(1) IN SUIT OVER CONTROLLED DIGITAL LENDING PARTIES FILE FOR SUMMARY JUDGMENT. This week both parties to the lawsuit over “controlled digital lending” — four publishers on one side and the Internet Archive on the other — filed motions for summary judgment Publishers Weekly reports: “Publishers, Internet Archive File Dueling Summary Judgment Motions in Scan Suit”. A motion for summary judgment asks the court to render a decision on the record already submitted.
The battle lines have now been drawn in a potentially landmark lawsuit over the scanning and lending of books. In a motion for summary judgment filed this week, lawyers for Hachette, HarperCollins, Wiley, and Penguin Random House argue that the Internet Archive’s controversial program to scan and lend books under an untested legal theory known as “controlled digital lending” is a massive piracy operation “masquerading as a not-for-profit library.” And in a dueling motion for summary judgment, the Internet Archive counters that its scanning and lending program does not harm authors and publishers and is a public good protected by fair use.
The publishers contend Internet Archive’s practices violate copyright law:
…Yet Internet Archive assumes that all “information should be free” and has searched for years to find a legal rationale for its radical infringements. Around 2018, it helped manufacture and market a theory called “controlled digital lending” or “CDL,” which was developed with no input from authors or publishers and without the imprimatur of Congress. Directly contradicting the idea that copyright protects a bundle of divisible rights, IA posits that it is lawful for a library to make digital copies of any print book it acquires and distribute that digital copy over the internet, without a license, as long as (a) the library uses digital rights management (“DRM”) technology to prevent additional copying, and (b) the library “only loan[s] simultaneously the number of [print] copies that it has legitimately acquired.” SUMF¶436. Regardless of whether it actually complies with CDL – and it does not – Internet Archive’s practice of CDL violates fundamental principles of copyright law, and undermines market incentives necessary to spur the creation of new works…
The Internet Archive’s motion gives this explanation of Controlled Digital Lending:
…CDL is fundamentally the same as traditional library lending; it’s just a better way of getting the book to the one patron who borrowed it. Because every book in the Internet Archive’s print collection has already been bought and paid for, everyone agrees the Internet Archive could loan those books by handing or mailing them to a patron. The only difference is that the Internet Archive is loaning the books over the Internet. Either way, the books on loan are not available to other patrons until they are returned….
The Electronic Frontier Foundation issued a press release supporting the Internet Archive’s motion: “Internet Archive Seeks Summary Judgment in Federal Lawsuit Filed By Publishing Companies”.
“The publishers are not seeking protection from harm to their existing rights. They are seeking a new right foreign to American copyright law: the right to control how libraries may lend the books they own,” said EFF Legal Director Corynne McSherry. “They should not succeed. The Internet Archive and the hundreds of libraries and archives that support it are not pirates or thieves. They are librarians, striving to serve their patrons online just as they have done for centuries in the brick-and-mortar world. Copyright law does not stand in the way of a library’s right to lend its books to its patrons, one at a time.”
(2) IT CAUGHT ON IN A FLASH. Space Cowboy Books presents an “Online Flash Science Fiction Reading” on July 19 at 6:00 p.m. Pacific. Register for free here.
Join us online for an evening of short science fiction readings with authors Douglas A. Banc, Ricardo Victoria, and Adele Gardner. Flash Science Fiction Nights run 30 minutes or less, and are a fun and great way to learn about new authors from around the world.
(3) MUSK TO TWITTER: EJECT! “Elon Musk tells Twitter he wants out of his deal to buy it” reports CNN.
Elon Musk wants to terminate his $44 billion deal to buy Twitter — the latest in a whirlwind process in which the billionaire Tesla CEO became the company’s biggest shareholder, turned down a board seat, agreed to buy the social media platform and then started raising doubts about going through with the deal. The next chapter in the saga is almost certain to be a court battle.
Musk claimed in a letter to Twitter (TWTR)’s top lawyer that he is ending the deal because Twitter (TWTR) is “in material breach of multiple provisions” of the original agreement, which was signed in April, according to a regulatory filing Friday evening.
Musk has for weeks expressed concerns, without any apparent evidence, that there are a greater number of bots and spam accounts on the platform than Twitter has said publicly. Analysts have speculated that the concerns may be an attempt to create a pretext to get out of a deal he may now see as overpriced, after Twitter shares and the broader tech market have declined in recent weeks. Tesla (TSLA) stock, which Musk was planning to rely on in part to finance the deal, has also declined sharply since he agreed to the deal….
(4) SOCIETY OF ILLUSTRATORS. An exhibit of top African-American artists in the comic book industry, “The Artist’s Experience: from Brotherman to Batman”, is being hosted by the Society of Illustrators through October 29.
The Society of Illustrators has announced a dynamic installation on display in the museum that delves between the pages of comic books and explores the artists’ process. “The Artist’s Experience: From Brotherman to Batman” on display from June 15 through October 29, 2022. The exhibit celebrates some of the top African-American artists in the comic book industry, and was co-curated by renowned culture journalist and writer Karama Horne (Marvel’s Protectors of Wakanda: A History and Training Manual of the Dora Milaje) and Eisner Award-nominated artist and writer Shawn Martinbrough (How to Draw Noir Comics: The Art and Technique of Visual Storytelling, Thief of Thieves, Red Hood), whose work will be featured along with over sixteen other talented artists.
… Also featured are Eisner Award-winning artists Afua Richardson (Black Panther World of Wakanda, HBO’s Lovecraft Country), Alitha Martinez (Batgirl, World of Wakanda) and John Jennings (Octavia Butler’s Parable of the Sower), as well as veteran artists Larry Stroman (Alien Legion, X-Factor) and Darryl Banks (Green Lantern).
Artwork from award-winning artist Ronald Wimberly, founder of the experimental art magazine THE LAAB (whose Prince of Cats graphic novel is currently being adapted to film by Spike Lee), Khary Randolph, Jamal Igle, Micheline Hess, Sanford Greene, Eric Battle, Marcus Williams, Chuck Collins, Damion Scott and Robyn Smith will all be on display, as well.
(5) TOLL ON LIBRARY WORKERS. “Groundbreaking Study Explores Trauma, Stress in Frontline Library Workers” — Publishers Weekly gives an overview.
… The 2022 Urban Libraries Unite Trauma Study draws upon a wide-ranging literature review, survey responses from more than 435 urban library workers (conducted between August and September 2021), focus groups, and a two-day forum. The final report paints a vivid picture of the difficult working conditions facing many urban librarians and library workers, as well as a promising framework through which the library community can begin to address its needs.
“It is clear that there is a crisis of trauma in urban public libraries and the evidence for this is so overwhelmingly compelling that it seems likely that trauma impacts work in libraries of all types across the profession,” reads the report’s conclusion. “It is also clear from the literature search and the conversations that created this report’s conclusions that the library profession is starting to wake up to this deeply corrosive crisis.”
The report describes a range of violent or aggressive patron behavior toward library workers, including racist and sexist verbal abuse, harassment, physical assault including having guns and other weapons brandished, and drug and alcohol issues including overdoses. In addition, library workers reported significant instances of “secondary trauma” from constant interactions with community members (including children) struggling with poverty, homelessness, mental illness, or drug abuse….
(6) EATING THE FANTASTIC. Scott Edelman invites listeners to join David Gerrold for a breakfast buffet on episode 175 of the Eating the Fantastic podcast.
Now it’s time for breakfast with David Gerrold, who I first encountered when I was 12, because I saw the Star Trek episode scripted by him, “The Trouble with Tribbles,” when it first aired in 1967. And they say 12 is the Golden Age of science fiction, right?
But David is so much more than that famed episode. He’s the author of more than 50 books, hundreds of articles and columns, and numerous hours of television. His TV credits include episodes from Star Trek (such as the aforementioned “The Trouble With Tribbles” and “The Cloud Minders”), Star Trek Animated (“More Tribbles, More Troubles” and “Bem”), Babylon 5 (“Believers”), Twilight Zone (“A Day In Beaumont” and “A Saucer Of Loneliness”), Land Of The Lost (“Cha-Ka,” “The Sleestak God,” “Hurricane,” “Possession,” and “Circle”), Tales From The Darkside (“Levitation” and “If The Shoes Fit”), Logan’s Run (“Man Out Of Time”), and others.
His novels include When HARLIE Was One (which I believe was the first prose of his I read, at age 17), The Man Who Folded Himself, The War Against The Chtorr septology, The Star Wolf trilogy, and The Dingilliad young adult trilogy, the Trackers duology, and many more. The autobiographical tale of his son’s adoption, “The Martian Child,” won the Hugo and Nebula awards for Best Novelette of the Year and was the basis for the 2007 movie, Martian Child. He was the 2022 winner of the Robert A. Heinlein Award, which was presented during Balticon.
We discussed what he means by “humility in the face of excellence,” the curse of fame and why J. D. Salinger may have had the right idea, how the more you know the slower you write, the challenge of living up to having won the Heinlein Award (and why Heinlein once called him “a very nasty man”), the scariest story he ever wrote, how Sarah Pinsker helped him understand what he really felt about Ursula K. Le Guin’s “The Ones Who Walk Away from Omelas,” the kind of person he might have been had he not moved to L.A. as a kid, the fannish way he found out he’d been nominated for a Hugo Award, how it feels to already know what the headline of his obituary will be, and much more.
(7) TOM FABER ON VIDEO GAMES. [Item by Martin Morse Wooster.] In the Financial Times behind a paywall, Tom Faber recalls seeing Braveheart with his cousin, who asked, “Where are all the wizards?”
On surveying my collection of fantasy movies and video games the next day, I realized that almost all of them were set in a place that resembled 13th-century Scotland, from Lord Of The Rings to Skyrim to Game Of Thrones. Given that fantasy is the only genre that gives writers unlimited creative licence to dream up the wildest worlds, why do we see the same tired cliches again and again?…
…This is finally starting to change with the emergence of game developers outside the conventional industry hubs who are weaving new fantasies from the threads of their own history and myths. Earlier this year, Mexican studio Lienzo released Aztech: Forgotten Gods, which imagines a sci-fi world in which the Aztecs were never conquered. Rafi: An Ancient Epic incorporates Hindu mythology and draws inspiration fro the Mahabharata and the Ramayana. Maori developer Naphtali Faulkner created the stylish Umurangi Generation, a photo game set in a near-future New Zealand. Meanwhile, Aurion: Legacy of the Kori-Odan and the ambitious upcoming game The Wagada Chronicles both explore complex African mythologies.
(8) NOT JUST ANY STREAM. “Ben Aaronovitch’s Rivers of London novels are set for TV adaptation” – the Guardian tells about the deal.
A new partnership will bring together all nine of the novels, plus the accompanying short stories, novellas and graphic novels, for the screen.
Rivers of London is part urban fantasy, part police procedural, centring on detective constable Peter Grant. A newly graduated police officer from London, he is recruited in the first book by wizard and inspector Thomas Nightingale to the Folly, a police unit working on supernatural crimes, after an encounter with a ghost….
(9) DIRDA ON BOOKS OF INTEREST TO FANS. Michael Dirda reviews three volumes of Folio Society collections of Marvel comics and three volumes of Penguin Marvel collections. He also reviews a book called Cosplay which is a history of cosplayers going back to Worldcon masquerades. “Marvel comics in updated editions from Penguin and Folio, reviewed” in the Washington Post.
…All this past spring, then, I was eagerly looking forward to recapturing some of that ancient enchantment by immersing myself in six colorful volumes of Marvel superhero comics: three Penguin Classics collections of the early adventures of Spider-Man, Captain America and Black Panther, and three Folio Society best-of collections devoted to Spider-Man, Captain America and Hulk.
For fans, both series are desirable and contain little overlap. The general editor of the Penguin editions, Ben Saunders, a comics scholar from the University of Oregon, provides historical background on how Stan Lee, Jack Kirby, Steve Ditko and others co-created these modern legends. Contemporary writers such as Qiana J. Whitted, Gene Luen Yang, Jason Reynolds and Nnedi Okorafor contribute additional introductions or winningly personal forewords. Appendixes feature recommended reading lists and sometimes supplemental essays, such as Don McGregor’s memoir of how he wrote the multi-issue “Panther’s Rage,” which supplied some of the plot elements to the “Black Panther” movie. Each of these collectible Penguin hardbacks runs to roughly 350 pages and is priced at $50. Paperback editions cost $28.
The Folio Society volumes cost $125 apiece, but for purists they offer a slightly more authentic reading experience….
…At least, I continue to be childishly delighted by adult cosplay, the practice of dressing up as a favorite fictional or cinematic character. As our troubled superheroes know, donning a mask can be liberating, a way of releasing one’s deeper self. Appropriately, Andrew Liptak’s opens his chatty “Cosplay: A History” by looking at costume balls, historical reenactors, Halloween and the tradition of masquerade night at science-fiction conventions. Still, his heart really belongs to the Star Wars franchise.
Harv’s first foray into expository text was with a column in the fondly recalled Menomonee Falls Gazette (a weekly newspaper of comic strips) in the fall of 1973. A couple years later, he launched his Comicopia column in No.130 of the Rocket’s Blast – ComiCollector, which, by then, had been taken over by James Van Hise from Gordon Love, the founder. For RB-CC, he created a mock comicbook superhero, Zero Hero.
In March 1980, Harvey abandoned early columns and started writing for The Comics Journal, with a new effort, The Reticulated Rainbow, starting in No. 54 and continuing regularly under various titles for an insufferably long time. By the time he was in his eighties, Harv’d become, probably, the Journal contributor with the greatest longevity.
Bob also was a longtime contributor to Jud Hurd’s Cartoonist PROfiles magazine, The Thompson’s Comics Buyer’s Guide, Hogan’s Alley, and Nemo, the Classic Comics Library, among others. He also contributed to the early version of the scholarly comics publication Inks. The R.C. Harvey archives for The Comics Journal can be accessed here, and his recent Humor Times columns are here.
Harvey has written or collected and edited thirteen books on comics and cartooning, including his Milton Caniff: Conversations (2002) from the University Press of Mississippi, followed by a full biography of Caniff, Meanwhile… A Biography of Milton Caniff, Creator of Terry and the Pirates and Steve Canyon (2007) published by Fantagraphics. His most recent book is Insider Histories of Cartooning: Rediscovering Forgotten Famous Comics and Their Creators (2014) from UPM. A complete list of his books appears at his website.
Harvey still has two books scheduled to be released this Fall. He annotated the current Fantagraphics Complete Pogo series giving context to references in Walt Kelly’s comic strip, Volume Eight will arrive with R.C.’s contribution. He has also wrote and assembled The Art and History of Popeye due later this year.
(11) LARRY STORCH (1923-2022). Actor Larry Storch died July 8 at the age of 99. His most famous role was the scheming Corporal Agarn of F Troop (1965-1967). His genre work included co-starring with Bob Burns (who wore a gorilla costume) and Forrest Tucker on the Saturday morning children’s show The Ghost Busters. Storch appeared in more than 25 films, including The Monitors (1969, based on a Keith Laumer novel), and Without Warning (1980). He voiced characters in animated shows such as Merlin the Magic Mouse and Cool Cat. In Journey Back to Oz he voiced Aunt Em and Uncle Henry’s farmhand Amos.
(12) KAZUKI OBITIARY. Yu-Gi-Oh! creator Takahashi Kazuki hwas found dead at sea says Deadline. He was 60.
Takahashi Kazuki, the creative force behind manga trading card and Japanese entertainment franchise Yu-Gi-Oh!, has been found dead, according to local public broadcaster NHK.
It was reported Takahashi, whose real name is Kazuo Takahashi, was discovered floating while in snorkeling gear in near Okinawa Prefecture in Japan on Wednesday. A coast guard is looking into the cause of death.
Takahashi began as a manga artist in the 1980s and found success in 1996 when he created manga comic series Yu-Gi-Oh! and began serializing it in Weekly Shonen Jump magazine. He later outlined the rules for an accompanying trading card game.
The franchise grew to span several TV shows, manga spin-offs and video games and is now one of the highest-grossing of all time….
(13) MEDIA BIRTHDAY.
2003 – [By Cat Eldridge.] Some amazingly strange series come out of Canada. So it is with the Alienated series that debuted nineteen years ago this day on the Space network in Canada. It lasted for two seasons and a mere twenty-two episodes.
I’ve no idea who created it since, in true Heinleinian fashion, the serial numbers seem to have been completely filed off.
It was a comedy centered on a stereotypical suburban family living in Victoria, British Columbia who undergo strange and often overtly sexual changes (all nudity was pixillated) after being abducted by aliens. The mother was played by Sarah-Jane Redmond best remembered as Lucy Butler on the Millennium series and the father was played by Johnathan Whittaker who later shows on up The Expanse as Sec-Gen Gillis.
I think it was, to say the least, not aimed at all at being tasteful based on episode titles of the likes of “Where’s the Vagina?”, “Hard to Keep a Good Man Down” and “Where’s the Saltpeter?”. I have no idea what time of the evening it was broadcast in but I’m betting it was later on.
Critics, the few who actually bothered with reviewing it, found it entertaining. It never got a proper wrap-up as it was cancelled in the way so many of these low rated series are — in the middle of the night when no one is looking.
(14) TODAY’S BIRTHDAYS.
[Compiled by Cat Eldridge.]
- Born July 8, 1914 — Hans Stefan Santesson. Trifecta of editor, writer, and reviewer. He edited Fantastic Universe from 1956 to 1960, and the US edition of the British New Worlds Science Fiction. In the Sixties, he edited a lot of anthologies including The Fantastic Universe Omnibus, The Mighty Barbarians: Great Sword and Sorcery Heroes and Crime Prevention in the 30th Century. As a writer, he had a handful of short fiction, none of which is available digitally. His reviews appear to be all in Fantastic Universe in the Fifties. (Died 1975.)
- Born July 8, 1933 — Michael Barrier, 89. One of the few actors not a regular crew member on the original Trek who shows in multiple episodes under the same name. He was DeSalle in “The Squire of Gothos”, “This Side of Paradise” and “Catspaw”. While he has the same name each time, he does not have the same shipboard job as he serves as a navigator in the first episode, a biologist in “This Side of Paradise” and assistant chief engineer in “Catspaw”.
- Born July 8, 1942 — Otto Penzler, 80. He’s proprietor of The Mysterious Bookshop in New York City who edits anthologies. Oh does he edit them, over fifty that I know of, some of genre interest including The Big Book of Sherlock Holmes Stories, Zombies! Zombies! Zombies! and The Black Lizard Big Book of Black Mask Stories which an original Lester Dent story in it. Back in the Seventies, with Chris Steinbrunner, he co-wrote the Encyclopedia of Mystery and Detection for which they won an Edgar Award.
- Born July 8, 1951 — Anjelica Huston, 71. I’m going to single her out for her performance as The Grand High Witch of All The World, or Eva Ernst in The Witches, a most delicious film. She was also wonderful as Morticia Addams in both of the Addams Family films, and made an interesting Viviane, Lady of the Lake in The Mists of Avalon miniseries.
- Born July 8, 1955 — Susan Price, 67. English author of children’s and YA novels. She has won both the Carnegie Medal and the Guardian Prize for British children’s books. The Pagan Mars trilogy is her best known work, and The Sterkarm Handshake and its sequel A Sterkarm Kiss, will please Outlander fans.
- Born July 8, 1958 — Kevin Bacon, 64. The role I best remember him for is Valentine “Val” McKee in Tremors. He also played Jack Burrell in Friday the 13th, David Labraccio in the most excellent Flatliners and Sebastian Caine in Hollow Man.
(15) TUTTLE’S PICKS. “The best recent science fiction and fantasy – review roundup” by Lisa Tuttle in the Guardian. Covers The Daughter of Doctor Moreau by Silvia Moreno-Garcia; Thrust by Lidia Yuknavitch; The Ballad of Perilous Graves by Alex Jennings; Life Ceremony by Sayaka Murata and Old Country by Matt and Harrison Query
(16) SUPER-PETS CASTING. “The Good Place star confirmed as Wonder Woman in new DC movie” – Digital Spy knows her name.
(17) BIG NUMBERS. “Six Flags Magic Mountain to debut record-breaking Wonder Woman coaster” – KTLA has details.
WONDER WOMAN Flight of Courage will take riders on a thrilling adventure for the very first time next Saturday, July 16.
Riders will reach speeds of up to 58 mph and can expect a steep climb up a 131-foot hill, an intense 87-degree drop and three inversions (like a loop) along the coaster’s 3,300-foot track.
Before boarding, those waiting in the Greek-inspired ride queue will be treated to immersive storytelling and a deep dive of the comic book heroine’s history and greatest accomplishments…
(18) IT WILL TAKE YOU THERE. “‘Portals will be as important as the car’: the architects exploring gateways to new dimensions” at the Guardian.
…The examples range from the rabbit-hole in Alice in Wonderland and the wardrobe in the Narnia books, to Dr Who’s Tardis, Back to the Future’s DeLorean and Platform 9¾ in Harry Potter, via all manner of holes, mirrors, cracks, bridges and “energy frames” found in sci-fi and fantasy fiction. Their timeline tells an eye-opening story, charting the explosion of portals after the second world war, marked by the likes of The Sentinel by Arthur C Clarke (which formed the basis of the film 2001: A Space Odyssey), the Wayback Machine in Peabody’s Improbable History, and the tollbooth from the 1961 book The Phantom Tollbooth, written by architect Norton Juster.
The following period, leading up to the cold war and the space race, saw portals take the form of massive energy-intensive machines and weapons built in the battle for world domination. They highlight the 1960s TV series The Time Tunnel, where thousands of people work under the desert surface on a secret megastructure, which would allow the US military to travel in time, noting how its iconic spiral design went on to inspire countless portals in future stories. The period after the cold war, meanwhile, saw portals serve more satirical and comical roles in lowbrow sci-fi and family movies – such as the phone booth in Bill and Ted’s Excellent Adventure, or the people-eating television in the 1980s body horror film Videodrome.
They found one of the most recurring types of portal to be the “portable hole”, first featured in the Looney Toons cartoon The Hole Idea in 1955, in which a scientist demonstrates his device for rescuing a baby from a safe, cheating at golf and escaping from housework. It later appears in the Beatles’ film Yellow Submarine, in the form of the Sea of Holes, as well as in Who Framed Roger Rabbit, reaching a hole-studded peak in the 1985 Marvel cartoon character, Spot – whose body is covered in portals…
(19) VIDEO OF THE DAY. [Item by Martin Morse Wooster.] In “Stranger Things Season 4 Pitch Meeting”, Ryan Geroge, in a spoiler-packed episode, says the villain this season is a guy who is bald, strong, doesn’t have a nose, and is clearly not Voldemort, Also several characters manage to remain alive by not explicitly dying in front of the camera during their death scenes.
[Thanks to Andrew Porter, Chris Barkley, Michael Toman, Cat Eldridge, Mike Kennedy, Martin Morse Wooster, JJ, and John King Tarpinian for some of these stories. Title credit belongs to File 770 contributing editor of the day Lise Andreasen.]