Pixel Scroll 12/11/17 You Ain’t Pixelin’ Dixie!

(1) DEFENDANTS COMMENT ON COMIC CON VERDICT. Bryan Brandenburg has this to say about the verdict in the SDCC v, SLCC lawsuit.

I woke up this morning facing a bright new future. The weight of the world has been lifted from Dan [Farr]’s and my shoulders. We have successfully cleared our names and lifted the cloud of accusation that has been surrounding us for 3 1/2 years.

– We were accused of stealing and hijacking. The jury said we were NOT GUILTY of this. There was no willful infringement.

– We were accused of trying to associate our convention with the San Diego convention. The jury said that we were NOT GUILTY of this. They found no evidence of false designation of origin.

– We were accused of causing $12,000,000 damage to the SDCC brand. They said we were the very worst offender. The jury found no evidence of damage. They awarded San Diego $20,000 in damages, less than .2% of what they asked for sending a clear message that we didn’t hurt the San Diego brand and this is what will be paid out for the worst of the 140 comic cons.

– We were accused of infringing San Diego’s trademarks, along with 140 other “infringers”…other conventions that call themselves “comic con”. The jury said that we were guilty. San Diego said, “They’re all infringers, that we and 140 other conventions that use the term comic con were guilty.” So for now they have 3 valid trademarks. We think that they will still lose “comic-con”. We’re proud to be lumped in with some of the finest comic cons in the country.

Dan and I have no regrets about standing up for ourselves when we took action after receiving a cease and desist. In hindsight, we would not have taken the car down to San Diego. For that we apologize to San Diego Comic Con. They are a great event with great people.

This process helped me realize once again that we truly have the best fans in the world. You have been there for us and it was comforting to have so many pulling for us. We are glad that we were able to clear our names at a minimum. But there are a lot of things moving in the background which I cannot talk about. All good things.

We own the trademark for FanX. There are over 140 comic cons and one FanX. That’s not a booby prize. If we needed to drop comic con from the name and just be FanX we have a trademark for that and a lot of positive brand awareness. Almost all the hundreds of thousands of people that have attended our events are familiar with that brand and name.

We’re not sure exactly how things will play out. We may change our name. We may appeal. But one thing is for certain. 2018 will be our best year yet….

(2) NEW LOGO. Bubonicon 50 takes place August 24-26, 2018 in Albuquerque, NM with Guests of Honor John Scalzi and Mary Robinette Kowal, Toastmaster Lee Moyer, and Guest Artist Eric Velhagen. Bubonicon 49 Toastmaster Ursula Vernon has created a special logo:

(3) THE CUTTING ROOM. I was very interested to learn How Star Wars was saved in the edit – speaking here about the original movie.

A video essay exploring how Star Wars’ editors recut and rearranged Star Wars: A New Hope to create the cinematic classic it became.

 

(4) EXPAND YOUR MASHUP WARDROBE. Still gift shopping? A lot of places online will be happy to sell you the shirt off their backs!

(5) LONG LIST ANTHOLOGY IS OUT. David Steffen announced the release of the Long List Anthology Volume 3, available as an ebook from Amazon and Kobo, in print from Amazon. He said more ebook vendors are in the works, including Barnes & Noble, iBooks, and others.

This is the third annual edition of the Long List Anthology. Every year, supporting members of WorldCon nominate their favorite stories first published during the previous year to determine the top five in each category for the final Hugo Award ballot. This is an anthology collecting more of the stories from that nomination list to get them to more readers

There are 20 stories in the volume – see the complete list at the link.

(6) BEYOND PATREON. Here’s the hybrid approach that The Digital Antiquarian will take in the aftermath of Patreon’s problems.

I’ll be rolling out a new pledging system for this site next week. Built on a platform called Memberful, it will let you pledge your support right from the site, without Patreon or anyone else inserting themselves into the conversation. The folks from Memberful have been great to communicate with, and I’m really excited about how this is shaping up. I think it’s going to be a great system that will work really well for many or most of you.

That said, my feeling after much vacillation over the last several days is that I won’t abandon Patreon either. Some of you doubtless would prefer to stay with them, for perfectly valid reasons: for high pledge amounts, the new fee schedule is much less onerous; some of you really like the ability to pledge per-article rather than on a monthly basis, which is something no other solution I’ve found — including Memberful — can quite duplicate; some of you really want to keep all of your pledges to creators integrated on the same site; etc. And of course it’s possible that Patreon will still do something to mitigate the enormous damage they did to their brand last week. At the risk of introducing a bit more complication, then, I think the best approach is just to clearly explain the pros and cons of the two options and leave the choice in your hands

(7) VIRTUAL BEST OF YEAR – FANTASY EDITION. Jason, at Featured Futures, has completed the set by posting his picks for the Web’s Best Fantasy #1 (2017 Stories).

As with Web’s Best Science Fiction, Web’s Best Fantasy is a 70,000 word “virtual anthology” selected from the fifteen webzines I’ve covered throughout the year, with the contents selected solely for their quality, allowing that some consideration is paid to having variety in the reading experience. The contents were sequenced as best I could with the same concern in mind.

(8) RATIFYING STURGEON’S LAW. Fanac.org has added “Lunacon 15 (1972) – Theodore Sturgeon Guest of Honor speech” to its YouTube channel, a 38-minute audiotape, enhanced with numerous images and photos (including two taken by Andrew Porter.)

Isaac Asimov introduces Theodore Sturgeon’s Guest of Honor speech at the 1972 Lunacon. There are corny puns and jokes from both of them, but primarily the talk is a serious, constructive discussion of Sturgeon’s “best beloved field”, and a defense against those that would marginalize and dismiss it. There are a few poignant minutes at the end about the (1972) US government amassing citizens’ private data, without any ability to challenge it. More than 40 years later, it’s still important, and worth listening.

 

(9) TODAY’S THING TO WORRY ABOUT. Andrew Porter draws our attention to the fact that the German film Münchhausen came out in 1943. As he sees it, “We could have a Nazi film under consideration for a retro-Hugo!”

The complete film is available on YouTube, with English subtitles.

(10) BILLINGS OBIT. Harold Billings (1931-2017), librarian, scholar, and author, died November 29. (The complete Austin American-Statesman obituary is here.)

He spent fifty years at the University of Texas general libraries, rising from cataloger to Director of General Libraries, a position he held for the last twenty-five years of his career. … Harold also edited and wrote extensively about authors Edward Dahlberg and M. P. Shiel. Reflecting a long time interest in Arthur Conan Doyle, in 2006 he received the Morley-Montgomery award for his essay The Materia Medica of Sherlock Holmes. In recent years, Harold had turned to supernatural literary fiction, authoring such stories as “A Dead Church”, “The Monk’s Bible”, and “The Daughters of Lilith”.

(11) TODAY’S BIRTHDAY GIRL

  • Born December 11, 1922 — Maila Nurmi. (Vampira)

(12) HEROIC EFFORT. Reportedly, “New research finds that kids aged 4-6 perform better during boring tasks when dressed as Batman”. Hampus Eckerman says, “I’m sure this works for adults too.”

In other words, the more the child could distance him or herself from the temptation, the better the focus. “Children who were asked to reflect on the task as if they were another person were less likely to indulge in immediate gratification and more likely to work toward a relatively long-term goal,” the authors wrote in the study called “The “Batman Effect”: Improving Perseverance in Young Children,” published in Child Development.

(13) WITH ADDED SEASONING. Star Trek: The Jingle Generation.

(14) THAT FIGURES. This must be like Rule 34, only it’s Rule 1138: If it exists, something Star Wars has been made out of it. “Funko POP! Star Wars Trash Compactor Escape (Luke & Leia) Exclusive Vinyl Figure 2-Pack [Movie Moments]”.

(15) MORE MYCROFT. SFFWorld’s Mark Yon reviews The Will to Battle by Ada Palmer”.

Probably the thing I like the most about The Will to Battle is that we get to know in much more depth the inner workings of the political aspects of the world that Palmer has imagined. We learn much more about things that we have only seen mentioned before (the set-set riots or the difference between Blacklaws, Greylaws and Whitelaws, for instance) and we even witness a trial, a meeting of the Senate and the Olympic Games. I really enjoyed discovering how the author had planned with incredible care every little aspect and finding out that little details that seemed to be arbitrary are, in fact, of crucial importance.

(16) YOUNG UNIVERSE. Linked to this news before, but the Washington Post’s account is more colorful: “Scientists just found the oldest known black hole, and it’s a monster”

That hope is what drove Bañados, an astronomer at the Carnegie Observatories in California, to the Chilean mountaintop in March. It was not entirely clear whether he’d be able to find a quasar so far away. Supermassive black holes swallow up huge amounts of matter, squeezing the equivalent mass of several hundred thousand suns into a space so small that gravity wraps around it like an invisibility cloak and causes it to vanish. An object like that needs a long time to grow and more matter than might have been available in the young universe.

But the object Bañados and his colleagues discovered, called ULAS J1342+0928, was even bigger than they’d bargained for — suggesting that something might have made black holes grow more quickly. Scientists don’t yet know the underlying reasons for such rapid growth, or whether still older black holes are waiting to be found.

“This is what we are trying to push forward.” Bañados said. “At some point these shouldn’t exist. When is that point? We still don’t know.”

In a companion paper published in the Astrophysical Journal Letters, the scientists report another odd finding: The galaxy where ULAS J1342+0928 dwells was generating new stars “like crazy,” Bañados said. Objects the size of our sun were emerging 100 times as frequently as they do in our own galaxy today.

“To build stars you need dust,” Bañados said. “But it’s really hard to form all this dust in such little time on cosmic scales — that requires some generations of supernovae to explode.”

During the universe’s toddler years, there hadn’t been time for several rounds of stars living and dying. So where were the ingredients for all these new stars coming from?

(17) THE RISKS OF TALKING TO THE COPS. I saw Ken White’s  “Everybody Lies: FBI Edition” for Popehat linked by a FB friend and found it riveting. While it’s focused on criminal law, a lot of this advice is still good even if you’re only talking to someone about your taxes.

Dumbass, you don’t even know if you’re lying or not. When an FBI agent is interviewing you, assume that that agent is exquisitely prepared. They probably already have proof about the answer of half the questions they’re going to ask you. They have the receipts. They’ve listened to the tapes. They’ve read the emails. Recently. You, on the other hand, haven’t thought about Oh Yeah That Thing for months or years, and you routinely forget birthdays and names and whether you had a doctor’s appointment today and so forth. So, if you go in with “I’ll just tell the truth,” you’re going to start answering questions based on your cold-memory unrefreshed holistic general concept of the subject, like an impressionistic painting by a dim third-grader. Will you say “I really don’t remember” or “I would have to look at the emails” or “I’m not sure”? That would be smart. But we’ve established you’re not smart, because you’ve set out to tell the truth to the FBI. You’re dumb. So you’re going to answer questions incorrectly, through bad memory. Sometimes you’re going to go off on long detours and frolics based on entirely incorrect memories. You’re going to be incorrect about things you wouldn’t lie about if you remembered them. If you realize you got something wrong or that you may not be remembering right, you’re going to get flustered, because it’s the FBI, and remember even worse. But the FBI would never prosecute you for a false statement that was the result of a failed memory, right? Oh, my sweet country mouse. If you had talked to a lawyer first, that lawyer would have grilled you mercilessly for hours, helped you search for every potentially relevant document, reviewed every communication, inquired into every scenario, and dragged reliable memory kicking and screaming out the quicksand of your psyche.

(18) MRS. PEEL IS NO RELATION. Bananaman: The Musical is on stage at the Southwark Playhouse in the UK through January 20.

Bananaman is one of the flagship characters in the world’s longest running comic, The Beano. He was also the subject of the hugely popular TV cartoon that ran on the BBC during the 1980s. With a useless hero and some equally clueless villains, Bananaman’s riotously funny, slapstick humour has been sealed into the memories of those who saw him first, and will now spark the imagination of a new bunch of Bananafans.

In “A Call To Action” Marc Pickering is playing Bananaman’s nemesis Doctor Gloom. The song comes in the first half when Doctor Gloom is planning ways in which to deal with Bananaman who is thwarting his plans for world domination!!

(19) FIXED THAT FOR YOU. Damien Broderick says “A strange and terrible thing happened” with his book, now available in a modified 2018 version — Starlight Interviews: Conversations with a Science Fiction writer by Damien Broderick.

The first printing, also from Ramble House affiliate Surinam Turtle Press (owned by Dick Lupoff) turned out to have a botched variant of Russell Blackford’s chapter. My fault, I freely confess it! I only learned of this goof after I gave Russell his copy at the recent World Fantasy con in San Antonio.

Russell and I delved into the dark heart of several hard drives and managed to recompile his intended text. With the help of Chum Gavin, a repaired version of the book has now appeared on Amazon (although their website announcement has retained a mistaken pub date from earlier this year). If any Chum purchased a copy of the botched version, do let me know and I will hastily dispatch a Word doc of RB’s True Chapter. For those very few Chums who somehow forgot to rush their order for the book to Amazon, now is your near-Xmas chance to make good that lapse!

(20) OUTSIDE THE STORY. K. C. Alexander describes a variation on the classic writer’s advice in “Don’t Show, Don’t Tell”  at Fantasy-Faction.

You’re probably familiar with Welcome to Night Vale, so you’ll recognize the Night Vale Presents line in this incredible and fascinating podcast. The key difference, however, is this one presents more of a focused story, all delivered from a single point of view—Keisha; a truck driver (narrated by the matchless Jasika Nicole) searching for her dead wife. Named, naturally, Alice. (One other POV appears later in season, which I will not spoil here, but it is eerie af.) This is a creeping, haunting, sometimes lonely story about a heartbroken woman struggling with a mental illness—namely, a panic/anxiety disorder, and the paranoia and fear that comes with. After the death of her wife, an experience she was not there to witness, our fearful protagonist hires on with a long-haul trucking service to find answers.

Her story is narrated through snatches of narrative delivered on CB radio.

So what makes this podcast the keystone for “don’t show, don’t tell?”

It’s the outside stuff we never see. What’s going on outside her narration, what the people outside of our view are doing and why they are doing it. The ripples “shown” in Fink’s writing remain so subtle that you may not hear them, understand them, until your second or third listen. They are small ripples, hardly noticeable in black water, bringing with them an expertly woven sense of dread. But why? From where?

We don’t know.

(21) THE CLASSICS. The comments are fun, too. (If you need the reference explained like I did – clicketh here.)

(22) NETFLIX TRAILERS. New seasons for two genre shows on Netflix.

  • Sense8 — Finale Special First Look

  • Marvel’s Jessica Jones: She’s Back

Just don’t get in her way. Marvel’s Jessica Jones Season 2 coming March 8, only on Netflix.

 

(23) BEFORE THEY WERE FAMOUS. Marcus Errico, in “The secret history of ‘Christmas in the Stars,’ the bonkers ‘Star Wars’ holiday album co-starring Jon Bon Jovi” on Yahoo! Entertainment, discusses the super-cheesy and super-obscure Star Wars Christmas album that came out in 1977.

Unlike his previous cover-heavy albums, Meco started from scratch with the music. He and Bongiovi needed Star Wars-themed Christmas songs and they needed them fast, but they weren’t having much luck with the songwriters they approached. Enter a struggling composer named Maury Yeston, who was trying to put together the musical that would become Nine and could use some extra cash. “I met with Meco and I said, ‘Look, this may sound ridiculous to you, but if you want to do a Star Wars Christmas album you have to have a story,” Yeston told the CBC. “This is obviously Christmas in the world of Star Wars, which means this is in a galaxy far, far away, thousands of years ago. It’s not now. So call it Christmas in the Stars.” Meco was sold on the idea of the album having a through-line and recruited Yeston.

Yeston, who would go on to win a Tony Award for Nine and eventually write the smash Broadway musicals Titanic and Grand Hotel, cranked out nearly 20 Yule-appropriate tunes, nine of which made the final lineup. “The Meaning of Christmas,” minus Yoda, was radically retooled from the original version because Lucas didn’t want any of the traditional, religious-themed lyrics to be associated with the Force. It established the story of the album, set in a factory where droids make gifts for one “S. Claus.”

 

Playlist

[Thanks to JJ, Dave Doering, John King Tarpinian, Andrew Porter, Ed Fortune, Martin Morse Wooster, Chip Hitchcock, Carl Slaughter, and Cat Eldridge for some of these stories. Title credit goes to File 770 contributing editor of the day Kip W.]

Pixel Scroll 12/9/17 All Pixels Great And Small

(1) EVERYBODY’S TALKIN’. Fleen continues its epic roundups about the Patreon controversy and lists the alternatives:

The logic of the decision is, if not in my opinion sound, at least defensible, but Patreon didn’t trust its users enough to defend it. The (best reading) incompetent or (worst reading) dishonest way they treated their user base is a mark that will persist. Kickstarter is smart enough to keep to their plans for Drip, maybe speed things up by 10%, but they won’t rush to open the gates to all; they know that as the invites go ever wider (and when they’re ready, invites are no longer needed), creators that don’t trust Patreon any more will be waiting to shift. Ko-Fi, Venmo, Paypal, Tippeee, Flattr, Google Wallet, and other means of cash transfer are suddenly burning up the search engines.

(2) BOTTOM LINE. Three-time Hugo-winning professional artist Julie Dillon tweeted daggers at Patreon management. Jump onto the thread here:

(3) WITHOUT REPRESENTATION. Rose Lemberg compares the Patreon fee rollout with another fiasco:

(4) WHO VIEW. Here’s the newest Doctor Who Christmas Special trailer.

(5) BRAVE NEW WORDS AWARD CREATED. “Starburst Launches Brave New Words Book Prize”. Nominations are being accepted through the end of the year. Submission guidelines at the link.

STARBURST Magazine, the world’s premier platform for new and exciting genre media, is pleased to announce that it will now have a prize for genre-related writing. The award ceremony will be part of The STARBURST Media City Festival.

The Brave New Words award is for someone who produces break-out literature that is new and bold. We are looking to highlight exciting work that breaks new ground in the field of Cult Entertainment.  Editors, writers, publishers, and bloggers can be nominated. We are looking for works produced in 2017. A shortlist will be announced early 2018 and the winner will be announced at The STARBURST Media City Festival, at Salford Media City 16th – 18th March 2018.

The panel of judges will be announced soon.

(6) ECLECTIC WORKS. The Economist has posted a wide-ranging list of the “Books of the Year 2017” – two fiction titles are of genre interest.

Fiction

Lincoln in the Bardo. By George Saunders. Random House; 368 pages; $28. Bloomsbury; £18.99
Abraham Lincoln’s son dies young and enters a multi-chorus Buddhistic underworld. One of the year’s most original and electrifying novels.

Austral. By Paul McAuley. Gollancz; 288 pages; £14.99
A chase thriller set in late 21st-century Antarctica that combines elements of Jack London, J.G. Ballard and William Gibson. A significant contribution to writing about the anthropocene.

(7) MORE ON COMIC CON LITIGATION. Rob Salkowitz gives Forbes readers a pro-San-Diego spin on the verdict in “Jury Decides For San Diego Comic-Con In Trademark Suit”.

‘David vs. Goliath?’ Farr and Brandenburg also saw advantages in taking their case public, rallying fans to the idea that “comic con” belongs to everyone, not one particular institution. They ran a coordinated campaign on social media including promoted Facebook posts, marshalling an online army of supporters to comment, upvote and retweet their position and paint themselves as altruistic “Davids” standing up to the “Goliath” of SDCC, which is seen by some as the embodiment of commercialism and Hollywood hype.

It was disclosed in court proceedings that the two organizers voted themselves bonuses of $225,000 each as they were mounting a crowdfunding campaign to get fans to pony up for their legal defense. However, the comment threads on SLCC’s posted content indicated that the tactics were effective in mobilizing fan anger.

“Comic-Con is a Brand.” CCI, meanwhile, saved its best lines for the court. They asserted that Comic-Con was a brand recognized to apply exclusively to the San Diego show, and offered in evidence a survey showing that more than 70% of respondents agreed. The validity of the survey was called into question by SLCC attorneys during the trial but the jury appeared to accept it as proof.

“This is a brand that we must protect from these defendants and anyone else who seeks to exploit or hijack it,” Bjurstrom said.

SDCC’s lawyers also asserted the defendants knew this to be the case when they launched their own event, an assertion the jury apparently rejected in their deliberations regarding damages. In filings seeking summary judgment, Comic-Con produced emails and public statements by Farr and Brandenburg boasting of how they sought to “hijack” the media notoriety of SDCC to boost their own event, and settled on the name “comic con” expressly to leverage fan enthusiasm around the festival that draws upwards of 140,000 to San Diego each July and generates billions of media impressions and coverage during its 4-day run.

(8) PAUL WEIMER. Book Smugglers continue their own unique holiday season with “50th Anniversary of The Prisoner – Paul Weimer’s Smugglivus Celebration”.

The Prisoner is the story of an nameless British secret service agent, played by Patrick McGoohan. McGoohan was no stranger to playing spies and secret agents. McGoohan had previously played a British secret service agent, John Drake, in Danger Man. Patrick McGoohan, based on the strength of his performance in that show, had been offered the role of James Bond in Dr. No, but had turned it down. That would have been a rather strange thing if he had accepted, because the no-nonsense John Drake is erudite, thoughtful, not much of a lady chaser and quite different than James Bond in other aspects as well. Whilst filming The Prisoner, McGoohan would also get the role of a British secret agent in the Cold War spy thriller Ice Station Zebra. He also would be asked again, and to turn down again, James Bond, for Live and Let Die.

(9) MOSAIC AUTOBIOGRAPHY. The University of Oregon Libraries’ magazine Building Knowledge has compiled a first-person Ursula K. Le Guin biography [page 20, PDF file] “illustrated with her personal keepsakes, told (mostly) in her own, inimitable words” all drawn from the collections of the UO Libraries.

“If I can draw on the springs of ‘magic,’ it’s because I grew up in a good place, in a good time even though it was the Depression, with parents and siblings who didn’t put me down, who encouraged me to drink from the springs. I was encouraged by my father, by my mother. I was encouraged to be a woman, to be a writer, to be any damn thing I wanted to be.”

Jeffrey Smith sent a note with the link:

It’s a snowy day here in the east, so I’ve been going through the week’s mail. I just received the Fall 2017 issue of the University of Oregon Libraries’ magazine Building Knowledge, and started flipping through it before throwing it out, and found myself reading quite a bit of it. After enjoying the article on the book about Oregon’s marine invertebrates, I continued paging through and was surprised to see an article on Ursula Le Guin (page 20), with some great old family photos (many of which I had seen the last time I was out at UO) — there’s also one on the inside back cover. Then I turned the page and saw my own picture (bottom of page 24).

Guess I won’t be tossing this out after all.

(10) IAN WATSON. An Ian Watson interview at The Bloghole: “Space Marine! And an Interview with a Legend”.

Firstly, Space Marine, and the Inquisition trilogy which started with Draco, were the first “proper” novels set in the Warhammer 40k universe. I know it was a little while ago, but was there much input from Games Workshop at the time, or were you left to your own devices in terms of how you chose to interpret the setting?

[IAN WATSON] Go back quarter of a century and Mr Big was Bryan Ansell, Managing Director/Owner of GW who wanted to read “real” novels by “real” novelists set in his beloved Warhammer domains. As intermediary Bryan hired David Pringle, editor of Britain’s leading SF magazine Interzone, operating from Brighton as GW books. David had already recruited half a dozen authors who regularly contributed stories to Interzone, but no one would touch Warhammer 40K with a bargepole. So it fell to me to read Rogue Trader and many other encyclopedic publications which Nottingham HQ proceeded to send me, including printouts of nonfiction work-in-progress such as the manual of Necromunda, and much else. Bryan Ansell did send me quite a long letter lovingly detailing the sounds which 40K weaponry should make, so that I should be geared up sensually to describe combat. As far as I’m aware (though beware of false memory!) I was given no instructions at all regarding plot or characters and I simply made up the story, within the constraints of what I knew about the 40K universe. I toured the 40K universe, and after a few years the GW games designers decided that they disapproved of a broad approach, compared with single-action novels set on single worlds. (Those are more compatible with games, of course.)

(11) NEW LEADERSHIP FOR WADE CENTER. The Marion E. Wade Center of Wheaton College, Illinois is a major research collection of materials by and about seven British authors: Owen Barfield, G.K. Chesterton, C.S. Lewis, George MacDonald, Dorothy L. Sayers, J.R.R. Tolkien, and Charles Williams. The college has announced who the new directors of the Center will be: “Introducing Newly Named Wade Co-Directors Crystal and David C. Downing”.

Dr. Crystal Downing is currently Distinguished Professor of English and Film Studies at Messiah College, PA. She has published on a variety of topics, with much of her recent scholarship focused on the relationship between cultural theory and religious faith. Her first book, Writing Performances: The Stages of Dorothy L. Sayers (Palgrave Macmillan 2004) received an international award from the Dorothy L. Sayers Society in Cambridge, England in 2009. The thought of Sayers and C.S. Lewis is evident in Crystal’s next two books, How Postmodernism Serves (My) Faith (IVP Academic 2006) and Changing Signs of Truth (IVP Academic 2012). The success of her fourth book, Salvation from Cinema (Routledge 2016) has led to her current book project, The Wages of Cinema: Looking through the Lens of Dorothy L. Sayers. Crystal has received a number of teaching awards and was the recipient of the Clyde S. Kilby Research Grant for 2001 from the Wade Center.

Dr. David Downing currently serves as the R.W. Schlosser Professor of English at Elizabethtown College, PA. He has published widely on C.S. Lewis, including Planets in Peril: A Critical Study of C.S. Lewis’s Ransom Trilogy (UMass 1992), The Most Reluctant Convert: C.S. Lewis’s Journey to Faith (IVP 2002), which was awarded the Clyde S. Kilby Research Grant for 2000, Into the Region of Awe: Mysticism in C.S. Lewis (IVP 2005), and Into the Wardrobe: C.S. Lewis and the Narnia Chronicles (Jossey-Bass 2005)….

They follow Wade founder and first director Clyde S. Kilby (1965–1980), director Lyle W. Dorsett (1983–1990), and director Christopher W. Mitchell (1994–2013).

(12) TODAY IN HISTORY

  • December 9, 1983  — John Carpenter’s adaptation of Stephen King’s Christine premieres.

(13) MAKE THE KESSEL RUN IN 13 STEPS. You could make this. Disney Family has the recipe: “Nothing Says the Holidays Like a Millennium Falcon Gingerbread Starship”. The final step is —

Attach the cockpit (piece #3). Then start decorating the Millennium Falcon! Use frosting to outline the ship, add details, and attach cookies, chocolate wafers, peppermints, chocolates, and candies.

(14) THE GAME IS SLOW AFOOT. The Hollywood Reporter knows “Why ‘Game of Thrones’ Won’t Return Until 2019”.

At least one more full winter will pass until the winter of Westeros arrives one last time, as the final season of Thrones will not arrive until 2019. Production on the eighth and final season began in October and will reportedly run through August 2018 — a full year following the season seven finale, all but dashing any prospects for Thrones‘ arrival in the next calendar year.

“Our production people are trying to figure out a timeline for the shoot and how much time the special effects take,” HBO programming president Casey Bloys told The Hollywood Reporter over the summer about the long wait between seasons of Thrones. “The shooting is complicated enough — on different continents, with all the technical aspects — and the special effects are a whole other production period that we’re trying to figure out. That is a big factor in all of this.”

(15) VERSE ON THE WEB. Here’s the teaser trailer for Spider-Man: Into the Spider-Verse.

Enter a universe where more than one wears the mask. Watch the Spider-Man: Into The Spider-Verse trailer now, in theaters next Christmas

 

(16) DEL TORO DEL MAR. Now that it’s officially out, NPR’s Chris Klimek says  The Shape of Water is An Elegant Fable Of Starfish-Crossed Lubbers”.

The Shape of Water, the latest R-rated fairy tale from Mexican auteur Guillermo del Toro, offers a sense of what might spawn if those two Rimbaldi feature-creatures were to mate. The Spielbergian gentleness wins out, by a lot, making for a hybrid that’s just a little too cuddly to rate with The Devil’s Backbone or Pan’s Labyrinth, del Toro’s twin masterpieces. I wish his new film had spent at least a little time being frightening before it phased into aching and swooning; with its lush evocation of longing amid gleaming midcentury diners and cinemas and Cadillacs, SoW sometimes feels like The Carol of the Black Lagoon. But it’s a transporting, lovingly made specimen of escapism — if it’s possible for a movie that depicts a powerful creep blithely abusing women in the workplace to count as escapism — and easily the strongest of del Toro’s seven English-language features, though it spin-kicks less vampire butt than Blade II did. To place yourself in GDT’s hands, as he tells the type of story he tells better than anyone else, is a rich pleasure.

(17) BOUNCING MATILDA. Can you hear this GIF? BBC explores “Why some people can hear this silent gif”. “An optical illusion for the ears” –apparently not new, but it’s news again.

Dr DeBruine received more then 245,000 responses from people claiming to hear a sound accompanying the animation, with 70 per cent of respondents saying they could hear a thudding sound.

(18) DISSECTING ANOTHER HOLIDAY. Having vented about Thanksgiving in the first, John C. Wright’s second Dangeous column is: “It’s Not Just the Décor. Why the Left Truly Hates Christmas”.

In the culture of life, life is a gift from the hand of the Creator. It is not ours to decide to keep or to destroy. In the culture of life, your life is not your own.

This means your unborn daughter or your grandmother in the terminal ward can live, despite any pragmatic, dead-eyed, empty-hearted, cost-cutting reason to murder her.

That is the end goal of all of this. The end goal is a black mass where innocent life is sacrificed. Nothing is sacred but the whim of Caesar. No one prospers, but Moloch feeds.

Yes, strange as it sounds, that is what is at stake.

The War on Christmas is a war by the unhuman against the human.

(19) END GAME. Bob Byrne tells “the story of how TSR destroyed one of the greatest wargaming companies in history” in “Simulations Publications Inc: The TSR Incursion” at Black Gate.

The death blow came in 1982 and it would be delivered by Brian Blume, who initially looked like a white knight. Well, at least a moderately gray one. Wagner and SPI secured a $425,000 loan from TSR, secured by its assets and intellectual properties (uh oh!).

The majority of the loan was used to repay the venture capitalists, which eliminated that problem, but it was the modern day equivalent of getting an advance on your credit card to pay down the existing balance on another credit card. You still have to pay off that second credit card advance.

Only two weeks later, TSR called in the loan, which SPI had absolutely zero ability to pay back. TSR announced in March that it had “initiated a legal and economic chain of events” to buy SPI. Once it realized the company’s debt situation, it backed off of that and stated that TSR had acquired the company’s assets, but not its debts. I’m still not sure how TSR got away with that.

WOW! How can you look at it in any other light than that TSR lent the money so it could immediately foreclose on SPI and acquire all its games? I mean, yeesh.

(20) NEW ART EXHIBIT. Tove Jansson is profiled by Dominic Green in The New Criterion. “Adventures in Moominland”. “Tove Jansson” opened at the Dulwich Picture Gallery, London, on October 25, 2017 and remains on view through January 28, 2018.

It was a Swedish actress, Greta Garbo, who said she wanted to be alone, and a Swedish director, Ingmar Bergman, who documented what it felt like. It was, however, Tove Jansson (1914–2001), a Swedish-speaking Finn, who may have produced the most truthful record of the inner life of postwar Scandinavia. Best known in the English-speaking world as the illustrator of the Moomintroll comic strips, Jansson was also a painter, cartoonist, and writer of stories for children and adults. In Scandinavia, the breadth of her work is common knowledge. The Helsinki Art Museum contains a permanent Jansson gallery, and sends visitors out on a “Life Path of Tove” sculpture trail around her hometown. There is even a Moomin Museum in nearby Tampere, featuring the Moominhouse, a five-story doll’s house that Jansson built. And posthumously, the Moominlegend has incorporated Jansson’s complex and often unhappy private life.

“Tove Jansson,” now at London’s Dulwich Picture Gallery, is a comprehensive survey, and the first Jansson exhibition designed for a foreign audience

(21) LATE NIGHT LAST NIGHT. Lost ‘Star Wars’ Footage Of Luke Skywalker At The Cantina.

[Thanks to Andrew Porter, Diana Glyer, JJ, John King Tarpinian, Ed Fortune, Jeff Smith, Chip Hitchcock, Stephen Burridge, Carl Slaughter, Martin Morse Wooster, and Cat Eldridge for some of these stories. Title credit goes to File 770 contributing editor of the day Jack Lint.]

Jury Decides in Favor of San Diego Comic-Con

A federal jury ruled today that Salt Lake Comic Con infringed on a trademark held by San Diego Comic-Con by using the words “comic con” in their name without permission. However, the jury did not award the $12 million in damages sought by San Diego Comic-Con, only $20,000, finding no willful infringement of the copyright by SLCC.

The case was tried in San Diego. Defendants Dan Farr and Bryan Brandenburg have said that if the verdict went against them, Salt Lake Comic Con would appeal to the Ninth Circuit Court of Appeals. They have previously told the media the court battle will not affect their ability to put on the next convention, which draws more than 100,000 people to the Salt Palace.

Deseret News reporter McKenzie Romero tweeted some specifics about the jury’s determinations:

[Thanks to Dave Doering for the story.]

Salt Lake Comic Con Defendants Take the Stand

A federal jury has been hearing witness testimony this week in San Diego Comic-Con Inc.’s suit against Salt Lake Comic Con, accused of trademark infringement for using the term “comic con” in its name.

SLCC’s Dan Farr told Facebook followers on Wednesday:

I have been pretty silent about the lawsuit that Bryan [Brandenburg] and myself are involved in but today we ended witness testimonies. I wanted to express the gratitude I feel for all of the love and support we have felt because of all of the thoughts and prayers sent our way. We have received so many messages from people expressing positive thoughts that I can say that it honestly has given me strength and courage that I may not have had otherwise. I sincerely thank everyone for this support. I was very proud of Bryan’s testimony today and feel that he did a great job of telling our story and supporting our position in this. Tomorrow we will hear closing arguments from both sides and then the Jury will deliberate and potentially have an answer for us by the end of the day. Regardless of the outcome, I am so grateful for all of the love and support from everyone and the hard work that has gone into this by everyone involved.

The Deseret News covered Bryan Brandenburg’s appearance — “Salt Lake Comic Con organizer testifies he saw no trademark barrier to ‘comic con’ name”.

Although a Court of Appeals lifted the judge’s gag order on public statements, with the jury out of the room, an SDCC lawyer read one of Brandenburg’s social media posts to the judge —

The post announced that Brandenburg would take the witness stand to show that “comic con is owned by the people, by all the fans that experience the joy and celebration of comic con in cities all over the world.”

[Judge] Battaglia prohibited such arguments in the trial based on objections raised beforehand by San Diego. He warned that if Brandenburg intended to make any such statements during his testimony, “tell him to bring his toothbrush with him.”

The same applied to any of Salt Lake’s other witnesses, Battaglia indicated.

“I will put them in jail if they violate this order. They are not to escalate this case into a war involving the world,” Battaglia said.

When the jury returned, lawyers led Brandenburg through questioning:

As he and his new business partner considered starting a comic and pop culture convention in Utah in early 2013, Bryan Brandenburg fired up his computer.

He reviewed websites of other events, news stories about their conventions and online industry forums discussing them all.

What he found, he testified in court Wednesday, was inconsistency.

Varied spellings, differences in website designs and functionality, and distinct logos and themes all led Brandenburg to believe the events spread all across the country were all independent of each other, and many identified themselves as “comic cons.”

“It led me to believe we could call our company Salt Lake Comic Con,” Brandenburg testified.

…On cross examination Wednesday, Callie Bjurstrom, an attorney for San Diego, questioned Brandenburg on whether he reached out to anyone at San Diego Comic-Con to confirm whether they took issue with the name when Salt Lake chose it.

Brandenburg confirmed he did not.

She also presented two emails from Brandenburg, sent in the early days of Salt Lake Comic Con, discussing the businesses’ plan to “hijack” the popularity of comic con. One of the emails went on to clarify, “Comic con is just the abbreviation for comic convention.”

“Mr Brandenburg, that’s what you have done here, isn’t it? You have taken something that isn’t yours and you are using it for your own purposes, isn’t it?” Bjurstrom pressed.

“No, it is not,” Brandenburg replied.

Bjurstrom also alleged that Brandenburg didn’t do the research he talked about until after receiving the cease and desist order from San Diego Comic-Con. Brandenburg replied that was “absolutely not true.”

Trial began last week – highlights of the opening statement made by SDCC’s lawyer were reported by Courthouse News, including “She claimed the Utah organizers identified their convention as a comic con was a way to ‘steal the Comic-Con brand.’”

The defense rested Wednesday. Attorneys will make their closing arguments on Thursday, then the case will go to the jury.

[Thanks to Dave Doering for the story.]

With Gag Order Stopped, Salt Lake Comic Con’s Brandenburg Has Plenty To Say

Salt Lake Comic Con co-founder Bryan Brandenburg told the Associated Press “they’re going to try crowdfunding to help pay legal bills topping $1 million.” He is free to speak about the case again since the Ninth Circuit rejected a district court’s gag order in the San Diego Comic-Con’s trademark infringement suit against SLCC.

Brandenburg also wrote to supporters:

Here’s our thoughts. We’re considering a crowdfunding plan that allows fans and supporters to support the funding with rewards being tickets for Salt Lake Comic Con and other allied events and 100% of the proceeds will go to the legal fund, crowd funding fees and a documentary about the case. Support of the case will also get you a free copy of “Con Wars”.

That way, if you’re supportive of our cause, you can send a signal to the opposition AND get a ticket to one of our events or one of the events of our allies in the comic con community. What do you think? (Please keep it civil).

The Associated Press story said they did not immediately receive a comment from the San Diego Comic-Con.

Nor did Reuters commentator Alison Frankel, who approved the decision in a column titled “Common sense (and the Constitution!) win in Comic Con gag order appeal”:

On Thursday, a three-judge panel at the 9th U.S. Circuit Court of Appeals dissolved a pair of lower court orders that barred producers of Utah’s Comic Con events from commenting on – or even posting public documents from – their infringement litigation with a San Diego group that claims ownership of the Comic-Con trademark. The appeals court held the orders to be an unjustified, unconstitutional prior restraint on the Utah group’s free speech rights.

That was the only sensible outcome. The trial judge in the Comic Con case, U.S. District Judge Anthony Battaglia of San Diego, issued the orders because he was convinced the Utah group’s website, Facebook and Twitter posts – which included commentary as well as links to articles about the case and documents from the litigation – would irretrievably taint the jury pool in San Diego. The 9th Circuit said Judge Battaglia’s reasoning simply didn’t hold up given the size of the jury pool and the availability of common procedures like voir dire to weed out biased jurors.

Allowing the restraints to remain, the 9th Circuit said, would justify gag orders “in almost any situation where an article is written or a statement is made in a public forum.” In other words, if the 9th Circuit hadn’t struck down the Comic Con restraints, parties’ First Amendment rights would be vulnerable in every case of public interest in the circuit. Thanks to Judges Kim Wardlaw, Ronald Gould and Paul Watford, that dire prospect is foreclosed….

The Deseret News of Utah also ran an article based on the AP story, “Appeals court: Gag order on Salt Lake Comic Con violated First Amendment”.

The district court “clearly erred” in restricting the free speech rights of Salt Lake Comic Con co-founders Dan Farr and Bryan Brandenburg, quoting a 1976 U.S. Supreme Court decision that emphasized “the loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury,” according to the ruling.

[Thanks to Dave Doering for the story.]

Ninth Circuit Lifts Gag Order in SDCC v SLCC Suit

The Ninth U.S. Circuit Court of Appeals this week refused to sustain the district court’s gag order on the litigants in the San Diego Comic-Con’s suit against Salt Lake Comic Con and its organizers, Dan Farr and Bryan Brandenburg. The suit about alleged infringement of SDCC’s trademark on the words “comic con” has been in progress since 2014.

Judge Anthony Battaglia granted the gag order in July at the request of SDCC’s attorneys, swayed by their argument that publicity is tainting the jury pool. Salt Lake Comic Con’s Bryan Brandenburg has worked hard to gain public support for his side in the suit brought by San Diego Comic-Con.

The Ninth Circuit judges overruled the order, saying:

The orders at issue are unconstitutional prior restraints on speech. They prohibit speech that poses neither a clear and present danger nor a serious and imminent threat to SDCC’s (San Diego Comic-Con) interest in a fair trial…

For those interested in greater detail, here are several excerpts from the decision which begins —

This petition for a writ of mandamus arises in the context of a hotly contested trademark action initiated by San Diego Comic Convention (“SDCC”) against the producers of the Salt Lake Comic Con—Dan Farr Productions, Daniel Farr, and Bryan Brandenburg (“Petitioners”)—over the use of the mark “comiccon” or “comic con.” The case has drawn nationwide attention and discussion on traditional and social media alike, in part because “comic cons” have been held in hundreds of venues across the United States. Because defendants actively participated in the public discussions over the internet, on various websites and through social media platforms, including Twitter feeds and Facebook postings, SDCC successfully moved for a sweeping set of “suppression orders” prohibiting Petitioners from expressing their views on the pending litigation and from republishing public documents over social media platforms. Instead, the court ordered Petitioners to prominently post on their social media outlets its order prohibiting comments about the litigation on social media, dubbing this posting a “disclaimer.” Petitioners assert that the court-ordered prior restraints on their speech violate the First Amendment. We agree, and order that the district court vacate the “suppression” and “disclaimer” orders.

Several times in the Ninth Circuit’s decision, they practically teased the district court judge about his inept analysis, and tendency to draw conclusions despite a lack of evidence to support them.

There is no evidence of the extent to which the jury pool was exposed to such coverage, which apparently did not even reach the district court judge. [The district court noted at one hearing about the extensive nature of the postings, “Because for some reason, I must live under a rock. I didn’t see any [of] this stuff.”] There is also no evidence that any of the Facebook users who expressed support for Petitioners in response to Brandenburg’s postings about this case are part of the jury pool, and in any event the record reflects that the total number of such users is insignificant.

The district court’s analysis also disregarded two critical factors for evaluating the likely effect of pretrial publicity on the jury pool: whether the subject matter of the case is lurid or highly inflammatory, and whether the community from which the jury will be drawn is small and rural, or large, populous, metropolitan, and heterogeneous….

…In addition to improperly analyzing each alternative, we note that the district court’s logic disqualified alternatives categorically and would justify imposition of prior restraints in almost any situation where an article is written or a statement is made in a public forum.

Although the Ninth Circuit refused to uphold the gag order because it violated the parties’ Consitutional rights, the panel could not resist pointing out how the order was ineffectively drafted to accomplish its purpose.

The orders are simultaneously unmoored from the interest they purport to protect—the integrity of the San Diego-area jury pool. For example, nothing prohibits Petitioners from contacting and collaborating with San Diego-area media to create newspaper articles, magazine features, or television coverage of the case, and Petitioners would not even have to include the “disclaimer,” which is explicitly limited to Petitioners’ online activities. Nothing prevents Petitioners from mailing all San Diego-area residents annotated copies of the publicly available filings. And nothing prevents Petitioners from holding press conferences in San Diego at which they discuss the case (while avoiding the specific prohibitions in the first protective order).

The parties are expected to fight to the finish. In other rulings handed down by Judge Battaglia in September, he refused to grant summary judgment on the trademark infringement issue because some factual issues can only be resolved by a trial.

[Thanks to David Doering for the story.]

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.

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.]

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.]

Pixel Scroll 3/1/17 Old Man Pixel, He Just Keeps Scrollin’ Along

(1) HELSINKI NEWS. Worldcon 75 is holding an Academic Poster competition and would very much like participation from as many university students and researchers as possible.

We are hosting a science, technology, engineering, mathematics, and medicine (STEMM) poster competition for undergraduate students, graduate students and post-doctoral researchers. The competition is also open to posters that explore the connections between STEMM subjects and SF/fantasy/horror. There will be a €100 prize for the poster that best communicates research to the general public.

Presenters will be able to share their research with an audience that is very interested in science, technology, engineering, mathematics, and medicine, but where many audience members will not have been formally educated in STEMM subjects. In addition, presenters will be invited to give five minute mini-talks on Saturday 12th August 2017 explaining their research. Taken together, the posters and mini-talks represent an exciting opportunity for the presenters to practice research communication, and for audience to learn about cutting-edge research.

If you are interested in displaying a poster then fill in our web form below or follow this direct link to the form.

The deadline for applications is 1st May 2017 and we will inform you of our decision by mid-June.

(2) DREAM FULFILLED. Phil Kaveny, who I know from the Mythopoeic Society, announced the script for his play “The Munitions Factory” is available from Amazon Kindle.  He calls it “My project of a lifetime.”

The Munitions Factory is a play about love, money, revolution, and the military industrial complex. Set in Imperial Germany in 1917 during the worst winter in German history, The Munitions Factory is really about our world in the 21st century. It is a hard driving play that will jar you out of your complacency, and it is also a compelling love story about characters who walk the razor’s edge between desperate love and repulsion that is common in wartime.

(3) DOWN TO THE WIRE. In comments Jonathan Edelstein pointed out that “a team headed by the heroic Jake Kerr is putting together a 2017 Campbell-eligible anthology.”

The submission form is here for any Campbell-eligible authors (first pro publication in 2015 or 2016) who want to submit a sample of last year’s work.

(4) ODDS FAVOR THE HOUSE. The Conservative-Libertarian Fiction Alliance opened voting today for the CLFA Book of the Year Awards.

CLFA an online group of readers, authors and other creative individuals who want to see more freedom-friendly storytelling in the marketplace. We provide our members with networking opportunities as well as a safe, friendly and open environment for both political and creative discussions. We are currently at over 1300 members strong, with new participants joining us on a daily basis….

CLFA Book of the Year Awards, now in their third year, seek to recognize the best in freedom-friendly fiction. To qualify for entry in the CLFA 2017 Book of the Year contest, the work has to be over 50k words and first published in any form in 2016. Our members voted to arrive at the Top 10 list, which is now open to the public for the final vote.

Voting is open until midnight on March 31, 2017. Winners to be announced in April 2017. Voting happens here.

The finalists are:

  • Iron Chamber of Memory by John C. Wright
  • Discovery by Karina Fabian
  • Set to Kill by Declan Finn
  • By the Hands of Men, Book Three: The Wrath of a Righteous Man by Roy M. Griffis
  • Murphy’s Law of Vampires by Declan Finn
  • Chasing Freedom by Marina Fontaine
  • Domino by Kia Heavey
  • Monster Hunter Memoirs: Grunge by John Ringo
  • Souldancer by Brian Niemeier
  • Brings the Lightning by Peter Grant

At the moment Peter Grant’s novel from Castalia House is leaving the field behind. He’s got 50 votes to 25 votes for John C. Wright’s novel (also from Castalia House). Last year’s Dragon Award-winning Souldancer by Brian Niemeier has one vote so far.

(5) INJUSTICE. Australia writer Tom Taylor, of Injustice Gods Among Us and Injustice 2 comics, told his Facebook readers he won’t be at Emerald City Comic Con this week and or other U.S. events.

Sadly, I won’t be attending Emerald City Comicon in Seattle this week.

I have also turned down all other US signing and convention invitations so far this year.

I know I’m far from the only person concerned about traveling to the States at this time, but I wanted to explain my decision.

I want to start by saying this decision was incredibly difficult. I was really looking forward to this trip. I have traveled to the US regularly since 2009. This year, I have four different books with three different publishers, and a TV series to promote. Beyond this, I have fans and colleagues I was looking forward to meeting. I also have many good friends in the States, and I was looking forward to catching up with all of them. Truth be told, I’m missing them.

But America, through no fault of most of its citizens, doesn’t feel like a safe or welcoming travel destination at this moment.

There have been reports of interrogation, phone data downloads, requests for social media accounts, returns and five-year travel bans and everyone from children to the elderly being detained. All of this has many people I’ve spoken to reconsidering or cancelling their US travel plans.

I’ve had friends and people I work with suggest I leave my phone at home, or delete my twitter account for a month before I come.

I refuse those terms.

My twitter account isn’t complimentary towards the current administration, but it’s far from inflammatory and shouldn’t need to be scrutinized to gain entry to a country where free-speech is so highly valued.

Traveling fifteen hours on a plane is bad enough. Travelling towards uncertainty, half-worried about being caught in limbo by overzealous border security, with my wife and children wondering why I haven’t called, is nightmare fuel…..

(Via Comicsbeat.)

(6) PENRIC SEQUEL. Lois McMaster Bujold’s latest novella Mira’s Last Dance (Penric & Desdemona Book 4) is out.

(7) VOTE FOR PAUL WEIMER. Ten days ‘til Down Under Fan Fund voting closes. The deadline is midnight, March 10 (PST). Our Paul Weimer is the only candidate for the trip to the Australian National Convention, but the contribution of $5 or more accompanying your vote will help keep the fund going during and after Paul’s trip. Click here to get started.

CANDIDATE PLATFORM

Paul Weimer

I’m a podcaster for the Skiffy and Fanty podcast, the SFF audio podcast, a noted SF/F book reviewer and a regular panelist at local cons. I am also an amateur photographer. I have only been to one international con, the Worldcon in London in 2014, and would love to broaden my international fandom connections. If I have the honor of being selected, I aim to build the links I already have with Australian fandom (in things like being a prior participant in The Australian SF Snapshot) into face to face interviews, meetings, and more with fans and genre folk at Continuum and elsewhere in Australia. Have camera and recorder and ready to travel!

Nominators: North America: Mike Glyer, Arref Mak, and Jen Zink. Australasia: Gillian Polack and Alexandra Pierce.

(8) GLOWING REVIEWS. Jason continues to burn the midnight oil and has melted down another month of online science fiction and fantasy offerings into a shiny list of favorite stories in “Summation of Online Fiction: February 2017” at Featured Futures.

Thirteen February pro-rate webzines (the same as last month’s list except that a new bimonthly issue of Compelling replaced the defunct Fantastic) produced forty-three stories of 196,912 words. I most appreciated six (amounting to 14% of the whole)…

(9) SMALL WORLD, BIG NEWS. ChiZine Publications has cut an illustrated book deal with George A. Romero, creator of The Night of the Living Dead. They have acquired The Little World of Humongo Bongo, an illustrated book, originally published in French.

The Little World of Humongo Bongo is the tale of fire-breathing giant Humongo Bongo, who lives on the tiny planet of Tongo. Gentle and curious, his world is thrown upside down when he encounters a race of tiny people named the Minus, who initially worship him as a God but then turn on him when they succumb to fear, greed and the lust for power….

The Little World of Humongo Bongo will be published in Fall/Winter 2017, in association with Dave Alexander’s Untold Horror, a multi-media brand dedicated to exploring the greatest horror stories never told.

(10) TODAY IN HISTORY

  • March 1, 1692 — The Salem Witch Trials began in Massachusetts with the conviction of West Indian slave, Tituba, for witchcraft.

(11) CALLING ALL SMOFS. Kevin Standlee shared the news that as of yesterday there was still no bid for the 2019 Westercon, to be selected this July in Tempe.

Any site in Western North America (or Hawaii) is eligible. (Nobody filed by the end of December 2016, so the exclusion zone is suspended.) The filing deadline for the ballot is April 15, 2017. If no bid files by then, site selection won’t have any bids on the ballot, and I probably will have to ask Tempe for a larger room and longer time slot for the Westercon Business Meeting.

So here’s your chance to host a Westercon!

The bidding requirements are in the Westercon Bylaws, Article 3. The bylaws are on the Westercon web site at http://www.westercon.org/organization/business/

It’s approximately the same as Worldcon, with minor differences. The outline is the same: file bidding papers, and if the voters at the administering Westercon select you, you get the bid. If nobody wins, the Business Meeting decides.

(12) SLCC UPDATE. Here’s Bryan Brandenburg of the Salt Lake Comic Con appearing before the Utah Legislature (to the right of the flag). In his address, Bryan emphasized that their intent is to fill the void and not replace the other commercial events.

(13) ROBOMALLCOP. Francis Hamit is sufficiently impressed with the company that he bought some stock. “I thought this might be of interest. Securitas is the largest provider of contract human security officers in the world. Knightscope is a new company with a unique robotic system that does not replace human officers but does greatly extend their range.” And they have some good news.

Knightscope, developer of advanced physical security technologies focused on significantly enhancing US security operations, and Securitas AB (SECU-B.ST), the world’s second largest private security company, announced today that the parties are extending their channel partner agreement through February 2020. The agreement gives Securitas Security Services USA, Inc., a subsidiary of Securitas, rights to offer Knightscope’s technologies to its significant existing customer base, while Knightscope continues to develop new technologies and provide operational support.

Hamit adds:

Any resemblance to the Daleks is strictly coincidental. I am sure.

(14) UNDERSTANDING FUTURISM. New from McFarland, Science Fiction and Futurism: Their Terms and Ideas by Ace G. Pilkington.

Science and science fiction have become inseparable—with common stories, interconnected thought experiments, and shared language. This reference book lays out that relationship and its all-but-magical terms and ideas. Those who think seriously about the future are changing the world, reshaping how we speak and how we think.

This book fully covers the terms that collected, clarified and crystallized the futurists’ ideas, sometimes showing them off, sometimes slowing them down, and sometimes propelling them to fame and making them the common currency of our culture.

The many entries in this encyclopedic work offer a guided tour of the vast territories occupied by science fiction and futurism.

Beware, it will help multiply the number of books on your TBR pile. In his Foreword, David Brin says, “Provocative and enticing? Filled with ‘huh!’ moments and leads to great stories? That describes this volume.”

(15) RING THAT BELLE. John Ostrander talks about The Other in “The Face in the Mirror” at ComicMix.

The most recent issue of Entertainment Weekly featured an article about and interview with Emma Watson, playing Belle in the upcoming live-action Disney version of Beauty and the Beast. She may be best known for playing Hermione in the Harry Potter films. In addition to being very talented, Ms. Watson is also very smart and very articulate. As the article notes, she has also been a leader in feminist causes.

In the article, she’s asked why it is hard for some male fans to enjoy a female hero. (Witness the fanboy furor at the all-female remake of Ghostbusters and the female leads in the last two Star Wars films.) She replied: “It’s something they [some male fans] are not used to and they don’t like that. I think if you’ve been used to watching characters that look like, sound like, think like you and then you see someone [unexpected] up on the screen, you go ‘Well, that’s a girl; she doesn’t look like me. I want it to look like me so that I can project myself onto the character.’. . .for some reason there’s some kind of barrier there where [men] are like: ‘I don’t want to relate to a girl.’”

That sounds right to me. We’ve seen that attitude prevalent not only in movie fans but comic fans as well. There’s a wish fulfillment, a fantasy fulfillment, in comics and comics-related TV and movies, in fantasy as well and we want to be able to easily project ourselves into that. For some male fans, a woman doesn’t cut it. The bias also can extend to seeing someone of a different race as the hero. I think it’s certainly true about sexual identity as well. To appeal to a certain demographic, the hero, the lead, cannot be female, or black, or gay. And heaven forbid they should be all three; tiny minds might explode….

Are you Arab? Do you wear a turban? Are you black? Are you gay? Are you female? Then you are not like me, you are “Other.” And that is inherently dangerous. We cannot be equal. It comes down to “zero-sum thinking” which says that there is only so many rights, so much love, so much power to be had. If I have more of any of these than you, I must lose some for you to gain.

Some of the people feel they don’t have much. I remember a line from Giradoux’s one-act play The Apollo of Bellac: “I need so much and I have so little and I must protect myself.” Sharing is not gaining; sharing is losing what little you may have.

Except it’s not. If for you to keep your power intact, you must deny someone else the power to which they have a right, it’s not really your power. It’s theirs and it’s been stolen.

Pop culture has its part to play. Putting women, blacks, gays, Latinos, and others in the central role helps normalize the notion of equality. Mary Tyler Moore did it; Bill Cosby (gawd help me) did it, Rogue One does it. However, pop culture can – and has – also re-enforced negative stereotypes. So – how do we engage it for more positive results?

Denny O’Neil, many years ago, when he was editing a special project I was working on told me, “You can say anything you want but first you have to tell a story.” That’s your ticket in. “Tell me a story” appeals to the very roots of who we are as human beings. It’s how we explain and codify our world. If you want to open a closed mind, go through the heart. Don’t lecture; engage. Show, don’t tell. Showing women, blacks, LGBTQ, Latinos, Asians, and so on as heroes, as something positive, normalizes the notion. If I can be made to identify with them then The Other is no longer strange; they are me and, thus, not other.

(16) BRADBURY ASSOCIATIONAL ITEM. I’d tell you to start shaking the change out of your piggy bank except that will only work if you filled it with gold sovereigns. Still available on eBay, Ray Bradbury-owned oil painting by Raymond Bayless. Price: $15,000.

Ray Bradbury personally owned Raymond Bayless painting, titled, “War of the Worlds, H.G. Wells”. Art depicts the famous naval battle from the story between a martian “Tripod” weapon and English ironclad, the HMS Thunder Child. Cityscape along the horizon is on fire, and the ship also goes up in flames with a cloud of black smoke, the martian chemical weapon, rising from it. Painting features a color palette of predominantly light blues and greys, accented in orange, black and white. Signed, “Raymond Bayless 91,” at lower left. A sticker on verso is also signed by the artist. Oil on Masonite painting is framed to an overall size of 18.75″ x 24.75″. Near fine. With a COA from the Bradbury Estate.

[Thanks to David Doering, Cat Eldridge, Francis Hamit, JJ, Jonathan Edelstein, and John King Tarpinian for some of these stories. Title credit goes to File 770 contributing editor of the day John From GR.]