Pixel Scroll 6/5/18 Scroll Is A Pixel, And I Want My Money Back

Brian Keene. Photo by Scott Edelman.

(1) BRIAN KEENE BURN INJURY. Horror author and podcaster Brian Keene is hospitalized, reports Stephen Kozeniewski, who has started a “Brian Keene Burn Fund” at GoFundMe:

On June 5, 2018, author, podcaster, philanthropist, and father Brian Keene was badly burned in an accident.  At this time he is conscious and in good spirits but has first degree burns on his face and second degree burns on his body.

As a freelance author, Brian does not have health insurance.  We’re not sure at this time how long he’ll be in treatment, or how much the bill will be, but any visit to the hospital is expensive, and will only be compounded by lost wages from not being able to work.

We’re asking the community of writers, horror fans, and just decent human beings in general to chip in a few dollars to help get Brian back on his feet and spending time with his loving girlfriend and sons.  We’d be very grateful for anything you can afford to contribute.

The appeal has raised $14,415 of its $15,000 goal in the first four hours online.

Keene co-hosts of The Horror Show with Brian Keene. Last May, they held that 24-hour telethon and raised roughly $21,000 in support of Scares That Care.

Kozeniewski added in an update, “What we know right now is that the wind shifted while Brian was burning brush.”

(2) ALL YOUR COMIC CONVENTION ARE BELONG TO US. Those lovable knuckleheads who run San Diego Comic-Con International would like a federal judge to award them several million dollars in attorney fees after winning their lawsuit against the Salt Lake Comic Con. Courthouse News has the story: “San Diego Comic-Con: ‘Comic Convention’ Is Ours”.

…U.S. District Judge Anthony Battaglia heard a host of posttrial motions Thursday, including San Diego Comic-Con’s request for over $4.5 million in attorney fees which have already been paid in full.

San Diego Comic-Con attorney Callie Bjurstrom with Pillsbury Law told Battaglia Thursday he should find the case is “exceptional” so that attorney fees and costs can be awarded.

“This was a very expensive case; the reason this case was so expensive was because of defendants and their counsel and the way they litigated this case,” Bjurstrom said.

She pointed out Brandenburg testified at trial he knew about San Diego Comic-Con’s trademarks but still used “Comic Con” to name his Utah convention. Bjurstrom said the Salt Lake owners engaged in a “public intimidation campaign” once San Diego Comic-Con sent them a cease-and-desist letter to stop infringing the trademark and that Salt Lake’s attorneys filed meritless motions, “flip-flopped” on legal theories and violated court orders throughout the three-year litigation.

“If this case isn’t exceptional, I don’t know what is,” Bjurstrom said.

San Diego Comic-Con also asked Battaglia to permanently bar the Salt Lake convention from using its trademarks, arguing its reputation has been irreparably harmed by the confusion to consumers.

During the trial, San Diego Comic-Con presented evidence its attendees had contacted its employees about the Salt Lake convention, believing the two events were associated.

But San Diego Comic-Con’s request went a step further than simply asking Battaglia to enjoin the Salt Lake convention operators from infringing its trademarks: it asked the judge to bar the Salt Lake convention from using the words “comic convention” or phonetic equivalents to “Comic Con” or “comic convention.”

Bjurstrom said the injunction should include any spelling variation on “Comic Con” which is pronounced the same as the San Diego trademark, including spelling it with a “K” or “Kahn.”

“Whether you spell Comic Con with a ‘C’ or a ‘K’, it’s pronounced the same. It is exactly the same when you say it,” Bjurstrom said.

San Diego Comic-Con also asked the judge to order the Salt Lake operators to destroy marketing and advertising materials which make reference to “Comic Con” and to cease operating websites and social media accounts which reference the trademark.

Battaglia took the motions under submission and will issue a written order.

(3) WIKIPEDIA. Juliet McKenna asks “What can SFF fandom do about the inherent bias of Wikipedia?”. The author looked into the question because the Wikipedia entry about her was flagged for deletion, on grounds that she is not sufficiently notable:

It seems Wikipedia is aware of its systemic bias, as detailed in this article. Read this, and related pieces, and I imagine many of you will note, with the weary contempt of familiarity, the repeated insistence that it’s up to women themselves, and other under-represented groups to do all the hard work here. Though I haven’t found anything addressing the issue I raise above, explaining what we’re expected to do when sufficient acceptable citations simply do not exist, and those references that do exist are not deemed acceptable. Absence of evidence is not evidence of absence.

On the plus side, I have learned that there are dedicated groups of female and other special-interest Wikipedians spending considerable time and effort updating and expanding pages, intent on correcting this bias. Mind you, I also learned their work is frequently challenged and even undone by other Wikipedians applying the all too prevalent and far too often white western male logic of ‘not of interest to me personally = not of interest to anyone’. And of course, such challenges can very easily be a thinly veiled cover for actively discriminatory behaviour. Having read the Wikipedia page on handling tendentious editing, I am not in the least reassured that this is in any way satisfactorily addressed.

(4) LUCRATIVE SFF AUCTION. Fine Books & Collections was standing by the cash register: “Sci-fi from the Stanley Simon Estate Breaks Records in Swann Literature Auction”.

Science fiction ruled on May 15 at Swann Galleries’ auction of 19th & 20th Century Literature. Selections from the Estate of Stanley Simon, featuring 84 rare and first editions of cornerstones of the genre, boasted a 98% sell-through rate. All of the offered titles by Isaac Asimov, Ray Bradbury, Philip K. Dick and Stephen King sold, with many achieving auction records.

Leading the pack was a signed first edition of Dick’s dystopian novel The Man in the High Castle, 1962, which was purchased by a collector for $10,400, above a high estimate of $6,000, a record for the work. Another record was achieved by a signed first edition of Ubik, 1969, at $5,500, while the auction debut of the rare galley proofs for Valis, 1981, reached $5,000.

Simon had acquired several uncorrected proofs of important works, none of which had previously appeared at auction. While not strictly science-fiction, material by Stephen King outperformed in this category. The highlight was the presentation copy of an uncorrected proof of The Stand, 1978, which sold to a collector for $9,100. Also available were one of apparently 28 copies of proofs of King’s The Shining, 1977, inscribed, which sold for five times its high estimate for $6,250, and the complete six-volume set of uncorrected proofs of King’s The Green Mile, 1996, exceeded its $1,200 high estimate to sell for $5,200.

Another highlight from the Simon estate was the complete Foundation trilogy, 1951-53, by Isaac Asimov. Together, the three signed first editions achieved an auction record of $9,750. Also by Asimov, a signed first edition of I, Robot, 1950, reached $6,250, above a high estimate of $3,500. Important editions of Ray Bradbury’s magnum opus Fahrenheit 451, 1953, were led by the limited author’s edition personally inscribed to Simon ($7,500). The popular asbestos-bound edition reached $5,200. All six editions offered were purchased….

(5) LE GUIN’S LAST EARTHSEA STORY. The Paris Review has a story by Ursula K. Le Guin. And not just any story, but a final Earthsea tale, written a year before her death. (So I’m guessing it’s the last one.)

He was thinking of Lookfar, abandoned long ago, beached on the sands of Selidor. Little of her would be left by now, a plank or two down in the sand maybe, a bit of driftwood on the western sea. As he drifted near sleep he began to remember sailing that little boat with Vetch, not on the western sea but eastward, past Far Toly, right out of the Archipelago. It was not a clear memory, because his mind had not been clear when he made that voyage, possessed by fear and blind determination, seeing nothing ahead of him but the shadow that had hunted him and that he pursued, the empty sea over which it had fled.

(6) BUMBLEE TRAILER. This movie will be in theaters at Christmas.

Every adventure has a beginning. Watch the official teaser trailer for Bumblebee, starring Hailee Steinfeld and John Cena.

 

(7) TODAY’S BIRTHDAY PRODUCER

  • Born June 5, 1953 – Kathleen Kennedy

(8) IT’S A JUNGLE OUT THERE. Of possible interest to Sarah Gailey fans (because of a hippo reference) is this segment from the June 3 episode of HBO’s Last Week Tonight, on the subject of guardianship for the elderly. The relevant portion starts at about the 13:20 mark. That’s where John Oliver introduces a new PSA on the subject, starring several celebrities – including William Shatner.

(9) DOG DAYS. This perfect poem inspired a thread of deep appreciation for the artist…

(10) DINO APPRECIATION SUMMIT. Chuck Tingle and Jeff Goldblum had an internet encounter —

(11) WALL POLITICS. And they’ll make the schwein pay for it. (Oh, wait, that’s something else….) “Denmark backs fence on German border to keep out wild boar”.

Denmark’s parliament has voted to build a 68-km (42-mile) fence along the border with Germany in a bid to protect the pork industry from the spread of African swine fever.

The vote aimed at keeping out wild boar is controversial for several reasons.

Environmental campaigners doubt it will stop the animals entering Denmark, while others say Germany has no trace of the virus.

Some in Germany have condemned the move as gesture politics.

Work on constructing the fence is unlikely to start until autumn, after an assessment by Denmark’s environmental protection agency.

(12) MORE WALL POLITICS. Security décor from another era: “The 12 best posters from the very odd NSA archive”.

Long before it was at the centre of a huge spying scandal, the US National Security Agency had the communist threat to deal with – and wanted to make sure its staff did not spill secrets.

A vast archive of posters, apparently for display at the spy agency’s offices, has been posted online thanks to a freedom of information request from governmentattic.org.

The website asked for “a digital/electronic copy of the NSA old security posters from the 1950s and 1960s”, although confusingly it also got one featuring John Travolta.

Here are some of our favourites. The full, 139-page document, can be found here.

(13) CASTLE COCKY. More trademark hoo-hah: “Rapunzel, Rapunzel let down your trademark restrictions”.

Rapunzel, the long-haired maiden locked in a tower by an evil witch, has been immortalized in countless bedtime stories and adaptations, from the Brothers Grimm to Disney. There is even a teenage rapper who goes by the name RapUnzel.

Now, a private company wants to lock the princess’s name in a castle fortified by United States trademark law.

But this attempt to register the trademark for the name Rapunzel has unleashed fervent opposition, not from Hasbro or Mattel, but from an impassioned group of Suffolk University Law School professors and students.

(14) DINO DUBIOSITY. The BBC asks “Does Jurassic Park make scientific sense?” Can you guess the answer? I knew you could…

In 1993, Steven Spielberg’s film Jurassic Park defined dinosaurs for an entire generation.

It has been credited with inspiring a new era of palaeontology research.

But how much science was built into Jurassic Park, and do we now know more about its dinosaurs?

As its 25th anniversary approaches, visual effects specialist Phil Tippett and palaeontologist Steve Brusatte look back at the making of the film, and what we’ve learned since.

So, first of all, what did Jurassic Park get wrong? It started off by inheriting some complications from Michael Crichton’s novel, on which the film was based.

“I guess Cretaceous Park never had that same ring to it,” laughs Brusatte.

“Most of the dinosaurs are Cretaceous in age, that’s true.”

(15) SWEET WRITING. Cat Rambo tasted these chocolate bars for Green Man Review: “Chuao Chocolatier’s Chocolate Bars with All the Add-ins”.

Here in America we like our add-ins, ice cream and candy full of other candy, nuts, random sweets, and sometimes savories. Chuao (pronounced Chew-WOW) has a shelf-load of such, chocolate bars with all the goodies, created by Venezuelan chef Michael Antonorsi.

Most of the bars I tried were terrific but some are more successful than others. Idiosyncrasies of taste may make a difference; when I tweeted about the one I really disliked, someone mentioned that was their favorite, and bemoaned not being able to find it. And it’s not entirely fair to stack dark chocolate up against milk, particularly given that my sweet tooth resembles that of a six-year-old’s. Still, I present them in order of how much I liked them, from most to least.

First up, the “Baconluxious”. Described as “delicate maple sweetness, a sprinkle of bonfire smoked sea salt and crispy, uncured bacon in milk chocolate.” This had a nice aroma and when tasted, an immediate smoothness to its mouth feel, followed by a wash of saltiness and not-unpleasant grittiness before the final bacon note, leaving just a few salt crystals to be crunched between the tooth and savored. This was delicious to the point where I thought I would and then did readily pick one of these up again. And probably will again and again….

(16) A BOY AND HIS ROBO DOG. The AXL Official Trailer came out recently.

In the vein of classic ‘80s family movies SHORT CIRCUIT and FLIGHT OF THE NAVIGATOR, A.X.L. is a new adventure about a down-on-his luck teenage bike rider, Miles (Alex Neustaedter), who stumbles upon an advanced, robotic, military dog named A.X.L. Endowed with next-generation artificial intelligence but with the heart of a dog, A.X.L. forms an emotional bond with Miles, much to the chagrin of the rogue military scientists who created A.X.L. and would do anything to retrieve him. Knowing what is at stake if A.X.L. gets captured, Miles teams up with his smart, resourceful crush, Sara (Becky G), to protect his new best friend on a timeless, epic adventure for the whole family.

 

[Thanks to John King Tarpinian, Robin Reid, Cat Eldridge, JJ, Jonathan Cowie, Martin More Wooster, Chip Hitchcock, K.M.  Alexander, Rev. Bob, Dann, Mike Kennedy, Michael D. Toman, Carl Slaughter, Steve Johnson, and Andrew Porter for some of these stories. Title credit goes to File 770 contributing editor of the day Stoic Cynic.]

Both Sides Seek to Overturn Verdict in San Diego Comic-Con v Salt Lake Comic Con Lawsuit

Following a jury verdict that left the San Diego Comic-Con (the nominal winner) and Salt Lake Comic Con dissatisfied, both have filed post-trial motions seeking to have the result set aside.

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

SLCC organizers Daniel Farr and Bryan Brandenburg are asking U.S. District Judge Anthony Battaglia for a new trial, arguing that the court precluded important evidence and gave the jury improper instructions. (Read their motion for s new trial here.) The Hollywood Reporter adds —

They’re also renewing a motion for judgment as a matter of law on the issue of genericness. Battaglia in September indicated the mark may have become generic, but left the matter for a jury to decide, and he denied a similar motion made at the close of the trial. Now, Farr and Brandenburg are again asking him to reconsider and decide the issue himself.

(Read the motion about genericness here.)

SDCC seeks to overturn the jury’s decision for reasons of its own, unhappy that the jurors found that the infringement wasn’t willful, and awarded paltry damages. They are asking Judge Battaglia to either issue a judgment in their favor as a matter of law or, alternatively, to grant a new trial on the issues of wilfulness and damages.

SDCC attorney Callie Bjurstrom described the arguments to The Hollywood Reporter:

“SDCC argues that in view of the documentary evidence presented at trial and the testimony of Defendants’ witnesses, the only reasonable conclusion the jury could have reached was a finding of willfulness,” she writes. “SDCC further argues that rampant mistrial conduct by Defendants and their counsel, including impermissible and highly prejudicial statements made in opening and closing statements, as well as consistent evidentiary missteps that violated numerous prior Court orders, Defendants prevented the jury from reaching a reasonable conclusion on the issue of willfulness.”

Bjurstrom also says SDCC is asking the court to enter judgment as a matter of law that it is entitled to an award of the disgorgement of the Salt Lake event’s profits.

SDCC also wants a permanent injunction to bar Farr and Brandenburg from continuing to refer to the Salt Lake event as a “comic con.” (Read the motion here.)

And SDCC wants the court to award $4.5 million in attorneys’ fees and costs, because of the strength of the evidence presented about its trademark, and to punish the “unreasonable manner in which” Farr and Brandenburg defended themselves:

“Defendants admit they were aware of SDCC’s registered marks prior to selecting the infringing marks,” writes Herrera. “Defendants admit they never bothered to seek legal advice regarding the significance of SDCC’s federal trademark registrations. Defendants looked around and saw that others were using ‘comic con’ with and without a hyphen and assumed they could too.”

A hearing on the motions is currently set for May 3.

[Thanks to Dave Doering for the story.]

Pixel Scroll 12/13/17 It’s Crackers To Scroll A Rozzer The Pixel In Snide

(1) RECOMMENDED BY NINE OUT OF TEN. The BBC scanned the media and concluded: “Star Wars: The Last Jedi has critics in raptures”. (Except for Variety and The Verge.)

“Rousing.” “Thrilling.” “Addictively bold.” Just a few of the superlatives the critics are using to describe the latest film in the Star Wars saga.

The Last Jedi, writes the Telegraph, is “enormous fun” and “will leave fans beaming with surprise”.

The Guardian calls it “an explosive sugar rush of spectacle” possessing “a tidal wave of energy and emotion”.

Variety, though, swims against the tide, describing it as “the longest and least essential chapter in the series”.

Rian Johnson’s film, says Peter Debruge, is “ultimately a disappointment” that “gives in to the same winking self-parody that is poisoning other franchises of late.”

Writing in The Verge, Tasha Robinson tends to agree: “Audiences will likely come away from The Last Jedi with a lot of complaints and questions.”

(3) SPACE BALONEY. A history of fake Star Wars news — “Inside the ‘Star Wars’ Fake News Con That Tortured Fans for 20 Years” from Thrillist.

There was little legitimate movie news on the internet in early 1997, most tidbits trickling down from Hollywood’s print trade magazines, but the pioneering gossips and rumormongers of today’s post-and-verify-later model of online journalism hustled to find scoops and stake a claim with the eager readership. In its infancy, Ain’t It Cool News dished out flashy updates from its network of film industry spies; Corona’s Coming Attractions was a meticulous clearinghouse of rumors on just about every movie in development; for those that required all Star Wars, all the time, there were laser-focused sites like TheForce.net and RebelScum.com, which aggregated the latest Star Wars news (while occasionally dropping scoops of their own).

There was an embarrassment of rumor riches, and though a high percentage of the Star Wars scoops were bunk, people dove right in, elated that the most beloved film franchise of their youth had blasted back to the fore of pop culture. There was no reliable editorial oversight, only a treasure hunt, and the burden of bullshit detection fell on the reader. Which is how ludicrous stories — like the howler that nearly half the footage shot for The Phantom Menace came back from the lab out of focus — gained real traction in 1998.

(3) LICENSE TO SHILL. Techdirt’s Timothy Geigner began his coverage of last week’s SDCC v SLCC jury trial with some brutal criticism for Rose City Comic Con, who accepted a free license from SDCC to use the “comic con” name: “Opening Statements In The Trademark Battle Of The Comic Cons, While Other Regional Cons Go Full Judas”.

Of course, the problem with this study is that no matter what the public in the SDCC’s sample indicated, the simple fact is that comic conventions throughout the country have been using the term “comic con” with wild abandon. As they did so, it seems that the SDCC was in some sort of trademark hibernation for years, with no action against all of these national comic cons that I can find. SLCC made the same point in its opening argument, their defense seemingly settling on the notion that the term “comic con” had become generic….

It seems that the SDCC fully anticipated this defense and decided to attempt to undermine it by finding a comic con out there, any comic con, to enter into a laughably cheap licensing agreement. That SDCC is doing this only at the same time it is bringing this suit to trial makes its motive plain and naked. It’s a shameless attempt to give its long-abandoned trademark the imprimatur of now having an actual licensee. As disappointing as the SDCC’s actions are, those of the sellout cons are all the more so. Just read the press release from Rose City Comic Con in Portland about how it licensed the “comic con” mark and you’ll get an idea of just how likely it is that the SDCC basically scripted this thing for them.

“Rose City Comic Con, Portland, Oregon’s largest comics and pop-culture convention, is proud to announce its association with San Diego Comic Convention for its three-day event taking place September 7-9, 2018 at the Oregon Convention Center. Rose City Comic Con received the license at no additional cost to the show, and acknowledges the trademark owned by San Diego Comic Convention and is excited to affiliate itself with the prestigious event.”

“Comic-Con, the San Diego convention, is without question the biggest and most important event in the comics and popular arts industry every year. To have the respected event recognize the hard work of Rose City Comic Con by providing a license agreement is really remarkable for the city of Portland and the incredible community of creators we’re lucky to have here,” said Rose City Comic Con founder Ron Brister.

So moist does Rose City seem to be over its free license that it must have failed to understand the motive for this free gift by the SDCC and the damage it might do to all of the other comic cons out there that are now or might in the future be under threat by SDCC. Now, I don’t believe that SDCC managing to squeeze a few licensees from this national barrel of turnips suddenly means that it didn’t long ago abandon the “comic con” mark, but it seems obvious that these sorts of free licenses aren’t for everyone. I expect the SLCC, for instance, would have jumped at a free license early on in this process. Perhaps it would instead have stood its ground on principle, but given the enormous cost in time and money, not to mention that this thing has dragged out now for several years, I doubt it.

So nice job, Rose City. While one con fights not just for its life, but for the common sense notion that “comic con” should no longer be considered a legit trademark, you went full Judas. Hope those 30 pieces of silver are worth it.

(4) DEAD ON ARRIVAL. The train left Helsinki on December 13 on its way to Rovaniemi, the capital of Lapland. One of the passengers won’t make it alive. Adweek reveals how “TBWA Is Turning a Speeding Train Into an Escape Room for Murder on the Orient Express”.

The “Escape Train” will travel 1,000 kilometers (621 miles) over 13 hours. The plot follows thus: A mysterious death has occurred aboard the train. Which player can identify the killer among them?

…The game was designed and built by InsideOut Escape Games, an escape room game pioneer in Finland. Challenges and puzzles will be movie-inspired, with two train carriages reserved exclusively for execution, but over a dozen cabins will be available for players to explore over its 13-hour run.

Online, people will also be able to watch the action as it happens.

“This is a rare opportunity to build a whole new type of game—it taking place on an actual train, with other passengers on board, adds a lot to the dynamics of an escape room experience,” says InsideOut’s Ágnes Kaszás. “To my knowledge, it is the longest-running game ever made, and we are very excited to be able to design it in the spirit of the new hit movie. It’s a dream come true, both for us and the players!”

 

(5) HELPS TO MAKE THE SEASON BRIGHT. Kim Huett asks, “What about a bonus full-colour Doctor Strangemind post given we’re heading into Christmas? Sure, why not.” So in “Virgil Finlay & Fungi! In Colour!”, Huett gives one of sf’s great artist a little help:

Hopefully this seasonal fungi will help to brighten up the lives of those of you currently trudging through winter. I like to think a dead fir festooned with such colourful parasites would look every bit as festive as the traditional sort.

(6) JUSTICE LEAGUE NEEDS A DOG. In “(Super)man’s Best Friend”, Claremont McKenna College fellow Steven J. Lenzner tells Weekly Standard readers that recent movie and TV versions of Superman have neglected Krypto, who is a good dog who wants to protect Superman.

We readers are shown Krypto’s thoughts—and those thoughts, both in form and content, show him to be a model dog. Krypto thinks only in the present tense, employing—to the extent possible—one-syllable words with concision; that is to say, he thinks as one would imagine a dog thinking. Moreover, the content of his thoughts goes far toward explaining the old adage that dog is a Kryptonian’s best friend. Krypto is, as befits a good American dog, deeply concerned with his happiness—and what makes him happy, above all, is his master’s praise: “Good boy.” The first word of the story is Krypto’s (“Man”), as is the last word (“Happy”). And in between Krypto displays the cardinal canine virtues: loyalty, courage, and affection. Krypto loves his friends and hates his enemies. And his circle of friends has a limited radius. He has none of that easy and indiscriminate affection that diminishes the charm of a dog’s love for its master.

(7) IT’S BULL. In “Hitler banned it; Gandhi loved it: ‘The Story of Ferdinand,’ the book and, now, film”, the Washington Post’s Karen McPherson discusses the classic children’s book written by Munro Leaf and illustrated by Robert Lawson, which has just been remade as Ferdinand.  She discusses how the previous animated version of the film, Disney’s 1938 Ferdinand the Bull, won an Academy Award and how Leaf and Lawson’s book was praised by Franklin and Eleanor Roosevelt and denounced by Adolf Hitler, who called the book “dangerous democratic propaganda.”

Leaf wrote “The Story of Ferdinand” in less than an hour one rainy fall afternoon as a gift to his good friend Lawson. Contending that “dogs, rabbits, mice and goats had all been done a thousand times,” Leaf focused his story on a Spanish bull named Ferdinand who eschews fighting for flower-sniffing, refusing to fight even when forced to face the matador in the ring. Instead, Ferdinand sits down to enjoy the fragrance of the flowers adorning the hair of women spectators.

(8) PEDAL TO THE MEDAL. Pretty soon it’s the robots that will be citius, altius, fortius: “A humanoid robot carried the Olympic torch in South Korea”.

One of the traditions of the Olympics is the torch relay, in which people carry the flame from Olympia, Greece to the location of the Games. In 2018, the Olympic Games will be held in Pyeongchang, South Korea, and the torch relay is currently underway. Earlier this week, the HUBO, the humanoid robot, carried the flame for part of its journey.

HUBO only covered 150 meters (about 500 feet) with the torch, but its presence was largely symbolic. As part of its torch duties, HUBO performed an example of a disaster rescue operation in which it cut a hole in a brick wall (while still holding the torch). It was intended as a “display of innovation and creativity,” according to PyeongChang 2018 Organizing Committee President LEE Hee-beom.

(9) TODAY IN HISTORY

  • December 13, 1951 The Day The Earth Stood Still received its theatrical premiere in the UK.
  • December 13, 1996 — Tim Burton’s Mars Attacks! came out on this day.

(10) TODAY’S BIRTHDAY CHIMNEY SWEEP

  • Born December 13, 1925 – Dick Van Dyke

(11) COMICS SECTION.

  • Usually you look in the Bible for what happened “In the beginning…” but Chip Hitchcock found the answer at Mr. Boffo.

(12) BIG BIRD. When they had happy feet, you got out of their way: “Giant Prehistoric Penguins Once Swam Off The Coast Of New Zealand”.

An international team of scientists have announced the discovery of a previously unknown species of prehistoric penguin.

The bird waddled around off the east coast of New Zealand between 55 and 60 million years ago. And it was a giant as far as penguins go. The researchers estimate that it probably weighed about 220 pounds and was around 5 feet 10 inches tall.

“That’s about as tall as a medium-sized man,” says Gerald Mayr, a paleontologist at the Senckenberg Research Institute and Natural History Museum in Franfurt, Germany, and the lead author of the new study published today in Nature Communications. “This particular specimen is one of the largest known fossil penguins.”

The largest living penguin, on the other hand, the Emperor penguin, is a good bit shorter — around 4 feet.

The scientists have named the new species Kumimanu biceae, which means ‘monster bird’ in the Maori language. (Kumi is the name of a monster in Maori mythology and manu means bird.)

The new finding is really cool, says Julia Clarke, a paleontologist at the University of Texas, Austin, who wasn’t involved in the study. “I mean, what’s not cool about a human-sized penguin?” she says.

(13) THANKS FOR YOUR TECH. Despite their service being blocked, Google will open an artificial intelligence centre in China.

Google is deepening its push into artificial intelligence (AI) by opening a research centre in China, even though its search services remain blocked in the country.

Google said the facility would be the first its kind in Asia and would aim to employ local talent.

Silicon Valley is focusing heavily on the future applications for AI.

China has also indicated strong support for AI development and for catching up with the US.

(14) DOZOIS REVIEWS. The title of his December 13 entry is “Gardner Dozois Reviews Short Fiction” but most of it is brief descriptions of stories recently on Tor.com or in F&SF. Should that be what you’re looking for, you’ll find it at Locus Online.

(15) GLOBAL SWARMING. The BBC expects “Robot swarms to map the seafloor”.

It’s one of those truisms that we know the shape of the surface of Mars and the Moon far better than we know our own planet.

The reason for this is Earth’s oceans: they cover 71% of the globe and are impenetrable to the satellite mapping techniques we use so capably on those other worlds.

The scientific community has set itself the ambitious goal of correcting this anomaly.

The aim is to have no feature on the ocean floor larger than 100m unmapped by 2030.

It’s a huge task when you consider at the moment the vast majority of the water-covered parts of Earth are known to a resolution no better than about a kilometre.

Some big technological shifts will be required in the next 10 years to correct the picture. And that is really the raison d’être behind the Shell Ocean Discovery XPRIZE.

A $7m pot has been offered to find the systems and strategies that will bring about a step change in bathymetric (depth) mapping.

(16) PIPE DOWN. Kameron Hurley talks back to that Bitter Midlister Voice in her head, in “What Comes Next? Everything”.

… We have all met or heard from bitter midlisters. These are the people who publicly rant about how the success of their bestselling peers has nothing to do with quality, but with luck, or favoritism, and how the game is rigged against them. They bloviate on forums and social platforms about how they didn’t get the sort of success they were owed. This is often how you can differentiate the bitter midlister from those simply exhausted by the –isms inherent in publishing. Bitter midlisters feel that they are owed success by virtue of their existence, instead of simply that they understand they need to work harder in a system rigged to favor certain types of books and authors….

It used to be that when I wrote, I’d be railing against all the outside voices, the supposed gatekeepers, the editors and agents who rejected my work. As I’ve become more skilled, I realize that my greatest enemy isn’t them at all, and never was. My greatest enemy these days is just myself, and the BMV™.

I have a great deal to achieve in this, the second half of my life. The last year of horror had led me to double down on my worst tendencies, to withdraw, to simply endure. But I want the next thirty years of my life to be more than mere endurance. I want to truly thrive. I want to come into my own as a skilled artist, as a novelist. It’s always been my goal to be an exceptionally skilled novelist, the best, and I won’t get there by hiding in my house in Ohio with a pillow over my head and nursing the BMV™

(17) COULD HOLD A THOUSAND ROSETTAS. “Nasa’s New Horizons probe strikes distant gold” — the target past Pluto is at least two objects.

The American space agency’s New Horizons mission has struck gold again.

After its astonishing flyby of Pluto in 2015, scientists have just discovered that the probe’s next target is not one object but very likely two.

Earth-based observations suggest the small icy world, referred to simply as MU69, has a moonlet.

It seems New Horizons will now be making a two-for-the price-of-one flyby when it has its encounter on New Year’s Eve and New Year’s Day, 2019….

(18) TICKETY BOO. “Dracula ticks in amber tell ancient blood-sucking tale”. The BBC report reminded Chip Hitchcock of Brian Aldiss’s “Poor Little Warrior,” which describes human-size parasites (possibly ticks?) on a Brontosaurus; these are more typical in size.

Scientists say the discovery, which has echoes of Jurassic Park, is the first direct fossil evidence that ticks fed on the blood of dinosaurs.

The research is published in the journal, Nature Communications.

”Ticks parasitised feathered dinosaurs; now we have direct evidence of it,” co-researcher Dr Ricardo Pérez-de la Fuente of the Oxford University Museum of Natural History told BBC News.

…Together, these findings suggest that ticks have been sucking the blood of dinosaurs for almost 100 million years.

(19) RENDEZVOUS WITH…? Is the weird shape unnatural? Stand by, while “Interstellar asteroid checked for alien technology”.

A project searching for intelligent life in the cosmos is going to check the first known interstellar asteroid for signs of alien technology.

The odd-shaped object was detected as it sped towards the Sun on 19 October.

Its properties suggested it originated around another star, making it the first such body to be spotted in our cosmic neighbourhood.

An initiative backed by billionaire Yuri Milner will use a radio telescope to listen for signals from it.

The team’s efforts will begin on Wednesday, with astronomers observing the asteroid, which is currently speeding away from our Solar System, across four different radio frequency bands.

(20) BATTLE OF THE SJW CREDENTIALS. It’s a Conestoga catastrophe.

(21) THE SHAPE OF WATER. The Shape of Water director Guillermo del Toro appeared with Jimmy Fallon on The Tonight Show. He begins by saying his manager’s call about the Golden Globe nominations woke him up “it took me four nominations to find the glasses.”

(22) LEGO ANNIHLATION. Mark Hepworth sent the link with a note: “Either genius, or a tragic waste of Lego. The main event starts at about 2:50.”

David, Henrik and Sylvia plays with Lego. This time it’s the giant 1.2 meter, 3152 piece, 3.5 kg heavy Star Wars – Super Star Destroyer. This episode has a twist to it. We mount the Super Star Destroyer on the rocket sled and accelerate it up to 108km/h. Very rapid disassembly follows.

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

(11) TODAY’S BIRTHDAY GIRL

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

We don’t know.

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

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

  • Sense8 — Finale Special First Look

  • Marvel’s Jessica Jones: She’s Back

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

 

(23) BEFORE THEY WERE FAMOUS. Marcus Errico, in “The secret history of ‘Christmas in the Stars,’ the bonkers ‘Star Wars’ holiday album co-starring Jon Bon Jovi” on Yahoo! Entertainment, discusses the super-cheesy and super-obscure Star Wars Christmas album that came out in 1980.

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

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

 

Playlist

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

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

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

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

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

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

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

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

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

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

The panel of judges will be announced soon.

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

Fiction

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

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

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

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

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

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

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

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

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

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

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

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

Jeffrey Smith sent a note with the link:

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

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

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

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

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

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

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

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

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

(12) TODAY IN HISTORY

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jury Decides in Favor of San Diego Comic-Con

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

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

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

[Thanks to Dave Doering for the story.]

Salt Lake Comic Con Defendants Take the Stand

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

SLCC’s Dan Farr told Facebook followers on Wednesday:

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

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

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

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

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

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

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

When the jury returned, lawyers led Brandenburg through questioning:

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

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

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

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

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

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

Brandenburg confirmed he did not.

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

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

“No, it is not,” Brandenburg replied.

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

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

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

[Thanks to Dave Doering for the story.]

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

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

Brandenburg also wrote to supporters:

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

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

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

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

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

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

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

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

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

[Thanks to Dave Doering for the story.]

Ninth Circuit Lifts Gag Order in SDCC v SLCC Suit

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

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

The Ninth Circuit judges overruled the order, saying:

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

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

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

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

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

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

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

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

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

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

[Thanks to David Doering for the story.]

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

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

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

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

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

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

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

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

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

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

Additional rulings were made about expert witness testimony.

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

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

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

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

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

The court decision was handed down Tuesday, September 12.

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

The latest Salt Lake Comic Con begins September 21.