/12/2016
https://secure.utah.gov/bes/details.html?entity=10127351-0151

MACCA CORP.

Entity Number: 10127350-0142

Company Type: Corporation - Domestic - Profit

Address: 354 S BECK ST Eureka, UT 84628 

State of Origin: 
Registered Agent: THOMAS E UHARRIET 
Registered Agent Address: 
354 S BECK ST P O BOX 21 
Eureka, UT 84628 
View Management Team

Status: Expired

Status: Expired  as of 01/30/2018

Status Description: Failure to File Renewal

Employment Verification: Not Registered with Verify Utah

History

View Filed Documents
Registration Date: 10/12/2016

Last Renewed: N/A

Additional Information

NAICS Code: 4221 NAICS Title: 4221-Paper and Paper Product Wholesalers

Doing Business As

PEPPERS PRESS
https://secure.utah.gov/bes/details.html?entity=10127350-0142
The first thing one should notice is that Peppers Press is a DBA - a sole proprietorship. "A sole proprietorship provides zero protection against lawsuits. If your business as a sole proprietorship is sued, all of your business and personal assets can be taken..." [Sole Proprietorship vs. Corporation?] The now defunct Macca Corp was a corporation, and did "provide some protection of personal assets with what is called the corporate veil. The corporate veil is supposed to prevent a creditor from going after personal assets to satisfy a business debt." [Id.] The author decided to let the corporation go - the entity that provided some measure of liability and asset protection - and kept the sole proprietorship instead.  
The Macca corporation was dissolved on 30 January 2018, which was months before Memoirs was re-published (on September 9, 2018). Thus, the re-publication would not be covered under any liability or asset protection. 
Many people point to the fact that the corporation was called "Macca Corp" as some sort of proof that Faul McCartney was involved with the book. However, "If a business name is distinguishable from the other names and trademarks on the records of the Division of Corporations and Commercial Code ("Division"), the Division may authorize the use of the desired name." This is per the Utah Department of Commerce Division of Corporations and Commercial Code, Business Name Conventions and Policiesciting Utah Code Ann. 16-6a-401 (2001), 16-10a-401(2) (2000), 16-11-16(4) (2000), 42-2-6.6(3)(a)(2000), 48-2e-108(4) (2014), 48-3a-108(2) (2014) [LINK]. This basically means that one may name one's company as one wishes, as long as it is not the same as some other company in the state. I am sure there are limitations, such as not being permitted to use curse words. In this case, the author was trying to sell a PID book, so he chose a fitting name for his company. Faul was not involved with the company. Those involved with the company are listed at opercorporates. You will notice that this was a one-man operation, and "McCartney's" name is nowhere to be found: 

Officers for MACCA CORP. (Utah (US))

The next issue that I would like to point out in this business filing is the fact that the author listed the now defunct corporation as the registered agent for the sole proprietorship. Effectively, there is no registered agent. In addition, he gives a PO Box as the registered agent's address. This is not permitted:
Whenever a provision of this chapter other than Subsection 16-17-209(1)(d) requires that a filing state an address, the filing shall state:
(1) an actual street address or rural route box number in this state; and

(2) a mailing address in this state, if different from the address under Subsection (1).
https://le.utah.gov/xcode/Title16/Chapter17/C16-17_1800010118000101.pdf

There is supposed to be a street address so that the registered agent can be personally served by a process server in the event a law suit is initiated.

Many people also point to the inclusion of copyrighted material in Memoirs as some sort of evidence that Faul was involved in the book. It is permitted to include some copyrighted material under the Fair Use Act:

17 U.S. Code § 107.Limitations on exclusive rights: Fair use

... [T]he fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright...

Now, if Memoirs fails to meet the standards of Fair Use, then the author may be open to civil litigation. On the other hand, the copyright holders may not consider it to be worth the hassle. (Anyone who has actually engaged in litigation knows that is is a pain).

Finally, if the author is making claims that Faul was involved in the book to sell more copies, and Faul actually was not, then that may constitute consumer fraud. "The definition for consumer fraud is any instance in which an individual suffers a financial or personal loss because of unfair, deceptive, false, illegitimate or misleading business practices." [Consumer Fraud

As you can see, the "Bible of PID" is nothing more than fan fiction. It is a made-up story cashing in on Paul's death and replacement. It should never be promoted as an historically accurate, factual account of what really happened. Let's keep it real, Folks.  

Please see Part 2.

Legal Disclaimer: None of the information contained on this page constitutes legal advice. 
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