Pixel Scroll 9/23/17 Appertained Horror

(1) APPROACHES TO MILSF. Greg Hullender’s review of “Infinity Wars, edited by Jonathan Strahan” for Rocket Stack Rank includes this analysis:

Make Love not War

The stories take the following attitudes toward the military:

Hate it. Soldiers are doing evil: 7

Despise it. Soldiers are wasting their lives: 3

Admire/respect it. Soldiers are heroes: 5

All of the recommended stories are from the last group, which is a little odd. It’s perfectly possible to write a great story from an anti-military point of view or with an anti-war message (e.g. Catch 22), but that’s not what we find in this volume. Perhaps it’s just a lot easier to write good military SF if you don’t actually hate the military.

(2) I SCREAM. Freddie In Space and artist Frank Browning invite you to cool down with Ben & Jerry’s Horror Movie Ice Cream flavors. There are over two dozen like this –

(3) LET DARKNESS FALL. Coming October 10 at the Arthur C. Clarke Center for Human Imagination:

The recent solar eclipse transfixed the world. People in the path of totality marveled at the corona and how the air temperature dropped briefly and, in some parts of the country, the cicadas began to sing as if it were night. But the eclipse also offers a world of possibilities for scientific discovery. Jay Pasachoff, Field Memorial Professor of Astronomy at Williams College, joins us at the Arthur C. Clarke Center for Human Imagination to discuss his observations of eclipses–66 solar eclipses, including 34 total solar eclipses–and the NSF and National Geographic supported discoveries these have yielded. Dozens of cameras, including a pair of frame-transfer CCDs, were trained on the corona to isolate the specific emissions of 13-times-ionized iron (“the coronal green line”) and 9-times-ionized iron (“the coronal red line”) at high cadence, to attempt to distinguish among models for how the corona is heated to millions of degrees. Dr. Pasachoff will discuss this work and plans for future total, partial, and annular eclipse observations over the next few years, including the 2023 and 2024 American eclipses.

(4) REFORMAUTOMATION. The Babylon Bee promises “New Martin Luther-Shaped Amazon Echo Will Rudely Answer All Your Theology Questions”.

Dubbed the “Amazon Luther,” the new device is programmed to answer all your theology questions in the Reformer’s trademark aggressive tone and style.

An Amazon rep gave a demo at the press conference announcing the device, showing off some of its dynamic responses:

“Luther, can you tell me about the Pope?”

The Pope is a mere tormentor of conscience. The assembly of his greased and religious crew in praying is altogether like the croaking of frogs, which edifies nothing at all.

“Luther, am I a good person?”

You are a sinner, you’re dead, you’re eaten up with corruption. Every free choice of yours is evil and not good.

“Luther, is Joel Osteen a solid preacher?”

Yes, Joel is an excellent person, as skillful, clever, and versed in Holy Scripture as a cow in a walnut tree or a sow on a harp.

(5) DANIEL OBIT. Actress Jennifer Daniel (1936-2017) died August 16. Her film appearances included the Edgar Wallace Mysteries film series, Gideon’s Way and the Hammer horror films The Kiss of the Vampire (1963) and The Reptile (1966).

(6) WE LIVE IN HIS VISION OF THE FUTURE. The New York Times eulogizes architect Gin Wong, who died September 1: “Gin Wong, Who Designed Futuristic Buildings in Los Angeles, Dies at 94”. He put his creative mark on the city with CBS Television City, the Los Angeles International Airport theme building, and his 1960 design of a Union 76 gas station in Beverly Hills:

— that remains one of his most beloved and enduring. With its red, swooping canopy angling toward the sky, the gas station wed the space age to the mundane task of filling up in a city devoted to cars.

Mr. Wong designed the gas station while working for his former teacher and mentor, William L. Pereira, around the time that he was also credited with creating the startling, spider-like Theme Building at the Los Angeles airport. Writing in The Los Angeles Times in 2010, the critic Bob Pool called the building “part spaceship, part flying saucer” and said that Mr. Wong had “set out to create a futuristic building that would both reflect its relationship with aviation and stand the test of time.”

…While running Mr. Pereira’s company in the late 1960s, Mr. Wong oversaw the design of the Transamerica Pyramid, the striking 853-foot-tall building that pierces the sky in San Francisco.

(7) TODAY IN HISTORY

  • September 23, 1846 — Planet Neptune was discovered.
  • September 23, 1962 The Jetsons aired its very first episode.
  • September 23, 1968 Charly premiered in theaters, based on Flowers for Algernon by Daniel Keyes.

(8) SFF MADE IT HAPPEN. Lezli Robyn thanks the sff community for donating to her GoFundMe appeal all the money needed for her eye surgery.

I am feeling so very overwhelmed, happy, and so very thankful. Gofundme donators have now raised the entire $8000 needed for a new and 100% successful cross-linking surgery on my eyes to halt the progression of my Keratoconus !!! I would love to thank my family and friends and the many authors, editors, publishers, artists and readers/fans of the sf/fantasy field for amazingly generous donations made to the surprise fundraiser my boss, Shahid Mahmud (who deserves the most thanks!), created to help me raise the money.

I have so many people to thank. I am especially thankful to the readers who donated—the people who, like me, might not have too much to spare, but still donated anyway. Even one of the first fans of my writing, a voracious reader, donated and left such a lovely message on my fundraiser (I’m looking at you, Jo Van Ekeren) that it moved me to tears.

In fact, I have been brought to tears several times over the amazing outpouring of generosity of the donations and the lovely messages written by those who have shared the fundraiser all over the web. And, let me tell you, it’s quite the bittersweet experience for me when I cry. My tears fill in the thinned parts of my corneas that the Keratoconus has eroded over the years, creating a more even, rounded, surface. So even if it was sadness that had caused my tears, for that split second my vision sharpens I experience a moment of wonder and surprise as I see how beautiful and vibrant the world really is, until gravity or the blink of an eye causes the tears to fall to my cheeks.

So, I thank you for the tears; I thank you for your generosity. I have always maintained that the sf/fantasy community operates a lot like a family. It might be a sometimes dysfunctional and controversial family at times, but it is a field notorious for paying it forward to the younger generation. Well, you guys have paid it forward this month to give me sight, in a field I like to think is full of vision for the future, and I can’t show my appreciation enough. Thank you all, from the bottom of my heart.

(9) LAW LAW LAND. A new legal specialty: “An Accident On The Moon, Young Lawyers To The Rescue”.

…Boggs and her two teammates are the North American finalists for this year’s competition, and next week they’ll go up against teams from South Africa, Greece and India for the big prize.

Each team argues both sides of a case set in the future, in space. This year’s case is, in the broadest terms, about a traffic accident on the moon….

Titan believes that Perovsk’s mining operation is releasing pollution and contaminating experiments, so they send a rover to investigate.

“They collide,” says Boggs. “Now everyone’s upset.”

Perovsk sues Titan over the damaged equipment in the International Court of Justice. Titan accuses Perovsk of breaking the law by polluting the moon. It’s unclear who should pay for what, and why. Rovers don’t carry insurance, and there’s a larger question about who has the right to use, or pollute, the moon in the first place.

Boggs says the case exemplifies one of her favorite things about space law: it’s ambiguous.

“It’s sort of hard not to say anything controversial in space law because everyone has a different opinion about what space law should do,” she explains. Space law is largely based on two treaties, the Outer Space Treaty and the moon Agreement, plus more general international law applied to space. But there’s tension within the treaties about what space should be used for.

(10) IT’S GREAT TO BE A GENIUS, OF COURSE. Brian Niemeier, in “The Convergence of Science Fiction”, joined a YouTuber to share his unique insight into sff history.

YouTuber Max Kolbe recently had me on his show to explain how the SJW convergence of tradpub science fiction happened. Max is particularly interested in the sudden shift from stories that took the Christian worldview for granted to overtly atheistic, anti-religious works. We discussed how John W. Campbell ended the reign of the pulps and how the Futurians fomented a Marxist revolution in SF publishing.

The Futurians? So…. The SJW Convergence happened…before World War 2? Before Heinlein published his first story? Before the invention of the paperback? Not just before TOR books was started, but before Tom Doherty enrolled in kindergarten? Talk about reductio ad absurdum….

(11) IN VINO SFF. Paste says “Final Fantasy 30th Anniversary Commemorative Wine Will Be a Thing”.

We’re used to something like a coin, a keychain or at the very least toilet paper as commemorative items—but Square Enix, along with The Wine House in Los Angeles, are taking the more classy route. The two wines offered will be limited edition, one being “a 2016 Château des Bois red wine with hints of strawberry” called “Ifrit Rouge,” named after the classic fire summon from Final Fantasy. Along with Ifrit Rogue will come its counterpart, “Shiva Blanc” (after an ice summon), “a well-balanced 2015 Château des Bois white wine.”

Both bottles will be adorned with a 30th Anniversary logo, and will be packaged in boxes featuring art of the summons the drinks are named after. Of course, you have to be of the legal drinking age of 21 to order these online, with Ifrit Rogue available online here, and Shiva Blanc here. According to The Wine House’s website, these will ship in the beginning of this November to arrive by the end of that month

(12) CLASSICAL AND NEOCLASSICAL TREK. Alex Zalben watches a succession of Star Trek series pilots/first episodes and tweets his judgments. This pair will get you into the thread.

(13) RECALL BOOK WE WILL. If this Saudi artist is never heard from again, you’ll know why:

A social studies textbook in Saudi Arabia was recalled for including a photo depicting a Star Wars character next to a king.

The black and white photo, by Saudi artist Abdullah Al Shehri, features the small, green Jedi Yoda seated next to King Faisal as he signed the United Nations Charter in San Francisco in 1945.

…Shehri, a 26-year-old artist who goes by the nickname Shaweesh, created the image as part of a series that inserts pop culture characters into historical photos and learned it had turned up in a textbook through a text from his mother.

“I am the one who designed it, but I am not the one who put it in the book,” he told the New York Times.

Shehri said he decided to insert Yoda into the photo because he reminded him of King Faisal and is the same color as the Saudi flag.

“He was wise and was always strong in his speeches,” he said. “So I found that Yoda was the closest character to the king. And also Yoda and his light saber — it’s all green.”

Sure, absolutely, I don’t doubt it for a moment.

(14) THE WAY THE FUTURE WASN’T. Noah Smith in “What We Didn’t Get” in his blog Noahpinion compares the successful predictions of the cyberpunk era to the failures of 1950s sf writers to adequately foresee the future and concludes that the reason Silver Age writers didn’t adequately predict the future was that “we ran out of theoretical physics, and we ran out of energy.”

If you watch Star Trek or Star Wars, or read any of the innumerable space operas of the mid-20th century, they all depend on a bunch of fancy physics. Faster-than-light travel, artificial gravity, force fields of various kinds. In 1960, that sort of prediction might have made sense. Humanity had just experienced one of the most amazing sequences of physics advancements ever. In the space of a few short decades, humankind discovered relativity and quantum mechanics, invented the nuclear bomb and nuclear power, and created the x-ray, the laser, superconductors, radar and the space program. The early 20th century was really a physics bonanza, driven in large part by advances in fundamental theory. And in the 1950s and 1960s, those advances still seemed to be going strong, with the development of quantum field theories. Then it all came to a halt. After the Standard Model was completed in the 1970s, there were no big breakthroughs in fundamental physics.

(15) THE KID WHO NEVER STOPS INVENTING. Well, that kind of negativity won’t fly with Molly!

[Thanks to Martin Morse Wooster, Chip Hitchcock, John King Tarpinian, JJ, Cat Eldridge, and Andrew Porter for some of these stories. Title credit goes to File 770 contributing editor of the day Peer.]

Judge Denies Key Motions for Summary Judgment In Comic-Con Infringement Suit

In his latest rulings on San Diego Comic-Con Inc.’s suit against Salt Lake Comic Con, a federal judge refused to grant summary judgment on the trademark infringement issue because some factual issues can only be resolved by a trial.

However, U.S. District Court Judge Anthony Battaglia did grant several other motions, clearing away some lines of argument, and revealing his thinking about others.

The court observed that the defendant, Salt Lake Comic Con, has introduced evidence that “fluctuates” between two different defense theories, genericness ab initio (that “comic con” was a generic mark before SDCC began using it as a trademark) and genericide (that the term “comic con” has been appropriated by the public, as it has done with aspirin or escalator).

The judge ruled against the Salt Lake Comic Con’s genericness ab initio arguments:

Unfortunately for Defendants, the Ninth Circuit [the controlling circuit Court of Appeals to which this case might be appealed] has not recognized a genericness ab initio theory of defense.

While the judge accepted that there is a genuine issue of material fact as to genericide, he disagreed that Salt Lake Comic Con’s evidence entitled them to judgment as a matter of law.

This conclusion is reinforced by Plaintiff’s submission of its consumer survey that demonstrates that over 80% of consumers believed “Comic-Con” to be a brand name and not a generic name. Accordingly, the Court also DENIES Defendants’ motion for summary judgment based on a theory of genericide.

SLCC is allowed to keep making genericide arguments. However, the judge foreclosed a third line of defense by granting summary judgment that San Diego Comic-Con did not abandon its marks.

Thus, despite Defendants’ attempt to argue abandonment through third party use or failure to police, these arguments are unquestionably meritless as Defendants have not proven that Plaintiff’s mark is generic…. (“Abandonment of a trademark, being in the nature of forfeiture, must be strictly proved.”). Accordingly, Plaintiff’s motion for summary judgment on this factor is GRANTED.

Additional rulings were made about expert witness testimony.

The judge also had sharp words for Salt Lake Comic Con (the Defendants) regarding their attempts to introduce fraud claims against SDCC.

On a final note, the Court articulates that it takes issue with the alleged “undisputed facts” section of Defendants’ motion for summary judgment based on abandonment.

Within this section, Defendants list Plaintiff’s trademarks and then delve into allegations surrounding and Plaintiff’s purportedly “fraudulent registration of the hyphenated form Comic-Con.” …It is unquestionably clear that these arguments are anything but “undisputed facts,” but are actually highly contested allegations.

… Furthermore, the fraud allegations are not only a baseless attack on Plaintiff unsupported by the record, but they are also in complete disregard of the Court’s previous [gag] order.

…Consequently, finding that Defendants have used their motion to improperly inject irrelevant and scandalous allegations into their motion, the Court finds a motion to strike warranted.

The court decision was handed down Tuesday, September 12.

The lawsuit began in 2014, when San Diego Comic-Con sued Salt Lake Comic Con’s organizers, accusing it of violating its copyrights on the term “comic con.”

The latest Salt Lake Comic Con begins September 21.

Pixel Scroll 9/4/17 Little Miss Muffet Sat On A Pixel. Along  Came A Scroll.

(1) YOUR 1962 HUGO WINNERS. The Traveler at Galactic Journey spent Labor Day Weekend in Chicago engaged in fandom’s favorite pastime of complaining about the Hugo winners, like that gosh-darned Heinlein novel, Stranger in a Strange Land: “[Sep. 4, 1962] Differences of opinion (the 1962 Hugo Awards!)”

This line-up shouldn’t shock me, given the pre-convention buzz, and yet it does.  Stranger has gotten a lot of attention, particularly from the mainstream edges of our fandom (probably because it dares to mention sex).  It has also earned its fair share of scorn.  It’s a lousy, preachy book, but if we’re judging by the sales, then it’s won its trophy, fair and square.

He hates Brian Aldiss’ winning works too! (Quick, the fainting cloths!)

I did give a Star to the first story in the Hothouse series, but the quality of the tales went down over the course of the publication.  I understand they were novelized early this year, so Aldiss may get another bite at the apple.  He doesn’t deserve it, though (the reviewer for UK sf digest, New Worlds, agrees with me).

(2) HANDMAID REX. Mari Mancusi saw something strange:

The handmaids were at the DragonCon parade. I’m a little concerned by the look of one of them…

(3) MORE SURPRISES. Here’s Atlanta Loop’s photos of the rest of the parade. Wait a minute – Jane Yolen was there?!?

Literary Guest of Honor and author of “The Devil’s Arithmetic,” Jane Yolen, waves to the crowd as she rides in the annual Dragon Con Parade. Photo: Jonathan Phillips

(4) SORRY, SON. Did you remember Indiana Jones has a son? Me neither. And no need to start remembering — Entertainment Weekly says “Indiana Jones 5 won’t feature Shia LaBeouf’s character”.

Will an Indiana Jones protege soon snatch the iconic wide-brimmed fedora from atop Harrison Ford’s head? Perhaps, but it won’t be Mutt Williams — a.k.a. Indy’s son, Henry Jones III — the character Shia LaBeouf played in 2008’s Kingdom of the Crystal Skull.

“Harrison plays Indiana Jones, that I can certainly say,” screenwriter David Koepp, who has penned a script for the fifth film in the storied Indiana Jones franchise, tells EW. “And the Shia LaBeouf character is not in the film.”

(5) EATING THE FANTASTIC. Scott Edelman invites everyone to “Chow down on Tortellini Carbonara with James Patrick Kelly” in Episode 46 of Eating the Fantastic.

James Patrick Kelly

James Patrick Kelly is a Hugo and Nebula Award-winning writer who recently published a career short story retrospective as part of the Centipede Press Masters of Science Fiction series. And had I not been turned down by the Clarion Science Fiction Writers Workshop in 1974, I might have shared a dorm room with him! (But don’t worry. I was accepted in 1979.)

We discussed the reason he needed to attend the Clarion Science Fiction Workshop twice—and why the rules were then changed so no one could do it again, the suggestion Kate Wilhelm made that saved one of his short stories, why his reaction to comics as a kid was “Marvel, yes, DC, feh,” how the science fiction field survived the Cyberpunk/Humanist wars of the ‘80s, why he takes an expansive view of fanfic, how Cory Doctorow inspired him to enter the world of podcasting early, what allows him and frequent collaborator John Kessel to work together so well, his advice for how writing 10 endings to a story in progress will help writers find the right ending, and more.

(6) GEEKWIRE. Frank Catalano returns with the second podcast in his GeekWire special series on science fiction, pop culture and the arts.

This time, I interview SFWA President Cat Rambo about the new game writer’s Nebula Award, consider the importance of awards in a crowd-sourced recommendation landscape, revisit the Puppies controversy in light of last month’s Hugo results (you’ll recall I wrote about the Puppies for GeekWire two years ago), and get some advice for wanna be writers.

The story (focused on the game writing Nebula) with a link to the full podcast is here: “Game writers to be honored with Nebula Award in first for professional science fiction and fantasy org”.

SFWA President Cat Rambo says the organization began admitting game writers as members last year, and announced a Best Game Writing award category for 2018 to cover works published this year.

“I would think that one of the things a Nebula imprimatur would mean for a game is that it is a game that really has some story to it,” Rambo said. “That it’s a game that can achieve that sort of immersive wonderful experience that only text can bring.”

Rambo, a Seattle writer who is in her second term as SFWA president, sat down with GeekWire for this episode of our new podcast series on science fiction, pop culture, and the arts. Rambo has written more than 200 short stories and been nominated for the Nebula and World Fantasy Awards. Her stories are most recently collected in Neither Here Nor There (Hydra House) and Altered America: Steampunk Stories (Plunkett Press)….

Catalano says, “I have to admit, I’m enjoying mining my science fiction writing background. (And I do provide a full disclosure disclaimer early in the podcast interview that I am a former officer of SFWA, and still-active member.)”

(7) NO BUCK ROGERS, NO BUCKS. The iconic sf character is only making money for lawyers right now: “‘Buck Rogers’ Ownership at Center of Coming Trial”. Two rival estates want those bucks for their own.

The lawsuit is between descendants of author Philip Francis Nowlan, who created the fictional space explorer in the 1920s, and descendants of John Flint Dille, whose newspaper company once syndicated a Buck Rogers comic strip. On Friday, a Pennsylvania federal judge wrote the latest chapter in a long-running contest over rights with a decision that sets up a forthcoming trial over ownership….

“Although the question of whether the commercial success of Buck Rogers owes more to John F. Dille or Philip F. Nowlan is surely of great interest to the parties, and to Buck Rogers fans, it is simply irrelevant to the trademark questions that the trier of fact must answer here,” writes the judge.

The first big trademark question is who had priority on “Buck Rogers.” Who came first to claim “Buck Rogers” as their own? Not Nowlan or Dille, but rather their respective trusts. The Dilles no longer have a valid federal registration, so they must establish prior use of the mark in a way sufficiently public to be identifiable in the minds of the public.

Beetlestone writes that “there is a genuine issue as to whether Plaintiff can establish priority of use in the BUCK ROGERS mark. It must be noted that it is not necessary for Plaintiff to trace its claim to the BUCK ROGERS mark back to John F. Dille or Philip F. Nowlan. Instead, Plaintiff need only point to evidence from which a trier of fact could conclude that it developed trademark rights in the mark prior to January 15, 2009.”

That’s the date the Nowlans filed an intent-to-use trademark application.

The judge notes that the Dilles held registrations on “Buck Rogers” in the 1980s and had licensed those rights for games, comics and books.

(8) CANDID GIZZARD. The BBC reports “Scientists have developed a camera that can see through the human body”.

Scientists have developed a camera that can see through the human body.

The device has been designed to help doctors track medical tools, known as endoscopes, during internal examinations.

Until now, medics have had to rely on expensive scans, such as X-rays, to trace their progress.

The new camera works by detecting light sources inside the body, such as the illuminated tip of the endoscope’s long flexible tube.

(9) BREW HAULER. A true fan: “German waiter smashes beer carrying record – again”. Video at the link.

Oliver Struempfel spent months of training to carry as many full one-litre mugs as possible for a distance of 40m.

(10) TODAY IN HISTORY

  • September 4, 1966 – Gene Roddenberry showed Star Trek’s “Where No Man Has Gone Before” at Tricon, the Worldcon in Cleveland, OH.
  • September 4, 1975 Space:1999 premiered in the U.S.

(11) COMICS SECTION. John King Tarpinian will remember why he recommended this one in a moment: Speedbump.

(12) SECOND VICTIM IDENTIFIED. The Atlanta Journal-Constitution has published the name of the second woman injured by chairs thrown from the Atlanta Marriott early Sunday morning during Dragon Con:

Jamie Temple-Thompson Amador, who was dressed as Jessica Rabbit from the movie “Who Framed Roger Rabbit,” was rushed to Wellstar Atlanta Medical Hospital, friend Jennifer Matteson told The AJC.

Both women have been released from their hospitals.

Mattheson said she and Amador drove from Louisiana for their first Dragon Con.

All in all, Matteson said their experience was still positive from the “phenomenal” hotel hospitality to the community.

“The love and support from the Dragon Con family is heart warming to say the least,” Matteson said. “We can’t wait to return for an even better experience, and reconnect with our new Atlanta family!”

Jamie Temple-Thompson Amador

(13) DRAGON AWARDS. At Women Write About Comics, Doris V. Sutherland says “2017 Dragon Awards Are No Longer Puppy Awards”. My mileage may vary.

Despite its recent vintage, the Dragon Awards already have a rocky history. Last year, the awards largely reflected the tastes of a very specific voting bloc: namely, supporters of the Sad Puppies and Rabid Puppies campaigns that formed to counter perceived left-wing bias at Worldcon’s Hugo Awards.

This led to such ludicrous situations as Brian Niemeier, a Puppy-aligned author, campaigning for his little-known space opera Souldancer to be voted into the Best Horror category for tactical reasons — and winning. L. Jagi Lamplighter, who edited Souldancer and became a finalist this year for her YA novel Rachel and the Many Splendored Dreamlandacknowledged the Puppies’ influence on the Dragon Awards results in 2016: “Puppy fans were eager to vote in a new award and may have been more vigilant than general fans who didn’t necessarily know about the Dragon Awards ahead of time.” Other authors from the Puppysphere, meanwhile, insisted that the Dragons were evidence of their mass popularity with the wider fandom.

However, it seems the farce of the 2016 Dragon Awards can now be consigned to the dustbin of fandom history. The 2017 Dragons have received a much higher turnout of voters and, all in all, they have done a considerably better job of living up to their stated aim of offering “a true reflection of the works that are genuinely most beloved by the core audience.”

This year, the one victory from the Puppy circles was earned by Larry Correia and John Ringo’s Monster Hunter Memoirs: Grunge, which won Best Fantasy Novel. Correia was the founder of the Sad Puppies campaign and is almost certainly the most popular author to be aligned with the movement, so his success here should not come as too much of a surprise.

(14) NIEMEIER ON DRAGON AWARDS. It’s kind of like watching a dog take a victory lap with one leg lifted.

(15) LOOK OUT. Kevin Standlee got splashed – uh, with vitriol, that is: “They Doth Protest Too Much Methinks”.

I (probably unwisely) tried to ask some of the people crowing over how the recent Dragon Awards are the Best Awards Evar and that The Hugo Awards are dead, dead, dead because of course the only Real Awards are the Dragons, etc., asking why they thought an award that allowed someone with a bit of internet savvy the ability to vote potentially hundreds of times was a good thing, and the amount of vitriol sent my way was, well, not surprising, really. I’m sort of wondering if these people simply assume that everything is corrupt and everyone is on the take. They assumed, after all, that the Hugo Award results were rigged by a Secret Cabal. They don’t care of their pet system is rigged or flawed, as long as they Get What They Want. It’s sort of like the people who were quoted as saying they didn’t care if the last American Presidential election was corrupted, because Their Guy Won, and that’s all that matters.

(16) BACK FROM HELSINKI. Susanna Shore adds to the legion of Worldcon 75 reports in “My #worldcon75 experience”:

The first panel was called Bad Romance. I’d chosen it because I write romance and I don’t want to write it badly, but also because Max Gladstone was on it. He doesn’t strike me as a romance writer, but I like his Craft Sequence fantasy series and wanted to hear him. He turned out to be worth the queuing.

The panel had a hiccupy start as the chair didn’t show up, but a member of the audience volunteered to moderate. She turned out to be Julia Rios, who had won a Hugo Award the previous night for Uncanny Magazine and had partied till four in the morning, but she still managed to be a great moderator. Not only did she keep the conversation flowing, she also managed to live tweet the panel. As a whole, the panel was good and funny, though I didn’t learn anything I hadn’t known before.

(17) MARVEL’S INHUMANS. Sneak peek.

[Thanks to JJ, Mark-kitteh, Chip Hitchcock, Andrew Porter, Cat Eldridge, and John King Tarpinian for some of these stories. Title credit goes to File 770 contributing editor of the day Steve Davidson.]

Pixel Scroll 8/19/17 (Isn’t It Good) Norwegian Groot

(1) WHAT A CONCEPT. ScienceFiction.com delivers the news in a very amusing way: “Is Jabba The Hutt In Line For His Own ‘Star Wars’ Anthology Film?”

Look out ’50 Shades’ and ‘Magic Mike’!  Some real sexy is about to hit the big screen!  Namely, a stand-alone ‘Jabba The Hutt’ movie.  Yes, following the now-in-production ‘Han Solo’ film, Disney is in some stage of development on additional films that focus on individual members of the vast ‘Star Wars’ mythology, including Boba Fett, Obi-Wan Kenobi and Yoda.  Now comes word that the space version of ‘The Godfather’ (who is just slightly slimmer than Marlon Brando later in his career) might also get similar treatment.

This news comes from a write-up by Variety about the ‘Obi-Wan Kenobi’ movie and is just casually thrown out…

…As you probably know, Jabba doesn’t speak English.  This is something that helped protect C-3PO who he kept around (and intact) in order to translate for him.  American audiences rarely embrace foreign films.  Does Disney really think The Force is so strong with fans that they will turn out for a movie spoken entirely in a fake alien language?

(2) GALAXY QUEST. A new writer will help the beloved movie resume its trek to TV? Promises, promises!

Amazon’s Galaxy Quest TV revival is back on track. Writer-actor-comedian Paul Scheer of The League has been tapped to pen the script for the Paramount Television-produced series. Scheer takes over for the feature film’s original scribe, Robert Gordon, who was on board to pen the script for the Amazon reboot. The Amazon series is described as a new take on the cult movie that starred Tim Allen, the late Alan Rickman as well as Sigourney Weaver. The original 1999 movie centered on the cast of a since-canceled beloved sci-fi show that was forced to reunite to save the planet after aliens believe their show was real. Plans for the Amazon series were put on hold after Rickman’s passing.

 

(3) ECLIPSE GUILT. You tell ‘em.

(4) HEROIC EFFORT. Hugo administrator Nicholas Whyte has posted packet coordinator Jo Van Ekeren’s deeply interesting “2017 Hugo Voter’s Packet Debrief”. Did we mention, this job is not that easy? Here’s the part about eligibility issues:

Eligibility Issues encountered: after consultation with the Hugo Admins, an explanation was sent to the Finalist of the issue and what the resolution was going to be, and the Finalists were all quite gracious about understanding:

  • Short Form Editor including stories they published but did not edit resolution: they resubmitted a document without those stories
  • Short Form Editor including a short Novel they edited resolution: the Novel was not included in the packet
  • Short Form Editor including an entire issue of a magazine in which they had an editorial published resolution: an extract with only the editorial was included in the packet
  • Professional Artist including two works from an non-eligible publication resolution: these were not included in the packet
  • Campbell Finalist requested inclusion of non-fiction work in the packet resolution: this was not included in the packet
  • Campbell Finalist including a story from a non-eligible market, and a poem resolution: these were not included in the packet
  • Fanzine creating an online web page with links to reviews of 2016 works which included a vast majority of reviews written in 2016, but a handful written in 2015 and 2017 resolution: let them know that I was going to let it slide, but that a future Packet Coordinator might not, and if there had been more of them, I wouldn’t have either, and suggested this might be something they wish to take into consideration in future as far as the timing of posting reviews
  • Explicit Content: The porn novelette was placed inside a subfolder which included “Note – Explicit Content” in the folder name. The Fan Writer whose work included cartoon nudity and explicit verbiage agreed to create an online page on their website, and a document with a link to that webpage was included in the packet (at my recommendation, this URL was added to their robots.txt file, so that it would not be indexed by search engines).
  • Editor Long Form: My original e-mail to the finalists referred to novels edited during the year, and it was called to my attention that the definition actually specifies novel-length works which were published during the eligibility year, and that those works could be either fiction or non-fiction. I sent a revised e-mail to the Editor Long Form Finalists to reflect these changes

(5) CAPTAIN AMERICA’S CREATOR. Mark Peters details “8 Ways Comic Book Legend Jack Kirby Fought Fascism” at Paste.

  1. He Scouted for the Army

When Kirby joined the army, his reputation as the co-creator of Captain America preceded him—but this talent didn’t get him a cushy job, like many luckier writers and artists. Rather, Kirby ended up serving as a scout, a thankless job that involved sneaking into enemy territory and drawing what he saw to help prepare future missions. This was extremely dangerous. As Kirby put it, “If somebody wants to kill you, they make you a scout.” Before setting off for duty, the auteur cranked out an increased flow of comics, stating that he wanted “to get enough work backlogged that I could go into the Army, kill Hitler, and get back before the readers missed us.”…

  1. He Was Ready to Fight Nazis Anywhere

Kirby, who grew up in Manhattan’s rough Lower East Side, knew how to throw a fist and didn’t back down from anyone—especially a Nazi. As Mark Evanier describes in his biography Kirby: King of Comics, “…Jack took a call. A voice on the other end said, ‘There are three of us down here in the lobby. We want to see the guy who does this disgusting comic book and show him what real Nazis would do to his Captain America’. To the horror of others in the office, Kirby rolled up his sleeves and headed downstairs. The callers, however, were gone by the time he arrived.” Based on everything we know about Kirby, these Nazi crank-yankers got lucky.

(6) THE WALKING SUITS. A billion dollars is at stake: “Walking Dead’s Robert Kirkman Joins Lawusit Against AMC”. ComicsBeat has the story.

It’s a giant chess game out there in the entertainment world, with streaming giants and known content producers vying for the upper hand. Mark Millar signing with Netflix and Robert Kirkman going with Amazon made headlines on their own, but a new lawsuit makes the reason for Kirkman’s new home even more apparent.

On August 14, The Walking Dead’s series co-creator Robert Kirkman, joined producers Gale Anne Hurd, Glen Mazzara and David Alpert in a complaint filed against the AMC television network. The complaint alleges breach of contract, tortious interference, and unfair or fraudulent business acts under California business code. The damages being sought could exceed $1 Billion dollars.

Filed at Los Angeles Superior Court, the suit alleges that AMC “exploited their vertically integrated television structure” to keep “the lion’s share of the series’ profits for itself.” The Hollywood Reporter has provided a great breakdown of the major claims in the suit. The complaint alleges the network in effect reduced series profits using various means, thereby diminishing the percent owed to the named plaintiffs. One of the ways this was accomplished, the suit claims, is by AMC Network paying a lower than fair market licence value than the show is worth–a violation of the plaintiff’s signed agreements.

(7) HODGELL. On the Baen Free Radio Hour for August 18, P.C. Hodgell discusses The Gates of Tagmeth, her latest entry in the Kenycyrath Saga high fantasy series; and part thirteen of the complete audiobook serialization of Liaden Universe® novel Alliance of Equals by Sharon Lee and Steve Miller.

(8) TODAY IN HISTORY

  • August 19, 1692 — Five hanged for witchcraft in Salem, Massachusetts
  • August 19, 1983 Yor, the Hunter from the Future premiered

(9) TODAY’S BIRTHDAY BOY

  • August 19, 1921 – Gene Roddenberry

(10) THE COLOR ORANGE.  The Horror Writers Association has opened its Halloween Pumpkin Recipe Contest.

(11) THE COLOR PINK. Safety first! “Bed and breakfast helps chickens cross street with high visibility vests”.

A bed and breakfast in Scotland fitted a group of chickens with high-visibility vests to help them cross a local road.

Glenshieling House shared video Friday of a pair of chickens wearing the bright pink vests as they strolled across the rainy street.

(12) PAINOPISTE. The fans who produced Worldcon 75’s newsletter will be happy to tell you how they did it.

A central feature in the preparation of the newsletter was two parallel concerns: we resolved to make the W75 newsletter as accessible to fans with dyslexia & other reading issues as possible; and we resolved to make the newsletter visually impressive and professional-looking.

The Design AH’s experience with several years of Finncons had led to the emergence of a Finncon “house style,” including preferred typefaces & colors, through which Design sought to present a unified visual identity for W75. Consequently Design was able to provide the newsletter with an adaptable, minimalist & clear template design including a custom masthead and footer. This template was produced using Adobe Indesign and some custom graphics.

For my part, I concentrated on the question of accessibility. Early in this process, I noted that while W75 had agreed to follow the SWFA’s document “Accessibility Checklist for SFWA Spaces,” that document contained no discussion on the question of readability. Discussions between myself, the Design AH, the Design DH, and the Member Services DH Vanessa May, resulted in a number of recommendations which were incorporated into the final W75 newsletter. These recommendations were drawn from a combination of personal experience, systematic reviews in academic literature on readability, the British Dyslexia Association’s Dyslexia Style Guide, and the UK National Union of Students’ Disabled Students’ Campaign’s guidance on accessible printed materials.

(13) PRO TIP. There’s some truth in what she says –

(14) IN THE BEGINNING. James Cooray Smith, in “Starting Star Wars: How George Lucas came to create a galaxy” in New Statesman, has a lot of good information about how Star Wars came to be created, including how the first character Lucas created was Mace Windu and how much of Star Wars was filmed at EMI Elstree because the Harold Wilson government was trying to keep the facility open and one condition of studios filming there was that they had to bring in their own technicians, which suited Lucas fine.

The script development money gave Lucas enough to live on whilst he continued work on the screenplay. As he did so it changed again; a ‘Kiber Crystal’ was written in and then written out. Skywalker became Deak Starkiller’s overweight younger brother before becoming the farm boy familiar from the finished film. Characters swapped names and roles. A new character named Darth Vader – sometimes a rogue Jedi, sometimes a member of the rival ‘Knights of Sith’ – had his role expanded. Some drafts killed him during the explosion of the Death Star, others allowed him to survive; across subsequent drafts his role grew. Some previously major characters disappeared altogether, pushed into a “backstory”, Lucas choosing to develop the practically realisable aspects of his story.

This is an important clarification to the idea that Star Wars was “always” a part of a larger saga, one later incarnated in its sequels and prequels. That’s true, but not in an absolutely literal way. Star Wars itself isn’t an excerpted chunk of a vast plotline, the rest of which was then made over the next few decades. It’s a distillation of as much of a vast, abstract, unfinished epic as could be pitched as a fairly cheap film to be shot using the technology of the mid 1970s. And even then much of the equipment used to make the film would be literally invented by Lucas and his crew during production.

(15) ANALYZING WINNERS. Cora Buhlert has “Some More Words about the 2017 Hugo Awards”.

Last I said in my last Hugo post, I did not expect The Obelisk Gate to win, because it was the second book in a trilogy and those rarely win and also because it was competing in a very strong ballot. In fact, I suspected that All the Birds in the Sky by Charlie Jane Anders would win (which also wasn’t one of my three top picks), since it already won the Nebula and Locus Awards (in the end, it came in second). I’ve been wondering how my predictions for this category could have been so totally off and I suspect that we’re seeing an effect at work here we often see with awards of any kind, from genre awards via general literature prizes to the Oscars, namely that more serious works focussed on serious issues tends to trump lighter works. Now both All the Birds in the Sky and A Closed and Common Orbit are lighter and more hopeful works, even though they do tackle serious issues as well. Coincidentally, A Closed and Common Orbit addresses very similar issues as The Obelisk Gate, namely who is viewed as a person and who is viewed as a thing or tool, but it handles these issues in a very different way. And due to a general bias towards more serious works that can be found in pretty much all awards, a darker book like The Obelisk Gate trumped a lighter and more hopeful treatment of the same theme like A Closed and Common Orbit (or the equally lighter and more hopeful All the Birds in the Sky). It was always pretty obvious that Death’s End and Too Like the Lightning were not going to win, since both were love it or hate it books, which leaves Ninefox Gambit as the other darker and more serious work on the ballot.

(16) THE RETURNS. Steven J. Wright also pores over the order of finish in “Hugo Awards 2017: The Relentless Detail”. For most readers “gone are the days when everyone just voted for Langford and forgot about it” is a lighthearted jape about Best Fanwriter (medic!), while I found it easier to admire this turn of phrase about Best Fancast:

And a big (though genteel) yay from me for Tea and Jeopardy, there, easily my favourite among the podcasts. Not much to say about the vote, except that Ditch Diggers got gradually jostled down into its final place. Next one down the long list is Verity!, which has got to be more fun than The Rageaholic, if only because groin surgery is more fun than The Rageaholic, and yes, I am qualified to make that comparison.

(17) PSYCH. Alexandra Erin did an analysis of how professed beliefs can interact with internal worldviews to lead to apparently contradictory behavior. She used as an example Brad Torgersen and the Hugos. The thread begins here —

(18) DRAGON AWARDS RUNNERS. Rebecca Hill viewed the recording of last year’s Dragon Awards ceremony and noted the names of the organizers are, besides President Pat Henry, David Cody, Bill Fawcett, and Bev Kaodak. Of course, we reported last year that David Cody left a comment on Monster Hunter Nation on a thread, making sure people knew how to register.

(19) BETTER HUMOR. The death of a space-age “treat”: astronauts no longer have to eat freeze-dried ice cream: “The Best Item In An Astronaut’s Care Package? Definitely The Ice Cream”.

We all remember astronaut ice cream, those little dehydrated bricks of neopolitan.

The reason astronauts generally don’t have much access to the real stuff isn’t rocket science, but rather something we’ve all encountered: a lack of freezer space.

What limited refrigeration there is on the space station is given over to blood samples, urine samples, etc. — stuff you don’t really want next to your Moose Tracks.

Unlike previous cargo vehicles used by NASA, the SpaceX Dragon capsule has the ability to return to Earth without burning up on re-entry.

That means it can bring stuff back. The spacecraft is equipped with freezers to transport medical and scientific samples back to Earth. And sometimes, those freezers are empty when they go up to the station — which leaves room for ice cream, Vickie Kloeris, manager of NASA’s Space Food Systems Laboratory, tells NPR.

Before the capsule lifted off atop a Falcon 9 rocket from Florida’s Kennedy Space Center on Monday, she says, NASA’s cold storage team packed it with a sweet array of frozen treats: 30 individual cups of Bluebell ice cream and some Snickers ice cream bars.

(20) HOT TIME IN THE OLD TOWN. NASA attacks a bigger worry than asteroid collisions: “NASA’s ambitious plan to save Earth from a supervolcano”.

There are around 20 known supervolcanoes on Earth, with major eruptions occurring on average once every 100,000 years. One of the greatest threats an eruption may pose is thought to be starvation, with a prolonged volcanic winter potentially prohibiting civilisation from having enough food for the current population. In 2012, the United Nations estimated that food reserves worldwide would last 74 days.

When Nasa scientists came to consider the problem, they found that the most logical solution could simply be to cool a supervolcano down. A volcano the size of Yellowstone is essentially a gigantic heat generator, equivalent to six industrial power plants. Yellowstone currently leaks about 60-70% of the heat coming up from below into the atmosphere, via water which seeps into the magma chamber through cracks. The remainder builds up inside the magma, enabling it to dissolve more and more volatile gases and surrounding rocks. Once this heat reaches a certain threshold, then an explosive eruption is inevitable.

But if more of the heat could be extracted, then the supervolcano would never erupt….

(21) NOW IN SESSION. A Chinese ‘cyber-court’ has been launched for online cases:

The Hangzhou Internet Court opened on Friday and heard its first case – a copyright infringement dispute between an online writer and a web company.

Legal agents in Hangzhou and Beijing accessed the court via their computers and the trial lasted 20 minutes.

The court’s focus will be civil cases, including online shopping disputes.

Judges were sworn in and the first case was presented on a large screen in the courtroom.

(22) BEAGLE SUIT. Cat Eldridge has made the latest filing by Peter S. Beagle’s attorney in his suit against his former manager Connor Cochran available here. The filing includes a brief history of the litigation, including the information that in 2016 the court awarded a firm representing Beagle’s attorney $24,000+ in attorneys fees.

[Thanks to JJ, John King Tarpinian, Chip Hitchcock, Rose Embolism, Martin Morse Wooster, and Cat Eldridge for some of these stories. Title credit goes to File 770 contrbuting editor of the day Daniel Dern.]

Judge Issues Gag Order in Comic Con Suit

Salt Lake Comic Con’s Bryan Brandenburg has worked hard to gain public support for his side in the trademark infringement suit brought by San Diego Comic-Con. He’s been so successful at generating favorable publicity that SDCC’s lawyers asked Judge Anthony Battaglia to impose a gag order on the litigants, which he granted July 18.

San Diego Comic-Con’s request for a protective order played up Brandenburg’s own press coverage claims as a basis for requesting the order:

Since the inception of this dispute, Defendants have brazenly engaged in a strategic public campaign to disparage SDCC and “win this case in the court of public opinion.” Defendants’ public campaign has included statements made in numerous press releases, news articles, on websites and on social media including Facebook and Twitter. Indeed, Defendants boast they have secured more than 200,000 media articles reporting on the case that are “favorable” to Defendants.

Additionally, many of the statements made publicly by Defendants are misleading, prejudicial, inflammatory, or false. These include numerous claims that SDCC lied and/or committed fraud on the government in order to obtain its trademarks.

(Brandenburg’s fraud allegations are covered here.)

The complaint continues:

Defendant Bryan Brandenburg consistently disparages SDCC and/or its board members on social media by suggesting SDCC lies and engages in other unethical behavior.  Brandenburg’s comments are designed to harm SDCC and incite others on social media to engage in disparaging discussions about SDCC. Moreover, Brandenburg’s comments about SDCC almost always relate to this litigation and the suggestion that the dispute is frivolous.  Defendants repeatedly litigate their case by using media outlets to mischaracterize the parties’ positions and taint the public’s perception regarding the issues in dispute in this case.  Defendants’ media campaign is increasing in intensity as this case nears trial.  Defendants’ goal is to win this case by using media outlets to tarnish the reputation of SDCC and taint the jury pool.  As Defendant Bryan Brandenburg stated in one of Defendants’ many press releases, “I am asking for support from the community and all the powers of the Universe to bring victory to us in this case.”

Judge Anthony Battalgia, though motions for summary judgment in the case are still pending, seems to have been swayed by the argument that publicity is tainting the jury pool. The Hollywood Reporter, in “Comic-Con: This Year’s Convention Comes With a Judge’s Gag Order” explains the order, which denies part of the relief requested by SDCC while granting the most important items:

…Battaglia rejects a move to stop Farr and Brandenburg, and those associated with them, from making any false or misleading statement about San Diego Comic-Con or the merits of the dispute. That would be an unconstitutional prior restraint, the judge concludes.

However, accepting evidence that “the venire is being influenced through social media dialogue,” the judge is preventing both sides from making statements accusing, suggesting or implying that San Diego Comic-Con lied or committed fraud. Additionally, the parties aren’t allowed to discuss the alleged genericness of the term “comic con,” how the mark may or may not be descriptive, and whether San Diego Comic-Con abandoned its trademark rights.

The parties are being allowed to post court papers, but only in full and without further comment. The judge is also warning that violation of the order will warrant strong sanctions.

There’s a livelier article at Techdirt, “San Diego Comic Con Gets Gag Order On Salt Lake Comic Con”, where the writers are still pissed that SDCC subpoenaed them in 2015 about their coverage of the suit:

You can read the demand for a protective order here or below, and if I had to summarize it, it’s basically: “it’s no fair that Salt Lake Comic Con is getting good press coverage and we’re being mocked, so the court should silence them.” I read through the document and I kept expecting more… and… that’s really it. They literally complain that they’re losing in “the court of public opinion” and argue that it’s somehow unfair that one side is talking about this case publicly and they should be barred from any further conversation. And, it gives some more context to the paranoid view that was clear in the subpoena we received: SDCC and/or its lawyers are so focused on the negative press coverage that they seem to assume that something more nefarious is going on… beyond the basic likelihood that lots of people think this lawsuit is over-aggressive bullying by SDCC.

And about the gag order itself, Techdirt’s Mike Masnick says:

I have trouble seeing how the first two are unconstitutional prior restraint, but the rest are allowed to be gagged — especially something as mundane as discussing whether comic con is generic or descriptive. But, really, since the court apparently doesn’t want anyone discussing that kind of thing, perhaps go ahead and have a discussion in the comments about that very question. And, in case SDCC’s high priced lawyers are looking at this yet again, I’ll remind you once again that we have no relationship of any kind with the organizers of the Salt Lake City event. We just don’t like big bullies silencing people or filing questionable lawsuits.

Bryan Brandenburg’s only public statement since the order has been to make the announcement ordered by the court. He told Facebook followers:

United States District Judge Anthony J. Battaglia of the United Stated District Court for the Southern District of California has ordered that no editorial comments, opinions, or conclusions about San Diego Comic Convention v. Dan Farr Productions, LLC, et al., No. 14-cv-1865 AJB (JMA) (S.D. Cal.), be made on social media, and that no highlights or summaries of the status of the proceedings or the evidence presented be made on social media.

Naturally, fans like Chris Hamatake were quick to observe:

But there’s no restriction on fans commenting or expressing opinions, right? As I’m not part of the litigation process, I don’t see that anything posted by fans could affect the legal process either way…

Brandenburg laconically agreed, “No,” and his Facebook commenters immediately resumed their vocal support for SLCC.

[Via Petréa Mitchell.]

Authors Guild and SFWA Reach Agreement with Galaktika Magazine on Infringement Claims

The Authors Guild and Science Fiction & Fantasy Writers of America (SFWA) announced today that they collaboratively reached an agreement with a Hungarian science fiction magazine, Galaktika, which for years had been reprinting stories of American and British science fiction writers without their permission. Under the terms of the agreement, Metropolis Media, Galaktika’s publisher, promised to seek permission for any works they use in the future and to compensate the authors whose works were published without permission. Galaktika has agreed to pay each author whose work it infringed fair compensation, with the fee to be negotiated on a case-by-case basis. (Please refer to the end of this post for more information about how to contact Galaktika.)

The agreement comes as a result of efforts by the Guild, SFWA, literary agents, and authors to hold Galaktika’s publisher accountable for reproducing copyrighted works in print and online issues of the magazine in violation of the authors’ rights. The organizations became involved last fall after literary agent/lawyer Jonathan Lyons (a member of the Authors Guild) brought it to the Guild’s attention. “After we realized the extent of the problem,” said Authors Guild executive director Mary Rasenberger, “it quickly became clear that a collective response from the author community was needed to fully address the problem. The Authors Guild exists to take action in situations like this.” SFWA had already been working to resolve members’ claims through its Grievance Committee, but realized that a joint effort by both organizations was more likely to yield results for all affected authors.

Pursuant to the agreement, Metropolis provided the Guild and SFWA with a list of all unauthorized stories that appeared in Galaktika’s past issues. It also confirmed its commitment to seek permission before publishing copyrighted works in the future and to remove all infringing works from their online media. Most importantly, the agreement legally obligates Metropolis to offer a reasonable fee for each infringed work, to be agreed in good faith individually with those authors whose works were infringed in Galaktika. The agreement does not settle any author’s particular claims, but sets a benchmark for transparency and gives individual authors leverage in pursuing their claims. Moreover, Metropolis Media will not be released from the claims of infringement that the Authors Guild and SFWA might bring until all of the authors’ individual claims have been settled to the Guild’s and SFWA’s reasonable satisfaction. To that end, SFWA will be publicizing the list of authors and estates that are owed money and contacting them individually when possible.

“Metropolis Media was an open and attentive negotiating partner,” said Rasenberger. “We’re confident that it will address individual claims honestly and in good faith. While ignorance of the law is not an excuse, Metropolis’s willingness to compensate the authors whose rights were violated and to respect authors’ rights going forward is a step in the right direction. The Authors Guild will keep an eye on Metropolis Media to ensure that it abides by the terms of the agreement and fairly treats authors whose works they have used and will use in the future.” SFWA, whose connections in the science fiction and fantasy community run very deep, will also be monitoring Metropolis’s commitment to negotiate in good faith.

Cat Rambo, President of SFWA, added, “In today’s complex publishing world, the writers often get overlooked. SFWA is pleased to be working with the Authors Guild in order to represent the interests of writers and defending their rights.”

Authors (or agents representing authors) whose works have been infringed in Galaktika may contact Dr. Katalin Mund with their claims. She can be reached at mund.katalin@gmail.com. Authors Guild members can also contact the Authors Guild at staff@authorsguild.org for help negotiating their settlements. SFWA members who believe that Galaktika is not living up to this agreement should contact John E. Johnston III at griefcom@sfwa.org.

SDCC and SLCC Ask Judge To Decide Comic Con Mark Litigation

San Diego Comic-Con International has been trying control the term “Comic-Con” term for decades. In August 2014 they filed suit in U.S. District Court against the owners of the Salt Lake City Comic Con claiming the name of Salt Lake City’s event is too similar. The San Diego con claimed SLCC had piggybacked on its “creativity, ingenuity, and hard work,” and by using the Comic Con name “intended to suggest, mislead and confuse consumers into believing that the Salt Lake Comic Con convention is associated with, authorized by, endorsed by or sponsored by SDCC.”

The judge, as is commonly done, prodded SDCC and SLCC to have settlement discussions and resolve the case without trial. This month the Salt Lake City defendants (which includes Dan Farr Productions [DFP], and Dan Farr and Bryan Brandenburg as individuals) traveled to San Diego to give depositions leading up to a final settlement conference. SLCC’s Bryan Brandenburg subsequently told the Associated Press there was no compromise forthcoming from court-mandated conference. SDCC says they’ll only accept SLCC licensing the name “comic con” for a fee. Read “substantial fee.”

The AP reports that San Diego Comic-Con declined specific comment on the case, though they said Utah organizers’ position is “without merit.”

Salt Lake City Comic Con has now moved for summary judgment, calling on the court to render a decision on the existing record. SLCC’s primary argument is that SDCC has no rights to the generic term “comic con.” And if that’s not enough, mark history shows SDCC abandoned efforts to register “Comic Con” in favor of the hyphenated name “Comic-Con” and since SLCC does not use the hyphenated term in its name there is no infringement.

If summary judgment is not granted, or does not resolve all issues (as happened when a court issued a decision in the Dr. Seuss/ComicMix suit) the case could go to trial in the fall.

Brandenburg has continually appealed to the public, colorfully asking for “support from the community and all the powers of the Universe to bring victory to us in this case.” Three weeks ago he posted on Facebook the arguments in his defense; he asserts that the facts therein “are undisputed.”

1) Comic-Con International does not have a trademark for “Comic Con”. They tried to get it in 1996 but Chicago Comicon and Motor City Comic Con opposed the trademark and San Diego abandoned it. https://goo.gl/QXXSul Here is the DEAD trademark https://goo.gl/nWcByy

2) San Diego did not originate the name “comic con”. By the 1960’s, American (and British) comic book collectors were gathering for events that they called comicons, comic cons, comic conventions. In 1966, three comic cons were held in New York City alone, where comics originated. It wasn’t until 1970 that the Golden State Comic Book Convention was organized…and it wasn’t until later that it was called Comic-Con International.

3) In the 1990’s, SDCC had decided it should OWN the generic cultural terminology and began to process a series of applications for register marks but claimed they used the phrase and mark “exclusively” according to trademark applications. This was a false claim that was made on their trademark applications as there were many comic cons by this time and they did not originate the term.

4) Comic-Con, “Comic Con” and “Comic-Con” are generic and the trademark office should revoke SDCC’s trademarks not only because they are used generically in popular culture, but because their trademarks were obtained by falsely claiming exclusive use of the marks. They are generic because these terms identify a type of event, not any particular event or producer.

5) Furthermore, SDCC abandoned any rights it might have had by granting a naked license to at least one major comic con event. This means the license did not have sufficient oversight or controls. They also did not police said trademarks between 1995 and 2014 with comic cons all over the country that were non-affiliated and non-licensed.

6) “Comic Con” is not only generic in fact and by abandoned trademark application, but when Salt Lake Comic Con applied for the trademark for “Salt Lake Comic Con”, the attorneys at the TRADEMARK OFFICE RULED that a trademark could not be obtained because both “Salt Lake” and “Comic Con” were descriptive.

7) Salt Lake Comic Con has never used “Comic-Con” to describe it’s convention, but that doesn’t matter because many events around the country and the world use “comic-con” as part of their name and until SDCC filed their lawsuit in 2014 against SLCC they did NOT make most if not all of the comic-cons change their name, sign a license agreement or adhere to any type of standards or oversight. When they were forced to abandon the trademark for “comic con”, they then secured “comic-con” and have used it from that point forward.

8) “Comic Con” is generic and unprotectable. “Comic Con” simply denotes a comic con. Comic con is a noun indicating what an event is, not whose event it is. Even Wikipedia states “Comic con is any comic book convention.”

9) Salt Lake Comic Con relied on the fact that the “comic con” trademark was abandoned combined with the fact that every comic con outside of SDCC we talked with had no agreement with SDCC and asserted that “comic con” was generic.

10) SDCC’s trademarks should be canceled because they did not originate the term “comic con” AND they obtained them by falsely claiming exclusive use.

He has also made available redacted copies of SLCC’s latest court filings.

While litigation is always emotional, some say what really got SDCC’S goat was having the Salt Lake Comic Con’s garish “Tony Stark”-like Audi driving around downtown San Diego during their Comic-Con in 2014. The suit was filed a month later.

[Thanks to Dave Doering and Kate Hatcher for the story.]

ComicMix Gains Partial Victory in Dr. Seuss Lawsuit Over Literary Mash-Up

Last November, during a Kickstarter campaign to fund Oh, The Places You’ll Boldly Go!, featuring the writing of David Gerrold, the art of Ty Templeton, and the editorial skills of ComicMix’s Glenn Hauman, Dr. Seuss Enterprises (DSE) filed suit for damages claiming the project infringed their copyright and trademark on Dr. Seuss’ Oh the Places You’ll Go!

ComicMix LLC moved to dismiss the lawsuit, and the motion was partially granted on June 9. U.S. District Court Judge Janis L. Sammartino dismissed the trademark infringement claims, but allowed the copyright claim to proceed, awaiting proof of any harm to the Dr. Seuss estate’s licensing opportunities. The estate has been given two weeks to amend its copyright infringement claims.

As ComicMix reports:

Judge Sammartino found that the book is “a highly transformative work that takes no more than necessary [from Dr. Seuss’s books] to accomplish its transformative purpose and will not impinge on the original market for Plaintiff’s underlying work” She emphasized that the case has broader significance: “…This case presents an important question regarding the emerging ‘mash-up’ culture where artists combine two independent works in a new and unique way. … Applying the fair use factors in the manner Plaintiff outlines would almost always preclude a finding of fair use under these circumstances. However, if fair use was not viable in a case such as this, an entire body of highly creative work would be effectively foreclosed.”

The court decision also explained why it rejected the motion to dismiss the copyright infringement claim.

In codifying the fair use doctrine, Congress set forth four non-exclusive factors for courts to consider in evaluating whether a particular use of a copyrighted work is fair:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.

…As it stands in this case, factors one and four — which “…have ‘dominated the case law’ and are generally viewed as the most important factors[,] …currently stand in equipoise. Factor two weighs slightly in favor of Plaintiff [DSE], and factor three is neutral. And although it would appear that the purposes of copyright favor Defendants [ComicMix, et al], that determination is also a close and unsettled call. Ultimately, given the procedural posture of this motion and near-perfect balancing of the factors, the Court DENIES Defendants’ Motion to Dismiss. Specifically, without relevant evidence regarding factor four the Court concludes that Defendants’ fair use defense currently fails as a matter of law.

Doctor Seuss Enterprises has until June 23 to present evidence about the effect on the market for the work whose copyright is allegedly infringed.

Court Delivers Another Setback to Axanar

star_trek_axanar_u_s_s_korolev_wallpaper_2_by_stourangeau-d6thmbiU.S. District Court Judge R. Gary Klausner on January 3 denied the motions for summary judgment by defendant Alec Peters of Axanar and plaintiffs CBS/Paramount, saying the issue of “subjective substantial similarity” needs to be decided by a jury. However, the judge ruled that the Axanar production company can’t claim fair use, and that there is an “objective substantial similarity” between the Axanar works and the studios’ copyrighted Star Trek works.

(Read the full decision here.)

Applying the law’s four-factor test, the court rejected Axanar’s claim that material it has drawn from the Star Trek universe is protected by the fair use doctrine. (Citations omitted.)

1. Purpose and Character of the Infringing Use

The first factor is “the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.” 17 U.S.C. § 107(1). This factor asks “whether and to what extent the new work is transformative,” in other words, whether the new work “adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message,” or merely “supplant[s] the original.”

Defendants intentionally use or reference many elements similar to those in the Star Trek Copyrighted Works to stay true to Star Trek canon down to excruciating details. Viewed as a whole, the Axanar Works do not have “a further purpose or different character, altering the [Star Trek Copyrighted Works] with new expression, meaning, or message.”

On the other hand, Defendants want the Axanar Works to supplant the Star Trek Copyrighted Works. Peters “was interested in creating alternative ways for fans to view Star Trek.” He wanted to create “a whole new way that fans can get the content they want, by funding it themselves.” The Axanar Works are not transformative.

But the inquiry does not end here. An integral part of the first factor is determining “whether [the infringing] use is of a commercial nature or is for nonprofit educational purposes.” 17 U.S.C. § 107(1)

…Here, it is undisputed that the Defendants did not pay Plaintiffs for a license.

It is undisputed that Peters hoped to derive non-monetary benefits, for example, other job opportunities, from the Axanar Works…. The Axanar Works are commercial.

Defendants argue that the Axanar Works are not commercial because they are, and will be, distributed for free. This argument is unpersuasive because, even though Defendants do not profit directly from distributing the works, “common experience suggests that [Defendants] stood to gain at least indirect commercial benefit from the [viewership] boost which [they] had reason to hope would (and in fact did) result from the” Axanar Works. The successful fundraising campaign leveraging the popularity of Prelude is an example of such indirect benefit.

Defendants also argue that the Axanar Works are transformative because they are mockumentaries – fictions presented in a documentary form – a form of parody according to Wikipedia. For the purposes of copyright law, however, parody must use some elements of a prior work to create a new work that criticizes the substance or style of the prior work.…

Here, the Court has difficulty discerning from the Axanar Works any criticism of the Star Trek Copyrighted Works. This is not surprising since Defendants set out to create films that stay faithful to the Star Trek canon and appeal to Star Trek fans.

Thus, the Court finds that the first factor weighs in favor of Plaintiffs.

2. Nature of Copyrighted Work

The second factor, “the nature of the copyrighted work,” also weighs in favor of Plaintiffs. …The creativity in these Works and their status as published works are not disputed. They are the type of works that are given broad copyright protections.

3. Amount and Substantiality of the Portion Used

The third factor is “the amount and substantiality of the portion used in relation to the copyrighted work as a whole.” 17 U.S.C. § 107(3).

While it is difficult to quantify the amount of the portion used in relation to the Star Trek Copyrighted Works as a whole since “the portion” involves many recurring elements in the Star Trek universe and the Star Trek Copyrighted Works are numerous, it is fair to say that elements of the Star Trek Copyrighted Works pervade the Axanar Works. For example, every scene involving a Klingon or a Vulcan can conjure up Star Trek in the minds of fans. The same is true of Federation spaceships, Klingon battlecruisers, transporters, phasers, and so on. The elements from the Star Trek Copyrighted Works that Defendants use are qualitatively important because they give the Axanar Works the Star Trek feel and enable Defendants to stay true to the Star Trek canon. Thus, the third factor weighs in favor of Plaintiffs as well.

4. Effect of the Use upon the Potential Market

The fourth factor is “the effect of the use upon the potential market for or value of the copyrighted work.” 17 U.S.C. § 107(4).

Here, the prequel depicted in the Axanar Works is the kind of potential derivatives Plaintiffs “would in general develop or license others to develop.” Id. Plaintiffs have already developed a 2003 novel and licensed a role-playing game based at least in part on Garth of Izar and the Battle of Axanar from one episode of The Original Series….

Defendants’ attempt to treat the Battle of Axanar as a private little war is unpersuasive.

Defendants further argue that there is no evidence that the Axanar Works have acted as market substitutes to the Star Trek Copyrighted Works. However, this lack of evidence is understandable given the nature of the existing Axanar Works. Prelude is intended as a promotional piece to the feature-length Axanar Motion Picture. Prelude in that sense cannot be a market substitute of Star Trek television series or motion pictures, just as a trailer does not substitute for a feature-length film. The Axanar Motion Picture has not yet been made or released and its script is not yet released. Hence it cannot have any market impact. On the other hand, Defendants have successfully raised over a million dollars from Star Trek fans at Defendants’ prompting of funding the Axanar projects instead of “dumping hundreds or thousands of dollars a year on . . . cable channels” on which the Star Trek Copyrighted Works are shown. Peters “was interested in creating alternative ways for fans to view Star Trek” – the way to Eden perhaps. He wanted to create “a whole new way that fans can get the content they want, by funding it themselves.” Defendants used “a fully-professional crew – many of whom have worked on Star Trek itself – [to] ensure Axanar will be the quality of Star Trek that all fans want to see.” Peters also sought to distribute the Axanar Works on Netflix.… Defendants promoted an August 2015 draft of the script “the best Star Trek movie script ever!” on their Facebook page. Under these facts, Defendants evidently intend for their work to effectively function as a market substitution to the Star Trek Copyrighted Works. There is little doubt that “unrestricted and widespread conduct of the sort engaged in by [Defendants] would result in a substantially adverse impact [of market substitution] for the [Star Trek Copyrighted Works].”

…Thus, the Court finds that the fourth factor also weighs in favor of Plaintiffs.

Alec Peters as Axanar's Garth of Izar .

Alec Peters as Axanar’s Garth of Izar .

Defendant Alec Peters has released an official response to the decision:

This morning, Judge Klausner made a ruling that the case will go to Jury Trial to determine if Axanar is “substantially similar” to the CBS copyrighted works. If it is, then the jury will have to find if the infringement is “willful” or “non-willful”, and Judge Klausner already stated that “Peters’ actions demonstrate a respect for Plaintiffs’ intellectual property that makes a finding of willfulness on summary judgement inappropriate.” If the jury does not find “substantial similarity” then the case will be dismissed.

Depending on the outcome of the trial, Axanar may choose to appeal the verdict to the Ninth Circuit, where Erin Ranahan is 5-0. The Ninth Circuit Court of Appeals is also known to favor artist rights.

So the story of Axanar continues…

More Reading: Carlos Pedraza of Axamonitor ends his excellent post about the decision by identifying all the judge’s subtle Star Trek quotes and references.

ComicMix Moves For Dismissal of Seuss Lawsuit

oh-the-places-youll-boldly-go

File 770 reported in September a crowdsourced appeal for funds to publish Oh, The Places You’ll Boldly Go!, featuring the writing of David Gerrold, the art of Ty Templeton, and the editorial skills of ComicMix’s Glenn Hauman.

While the Kickstarter was in progress, Dr. Seuss Enterprises (DSE) objected, claiming that the project infringed their copyright on Dr. Seuss’ Oh the Places You’ll Go! They filed suit for damages on November 10 in Dr. Seuss Enterprises vs. David Gerrold, et al.

Now ComicMix’s Haumann reports his attorneys have filed a motion to dismiss the Dr. Seuss lawsuit on the grounds that Oh, The Places You’ll Boldly Go! constitutes fair use of any elements of Dr. Seuss books protected by copyright or trademark law.

A GeekNation article by Michael Hinman summarizes the contacts between DSE and ComicMix prior to the lawsuit:

Even at the start of the campaign, ComicMix acknowledged there could be problems moving forward with the book project, telling potential donors “there may be some people who believe that this might be in violation of their intellectual property rights. And we may have to spend time and money proving it to people in black robes. And we may even lose that.”

Just before the crowdfunding campaign was completed, raising nearly $30,000, Dr. Seuss Enterprises made a copyright claim to Kickstarter, forcing the company to remove the campaign and freeze the funds. That prompted an angry letter from ComicMix attorney Booth just before Halloween.

In that letter, Booth demanded the Seuss people to reinstate the campaign, especially since Kansas City-based Andrews McMeel Publishing had agreed to publish the book, and rush it for a Christmas release.

“Also anticipating Christmas sales, one vendor ordered 5,000 copies of the book as long as printing and shipping are completed by Nov. 11, but ComicMix expects to lose that order because, thanks to your notice, Kickstarter is withholding all $29,575 that the campaign raised, so ComicMix cannot use that money to cover the printing costs as intended.”

ComicMix’s response to the suit and its motion to dismiss are analyzed by Janet Gershen-Siegel at Semantic Shenanigans (“Seuss v. Gerrold, et al – Getting the Ball Rolling”). Her post includes links to copies of all the defense’s filings.

The Memo of Points and Authorities filed with the court outlines the defense’s arguments for dismissal. Here are two excerpts illustrating their main justifications. The memo itself also contains highly-detailed narrative comparisons showing the differences between the original work and ComicMix’s takeoff.

Introduction: Oh, the Uses Seuss Sues!

Defendant ComicMix LLC (“ComicMix”) respectfully moves the Court for an order dismissing this matter for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6), on the grounds that ComicMix’s allegedly infringing book constitutes fair use of any elements of Dr. Seuss books protected by copyright or trademark law.

This case presents a simple question: May an author’s estate use the courts to stymie publication of a book that makes critical, parodic use of the author’s books? On the facts alleged, the answer must be no. The Copyright Act, the Lanham Act and the First Amendment fully protect ComicMix’s right to comment and build on Dr. Seuss’ works. The law does not place his beloved books above parody, beyond critical commentary, or past the reach of cultural transformation and nominative use….

Copyright law limits the scope of DSE’s claims.

DSE alleges that Boldly infringes its copyrights to Go!’s title, “story arc,” and characters and illustrations from Go!, Horton Hears a Who, How the Grinch Stole Christmas! (“Grinch”), The Lorax, and The Sneetches and Other Stories. Doc. 1 ¶ 26. Yet copyright covers few of those elements, and Boldly infringes none….

DSE declines to identify any such well-delineated character, leaving its allegation of character “misappropriation” wholly speculative. No character in Go! meets this standard. The one character to appear more than once (except perhaps some elephants, who do not reappear in Boldly) is the protagonist, a walking cipher. The boy has no name or dialogue and few distinguishing characteristics beyond his yellow knit-cap and onesie. This lightly sketched everyman lacks the “distinctive character traits” required to be protectable by copyright. Towle, 802 F.3d at 1020.  Further, Boldly does not copy any Dr. Seuss character or its traits. In the boy’s place is the Enterprise’s captain, wearing the uniform of Star Trek commanding officers (a gold shirt with an arrowhead insignia over the left breast, and black trousers) or a spacesuit, or on one page, a green tunic like Captain Kirk sometimes wore. His spiky, adult hairstyle is not covered by a child’s knit-cap. Boldly’s wholly distinct characters do not infringe on any protectable character trait of the original. Nor does Boldly infringe on Go!’s simple, episodic storyline. See RJN Ex. 6. In Go!, the boy decides to leave town. He joins a balloon race, taking the lead before getting stuck in a tree. He lands in a “Slump,” comes to a place with unmarked streets, and has a hard time deciding where to turn. In confusion, he races down the road to “The Waiting Place,” where “everyone is just waiting.” He escapes to watch a musical performance by a “Boom Band”, then to join a parade of banner-flying elephants, and then to play on a convoluted ball-field. His athletic skill makes him world-famous, but he is again left all alone to face more scary things. Copyright does not protect the general plot line of an adventurer persevering as he faces both emotional and physical highs and lows. “The copyright of a story covers what is new and novel in it.” Bradbury v. CBS, 287 F.2d 478, 485 (9th Cir. 1961). “General plot lines are not protected by copyright law.” Cavalier v. Random House, Inc., 297 F.3d 815, 823 (9th Cir. 2002) (internal citations omitted). “Familiar stock scenes and themes that are staples of literature are not protected.” Id.

Any story element in Go! that is not too generic to warrant copyright protection is not copied in Boldly, which depicts no confusing streets, balloon races, Slump, Waiting Place, music, elephants, or parades. The Go! boy’s one idiosyncrasy, a talent for playing an unusual multi-player sport, also does not recur in Boldly. Instead, Boldly is filled with allusions to episodes of the original Star Trek series. Any similarities between the plot lines of Boldly and Go! are generic and unprotectable.

The judge has allowed the plaintiff until January 19 to file its opposition to the motion to dismiss. Thereafter, ComicMix will have three weeks to file any reply. And the judge set a hearing for March 16, 2017.