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.

Pixel Scroll 9/29/16 “–We Also Stalk Gods”

(1) THERE’S A SKILL I’D LIKE TO HAVE. It sounds like something you’d see in a movie about dope dealers, says The Hollywood Reporter, but it’s behind the scenes at for-profit fan conventions — “Stars Getting Rich Off Fan Conventions: How to Take Home ‘Garbage Bags Full of $20s’”.

Fan conventions, where stars can take home hundreds of thousands of dollars in exchange for a few hours of time, once were the domain of has-beens and sci-fi novelties. But the business has become so lucrative — think $500,000 for Captain America‘s Chris Evans or The Walking Dead favorite Norman Reedus to appear — that current TV and film stars are popping up at events like Salt Lake City Comic-Con and Heroes and Villains Fan Fest. The demand has become so overwhelming that agencies including WME, CAA, UTA, ICM, APA, Paradigm and Gersh have in the past three years added “personal appearance” agents to sift through the hundreds of annual events, book talent and (of course) score their 10 percent commission….

Here’s how it works: Actors typically ask for a price guarantee — often paid up front — to show up, sign autographs, pose for photos and sometimes take part in a panel discussion or two. Most conventions charge an entry fee, collect $5 for every autograph and $10 per photo (with a photographer taking another $10). The stars — who receive luxury travel and accommodations — pocket the rest. Anything over the guarantee is icing on the cake….

According to multiple sources familiar with convention deals, the basic guarantee rate for genre stars is in the $5,000 to $10,000 range per appearance — with leads on such current TV series as The Walking Dead, Once Upon a Time, Supernatural, The Vampire Diaries, Netflix’s Marvel shows and The CW’s DC Comics fare commanding anywhere from $35,000 to $250,000 and up, depending on their popularity and the frequency with which they appear. At top conventions, it’s not uncommon for a star to earn anywhere from $50,000 to $100,000 on top of their guarantee (more if they spend extra time signing)…..

As if the conventions weren’t already lucrative enough, many stars also are contacted independently by autograph dealers looking to arrange meet-ups outside of events and can score anywhere from $6,000 to $250,000 to sign a few hundred items that will wind up on eBay. That’s one reason why Hamill and other stars are especially sensitive about fakes and are backing a new California bill that would require autographed collectibles sold in the state to come with a certificate of authenticity (yet another extra charge at conventions)….

Three big companies dominate the paid-convention space: Wizard World, Informa and ReedPop (each with about 20-plus events set for 2017), all of which are publicly traded. But while conventions are rewarding for attendees and talent, the financial picture for those running them often is less rosy.

(2) ALWAYS TO CALL IT RESEARCH. From A.V. Club we learn that Timeless creators are being sued for allegedly stealing premise for their show”.

Now it’s NBC’s turn to deal with the litigious, as Deadline reports that the creators of Timeless are being sued for allegedly absconding with the idea for their show, not unlike how Goran Visnjic does with a time machine in said show. NBCUniversal and Sony have also been named as defendants.

The suit was filed by Onza Entertainment for breach of contract and copyright infringement. The Spanish company that claims its idea for a government-backed team of time-machine-thief hunters was pinched, if you will, by Timeless creators Shawn Ryan (The Shield) and Eric Kripke (Supernatural and Revolution). The suit lays out Onza’s premise for the show, and how it “relates to the adventures of a three-person government team (consisting of one woman and two men) traveling through time to thwart undesired changes to past events.” Timeless does feature its own group of timeline monitors, similarly comprising one woman and two men, though they have more academic backgrounds. Abigail Spencer plays a history professor, Matt Lanter her muscle, with Malcolm Barrett rounding out the ensemble as an engineer.

(3) THE PRICE FOR MARS. In “Musk’s Mars moment: Audacity, madness, brilliance – or maybe all three” on Ars Technica, Eric Berger says that Elon Musk’s plan to put a million people on Mars is actually technically plausible provided Musk raises $30 billion, which he isn’t going to be able to do without substantial government help.

Elon Musk finally did it. Fourteen years after founding SpaceX, and nine months after promising to reveal details about his plans to colonize Mars, the tech mogul made good on that promise Tuesday afternoon in Guadalajara, Mexico. Over the course of a 90-minute speech Musk, always a dreamer, shared his biggest and most ambitious dream with the world—how to colonize Mars and make humanity a multiplanetary species.

And what mighty ambitions they are. The Interplanetary Transport System he unveiled could carry 100 people at a time to Mars. Contrast that to the Apollo program, which carried just two astronauts at a time to the surface of the nearby Moon, and only for brief sojourns. Moreover, Musk’s rocket that would lift all of those people and propellant into orbit would be nearly four times as powerful as the mighty Saturn V booster. Musk envisions a self-sustaining Mars colony with at least a million residents by the end of the century.

Beyond this, what really stood out about Musk’s speech on Tuesday was the naked baring of his soul. Considering his mannerisms, passion, and the utter seriousness of his convictions, it felt at times like the man’s entire life had led him to that particular stage. It took courage to make the speech, to propose the greatest space adventure of all time. His ideas, his architecture for getting it done—they’re all out there now for anyone to criticize, second guess, and doubt.

It is not everyday that one of the world’s notables, a true difference-maker, so completely eschews caution and reveals his deepest ambitions like Musk did with the Interplanetary Transport System. So let us look at those ambitions—the man laid bare, the space hardware he dreams of building—and then consider the feasibility of all this. Because what really matters is whether any of this fantastical stuff can actually happen.

 

(4) FREE EVERYTHING. In an article at Democracy, a liberal public policy journal, Joshua Holland reviews Manu Saadia’s Trekonomics, which explains what Star Trek has to say about economic principles, particularly automation and the idea that while we won’t have replicators we may be at an era where a lot of goods are costless — “Can We Live Long and Prosper?”

Saadia doesn’t believe we’re likely to achieve a future that looks like Star Trek. For one thing, hyperspace travel, he says, is incredibly costly, and will offer humanity little reward for the effort. So he doesn’t see us exploring strange new worlds, or seeking out new life and new civilizations in the next few hundred years.

Thus tethered to Earth, Trekonomics is ultimately an argument that economic growth and good governance can lead us to enjoy a standard of living that’s almost unimaginable today. At its heart is the concept of “post-scarcity economics”—a world where technology is an unalloyed good that meets all of our material needs. Competition for finite resources has been a constant since early humans started scratching out a living. It’s shaped not only our economic systems, but our cultures and societies in really fundamental ways. The core argument of Trekonomics is that technology will eventually allow us to produce goods and services in excess of what we need, and that freedom from want will, in turn, lead to a radically different social contract—and new norms of governance—that are difficult to imagine today. In a Trekonomics economy, those at the top would have no incentive to grab an ever-larger slice of the pie because the pie would be infinitely large.

(5) SUPPORT LEGISLATION TO PROTECT COPYRIGHT. Francis Hamit has made a video to generate support for proposed legislation to create a copyright small claims court, HR 5757 or The CASE Act of 2016.  He adds, “There are many ways to support passage of this important legislation.  One way is to buy and wear this t-shirt that you can get from Tfund by following this link.” — http://www.tfund.com/CASEAct

As Hamit explained in a post here:

Now a bill is before the House called the CASE Act (or Copyright Alternative in Small Claims Enforcement Act of 2016.)

It is not law yet, and it needs your support. Write and/or call your Congressional Representative and urge a favorable vote. It is not a perfect solution to the problem, but it’s pretty good.

The CASE Act establishes a Copyright Claims Board with three claims officers and a minimum of two full-time attorneys to examine small cases. Cases must be brought within three years of the infringement, and the plaintiff(s) must have a copyright registration certificate in hand. If the registration was within or before 90 days of publication, the maximum damages are $15,000. If not, then $7,500. No single case will generate statutory damages of more than $30,000. Or, you can roll the dice and go for the actual damages, which may be very hard to prove. You pay your own attorney’s fees. Hardly a bonanza in other words. You can still move the case to a Federal District Court, but my own experience tells me that copyright cases are considered a complicated horror show there.

This court will be centralized as an office at the Library of Congress. While you might make a personal appearance, the emphasis is in resolving claims by mail and/or telephone. You may be able to do this without an attorney, or certified law student, but it’s probably not a good idea.

 

(6) TWILIGHT ZONE TRIVIA. I learned all kinds of new things while reading “11 Timeless Facts About The Twilight Zone . The first is funny —

There were almost six dimensions.

While recording the opening to the pilot episode in 1959, Serling exclaimed there was a sixth dimension to explore. When a network executive overheard the introduction, he asked Serling what happened to the fifth dimension. Serling assumed there were already five dimensions, not four. Luckily, the mistake was corrected before the episode aired.

(7) X-15. Here’s a BBC article about the X-15 program and efforts to restore the B-52 that ferried the experimental craft to launch altitude – “The bomber that paves the way for the Moon missions”. (One of the cool things I got to do as a kid was attend a science-themed event on the aircraft carrier Kearsarge where X-15 pilot Scott Crossfield was on the program).

Joe Walker could be one of the greatest astronauts you have never heard of.

On 22 August 1963, Walker strapped into the cockpit of an X-15 experimental rocket plane for his final flight. He took off into the clear skies above Edwards Air Force base in sou thern California, his needle-shaped aircraft strapped beneath the starboard wing of a B-52 bomber.

At around 50,000ft, the X-15 dropped from the wing, Walker lit his engine and rocketed into the sky. When the plane ran out of fuel two minutes later, he was travelling at 5,600ft-per-second and the sky had turned from blue to black.

In another two minutes, Walker had reached 354,200 feet – 67 miles – above the Earth and beyond the air we breathe. He was no longer flying a plane but a spacecraft. 11 minutes and eight seconds after release, he was back on the ground – having glided at hypersonic speeds to a perfect landing on a dried-up lake bed

(8) IT IS GETTING TO LOOK LIKE HALLOWEEN AT DISNEYLAND. The Halloween Tree, inspired by a Ray Bradbury story, is back in season at Disneyland.

The four masks on the plaque are artwork done by Joseph Mugnaini. The oak tree is in front of the saloon in Frontierland.

dedication-min

disneylandhalloweentree-min

(9) COMIC BOOK TRICK OR TREAT. Comic publishers invite fans to the Halloween ComicFest on October 29.

Celebrating its fifth year, Halloween ComicFest is an annual event where participating comic book specialty shops across North America and beyond celebrate the Halloween season by giving away comic books absolutely free to anyone who comes into their shops. The event takes place on Saturday, October 29th and is the perfect opportunity to introduce friends and family to the many reasons why comic shops are a great destination for Halloween themed comic books, products and merchandise. From zombies, vampires, monsters and aliens to costumes and more, comic shops have it all when it comes to Halloween fun!

Click here to see the offerings – and to download free sample pages.

(10) THE MIND BEHIND THE MASK. Popular Mechanics tries to argue “Why Westworld Matters” in an entertaining little article, however, my memory is rather different – I don’t think it had much influence because sf writers were already feverishly turning out warning stories of this type – anything from Ellison’s “I Have No Mouth and I Must Scream” to Bradbury’s “Downwind From Gettysburg.”

The Line Between Human and Android Keeps Shrinking

Crichton told American Cinematographer at the time of the film’s 1973 release that he was inspired by going to Disneyland and watching an animatronic Abraham Lincoln recite the Gettysburg Address. “It was the idea of playing with a situation in which the usual distinctions between person and machine—between a car and the driver of the car—become blurred, and then trying to see if there was something in the situation that would lead to other ways of looking at what’s human and what’s mechanical,” he said.

In Westworld, even the park’s administrators aren’t quite sure what their robots are capable of. Ominously, one overseer announces, “These are highly complicated pieces of equipment, almost as complicated as living organisms. … We don’t know exactly how they work.” It becomes clear that Brynner’s gunslinger has gone rogue at least in part because he’s tired of letting park patrons shoot him full of holes just to satisfy their he-man cravings. He’s not a piece of furniture. He’s become sentient, and he wants a say in what happens to him.

Everything from Blade Runner (based on the late-’60s Dick novel) to A.I. (based on the late-’60s short story from Brian Aldiss) has grappled with the ethical questions inherent in making computers that duplicate human characteristics. How will we be able to tell if it’s man or machine?

(11) ISLAMIC SF COLLECTION. Islamicates Volume I: Anthology of Science Fiction short stories inspired from Muslim Cultures is available as a free download in many electronic formats.

Better late than never I always say, the wait is over, I give you the Science Fiction short story anthology based on the first Islamicate Short Story contest. There are a total of 12 stories in the anthology and the first three stories are also the ones which won the best story awards. The anthology is titled Islamicates: Volume I Science Fiction Anthology of Short Stories inspired by Muslim Cultures. It is titled Volume I because we hope to continue this series in the future. It was eight years ago that the first anthology based on Science Fiction inspired by Islamic cultures was released. Not only has the Geek Muslim community increased in numbers considerably but interest in Islam and Muslim cultures has increased to a great extent in pop media in general. We hope that our readers will greatly enjoy the anthology. As always comments, suggestions, questions and feedback in general will be greatly appreciated.

(12) PYTHON-RELATED PROJECT. Matthew Davis recommended a video: “Reading about the recent death of the actor Terence Baylor (who appeared in assorted Monty Python-related projects) reminded me that he was in a Terry Gilliam-directed advert for Orangina which was only ever broadcast in France.”

(13) RIDLEY SCOTT ADS. Davis also pointed out some other advertising history.“While Ridley Scott’s 1984/Apple commercial is famous with film and sf fans I don’t think his very Blade-Runner-esque series of adverts for Barclays bank in 1986 are remembered at all.”

[Thanks to Matthew Davis, Chip Hitchcock, Martin Morse Wooster, Andrew Porter, and John King Tarpinian for some of these stories. Title credit goes to File 770 contributing editor of the day Daniel Dern.]

Pixel Scroll 7/27/16 It’s Only Pixels I Recall; I Really Don’t Know Scrolls At All

(1) THE CORRELATION OF MARKET FORCES. John Z. Upjohn delivers another stinging social criticism on Alexandra Erin’s blog — “Sad Puppies Review Books: Caps For Sale”.

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A head-based cap delivery service is so woefully inefficient that it is no surprise he does not sell a single cap all day. “Not even a red cap,” he laments, which suggests that he knows that red caps are best, even if he insists on wearing his ridiculous checked one. Yet they are the ones at the top of the stack, where no one can reach them. SJWs don’t believe in simple market forces like supply and demand. If he knows that red caps are the caps preferred by the majority, there’s no financial reason for him to stock anything else. It’s okay for people to like other caps, but they can’t just expect to be pandered to!

(2) THAT ROTTEN VELOUR. Esquire studies “Why Star Trek’s Uniforms Haven’t Changed Much in 50 Years”.

Remember, this was the Age of Aquarius, when bold hues reigned supreme and NBC was billing itself as the “full-color network.” You can also see nods to the costumes’ 1960s heritage in the boots’ go-go contour, especially their Cuban heels. The flared trousers even suggested the evolution of bell-bottoms.

Beyond the prevailing cultural mood, Roddenberry’s working kit entailed some heavy ergonomic thinking. “No matter how many times NASA described the outfit of the future,” he once quipped, “it always sounded like long underwear.”

“Gene’s idea was that a replicator would redo the clothes every day,” said Andrea Weaver, a Star Trek women’s costumer. “In his mind, the crew would go in and the clothes would materialize, molded to the body form.”

That form was all-important. “Roddenberry’s theory,” said Joseph D’Agosta, the casting director, “was that by the 23rd Century, diet would be down to a science and everyone would be thin.”

Unfortunately, 20th Century reality didn’t always match 23rd Century fitness. “We found ourselves having to stay away from longer shots wherever possible,” Roddenberry observed, “as the simple plain lines of our basic costume render most unflattering any extra poundage around the waist.”

(3) UNIQUE WORKSHOP. Whoever heard of a writer’s workshop that pays for you to attend? The deadline to apply for Taliesin Nexus’ Calliope Workshop for Fiction and Nonfiction Authors is August 8.

Calling the next great American author!  If that’s you, then this September 9-11 get ready to have us fly you out to New York City, put you up in a hotel, and spend an entire weekend developing your work at the Calliope Authors Workshop.  You will have the opportunity to get thorough notes on your in-progress work as well as career advice from successful novelists, nonfiction authors, publishers, and literary agents.

(4) A STEP IN TIME. After seeing all those movies and cartoons in which someone stands inside the giant dinosaur footprint, well, here’s one in which you really can — “Meter-wide dinosaur print, one of largest ever, found in Bolivia”.

A footprint measuring over a meter wide that was made by a meat-eating predator some 80 million years ago has been discovered in Bolivia, one of the largest of its kind ever found.

The print, which measures 1.2 meters (1.3 yards) across, probably belonged to the abelisaurus, a biped dinosaur that once roamed South America, said Argentine paleontologist Sebastian Apesteguia, who is studying the find.

(5) BRONYCON REPORT. Wesley Yiin of the Washington Post says “The grown men who love ‘My Little Pony’ aren’t who you think they are”. His article about Bronycon takes a sympathetic look at the fans.

More than half a decade into the Brony phenomenon, the grown men who love “My Little Pony” understand that the world remains curious about them. So they kicked off their recent BronyCon gathering in Baltimore with a crash course on dealing with the media, from which a couple of helpful pointers emerged:

  • Don’t use jargon like “OC” or even “original character.” Simply explain that the Pony-inspired name you go by in Brony circles is, for example, “Champ Romanhoof,” the persona claimed by Chaim Freedman, a 17-year-old Brony from New Jersey.
  • Do ask for their credentials. Certain publications of a conservative bent have been quick to smear Bronies. You’ll never be able to convince these kind of journalists that Bronyism is not a weird sex fetish, nor a sad childhood hang-up, but just another earnest, all-American fan community.
  • Do talk up the narratives you’d like reporters to work into their stories, such as the money Bronies raise for charity. “The media,” emphasizes Jake Hughes, the leader of this seminar, “is not the enemy.”

Hughes, who goes by “Jake the Army Guy” at conventions, is a communications specialist for the Army with a stuffed Pinkie Pie toy perched on his shoulder, which perfectly complements his denim biker vest. Like many people in this room, Hughes has gotten his fair share of flak for loving a kids’ cartoon inspired by a cheesy plastic toy marketed to little girls during the Reagan administration. (Once, he says, he was quoted in a story that complained of Bronies’ body odor.)

But no one’s in a defensive crouch here. BronyCon, which attracted more than 7,600 attendees this year, is the ultimate safe space: When you’re in a rainbow wonderland of fellow travelers wearing unicorn horns and technicolor manes, randomly hollering catchphrases like “Fun! Fun! Fun!” and singing fan-written songs with titles like “Mane Squeeze,” you can stop worrying about what’s normal and what’s weird or where you fit in.

(6) ANTICIPATING THE 1961 HUGOS. Galactic Journey’s Gideon Marcus is bracing himself for disappointment, in “[July 27, 1961] Breaking A Winning Streak (August 1961 Fantasy and Science Fiction)”.

Take a look at the back cover of this month’s Fantasy and Science Fiction.  There’s the usual array of highbrows with smug faces letting you know that they wouldn’t settle for a lesser sci-fi mag.  And next to them is the Hugo award that the magazine won last year at Pittsburgh’s WorldCon.  That’s the third Hugo in a row.

It may well be their last.

I used to love this little yellow magazine.  Sure, it’s the shortest of the Big Three (including Analog and Galaxy), but in the past, it boasted the highest quality stories.  I voted it best magazine for 1959 and 1960.

F&SF has seen a steady decline over the past year, however, and the last three issues have been particularly bad.  Take a look at what the August 1961 issue offers us….

(7) DEBUT REVIEWED. Paul Di Filippo reviews David D. Levine’s Arabella of Mars at Locus Online.

This seems to be a “steam engine time” kind of period in publishing, when writers who have focused exclusively on short fiction for many years now step forth with their long-anticipated debut novels….

(8) LITIGATION. Slender Man is an online fiction creation. Two Wisconsin girls, age 12 at the time, allegedly attempted to kill their classmate to please this character. They have lost their appeal to be tried as juveniles rather than adults.

Anyone 10 or older charged with first-degree attempted homicide is automatically considered an adult under Wisconsin law. But defense attorneys have argued that the case belongs in juvenile court, saying the adolescents suffer from mental illness and won’t get the treatment they need in the adult prison system.

Experts testified that one of the girls has schizophrenia and an oppositional defiant disorder that requires long-term mental health treatment. The other girl has been diagnosed with a delusional disorder and a condition known as schizotypy, which a psychologist testified made her vulnerable to believing in Slender Man.

In a pair of rulings Wednesday, the 2nd District Appeals court affirmed a lower court’s determination that it was reasonable to try both girls as adults. Citing the ruling last year, the appeals court said if the girls were found guilty in the juvenile system they would be released at age 18 with no supervision or mental health treatment.

It also noted that the evidence showed the crime was not accidental or impulsive, but planned out and violent. Given the serious nature of the offense, it would not be appropriate for the trial to take place in juvenile court, the appeals court ruled…..

According to a criminal complaint, the girls plotted for months before they lured Payton Leutner into a park in Waukesha, about 20 miles west of Milwaukee, and attacked her with a knife.

Leutner suffered 19 stab wounds, including one that doctors say narrowly missed a major artery near her heart. After the attack in a wooded park, she crawled to a road and was found lying on a sidewalk by a passing bicyclist. Despite the attack, she staged what her family called a “miraculous” recovery and was back in school in September three months later.

The girls told investigators they hoped that killing her would please Slender Man, a demon-like character they had read about in online horror stories. The tales describe Slender Man as an unnaturally thin, faceless creature who preys on children.

(9) LIEBMANN OBIT. SF Site News reports filker Michael Liebmann died on July 26. Liebmann founded GAFilk in 1999. More information at the link.

(10) JACK DAVIS OBIT. Artist Jack Davis (1924-2016) died July 27 at the age of 91. I knew him from MAD Magazine, though he was even better known for his movie posters, advertising art, and work in mainstream magazines.

Mark Evanier wrote an excellent appreciation of Davis at News From Me.

One of America’s all-time great cartoonists has left us at the age of 91. Jack Davis made his initial fame in EC Comics like Tales from the Crypt and MAD but went on to become one of the most visible (and imitated) creators of advertising, movie posters and record album covers ever. His ability to make anything funnier when he drew it and his keen eye for caricatures could be seen darn near everywhere in this country for well more than half a century.

(11) ANOTHER BALLOT SHARED. H.P. at Every Day Should Be Tuesday revealed his “2016 Hugo Awards Ballot”.

I didn’t wind up reading a lot of the nominees and blogged about even fewer, but I at least wanted to get my votes up.  To be honest, I’ve lost a certain amount of interest in the Hugos.  And despite the big, big nomination numbers, the Hugos don’t seem to be getting nearly as much attention this year in general. It will be interesting to see if that is reflected in the voting….

How could someone who voted Jeffro Johnson first in three Hugo categories ever weary of the fun?

(12) GRAPHIC DETAILS. Eric Franklin at Game Thyme not only shared part of his ballot, but his fascinating process for ranking the nominees in “Hugo Awards: Done Voting”.

I read as much as I could of the others. I looked at the art nominees.

And then I grabbed an excel spreadsheet and rated everything based on a +10 to -10 scale of “Good” and “Fun.” I plotted that on a graph, and figured out where my “No Award” point was – it’s equivalent to 0 Good, 0 Fun. Anything with a score worse than that scored below No Award.

I also weighted the spreadsheet in favor of Good.  So a Good 5, Fun 0 work will have a better score than a Good 0, Fun 5 work.

Remember that this is zero average. Mediocre scores for good and fun are the +2 / -2 range. 3-5 is good, 6+ is great.  -3 to -5 is bad. -6 and less is awful.

Then I fed it to a formula to determine the distance from 10,10, as if it were a triangle and I was calculating the hypotenuse. So low numbers were good, high numbers bad.

0, 0 in my spreadsheet, BTW, comes to a final score of  11.53, so anything above that level was out.

I’m going to discuss two categories, tell you how I voted, and discuss each nominee in that category. I’m going to discuss Best Novel and Best Dramatic Presentation: Long Form.

And yes, I know. I crazy-overthought this.

(13) JOURNEY’S END. Kate Paulk reaches the John W. Campbell Award and the Retro-Hugos in the culmination of her series for Mad Genius Club, “Hugo Finalist Highlights – The Retros and the Campbell Award Finalists”.

Brian Niemeier – DAMN YOU BRIAN NIEMEIER! Okay. Now I’ve got that out of my system. I couldn’t stop reading Nethereal. The combination of fantasy styling over science fiction with an intricate layered plot and remarkably human characters sucked me in and refused to let go. Of note: Niemeier is the only finalist in his first year of Campbell eligibility.

(14) UK GAMING CON FOLDS. Conception is a role playing game convention on the south coast of England. Held every year since 2000 it has raised over £150,000 for charity. There won’t be another.

It is with great sadness and regret that we must announce that the CONCEPTION Committee have unanimously decided to call it day.

There will no longer be a CONCEPTION 2017.

We have decided that after 17 years of hosting events at Hoburne Naish that we would rather end it on the virtual miracle that was this years event and retain the wonderful memories of CONCEPTIONs Past.

This choice was not an easy one for us to make. We have invested a considerable amount of time and effort on something that proved extraordinarily hard for us to let go. We emerged from CONCEPTION 2016 with some doubts and concerns about the future but also a renewed vigour for the challenges set by the new management. We were still optimistic that we could weather this re-structuring and re-development at Hoburne Holidays and still reliably host a convention in 2017.

However, recently even more changes have been forced upon us by Hoburne Holidays which severely limit the quantity of accommodation to a point where we cannot with any great certainly be assured that we can host the event in the same manner as we have in the past without badly tarnishing the experience for all our attendees.

So, rather than be forced to accept the uncertainty of dealing with Hoburne Holidays in the future or struggling to hurriedly find and negotiate terms with an alternative economically/ergonomically viable venue we decided to permanently discontinue the event.

[Via Ansible Links.]

(15) WORLDCON PREVIEW. One artist shares how his work is getting to the con.

(16) THE BAD NEWS. Unfortunately, Sharon Lee and Steve Miller won’t be making it to MACII.

Steve and I are very sorry, indeed, to announce that we will NOT be attending the 74th World Science Fiction Convention, MidAmeriCon II, to be held in Kansas City, August 17-21.

A direct casualty of this is the signing we were to do at the Bradley Fair Barnes and Noble, in Wichita, Kansas, on August 14.

We apologize to everyone who thought they’d have a chance to meet us, or to renew our acquaintance.  And we especially apologize for the lateness of the hour.  Up until this past Saturday, we were certain that we’d be attending.

So, here’s what we’d like you to do — go to the con, and have a terrific time.  Raise a glass of whatever it is you’re having, and share the toast with friends:  “To Plan B!” which is our own most-used salute.  Drop us a note, if you can, and tell us about the con. We’d like that.

(17) TODAY’S BIRTHDAY RABBIT

  • July 27, 1940 — Bugs Bunny made his cartoon debut.

(18) GREEN HARVEST. This is the kind of hard-hitting journalism you’ve been looking for. Fox News headlined this story “Sexy cosplayers can make $200,000 a year at comic book conventions”.

Scores of attractive women made their way to Comic Con in San Diego, Calif. last week to don skimpy cosplay outfits to entertain the convention’s superhero fans. Many do it just for fun, but for some it’s a job that pays well into the six figures.

“In addition to a per diem and travel costs, popular professional cosplayers can make at least $5,000 to $10,000 a show,” comic book expert Christian Beranek told FOX411. “If you add in mail order sales, crowd funding contributions and YouTube ad revenue, the top talents are pulling in close to $200,000 a year.”

(19) SAME BAT-TIME. Amazon would be delighted to sell you The Ultimate Batman 75th Year Limited Edition Watch Set.

  • DC Comics super hero are depicted from four eras of comic book history in the square-shaped watches.
  • In addition, there are four incarnations of the Bat-Signal depicted in the round-shaped Swatch-like minimalist watches. The watches from left to right as presented in the box; watches 1 and 2 of the set features Batman with his fists clenched. This muscular, determined Caped Crusader has spent the Modern Age of Comics defending Gotham City from its most notorious villains.
  • Watches 3 and 4 displays Batman dramatically staring up at the Bat-Signal. By the Bronze Age of Comics, artists had encased the super hero’s spare black bat emblem with a yellow oval. The insignia became the crime fighter’s trademark. Watches 5 and 6 then shows Batman swooping into the frame with his cape flying behind him. The image, from the Silver Age of Comics, accentuates the super hero’s signature glowing white eyes and utility belt.
  • Lastly, watches 7 and 8, highlights Batman as first envisioned by creator Bob Kane during the Golden Age of Comics. The super hero’s black cape and cowl and gray suit formed his iconic visual identity.

the-ultimate-batman-75th-year-limited-edition-watch-set-bat3104-2

(20) KILLING JOKE IS DOA. At Forbes, Scott Mendelson passes judgment: “’Batman: The Killing Joke’ Review: The Controversial Comic Is Now A Terrible Movie”.

Final paragraph:

We may not have gotten the Killing Joke adaptation that we wanted, but we may well have gotten the one we deserved.

(21) BIG PLANS. George R.R. Martin tells how he will celebrate the third anniversary of his theater.

Hard to believe, but we are coming up on the third anniversary of the re-opening of the Jean Cocteau Cinema. Santa Fe’s hometown movie theatre, and first art house, had been dark for seven years when we turned on the lights again and opened the doors in August 2013. Needless to say, that calls for a celebration… a week-long celebration, in fact!!!

(22) DIRECTOR’S TOUR. Tim Burton takes us inside the peculiar world of Miss Peregrine’s Home for Peculiar Children.

[Thanks to JJ, David K.M. Klaus, Dawn Incognito, Martin Morse Wooster, Carl Slaughter, and John King Tarpinian for some of these stories. Title credit goes to File 770 contributing editor of the day Gregory N. Hullender.]

Ryan Kopf Refiles Suit Against Nerd & Tie

Ryan Kopf

Ryan Kopf

It was only a matter of time. Conrunner Ryan Kopf, whose suit against blogger Trae Dorn was dismissed in Iowa for lack of jurisdiction, has refilled it in Illinois. Dorn announced the development at Nerd & Tie on July 5 and has posted a copy of the new lawsuit here.

Kopf is suing in response to a pair of Nerd & Tie articles published last summer. As File 770 explained in January:

In both suits, Kopf has denied the allegations made about him.

Kopf explained on his blog why he is pursuing the litigation in Illinois.

Aside from Iowa, there are three places that may be considered proper. Wisconsin and Indiana are places the defendants live. However I don’t do business in either state. That leaves Illinois, a place where they have done business. We’re now suing them in Illinois, a jurisdiction that should be proper and equally fair for everyone, as all the parties have done business in Illinois.

Why am I suing them?

Because you can’t just make stuff up online without repercussion. The things they’ve written, which, again, were usually untrue, turned away business from the conventions. If you go around telling people “Blank is a bad person,” often enough, they’re going to start taking your word. But that’s not fair to Blank.

It’s really really easy to make stuff up on the internet.

I own the moon.

Christopher Sturz, a Nerd & Tie co-creator and contributor (aka Pher Sturz) has also been named as a defendant in the suit. Dorn writes, “It should be noted that Pher was added to that suit solely because of posts made on his personal Facebook page in support of me.”

The lawsuit describes those remarks as follows:

On or about January 6, 2016, the Defendant Sturz posted on his Face book that the Plaintiff is “a rapist.” He also suggested that the Plaintiff should pay him in “ball lickings.”

Kopf is asking for $50,000 in actual damages to his business, and $50,000 in actual damages for the defamatory statements, plus punitive damages, costs, and a court order for the defendants to remove their statements from the internet.

Dorn was able to crowdfund his defense against the Iowa suit. He’s launched another GoFundMe campaign to defray the costs of the Illinois suit.

The appeal has raised $460 of its $6,000 goal as of this writing.