Pixel Scroll 5/29/19 Los Scrollitos Dicen Pixelo Pixelo Pixelo

(1) SURVEY SAYS. The Stephen Follows Film Data and Education blog asks “Are video game movies the worst type of adaptations?”

The recent release of Pokémon Detective Pikachu has prompted some readers to get in touch and ask about the quality of movies based on video games.

Most of the questions were variations of: “Are video game movies the worst type of movie adaptations?

To answer this, I looked at all movies released in US cinemas between 1993 and 2018, inclusive. (See the Note section for a more detailed explanation of the dataset and sources).

I’m going to use the Metacritic score and IMDb rating to serve as measures of quality from the perspective of film critics and film audiences, respectively.

The answer, supported by all kinds of statistics and graphs is — yes! 

(2) FUTURE TENSE. Elizabeth Bear’s “No Moon and Flat Calm” is the latest installment in the Future Tense Fiction series. In it, author Elizabeth Bear imagines a crew of safety engineers on a routine trip to a space that are thrown into sudden disaster onboard the station. How will real future humans react to calamity when we’re millions of miles away from home? And how much can training for such potential crises override our natural instincts?

…It was a tiny, artificial world called Waystation Hab, and my four classmates and I were approaching it in a shuttle we’d been crammed into for four months. My classmates and I were all postgraduate apprentices in the safety engineering internship program….

In a response essay, “How Will People Behave in Deep Space Disasters?”, Amanda Ripley, journalist and author of The Unthinkable: Who Survives When Disaster Strikes—and Why, tackles these questions—and what they might mean for those striving to send humans to Mars and beyond.

(3) DEFYING DOOMSDAY AWARD. Nominations for the D Franklin Defying Doomsday Award are being taken until July 31. The award grants one winner per year a cash prize of $200 in recognition of their work in disability advocacy in SFF literature.

This award is possible thanks to D Franklin, our wonderful Patron of Diversity who pledged the top pledge in our Pozible campaign, back in 2015. This allowed the funding of the award for three years, meaning that this will be the last year the award is given, although we hope the recognition helps those awarded in some small way.

The 2016 winner was Disability in Kidlit, a website and resource for discussing the portrayal of disability in middle grade and young adult literature.

The 2017 winner was the Kickstarter campaign for Disabled People Destroy Science Fiction, a special issue of Uncanny Magazine.

The Defying Doomsday Award jury comprises Twelfth Planet Press publisher, Alisa Krasnostein, and Defying Doomsday editors, Tsana Dolichva and Holly Kench.

Eligible works include non-fiction or related media exploring the subject of disability in SFF literature. Works must have been published in 2018. Use this form to submit nominations.The winner will be announced in September 2019.

(4) SATIRE STORYBUNDLE. You have three weeks left to purchase The Science Fiction and Fantasy Satire Bundle, curated by Nick Mamatas.

For StoryBundle, you decide what price you want to pay. For $5 (or more, if you’re feeling generous), you’ll get the basic bundle of four books in any ebook format—WORLDWIDE.

  • Jesus and the Eightfold Path by Lavie Tidhar
  • A Pretty Mouth by Molly Tanzer
  • The People’s Republic of Everything by Nick Mamatas
  • TVA Baby by Terry Bisson

If you pay at least the bonus price of just $15, you get all four of the regular books, plus EIGHT more!

  • Koontown Killing Kaper by Bill Campbell
  • The Good Humor Man by Andrew Fox
  • Scorch by A.D. Nauman
  • The Anarchist Kosher Cookbook by Maxwell Bauman
  • Nightmares and Geezenstacks by Fredric Brown
  • Broken Piano for President by Patrick Wensink
  • Leech Girl Lives by Rick Claypool
  • The Word of God by Thomas M. Disch

(5) THE BRIGHT SIDE. James Davis Nicoll bucks the trend of fans who gripe about incomplete series — “Hope Springs Eternal: Five Unfinished Series That Remain a Joy to Read” at Tor.com. Being “of a certain vintage,” as soon as I saw James’ title this very series did, in fact, spring to my mind –

Of course, if one is of a certain vintage, one will have lived through Alexei Panshin’s annus mirabilis. In 1968, Panshin published three novels, two of which (Star Well and The Thurb Revolution) focused on wandering interstellar remittance man Anthony Villiers, who righted wrongs with wit and panache. 1969 saw the release of the third volume, Masque World, which raised what seemed at the time reasonable expectation of a new Villiers book every year or so. As it turns out, it has been (counts on fingers) half a century since the third book was published. Hope springs eternal.

There are footnotes at the end of the article, in which the final line is –

Ditto Pratchett’s Discworld. I’d like more, but I’m not dissatisfied.

Well said.

(6) GOOD OMENS GETS THEATRICAL DEBUT. BBC has the story — “Good Omens: Seat reserved for Terry Pratchett at world premiere”.

There was an empty seat in the front row when Good Omens had its world premiere in London on Tuesday.

But that’s not because organisers had trouble filling the gigantic (and newly reopened) Odeon in Leicester Square – quite the opposite, the event was packed out.

In fact, a seat was deliberately kept vacant for Terry Pratchett, the co-writer of the original novel, who died in 2015.

As a tribute, his trademark hat was placed in the front row as the premiere got under way.

As Peter White noted in Deadline, it’s highly unusual for a TV series such as Good Omens to “receive a glitzy world premiere in Leicester Square” as that’s “a feat usually reserved for big-budget superhero movies”.

Refresher for anyone not familiar with the long history: “Good Omens: How Neil Gaiman and Terry Pratchett wrote a book” by Neil Gaiman.

(7) LEM DISCOVERY. Read “’The Hunt’: Stanislaw Lem’s Unknown Story”, translated into English, at “Przekrój” Quarterly.

A previously unknown yet print-worthy work by Stanis?aw Lem (unearthed from his immense archives; combed through by his son Tomasz and the author’s personal secretary Wojciech Zemek for the last 16 years) is truly a rare find. This is because the author of The Cyberiad unceremoniously burnt any and all of his own writings that he was not pleased with, in a bonfire at his home in the Kraków suburb of Kliny. He cast quite a lot of texts into the flames there, given that he wrote with such great ease. By what miracle did “The Hunt” manage to avoid the fate of other works that went up in smoke?

(8) ETCHISON OBIT. Horror author Dennis Etchison (1943-2019) died during the night on May 29 reports his Facebook page. File 770 obituary here. Andrew Porter has two photos of him taken earlier in his career, at the Nebulas in New York City, and at a British Fantasy Convention, holding an award.

(9) TODAY’S BIRTHDAYS.

[Compiled by Cat Eldridge.]

  • Born May 29, 1906 T. H. White. Best known obviously for the wonderful The Once and Future King which I read a long, long time ago. Back in the Thirties, he wrote Earth Stopped and its sequel Gone to Ground, sf novels. Gone to Ground contains several fantasy stories which were later reprinted in The Maharajah and Other Stories. ISFDB also lists Mistress Masham’s ReposeThe Elephant and the Kangaroo and The Master as the other novels by him, plus the aforementioned story collection. (Died 1964.)
  • Born May 29, 1909 Neil R. Jones. Early pulp writer who some claim coined the word “ astronaut” which appeared in his first story, “The Death’s Head Meteor”, which was published in Air Wonder Stories in 1930. His stories taken together fit within the idea of a future history like those of Smith and Heinlein. (Died 1988.)
  • Born May 29, 1930 Richard Clifton-Dey. Illustrator of many SF book covers including The Wizard of Venus by Edgar Rice Burroughs. He did not sign many of his originals so his widow has the final say what is an original and what is not. (Died 1997.)
  • Born May 29, 1952 Louise Cooper. She wrote more than eight works of fantasy and was best known for her Time Master trilogy. Most of her writing was in the YA market including the Sea Horses quartet and the Mirror, Mirror trilogy. (Died 2009.)
  • Born May 29, 1953 Danny Elfman, 66. Ok, pop quiz time. How many genre films can you name that he composed the music for? I came up with BeetlejuicePee-wee’s Big Adventure, Batman, Mars Attacks!Edward Scissorhands, Batman Returns and the Men in Black films. And I’d forgotten he was in Oingo Boingo, a truly great pop band. 
  • Born May 29, 1958 Annette Bening, 61. Barbara Land in Mars Attacks!, Susan Anderson in What Planet Are You From?, and the Supreme Intelligence / Dr. Wendy Lawson in Captain Marvel
  • Born May 29, 1960 Adrian Paul, 59. Duncan MacLeod on Highlander. And yes, I watched the whole bloody series. His first appearance in genre circles was as Dmitri Benko in the “Ashes, Ashes” episode of the Beauty and the Beast series. He shows up next as Prospero in Masque of the Red Death. He’s got several series before Highlander, War of the Worlds (not bad at all) where he was John Kincaid, a short-lived role as Jeremiah Collins on Dark Shadows and an even shorter-lived rolled on Tarzán as Jack Traverse. His first post- Highlander Sf series is Tracker where he plays alien shapeshifter Cole / Daggon.  A decade ago, he returned to a familiar role in Highlander: The Source. His last series role was playing Dante on Arrow.  Note: this is not a complete list. 
  • Born May 29, 1987 Pearl Mackie, 32. Bill Potts, the companion to the Twelfth Doctor. The first openly gay companion in the history of the series. She’s got a podcast called Forest 404 which the BBC calls an “immersive sci-fi drama”.  And finally she’s in the BBC Radio’s The Conception of Terror: Tales Inspired by M. R. James as Mika Chantry. 

(10) COMICS SECTION.

  • Lio finds Gaiman fans in the most unexpected places.

(11) THESE ARE THE TOURISTS YOU’RE LOOKING FOR. Mashable thinks it’s going to work this way: “Stormtroopers will enforce four-hour time limit at Star Wars: Galaxy’s Edge”.

Star Wars: Galaxy’s Edge, the $1-billion Disneyland attraction set to open May 31, will employ Stormtroopers to enforce a strict time limit on visitors. The Los Angeles Times reports that the four-hour rule is only one part of the park’s efforts to avoid overcrowding and a situation that feels as claustrophobic as being stuck in an Imperial trash compactor with a wookiee. 

During the first three weeks after opening, guests will be required to make reservations and wear colored wristbands that designate their time slot. Once that four hours expires, the Galactic Empire forces will escort visitors out in a way likely more polite than normal Stormtrooper protocol.

(12) AND TO THINK THAT I SAW IT ON AMAZON STREET. ComicMix’s Glenn Hauman sent the link because he doesn’t want Filers to miss a new literary work that navigates the space created by his legal victory over Doctor Seuss Enterprises: “Oh, That Book Of Chuck’s, Though!”

There’s really no way not to feel pioneering
when Chuck Tingle‘s collection makes us feel like cheering.
We hope DSE will not try now to state
that this was a market they could– penetrate.
Perhaps they have learned to keep their case shut.
You limit fair use… you’ll get slammed in the butt.

More details on Tingle’s website:

Have you ever considered how handsome a sentient, physically manifested state was? Or dreamed about traveling abroad and having a fling with some charismatic living continent? This love of locations is an erotic fantasy as old as time, and who better to bring it to life than the world’s greatest author, two-time Hugo Award finalist Dr. Chuck Tingle. 

(13) TECH TESTIMONY. Fast Company has assembled “An oral history of USB, the port that changed everything”: “Ajay Bhatt was struggling to upgrade his computer when he began to see the need for one plug to rule them all.”

AB: I didn’t get any positive response, so I decided to make a lateral move within the company to a sister group, and that’s when I started working for a gentleman named Fred Pollock. At that time, there were a handful of Intel Fellows in the company. These are the topmost technical folks at Intel. He’s an incredibly smart person and one of the top computer scientists. I spoke to him, and his view was, “I don’t know. You know what? Go convince yourself.” That’s all I needed. I needed somebody who would be open-minded enough to allow me to take this risk.

I didn’t just rely on him. I started socializing this idea with other groups at Intel. I talked to business guys, and I talked to other technologists, and eventually, I even went out and talked to Microsoft. And we spoke to other people who ultimately became our partners, like Compaq, DEC, IBM, NEC, and others.

Basically, I had to not only build a life inside the company, but we had to ally with people outside, and obviously, each company or each person that I spoke to had their own perspective on what it ought to be. One thing that was common was that everybody agreed that PCs were too hard to use and even hard to design around. Something had to be done, and that’s where it all began.

(14) MANHATTANHENGE. Wow, this is news to me! From the New York Times: “Manhattanhenge 2019: When and Where to Watch, If It’s Not Too Stormy”.

New Yorkers, get ready for another chance to marvel at Manhattanhenge.

For two days every spring and summer, the sunset lines up with Manhattan’s street grid, creating a gorgeous celestial spectacle. For a brief moment, the sun’s golden rays illuminate the city’s buildings and traffic with a breathtaking glow.

“It’s the best sunset picture of the year that you will have in this beautiful city,” Jackie Faherty, an astrophysicist at the American Museum of Natural History said to The Times in a 2017 interview. “Sometimes they call it the Instagram holiday.”

Manhattanhenge’s name is a homage to Stonehenge, the monument in England believed to have been constructed by prehistoric people and used in rituals related to the sun. During the summer solstice, the sunrise there is perfectly framed by its stone slabs.

… Some 200 years ago, the architects who created the plan for modern Manhattan decided to build it using a grid system with avenues that run north and south and streets east and west. That choice inadvertently set the stage for Manhattanhenge, according to Dr. Faherty.

(15) ONLY YOU CAN OUTRUN FOREST FIRES. Science Alert reports “Wild New Study Links Humans Walking Upright to Exploding Stars Millions of Years Ago “

It’s not as crazy as it sounds. According to a hypothesis astronomers have laid out in a new paper, the exploding stars at the end of their lives – supernovae – could have bathed Earth in cosmic radiation, beginning around 8 million years ago, and peaking around 2.6 million years ago.

This radiation would have ionised the lower atmosphere, likely resulting in an increase in cloud-to-ground lightning strikes. This, in turn, could have increased forest fires – eradicating the forests of Africa, where early humans are thought to have originated, and allowing the savannah to take their place.

You see, bipedal locomotion confers a number of advantages to human species, especially in the African savannah where height increases visibility.…

“Not as crazy as it sounds” – but maybe “not as convincing as you’d like,” too.

(16) HUGO FINALISTS. Garik16 continues with “Reviewing the 2019 Hugo Nominees: Best Novelette”.

In this post, I’ll be going over the nominees for Best Novelette.  Novellettes are defined by the Hugos as works between 7,500 and 17,500 words, so these are stories that can be read in a single sitting, although, they still require a little bit of time to do that (for the longer end stories).  I’m generally not the biggest reader of shorter fiction, so most of the nominees here were new to me (I’d only read 2 of the 6 nominated stories prior to the packet being released).  Still, I really enjoyed pretty much all of the nominees – so I think all of these six are award worthy, and choosing how to rank them was not particularly easy….

(17) BOOKSTORE BLUES. “WH Smith ‘worst’ retailer in UK, says Which? survey”.

WH Smith has been ranked the UK’s worst High Street retailer for the second year in a row, according to a Which? survey of 7,700 shoppers.

…The poll, which covered 100 retailers, rated the chain “very poor” for value for money and in-store experience.

Last week, outgoing boss Steve Clarke admitted it was an issue, telling the BBC it was the “most painful aspect of my job”.

He said for some stores, there was a trade-off between being profitable or redecorating.

(18) NOT ALL IN YOUR HEAD. BBC investigates “Why you shouldn’t trust your food cravings”.

…Most of us know what it feels like to experience food cravings. We usually crave higher calorie foods, which is why cravings are associated with weight gain and increased body mass index (BMI). But the story we tell ourselves about where these cravings come from could determine how easily we give into them.

It’s widely believed that cravings are our body’s way of signalling to us that we’re deficient in a certain nutrient – and for pregnant women, their cravings signal what their baby needs. But is this really true?

Much of the research into cravings has instead found that there are probably several causes for cravings – and they’re mostly psychological.

…There is evidence suggesting that the trillions of bacteria in our guts can manipulate us to crave, and eat, what they need – which isn’t always what our body needs.

This is because microbes are looking out for their own interests, says Athena Aktipis, assistant professor at Arizona State University’s department of psychology. And they’re good at doing this.

“The gut microbes that are best at surviving inside us end up being more frequent in the next generation. They have the evolutionary advantage of being better at affecting us in ways that get us to preferentially feed them,” she says.

(19) MOOD RING FOR MILLENNIALS? BGR: “Amazon reportedly developing a wearable that recognizes human emotions”. Mike Kennedy says, “I don’t think anything needs to be said past, ‘Gee, what could go wrong with that?’”

In its latest effort to be involved in every aspect of our lives, Amazon is reportedly working on a new voice-activated wearable device that is capable of recognizing human emotions. According to Bloomberg, the wearable will be worn on the wrist, like a watch, and is described as a health and wellness product in internal documents. Lab126, the team behind the Echo and Fire Phone, is working on the device alongside the Alexa voice team…

(20) VIDEO OF THE DAY. In The Quintet of the Sunset on Vimeo, Jie Weng looks at how five cats, including Business Cat, Workout Cat, and Race Car Cat, view their owner.

 [Thanks to Mike Kennedy, Cat Eldridge, Hampus Eckerman, Glenn Hauman, Chip Hitchcock, ULTRAGOTHA, JJ, John King Tarpinian, Martin Morse Wooster, Daniel Dern, Carl Slaughter, and Andrew Porter for some of these stories. Title credit goes to File 770 contributing editor of the day Jayn.]

Court Rules Star Trek/Seuss Mashup Is Copyright Fair Use

ComicMix was the winner today when a Federal judge decided the remaining copyright issues in Dr. Seuss Enterprises’ suit to stop the Oh, The Places You’ll Boldly Go! project.

Dr. Seuss Enterprises (DSE) had claimed the crowdfunded book, featuring the writing of David Gerrold and the art of Ty Templeton, infringed their copyright and trademark for Dr. Seuss’ Oh the Places You’ll Go! A court ruling in May 2018 disposed of DSE’s trademark claims, but the copyright claims remained to be litigated.

In granting ComicMix’s motion for summary judgment U.S. District Court Judge Janis Sammartino explained: “Summary judgment is appropriate where the Court is satisfied that there is ‘no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.’”  

ComicMix argued there was no copyright infringement because Boldly is fair use, and under applicable caselaw “the doctrine of ‘fair use’ shields from infringement particular uses of a copyrighted work.” 

Judge Sammartino wrote that Congress set forth four non-exclusive factors for use 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;

The Hollywood Reporter’s Eriq Gardner explained the judge’s analysis of this factor in his story:

In an attempt to foreclose a successful fair use defense, Dr. Seuss Enterprises pointed to the Federal Circuit’s 2018 decision in Oracle America, Inc. v. Google. That case deals with copyrighted Java API code and whether Google infringes when it makes its own version intended to allow software programs to communicate with each other. It’s a high-stakes battle that has a good shot of being taken up by the Supreme Court. When it comes to the purpose and character of Boldly, Dr. Seuss analogizes the book to what Google did with Java.

“The Court does not find Oracle persuasive,” responds the judge, addressing what she sees as the key distinction. “in Oracle, the Defendants copied the 37 SE API packages wholesale, while in Boldly ‘the copied elements are always interspersed with original writing and illustrations that transform Go!’s pages into repurposed, Star-Trek-centric ones.’ Defendants did not copy verbatim text from Go! in writing Boldly, nor did they replicate entire illustrations from Go! Although Defendants certainly borrowed from Go!—at times liberally—the elements borrowed were always adapted or transformed. The Court therefore concludes, as it did previously that Defendants’ work, while commercial, is highly transformative.”

(2) The nature of the copyrighted work;

The judge finds that the factor of the nature of the copyrighted work — Dr. Seuss’ Oh, the Places You’ll Go — slightly favors the plaintiff before addressing the amount and substantiality of the portion used.

(3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole;

Judge Sammartino said that she considered the situation in the current case to be comparable to a suit about a poster created to advertise Naked Gun 33-1/3: The Final Insult:

Although the Court ultimately concluded that Boldly was not a parody, the Court concludes that this csse is most analogous to the situation in Leibovitz v. Paramount Pictures Corp. In Leibovitz, the defendant was alleged to have infringed a famous photograph of a nude, pregnant  Demi  Moore  that  appeared on the cover of the August 1991 issue of Vanity Fair. The photo of Ms. Moore was itself “a well known pose evocative of Botticelli’s Birth of Venus.”

As part  of  an  advertising  campaign  for  an  upcoming  movie,  the  defendant  commissioned  a  photographer  to  take  a  photo  of  another  nude,  pregnant  woman  in  a  similar  pose,  and  “[g]reat effort was made to ensure that the photograph resembled in metic ulous detail the one  taken  [of  Ms.  Moore]  by  [the  plaintiff],”  from  the  model’s  posture  to  her  hand  placement to the use of a large ring on the same finger.  The defendant’s photograph was then digitally enhanced using a computer to make the skin tone  and body shape more closely resemble that of Ms. Moore in the plaintiff’s original photo.  Leslie Nielsen’s face was superimposed on the model’s body, “with his jaw and eyes positioned roughly  at  the  same  angle  as  Moore’s,  but  with  her  serious  look  replaced  by  Nielsen’s mischievous smirk.”  The finished poster advertised that the movie was “DUE THIS MARCH.” 

The Second Circuit stressed that, “[i]n assessing the amount and substantiality of the portion used, [the court] must focus only on the protected elements of the original.”  Consequently,  the  court  reasoned,  the  plaintiff  “is  entitled  to  no  protection  for  the  appearance in her photograph of the body of a nude, pregnant female,” but rather  only  “the  particular  way  the  body  of  Moore  is  portrayed.”   

The  court  clarified that, “[e]ven though the basic pose of a nude, pregnant body and the position of the hands, if ever protectable, were placed into the public domain by painters and sculptors long before Botticelli, [the plaintiff] is entitled to protection for such artistic elements as the particular lighting, the resulting skin tone of the subject, and the camera angle that she selected.” The court ultimately concluded that the defendant “took more of the [plaintiff’s] photograph than was minimally necessary to conjure it up, but” that there was “little, if any, weight against fair use so long as the first and fourth factors favor the” defendant. 

As in Leibovitz, the Court must take care in distinguishing precisely those elements of the Copyrighted Works to which Plaintiff is entitled copyright protection.  Examining the cover of each work, for example, Plaintiff may claim copyright protection in the unique, rainbow-colored  rings  and  tower  on  the  cover  of  Go!  Plaintiff,  however,  cannot  claim  copyright over any disc-shaped item tilted at a particular angle; to grant Plaintiff such broad protection would foreclose a photographer from taking a photo of the Space Needle just so, a result that is clearly untenable under —and antithetical to—copyright law.  But  that  is  essentially  what  Plaintiff  attempts  to  do  here.    Instead  of  replicating  Plaintiff’s rainbow-ringed  disc,  Defendants  drew  a  similarly-shaped  but  decidedly  non-Seussian  spacecraft—the  USS  Enterprise—at  the  same  angle  and  placed  a  red-and-pink striped planet where the larger of two background discs appears on the original cover. Boldly’s cover also features a figure whose arms and hands are posed similarly to those of Plaintiff’s narrator and who sports a similar nose and eyes,  but Boldly’s narrator has clearly been replaced by Captain Kirk, with his light, combed-over hair and gold shirt with black trim, dark trousers, and boots. Captain Kirk stands on a small moon or asteroid above the Enterprise  and,   although  the  movement of the moon evokes the tower or tube pictured on Go! ’s cover, the resemblance is  purely  geometric.   

Finally,  instead  of  a  Seussian  landscape,  Boldly’s  cover  is appropriately set in space, prominently featuring stars and planets. In short, “portions of the old work are incorporated into the new work but emerge imbued with a different character.” 

(4) The effect of the use upon the potential market for or value of the copyrighted work.

The Hollywood Reporter summarized the court’s take on the last factor:

When it comes to Oh, the Places You’ll Boldly Go!, the judge concludes that it isn’t likely usurp its predecessor’s position in the children’s book market because ComicMix has targeted those familiar with both the Seuss and Trek canon with a work that includes some sexual innuendo (hello, Captain Kirk). The derivatives market is called a “closer question,” but the judge notes that Dr. Seuss has “introduced no evidence tending to show that it would lose licensing opportunities or revenues as a result of publication of Boldly or similar works.”

Judge Sammartino, finding this factor did not favor either party, invoked the Supreme Court’s statement in Fogerty v. Fantasy Inc. to justify ruling for ComicMix:

The Supreme Court has admonished, “[t]he primary objective of copyright is not to reward the labor of authors, but ‘to promote the Progress of Science and useful Arts.’   To this end, copyright  assures  authors  the  right  to  their  original  expression,  but encourages  others  to  build  freely  upon  the  ideas  and  information  conveyed  by  a  work.”   

Following the ruling an attorney for the losing side, Dr. Seuss Enterprises, said the group was “considering all of its options, including an immediate appeal to the Ninth Circuit.”

The text of today’s decision also revealed ComicMix originally planned to follow up Boldly with two other Suess/Trek mashups, “Picard Hears A Q” and “One Kirk, Two Kirk, Red Shirt, Blue Shirt,” whose fate is now uncertain.

[Thanks to Eric Franklin for the story.]

Crystal Huff’s Arisia Statement Evokes Strong Response

As reported earlier today in the Pixel Scroll, Crystal Huff told why she is calling it quits with the Boston convention Arisia: “Why I’m Not At Arisia Anymore: My Rapist is President. Again.” Her 6,000+ word statement explains the charge and a great deal of other history. In the hours her post has been online it’s generated a powerful response.

Two of Arisia 2019’s guests of honor, Daniel Jose Older and Malka Older, say “we’re not GoHing the con as things stand” —

Nalo Hopkinson told Huff that Arisia 2020 had asked her to be GoH and her post had helped her decide —

The Arisia committee, inundated with messages, promises a reply this weekend.

Claire Rousseau and Jim C. Hines have written insightful comments about the issues raised in Crystal’s post.

Claire Rousseau’s Twitter thread starts here.

Jim C. Hines reblogged Crystal Huff’s post with some introductory comments:

…Conventions have gotten better in recent years about establishing policies on abuse and harassment. When it comes to following and enforcing those policies, the record is spottier. I know of some instances where conventions have done an amazing job of following through and working to promote the safety of their attendees.

Crystal’s experience, when she reported this to Arisia, was … well, it sounds like she’s correct when she says she doesn’t think Arisia was prepared to deal with this situation. It’s one thing to create a policy. It gets messier when the accusation is against someone you know. Possibly a friend. Possibly an officer in your organization….

People are reevaluating their plans to attend or work on the con.

Marie Brennan responds to Huff’s statement in “On Arisia”

…This is not a con I can trust with my safety, or that of anybody I know. So while I did not have any existing plans to attend Arisia — just a vague “ooh, I should do that someday!” intention — I now have very firm plans not to attend. Not this year, not next year, not any year until and unless this is made better. And if you’re an Arisia attendee, I encourage you to rethink that plan.

Kate Nepveu has ended her participation in the con:

Effective immediately, please remove me from the org chart as Tiptree Bake Sale staff and from programming as a participant. I will not be attending Arisia until Noel Rosenberg is removed as President of Arisia, Inc. and Division Head of Operations, and is banned from the convention….

Many people have tweeted their concerns or outrage to the Arisia committee, including these writers, editors, and conrunners:

Some additional comments on Facebook:

Richard Man

We were at Arisia one to whatever it was at 1993. Always thought it would be fun to go again, but not until this situation is redressed.

Glenn Hauman

Well, now I don’t feel nearly as bad as I did for not going this coming year. The convention I thought I knew has been changing even more that I thought, the staff member near and dear to my heart has been dead for a decade. I think I can let this one go now.

Nick Mamatas

File under “Geek Culture Must Be Destroyed.” It’s horrifying, what the convention put Huff through to make sure the rapist could…be in charge of safety at the convention. And now he’s President of it.

Juliette Wade

I won’t be attending this convention.

ComicMix Whittles Away Another Leg of Star Trek/Seuss Mashup Lawsuit


Could the day be coming when Dr. Seuss Enterprises doesn’t have a leg left to stand on? In November 2016, 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! A new ruling has disposed of the trademark claims.

Although ComicMix suffered a setback in December 2017 when the federal Judge Janis L. Sammartino allowed both the copyright and trademark claims to go forward, on May 21, she applied a recent Ninth Circuit Court of Appeals precedent and granted ComicMix’s motion for judgment on the trademark issues. Only the copyright claims remain to be litigated.

The Hollywood Reporter article “‘Star Trek’/Dr. Seuss Mashup Creator Beats Trademark Claims” briefed the reasons for ComicMix’s latest victory.

At the time, ComicMix also argued that its work merited First Amendment protection under a test established in Rogers v Grimaldi, a 1989 decision that resulted from a lawsuit brought by the actress Ginger Rogers over the Fellini film Ginger and Fred. The test directs judges to examine whether use of a mark has artistic relevance, and if so, whether the work is explicitly misleading. Although ComicMix’s Boldly appeared to Sammartino to meet the criteria for protection, the judge highlighted a footnote in the Rogers decision that provided an exception for “misleading titles that are confusingly similar to other titles.”

…And but, something happened while all this was going down.

Fox Television was caught up in a fight over the title of Empire, its hit show about a feuding music-industry family.  Empire Distribution — a record label and publishing company that has worked with such hip-hop artists as T.I., Snoop Dogg and Kendrick Lamar — had brought its own trademark claims, but Fox prevailed, thanks to the Rogers test. This case went all the way up to the 9th Circuit Court of Appeals, which affirmed Fox’s win.

Soon after Dr. Seuss Enterprises scored its victory in December, ComicMix pointed to the Empire case as having disavowed the Rogers footnote that had created an opening for trademark claims over titles.

Sammartino agrees, writing that the 9th Circuit “applies the Rogers test rather than the likelihood-of-confusion test” and that the 9th Circuit states “that the [Rogers] footnote had only ever been cited once by an appellate court, and even then the Second Circuit had rejected its applicability.”

The parties are now scheduling witness depositions and preparing for the next round of litigation.

Pixel Scroll 1/11/18 Agent 770, With A License To Scroll

(1) YOUNG PEOPLE. James Davis Nicoll asked the crew at Young People Read Old SFF their response to Octavia Butler’s “Bloodchild”. Two of the four readers said it was their first experience with the author. (The others didn’t say one way or the other.)

Octavia E. Butler was one of a small handful of African American SF authors back in the 1970s, an era when SF was often whiter than a crowd of naked albinos holding loaves of Wonder Bread in a snowstorm. Butler’s stories often focused on people doing their best from a position of profound weakness, striving despite slavery, apocalypse or worse. This example of her work won the 1984 Nebula Award for Best Novelette, the 1985 Hugo Award for Best Novelette, the 1985 Locus Award for Best Novelette and the 1985 Science Fiction Chronicle Award for Best Novelette.

Young People Read Old SFF also recently tackled “The Light of Other Days” by Bob Shaw. Some liked it, but Mikayla did not disappoint….

Bob Shaw was born in Northern Ireland. Over the course of the three decades of his career, he won three BSFA awards and was nominated for the Hugo, the Locus, the Campbell, and the Clarke.

The Light of Other Days is an atypical Shaw. It is a classic idea story, a story in which an author tries to show unexpected implications of some new development. Slow glass, a material in which the speed of light is so slow it takes decades for light to pass from one side to the other of a thin sheet, was one of the rare examples of an idea veteran editor John W. Campbell considered actually original at the time of publication. It was shortlisted for the Nebula Award for Best Short Story and for the Hugo Award for Best Short Story.

Of course, just because professionals and fans liked a story half a century ago is no guarantee modern readers will. Let’s see what they thought….

(2) HUNGARIAN BLOGGER. Bence Pintér recommends the new English-language blog of Balázs Farkas, a Hungarian author; especially his post on Black Mirror.

Black Mirror needs to reinvent itself. The sooner, the better.

Don’t get me wrong. The fourth season has cleverly written, beautifully directed episodes throughout, as usual. It’s still the prime science-fiction anthology, and one of the most relevant TV series, even if contemporary science-fiction writers and futurologists already explored most of its ideas. The problem is, the new season didn’t have any new ideas, at all…

Also recommended, his thoughts on the comedy in Get Out

Last year Get Out was nominated for a Golden Globe in the category of Best Motion Picture – Musical or Comedy. Many consider Get Out one of the best horror films of 2017. I was intrigued for months, but I rarely watch movies nowadays, but I decided to see Get Out for myself and see whether it’s a comedy or a horror. Well, I found out it’s neither, but can be interpreted as both, and it’s really fascinating to see why.

And on the short fiction of Aleister Crowley.

“Do what thou wilt shall be the whole of the Law.”

The interesting thing about Aleister Crowley is that he really believed this. We don’t consider him a fiction writer (at least not primarily), but he went and did it for a while, because he could do whatever and whenever. So he wrote fiction, but only between 1908 and 1922, that’s merely fifteen years from his prolific and incredibly versatile mind. This was an era when he approached the literary world as a critic and writer, although at first quite reluctantly (“I had an instinctive feeling against prose; I had not appreciated its possibilities,”  he wrote, later admitting that“the short story is one of the most delicate and powerful forms of expression”). He wasn’t only a writer, but he still made sure that his legacy includes a large collection of miscellaneous prose, now presented in a prestigious (and affordable) Wordsworth edition, titled The Drug and Other Stories.

(3) INSIDE THE SHELL. In The New Yorker, Teddy Wayne tells why “A Storm Trooper Reconsiders His Support for Snoke”.

…Except things started changing when Snoke passed that big tax bill. The very next day, we’re told our pensions are getting cut—which hardly matters, because Storm Troopers have a seventy-five-per-cent fatal occupational-injury rate. (Some from combat, but mostly guys falling into chasms off narrow ship walkways that for some reason don’t have guardrails.)

Sure, the galaxy’s health insurance wasn’t perfect, but at least I got a little subsidy from Vadercare. Snoke repeals the individual mandate and all these Storm Troopers, fresh out of the academy, thinking they’re invincible, go, “Awesome—I’m young and healthy, Han Solo’s dead, screw it.” My premiums suddenly shoot through the roof, so I’m going without it this year and hoping I don’t run into a freaking Jedi Knight. But how am I gonna pay for the infirmary visit when a trespassing Resistance fighter conks me on the head to steal my uniform and gain access to a ship’s inner sanctum, which now seems to happen every other year? And if my arm’s sliced off with a lightsabre, you think my Storm Trooper’s comp will cover the robotic prosthetic?

(4) A FAITHFUL 451. The Hollywood Reporter interviews co-writer, exec producer and director Ramin Bahrani, who assures them “HBO’s ‘Fahrenheit 451’ Will Stay True to Ray Bradbury’s Central Themes”.

Bahrani, who co-wrote the telepic alongside Amir Naderi and reteams with Shannon after he starred in their feature 99 Homes, confessed that he told his agent at one point that he should call HBO and refund the network’s money because he felt that he couldn’t finish the script. He spoke at length about the parallels between Bradbury’s 1953 work and what’s happening in the world today.

“I don’t want to focus so much on [Trump] because I don’t want to excuse the 30 to 40 years prior to that; he’s just an exaggeration of it now,” he said. “I don’t want us to forget what Bradbury said — that we asked for this. We elected [politicians] over many decades, we’re electing this thing in my pocket [pulls out his cellphone]. Between the technological advancements in the last 20 years and politics, Bradbury’s biggest concern about the erosion of culture is now.”

Bahrani said he never had the opportunity to meet with Bradbury before his death but did an extensive amount of research, watching and reading multiple interviews and more. “Bradbury’s novel was set in the future where he was predicting having screens on the wall that you could interact with. Social media and supercomputers like my phone are real now. [The film] is not set in the distant future like Bradbury’s novel but an alternate tomorrow where technology is here right now — like Amazon’s Alexa,” he said. “One of the things in the film is storing knowledge, books in DNA. This exists now. All your drives could be stored 100-fold in DNA. There was no reason to put it in the future; it’s just [set in] a strange tomorrow.”

(5) THE TOLL. Kameron Hurley, who I admire for her unflinchingly transparent posts about her life as a writer, tells a heartbreaking story about her experiences in 2017 — “The Year I Drowned My Emotions”.

Depression is a complex state of being. I know we want to try and pretend it’s easy. Just pop a pill, increase your meds, try new meds, find something that works! But there’s also depression caused by external forces, and that’s the sort of depression that you can paint over with pills, sure, but the root of it is still there, like painting over a crack in your wall.

I was already feeling overwhelmed and deflated in the months leading up to the election. I was struggling with the reality that I’d produced three books in a year but still had to function at a day job, and the relentless treadmill of publishing was still going, without the sort of reward I needed in order to maintain my sanity. I’ve talked before about how writing all those books and then promoting books and having a weird dude-bro day job (at the time) conspired to murder me. What we don’t acknowledge is that when you experience that kind of breakdown followed by grief and disappointment, you can’t just… get back up like nothing happened.

(6) HADLEY OBIT. At ComicMix, Glen Hauman reports “Cinamon Hadley, The Girl Who Was Death, Has Died”.

Cinamon Hadley, whose appearance inspired the look of Death in the Sandman comic series, passed away today according to Sandman co-creator Neil Gaiman.

The body-piercer and goth icon whose portrait was immortalized as the second eldest in a family of anthropomorphized forces called the Endless, Hadley was described as extremely tall, extraordinarily thin, with bone-white skin, impeccable make-up and thin, black hair.

(7) TODAY’S BIRTHDAY BOY

  • Born January 11, 1937 — Felix Anthony Silla, known for his role as the costumed character of “Cousin Itt” on television’s The Addams Family.

(8) ADVENTURE OR COOKBOOK? Having seen the movie, this one has me a little worried – Star Wars: The Last Jedi: Chewie and the Porgs:

From Emmy award-winning writer Kevin Shinick comes a lovable tale of Chewbacca the Wookiee and the pesky porgs of Ahch-To Island. Featuring adorable illustrations by artist Fiona Hsieh.

(9) WATCHWORTHY. In “Consumption: 2017”, John Harden makes “a list of everything I watched in 2017 plus my very excellent and totally correct opinions on same.”

I make this list every year, for fun and as a reference. As always, it only reflects things seen for the first time. “POLTERGEIST on TV, 14th viewing” doesn’t make the list. Nor do films not viewed in their entirety, for example, Guy Ritchie’s THE MAN FROM U.N.C.L.E, which got ejected from the Blu-Ray player after 15 minutes. I’d never seen Henry Cavill in anything before but he seems to emit some kind of anti-charisma particle.

I didn’t bother making a numbered best-of list this year. But if I had, LOGAN would be at the top. It’s perfect. Damn you James Mangold, for making me cry at your Wolverine movie.

(10) SLOW DOWN, YOU MOVE TOO FAST. How fast is the universe expanding? “‘Serious gap’ in cosmic expansion rate hints at new physics”.

To calculate the Hubble Constant, Prof Riess and others use the “cosmic ladder” approach, which relies on known quantities – so-called “standard candles” – such as the brightness of certain types of supernova to calibrate distances across space.

However, a different approach uses a combination of the afterglow of the Big Bang, known as the Cosmic Microwave Background (CMB), as measured by the Planck spacecraft and a cosmological model known as Lambda-CDM.

The Hubble Constant obtained using these data is 66.9 kilometres per second per megaparsec. (A megaparsec is 3.26 million light-years, so it follows that cosmic expansion increases by 66.9km/second for every 3.26 million light-years we look further out into space).

The gap between the two is now at a confidence level of about 3.4 sigma. The sigma level describes the probability that a particular finding is not down to chance. For example, three sigma is often described as the equivalent of repeatedly tossing a coin and getting nine heads in a row.

A level of five sigma is usually considered the threshold for claiming a discovery.

However, Prof Riess said that at the three sigma level “this starts to get pretty serious I would say”.

(11) EYES IN THE SKY. “Finnish start-up ICEYE’s radical space radar solution” — swarms of small cheap satellites for continuous coverage.

Big things sometimes come in small packages. That’s the hope of Finnish start-up ICEYE, who are about to see their first satellite go into orbit.

The young company are making waves because they’re attempting what no-one has dared try before; indeed, what many people had previously said was impossible.

ICEYE aim to launch a constellation of sub-100kg radar micro-satellites that will circle the Earth, returning multiple pictures daily of any spot on the globe, whether it’s dark or light, good weather or bad.

The special capability of synthetic-aperture radar (SAR) satellites to sense the planet’s surface whatever the conditions is loved by government and the military, obviously – and they make sure they always have access to this kind of imagery.

But here’s the rub: the spacecraft that gather this sort of data have traditionally been big, power-hungry beasts.

(12) ANCIENT WINGS. BBC invites you to “Meet the butterflies from 200 million years ago”. They evolved nectar-suckers before there were flowers.

Newly discovered fossils show that moths and butterflies have been on the planet for at least 200 million years.

Scientists found fossilised butterfly scales the size of a speck of dust inside ancient rock from Germany.

The find pushes back the date for the origins of the Lepidoptera, one of the most prized and studied insect groups.

… “These finds push back the evolution of this group with proboscises – with a tongue – by about 70 million years,” said Dr van de Schootbrugge.

“Our finds show that the group that was supposed to co-evolve with flowers is actually much older.”

(13) REEL STINKERS. ComicMix’s Arthur Martinez-Tebbel looks back on the worst of the year in “Box Office Democracy: Bottom 6 Movies of 2017”. At the very bottom is —

  1. Valerian and the City of a Thousand Planets

If this was just about wasted potential, Valerian would easily be on the top of this list.  There are five worse movies this year but none of them have a fraction of the visual artistry displayed here by Luc Besson.  Valerian has some of the best design I’ve seen in a movie all year and two of the most inventive chase sequences maybe ever.  It also features a terrible script that meanders forever over trivial nothing and merrily skips past dense plot without a moment for inspection.  I loved watching the action but I never really understood why any of it was going on.  Toss on top some of the worst chemistry I’ve ever seen between an on-screen couple (and honestly maybe Dane DeHaan isn’t ready to be a leading man) and this is an unpleasant movie to watch at any volume above mute.

(14) BURROWER DOWN UNDER. Introducing Vulcanops jennyworthyae – “Giant bat: Remains of extinct burrowing bat found in New Zealand”

The fossilised remains of a giant burrowing bat that lived in New Zealand millions of years ago have been found on the country’s South Island.

The teeth and bones of the extinct bat were found to be three times the size of an average modern bat.

The bat, which weighed around 40g (1.41oz), not only flew but also scurried about on all fours looking for food.

The remains were recovered from ancient sediments near the town of St Bathans.

(15) ALTERED CARBON. Netflix has released Altered Carbon Official Trailer # 3.

In the distant future, human consciousness can be digitized and downloaded into different bodies. Brought back to life after 250 years by Laurens Bancroft (James Purefoy) the richest man on Earth, ex-Envoy soldier Takeshi Kovacs (Joel Kinnaman / Will Yun Lee) must solve Bancroft’s attempted murder for the chance to live again in a world he doesn’t recognize. Altered Carbon debuts exclusively on Netflix February 2nd, 2018.

 

(16) SCORCHED EARTH. The Official Trailer –

The planet has suffered an environmental collapse; the air became dangerous to breathe, the water became toxic, and billions of people died. Generations later, mankind has finally re-established a rudimentary society, in an attempt to pick up the pieces that continue to blister in the sun. Attica Gage (Gina Carano) is a bounty hunter with a chance at the bounty of a lifetime: to bring down the ruthless outlaw, Elijah Jackson. Gage infiltrates Jackson’s gang, and everything is going to plan until she meets a slave girl who reminds her of her dead sister. With her loyalty to only herself now tested, Gage learns that there might be more to life than just survival.

 

[Thanks to Michael J. Walsh, JJ, John King Tarpinian, Mark Hepworth, Martin Morse Wooster, Carl Slaughter, Cat Eldridge, and Andrew Porter for some of these stories. Title credit goes to File 770 contributing editor of the day Ingvar.]

ComicMix Suffers Setback in Star Trek/Seuss Mashup Lawsuit

Revoking part of an order she handed down this summer, federal Judge Janis L. Sammartino ruled December 8 that Dr. Seuss Enterprises gets to engage both copyright and trademark claims in a lawsuit against ComicMix for a crowd-funded book project titled Oh, The Places You’ll Boldly Go!

The litigation began 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!

The judge had dismissed the trademark infringement portion of the claims in June (“ComicMix Gains Partial Victory in Dr. Seuss Lawsuit Over Literary Mash-Up”), however, The Hollywood Reporter story “Lawsuit Over Mashup of ‘Star Trek’ and Dr. Seuss Gets Past Alpha Quadrant” said the judge has considered an amended complaint and is allowing all the claims to move forward including one for unfair competition. (Here’s the full opinion.)

The biggest difference is the analysis of trademark and quite notably, what is causing ComicMix some trouble on that front is the font of its title.

Nominative fair use is an important concept in trademark law, referring to certain allowances to use another’s mark for purposes like commentary, criticism, comparative advertising, or parody. The standards were articulated by an appeals court in 1992 in a case where newspapers used toll numbers to conduct polls of The New Kids on the Block.

Sammartino looks at three factors to determine whether ComicMix has an appropriate defense of nominative fair use in this dispute. On two of those factors — whether the product in question is readily identifiable without use of the trademark and whether ComicMix has done acts that would falsely suggest sponsorship or endorsement by Dr. Seuss Enterprises — the defendants get the edge. But ComicMix can’t dispense with the trademark and unfair competition claims thanks to that other factor — whether its use of Dr. Seuss’ mark is more than reasonably necessary to identify it.

The mark in question is the title, “Oh, the Places You’ll Go!”

Judge Sammartino explained:

Defendants not only use the words ‘Oh! The Places You’ll Go!’ in the title of Boldly but also use the exact font used by Plaintiff. The look of the lettering is unquestionably identical on both books, down to the shape of the exclamation point. This situation is similar to that in Toho [a precedent case]. The Court finds it was unnecessary for Defendants to use the distinctive font as used on Go! to communicate their message (i.e., that Boldly is a mash-up of the Go! and Star Trek universes).

The reference to Toho is a callback to a case made by Toho, the controller of the Godzilla intellectual property, against a book publisher in 1998.

Glenn Hauman portrayed the decision to ComicMix readers in a positive light, focusing on this part of the ruling — “Judge rules that an illustration style can’t be a trademark”.

Yesterday, Judge Janis Sammartino handed down a ruling in our ongoing case, Dr. Seuss Enterprises v. ComicMix, allowing the case to proceed to discovery while narrowing the allegations in significant ways.

Quoting from the decision:

Plaintiff cited no authority to support its assertion that its general “style” is a protectable trademark. Plaintiff only argues that the book can be subject to both trademark and copyright protection and that distinctive characters can qualify as trademarks. Plaintiff claims the Ninth Circuit has recognized Plaintiff owns trademark rights to “the character illustration of the Cat [in the Hat’s] ‘stove-pipe hat’.” But the illustration of the Cat’s hat is different than the general “illustration style” and non-specific “characters and backgrounds found throughout” Plaintiff’s books, in which Plaintiff asserts trademark rights now. And Plaintiff does not allege trademark rights in any specific character or background image in [Oh, The Places You’ll] Go! The Court is not holding illustrations of specific characters within Go! are precluded from trademark protection, but at this stage of the proceedings and based on the information in front of the Court, the Court finds that Plaintiff’s claimed general “illustration style” is not protectable.

Hauman continued:

…When we speak of an artist’s “trademark style” we’re not actually speaking of a legal trademark, and as such it’s not something that can be legally claimed.

And this means that if, say, Ty Templeton draws a portrait of me looking like I was drawn by Dr. Seuss, there’s not a thing Dr. Seuss Enterprises can do about it.

Of course, this is generally a good thing. This means that no artist can be charged with stealing someone else’s “trademark style” or the way they draw (or for that matter, how they shoot a photograph or a movie). We all learn from each other, we all influence each other— particularly in comics— and we all build on other works and artistic traditions and styles to create new works of art to tell stories.

The judge summed up her decision — “the Court again cannot say as a matter of law that Defendants’ use of Plaintiff’s copyrighted material was fair,” which could be up to a jury if the case goes to trial. She denied ComcMix et al’s motions to dismiss DSE’s claim of copyright infringement, trademark infringement and unfair competition.

[Thanks to Carl Slaughter 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.

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 9/20/16 Grow Scrolled Along With Me, The Pixel Is Yet To Be

(1) SUMMER IN ORCUS HAS LAUNCHED.  A certain T. Kingfisher has released the first chapter of a new serial, Summer in Orcus. Also known as Ursula Vernon, and RedWombat, Kingfisher filled readers in on the schedule…:

I will be posting links here as they go live, never fear! It will be up Tuesdays and Thursdays, and we’re going to try bonus content on Sundays–little snippets about the world of Orcus and so forth–once we’ve had a few weeks to settle in, and I’ll do my best to get an RSS feed working as well for people who don’t check back here frequently. Long-time readers will recognize the start of the story–“Hey! It’s the one with Baba Yaga!”–as having been posted here. Yup, that’s the one, and I finally finished it… I’m all nervous and stuff. This is such a weird little book and I’m still not sure if anyone will like it or if they will throw tomatoes, but by god, I wrote it anyway, and thanks to the awesome people on Patreon, I can offer it free to the world.

And the number of chapters

(Incidentally, I think there will be 34 chapters.)

Each chapter is supposed to run around 2500 words, but there’s a fair amount of fluctuation, just because I didn’t want to break some things off in mid-sentence. So there’s a few short ones and a few reeeeeally long ones. But I suppose we’ll make do.

The story begins this way:

Once upon a time there was a girl named Summer, whose mother loved her very very very much.

Her mother loved her so much that she was not allowed to play outside where someone might grab her, nor go away on sleepovers where there might be an accident or suspicious food. She was not allowed to go away to camp, where she might be squashed by a horse or bitten by diseased mosquitoes, and she most certainly was not allowed to go on the Ferris Wheel at the carnival because (her mother said) the people who maintain the machinery are lazy and not very educated and might get drunk and forget to put a bolt back on and the entire thing could come loose at any moment and fall down and kill everyone inside, and they should probably leave the carnival immediately before it happened….

(2) KICKSTARTER MEETS GOAL. The Kickstarter appeal for Oh, The Places You’ll Boldly Go! passed its $20,000 target. The Seuss/Star Trek parody mashup will be written by David Gerrold, with art by Ty Templeton. File 770 is celebrating by posting this image from the project, courtesy of editor Glenn Hauman.

oh-the-places-tribbles

(3) BUCK ROGERS IN THE 21-AND-A-HALF CENTURY. Two families who once owned the rights to Buck Rogers are involved in a lawsuit over a pitch one made to Syfy, despite it being generally believed the rights are now in the public domain, says The Hollywood Reporter.

Some believe that the fictional space explorer Buck Rogers, created in the 1920s by author Philip Francis Nowlan, is in the public domain. Notwithstanding this fact, Nowlan’s heirs are now on the defensive in a lawsuit that accuses them of breaching contact and diluting trademarks by pitching a “Buck Rogers” pilot to the Syfy Network.

Buck Rogers first appeared in Nowlan’s 1929 novella Armageddon 2419 A.D and became a popular character in comic strips, radio programs and a motion picture series. Nowlan was under contract with John F. Dille’s National Newspaper Service, and when the author died in 1940, his wife fought Dille over intellectual property ownership. In 1942, the lawsuit was settled with Nowlan releasing claims and rights to Dille in exchange for $1,750.

Last year, producer Don Murphy (TransformersNatural Born Killers, League of Extraordinary Gentlemen) wanted to make a film based on Armageddon 2419 A.D, and after receiving an objection from the licensing representative of the Dille Family Trust, he went to court to establish that “Buck Rogers” was in the public domain thanks to a failure to renew the copyright registration. But a Pennsylvania judge decided in March not to entertain the case due to a lack of “actual controversy.”

Meanwhile, the Dille Family Trust is suing the Nowlan Family Trust.

According to the lawsuit, an agent of the Nowlan family met with Syfy representatives this past December. As part of a pitch for a “Buck Rogers” series, the Nowlans provided a “series bible” setting forth characters and descriptions for potential use.

The Dille Family Trust claims that the pitch breached the 1942 agreement, and on Friday, a judge rejected a motion to dismiss the claim on the argument that the release of rights applied only to Nowlan’s late wife.

(4) YOUR BUSINESS. Amanda S. Green’s “It’s A Business” at Mad Genius Club is a good admonition for new writers who still have stars in their eyes about the money they imagine will be rolling in.

But, Amanda, you get those huge advances and you don’t have to work any longer.

Wrong.

And this is where you have to remember that this is a business. Most advances, especially for “new” authors fall in the four-digit range. Yes, some new authors get more but they are the except and not the rule. You don’t get the advance all at one time and you aren’t going to see any more money from the publisher until you have earned out the advance and, believe me, that doesn’t happen very often. How can it when publishers use Bookscan to determine how many books are sold instead of a simple inventory tracker program?

That means you have to make sure you have a way to pay your bills between advances. This is why the vast majority of writers aren’t full-time writers. They have families to feed and are like me. They like having a roof over their heads and food in the fridge. Even if your first book is a success, you don’t know that the second book will be. More importantly, if you are publishing traditionally, you have no guarantee that the readers will remember you two years or more after your first book by the time the second book comes out. Remember, when you publish traditionally, you have no control over when your book is released and you are just one of many the publisher is having to slot into a finite number of slots per month.

(5) VOTE BOTH. Ryk E. Spoor, who has both self-pubbed and been published by Baen, warns about “The False Dichotomies of Publishing”.

Thus, while there are indeed two divisions of publishing, it’s not really a simple matter of choice in deciding which one you want. The only people for whom it is such a choice are those who are so successful that they know that anything they write can be sold to a traditional publisher – people like Stephen King, for example. Such people know that they can even write “niche” books and get them published by a big publishing house because their other, more popular books will pay for these occasional low-profit ventures. Most of us, however, are not and will never be in that category.

Another common false dichotomy is “have no control over your manuscript, or have complete freedom with self-publishing”. While there have been, and probably still are, some publishers with really, really bad editors that will take apart manuscripts for their own entertainment, for the most part publishers aren’t there to dictate how you should write your stuff; after all, if they dictate it all to you, why not just write it themselves? As I have discussed before, the purpose of having editors is to make your work better but still in essence yours.

This points to the falsity on the flip side as well. Sure, you can have complete control of your work, write it and throw it right up on Amazon without anyone saying a word against it. But that’s almost certainly doing your work a terrible disservice. There may, possibly, be a few people who are so very good at separating themselves from their own work that they can honestly and dispassionately examine and edit that work. But I have never met someone like that. You need exterior views, and preferably a viewpoint that doesn’t have a vested interest in agreeing with you that your work is perfect.

(6) MORE WRITING CAREER ADVICE. Here are some tips for getting your novel published during a Skeleton Apocalypse.

(7) ROCKET TO THE MORGUE MOON. So that’s what happened to all the pizza boxes we stuffed in the time machine. Click here.

(8) THE HERMIONE GRANGER BOOKS. Sarah Gailey writes a fascinating analysis of “Hermione Granger: More Than a Sidekick” at Tor.com.

This is something that the Harry Potter fan community has been discussing for years: Hermione drives the story because she has her own story. No one in their right mind would trust 13-year-old Harry Potter with a Time Turner, but Hermione gets one and she deserves it. She dates a celebrity, and she outsmarts Rita Skeeter, and she does those things in the background of Harry’s story. She convinces Harry to be a figurehead in the fight against Voldemort, and she creates Dumbledore’s Army. She schedules the DA meetings, she creates the consequences for DA defectors, she creates the galleons that allow the DA to communicate in code. She researches horcruxes and how to destroy them. She rereads all of Hogwarts: A History. She shows up with the tools and the knowledge and prevents Harry and Ron from standing around looking perplexed while the world ends around them. She saves everyone’s bacon all the time by being smarter and better-prepared than anyone else. Those two boys would be dead a thousand times over without her intervention.

She gets her own story, if you know how to look for it. She has her own narrative that’s completely separate from Harry’s. But does that make her a hero?

(9) TODAY’S BIRTHDAY BOY

  • Born September 20, 1948 – George R.R. Martin

(10) PUPPIES SUBTRACTED. Aaron doesn’t have his own alternate trophies to give out, nevertheless he offers his ”Random Thought – 2016 ‘What Could Have Been’ Hugo Finalists” at Dreaming of Other Worlds.

Location: An alternate, better reality.

Comments: At the outset I want to make clear that this post is not an evaluation of what the 2016 list of Hugo finalists would have been had the E Pluribus Hugo system been in effect for the nomination process. I’ll be posting about that at a later date. What this post is is an attempt to figure out what the 2016 list of Hugo finalists would have looked like had the Sad and Rabid Puppy campaigns never existed. It is, quite simply, an attempt to expunge those votes attributable to the Sad and Rabid Puppy nominators to see who would have been Hugo finalists in their absence. This post is also an attempt to assess the impact Sad and Rabid Puppy campaigns once that information is at hand.

(11) NOWHERESVILLE. The article “Solitude, Space Junk and Sea Monsters: the Eeriness of Point Nemo” begins with an attention-getting question:

Q: What do sci fi pioneer Jules Verne, horror writer H.P. Lovecraft and the Russian space programme have in common?

A: Their overlapping interest in an inhospitable corner of the South Pacific, only recently identified as the remotest part of the world’s oceans – Point Nemo.

Nowhere in the world can you find a place further from dry land than Point Nemo. This oceanic pole of inaccessibility (1) is located at 48°52.6’S 123°23.6’W…..

Decades before Point Nemo was named, and before satellites started raining down, H.P. Lovecraft used these lonely waters as the setting for R’lyeh, a “nightmare corpse city (…) built in measureless eons beyond history by the vast, loathsome shapes that seeped down from the dark stars”.

In The Call of Cthulhu (1928), R’lyeh is described as “a coast-line of mingled mud, ooze, and weedy Cyclopean masonry which can be nothing less than the tangible substance of earth’s supreme terror … loathsomely redolent of spheres and dimensions apart from ours”.

The sunken city is the prison of the giant monster Cthulhu, part octopus, part human, part dragon: “There lay great Cthulhu and his hordes, hidden in green slimy vaults”. His followers pray for his regeneration, repeating the phrase: Ph’nglui mglw’nafh Cthulhu R’lyeh wgah’nagl fhtagn (“In his house at R’lyeh, dead Cthulhu waits dreaming”).

(12) LET’S KEEP IT REAL. There’s yet one more thing against the law in California. “Gov. Brown signs law that cracks down on fake celebrity autographs”.  In a way, you might have expected Gov. Schwarzenegger to have applied his autograph to such a law first….

An autographed collectible sold in California will need to come with a certificate that verifies it’s not a forgery under legislation signed by Gov. Jerry Brown.

Brown signed the bill Friday to crack down on selling items with fake celebrity signatures.

The proposal won the support of actor Mark Hamill earlier this year.

Best known for his portrayal of Luke Skywalker in “Star Wars” films, Hamill often uses his Twitter account to sort out whether something has his genuine signature on it or has been forged.

(13) ORIGIN OF BOOKS. Inspired by the current competition between digital and paper books, the BBC looks back to the mysterious origin of the book.

The evidence is sparse but telling: archaeologists have discovered a few key scraps of papyrus whose text unexpectedly continues from the front to the back, and whose neat margins one might expect to find in a paged book. And that is exactly what these fragments are: they are leaves from the first paged books the world had ever seen. We know that the Romans called this new kind of book the codex (from caudex or tree trunk, because of its similarity to their wooden writing tablets), but how the codex came to be in the first place is shrouded in mystery. The first written mention of the codex appears in the words of a Roman poet named Martial, who encouraged his readers to buy his books in this new, paged format:

“You who long for my little books to be with you everywhere and want to have companions for a long journey, buy these ones which parchment confines within small pages: give your scroll-cases to the great authors – one hand can hold me.”

Written between 84 and 86 CE, Martial’s sales pitch tells us not only that paged books were known of in the First Century CE but also that some of them, at least, were made from a new material called parchment.

(14) ABSTRACT DISNEY. This video by user “2veinte” called Disney Classics 1 is a recreation of classic Disney scenes just done with geometric shapes. It was done for the Disney Channel.

[Thanks to Camestros Felapton, Mark-kitteh, JJ, Johan P, John King Tarpinian, iphinome, Hampus Eckerman, Steven H Silver, and Martin Morse Wooster for some of these stories. Title credit goes to File 770 contributing editor of the day Lis Carey.]

Pixel Scroll 6/16/16 Schroedinger’s Kzin

(1) ARM-WRESTLING WITH A PUBLISHER. Kristine Kathryn Rusch sees writers as too prone to follow rules, and too prone to think themselves as powerless in the face of contractual language: “Business Musings: Thus, Lawyers, and Writers (Contracts/Dealbreakers)”.

Lawyers aren’t afraid of thugs and goons and cartoon characters that go bump in the night. They’re not afraid of someone who plays the Big Dog and says, You’ll never work in this town again. Lawyers generally say, Well, let’s see.

Lawyers know there’s usually a solution—and it’s often as simple as standing up and saying to the person on the other side of the contract, I’m not playing your silly game. No. I’m not doing it. Now, what are you going to do?

…. Here’s the bottom line, people. I know a bunch of you are stuck in contracts you don’t like. Publishers are reinterpreting contracts in whole new ways, ways that they never looked at in the past.

The big shift is that publishers no longer see themselves as manufacturers and distributers of books. They’re running a rights management business, which means taking advantage of the full copyright on a property, instead of licensing a tiny part of that copyright. (If you don’t understand that sentence, get a copy of the Copyright Handbook. If you’re too damn lazy or cheap to do that, at least see this blog post of mine.)

(2) ATWOOD. “Margaret Atwood awarded 2016 PEN Pinter Prize”.

Canadian poet, novelist and environmental activist Margaret Atwood has been awarded the 2016 PEN Pinter Prize. She will receive her award at a public event at the British Library on the evening of Thursday 13 October, where she will deliver an address.

Margaret Atwood was chosen by this year’s judges Vicky Featherstone, Zia Haider Rahman, Peter Stothard, Antonia Fraser and President of English PEN and Chair of Judges, Maureen Freely.

The judges praised Atwood as a ‘consistent supporter of political causes’, adding ‘her work championing environmental concerns comes well within the scope of human rights … she is a very important figure in terms of the principles of PEN and of Harold Pinter’.

Atwood said:

I am humbled to be the recipient of the 2016 PEN Pinter Prize. I knew Harold Pinter and worked with him – he wrote the scenario for the film version of The Handmaid’s Tale, back in 1989 – and his burning sense of injustice at human rights abuses and the repression of artists was impressive even then. Any winner of such an award is a stand-in for the thousands of people around the world who speak and act against such abuses. I am honoured to be this year’s stand-in.

(3) GUY WITH A GUN. Bruce Arthurs wrote about this army experience in 2012 after the Aurora theater shooting, and it’s relevant again this week: “Shots In The Dark, or, How I Became A Sharpshooter”.

Several ammo clips later, I and the other trainees have finished the Night Firing exercise and gather around to get our scores. I get a high score.  I get a surprisingly high score.  I get an astonishingly high score, far above the type of scores I’d gotten during daytime firing exercises.  I get a score so high that suddenly I’ve moved up into Sharpshooter-level numbers. That Holy Shit guy?  He skunked it.  Didn’t hit a single target. Well, let’s revise that statement, because it doesn’t take much time or brains to figure out what happened.  In the dark, with everyone firing around him, with multiple targets and multiple dim flashes, he’d gotten his orientation just slightly off and had been shooting at the wrong target.  The target of the guy next to him.  At my target.

(4) HOWARD TAYLER’S TAKE ON GUN OWNERSHIP.

(5) FIRST FIFTH. Joe Sherry continues his series at Nerds of a Feather with “Reading the Hugos: Novel”. Number five on his ballot is: The Aeronaut’s Windlass:

Butcher’s novel is the only finalist not on my nomination ballot. Prior to last year, I was completely unfamiliar with Butcher’s work. I knew that it existed, but until Skin Game‘s nomination, I had never read anything Butcher wrote. Happily, Skin Game was a solid read and one that I vastly preferred over the eventual winner, The Three-Body Problem. The Aeronaut’s Windlass is the first volume in a steampunk epic fantasy series from Butcher. I like it more than Skin Game, and I’m happy to be getting in on the ground floor of the series rather than jumping in at Book 15 like I did with the Dresden Files. The setting was fantastic (airships and insanely tall towers), but what drew me in was the characters. Gwen, Benedict, Brother Vincent, Bridget Tagwynn, Rowl, Captain Grimm, and pretty much everyone across the board are what sold me on this book. These are characters I would love to spent more time with.

This is one of those spots on my ballot that I could realistically swap positions with the next one up. I think Seveneves is an overall a better book, but I enjoyed The Aeronaut’s Windlass just about as much as I did Seveneves, just in different ways. They are two very different sorts of novels, and I’m down for more of Butcher’s Cinder Spires series, but Seveneves gets the nod today.

Sherry’s first installment was – “Watching the Hugos: Dramatic Presentation Long Form”.

(6) CONCLUSION OF FROZEN SKY. “Jeff Carlson has finished his Frozen Sky trilogy and the third book is by far the biggest and most ambitious of the 3 books,” reports Carl Slaughter. Frozen Sky 3: Blindsided was released June 11.
Carl interviewed Jeff in 2014 for Diabolical Plots. He was nominated for the John Campbell and Philip Dick awards and has been published in Asimov’s.

The aliens in The Frozen Sky are intelligent, but they look a bit like squids, they don’t speak and they don’t have sight. Why not bipedal aliens like Vulcans or Klingons or Romulans with vocal cords and eyes?

Because I’m not constrained by a production budget! Ha. “Let’s glue some ears on him. We’ll glue some forehead thingies on them. Okay, we’re done.”

Star Trek is good fun but limited in presentation. That’s the beauty of being a novelist. The medium requires the reader’s imagination. Yes, I direct the action, but hard sf readers are smart readers. They want to be strangers in a strange land. So I can say, well, I have this claustrophobic three-dimensional low-gravity environment like the mazes of an ant farm inside Europa’s icy crust. What would kind of creatures would evolve here? Six-foot-tall bipedal creatures like people? Heck no.

Jeff’s other series is the Plague series.

(7) GREAT GHOSTBUSTERS POSTER.

(8) EARLY WRITING. Jami Gray gets a great interview — “Hugo award winner, Seanan McGuire visits with latest InCryptid novel!”

Many writers have that first novel which will never see the light of day. Out of curiosity, do you have one stashed somewhere? Inquiring minds want to know: what was your first attempt at writing and how old were you?

My first serious attempt at writing was a fourteen-page essay when I was nine, explaining to my mother why she had to let me read Stephen King. It had footnotes and a bibliography. I finished my first book when I was twelve. It was called Dracula’s Castle, and if I knew where it was, I’d probably put it online.

(9) MORE STORIES. Editor Glenn Hauman’s Indiegogo appeal to fund the Altered States of the Union anthology has an update – “We’re annexing new territory!”

The response to the concept behind Altered States has inspired a lot of authors to join in the fun, so we’re proud to announce we’re expanding the book by almost 60%, adding new stories by:

  • Russ Colchamiro
  • Peter David
  • Keith R.A. DeCandido
  • Robert Greenberger
  • Meredith Peruzzi
  • Aaron Rosenberg
  • David Silverman & Hildy Silverman
  • Anne Toole

(10) A BOOKSTORE NEAR YOU. Dutch writer Thomas Olde Heuvelt will be on a book tour in the US in June and July, courtesy of TOR. The trip includes three appearances in California, including an LA-vicinity stop at Dark Delicacies Bookstore in Burbank on the evening of Tuesday, July 19.

TOH-US-Tour-2016

(11) MEDIA STRATEGY. Vox Day’s tells followers at Vox Popoli that his new philosophy is “Don’t talk to the media!”

In light of my ridiculous experience with Wired and after seeing how multiple media outlets turned to George RR Martin and John Scalzi to ask them to interpret my actions, I now turn down most media requests. I do so literally every week; I just turned down two yesterday alone. The media is not in the business of reporting the news, they are in the business of selling their masters’ Narrative.

(12) A MAD GENIUS ON THE HUGOS. Kate Paulk devotes half of “Hugo Awards – The Nominee Highlights – Best Fanzine” to criticizing Gregory Benford’s intention to vote for Steve Stiles in the Best Fan Artist category. Yet his reasons for supporting Stiles — Steve’s years of accomplishment as a cartoonist — parallel my reasons for voting for Toni Weisskopf as Best Pro Editor in 2015.

(13) PRINCE OF TIDES, THE GREAT SANTINI. George R.R. Martin urges readers to donate:

Pat [Conroy] passed away in March… but his books will live on, and so will his memory. In his memory, his family has now establishing a Pat Conroy Literary Center in his beloved home town of Beaufort, South Carolina. You can read about it here: http://patconroyliterarycenter.org/ A worthy project, I think. I’ll be donating. I urge all of you who love good writing to do the same.

(14) LOOKING FOR LAUGHS? The B&N Sci-Fi & Fantasy Blog is enthusiastic about Joe Zieja’s humorous Mechanical Failure.

Comedy is a tricky beast, especially in science fiction. The Hitchhiker’s Guide to the Galaxy is unquestionably a towering achievements of the form, but after than, opinions vary wildly (we’d wager John Scalzi has equal numbers of fans who either want him to stop trying to be funny, or to stop writing books that are so serious). It’s rare in genre to find a book that can do satire without being preachy, comedy without being entirely silly (not that a little silliness is a bad thing), and still manage toss a little “science fiction” into the mix. Joe Zieja’s debut novel, Mechanical Failure (the first part of the Epic Fail trilogy, which gives you a hint as to what you’re in for) makes as good a bid as we’ve seen in quite some time, diving headfirst into full-on military SF parody and making it look easy.

(15) UPJOHN OUTPACED BY REALITY? Alexandra Erin’s facing a challenge that reminds me of the one Garry Trudeau faced while producing Doonesbury during the Watergate era — it’s hard to be more absurd than real life.

Mr. Upjohn’s post-con report from WisCon is still forthcoming; it’s evolved and grown a few times since the con actually ended as I took reality onboard , which once again has made parody seem tame. When actual flesh and blood con attendants are decrying the “dystopian” tape lines designating travel lanes on the crowded party floor, I clearly need to step up the game.

Meanwhile, Erin writes, “I’d really love to close out my WorldCon fundraiser” – still needs $375.

(16) CHANGE OF ADDRESS. Juliette Wade has ported her TalkToYoUniverse content to her Dive Into Worldbuilding site.

Introducing the Dive into Worldbuilding Workshop at Patreon!

Dive into Worldbuilding started in 2011 – five years ago – when Google+ introduced their hangouts feature and I decided it would be fun to hang out with fellow writers and talk about worldbuilding. Since then, it has grown and changed, from just a bunch of friends meeting online with no record except my written summaries, to a meeting that got recorded and sent to YouTube, to a show featuring a wide variety of guest authors as well as regular topic discussions. With each change, my goal has been to reach a wider variety of interesting people, listen to more interesting views on worldbuilding, and share insights with as many people as possible.

Today, I’m taking it a step further with the Dive into Worldbuilding Patreon – which is also the Dive into Worldbuilding Workshop.

This Patreon will do more than just support my research into panel topics. It will help me to pay my guest authors for their time and expertise – but it will also let me help more of you.

(17) TODAY IN HISTORY

  • June 16, 1816 — At the Villa Diodati, Lord Byron reads Fantasmagoriana to his four house guests—Percy Shelley, Mary Shelley, Claire Clairmont, and John Polidori—and challenges each guest to write a ghost story, which culminates in Mary Shelley writing the novel Frankenstein, Polidori writing the short story The Vampyre, and Byron writing the poem Darkness.

[Thanks to Petréa Mitchell, Vincent Docherty, Michael J. Walsh, Carl Slaughter, and John King Tarpinian for some of these stories. Title credit goes to File 770 contributing editor of the day Daniel Dern.]