Category: Comics

James Clapper and Other Disgraces

So I mentioned last night that asking the question, "Is Snowden a hero or a traitor?" completely misses the fucking point.

Here now to completely miss the fucking point are The New Yorker's John Cassidy ("hero") and Jeffrey Toobin ("traitor").

I guess we should applaud The New Yorker for showing its journalistic integrity by presenting both sides of the not-actually-the-fucking-story.

Look. I don't give a goddamn if Edward Snowden raped a bear in his meth lab while canceling Firefly. First of all, he'd still be less of an asshole than Dick Cheney, and second, if you think it's okay for the government to spy on your phone and Internet habits, you should probably come up with a better reason than "Well, I'm for it because that bear rapist is against it!"

Now, I happen to believe, based on the limited information we have at the moment, that Snowden did the right thing, and also that Snowden has gigantic balls. But I don't believe he's the most important person in this story. I don't think he's even in the top fifty.

Someone who is in the top fifty is James Clapper, perjuring fuck and Director of National Intelligence, who recently testified before Congress that the government is totally not collecting surveillance information on millions or hundreds of millions of Americans. Here, go watch John Oliver kill it on his first episode as fill-in host of The Daily Show (and be sure to stick around for the Moment of Zen where 2006 Joe Biden explains how this sort of thing is totally not okay when a Republican does it).

Fred Kaplan at Slate advocates firing Clapper, because, among other reasons, he has proven himself totally incapable of discussing this subject in an intellectually honest fashion or any other kind of honest fashion.

Among other reasons, here's Clapper's inept fucking explanation for why his lie was actually true:

Rambling on in his rationalization to Mitchell, he focused on Wyden’s use of the word “collect,” as in “Did the NSA collect any type of data ... on millions of Americans?” Clapper told Mitchell that he envisioned a vast library of books containing vast amounts of data on every American. “To me,” he said, “collection of U.S. persons’ data would mean taking the book off the shelf and opening it up and reading it.”

Jesus Christ. Between this asshole and Petraeus, I'm beginning to worry that our entire intelligence apparatus is made up of people who can't even come up with a convincing lie if they're given months of warning and an entire team of speechwriters.

Hey Clapper -- this is my comic book collection.

Image: My comic book collection.

I haven't read most of those books in years. Does that mean they're no longer part of my collection? Or does reading them once count? Does that mean the comics I bought last week and haven't gotten around to reading aren't part of my collection yet? Is this some kind of quantum physics shit where my collection is altered by the act of observing it?

What about garbage collection? Does it only count as collecting my garbage if the sanitation workers break open the bags and root through 'em? Because I've never seen them do that, and yet the city keeps charging me a garbage collection fee anyway.

You get the point. He's claiming his lie is not actually a lie because he was using a definition of a word that he just completely made up. Like how I had sex with Natalie Portman. It's not a lie because when I say "had sex" I actually mean "sat on the couch" and by "with Natalie Portman" I mean "and played Nintendo".

Man, I have had so much sex with Natalie Portman.

I don't know if I'm even as bothered by his lying -- hell, that's his job, I'd expect nothing less -- as the sheer fucking laziness of his lying. It's downright goddamned insulting. It lacks even the sublime, recursive absurdity of "That depends on what your definition of is is." It's just worthless. And so is Clapper.

I don't really think throwing him out on his ass is going to change things. Throwing the Republicans out of the White House sure as hell didn't.

But what the hell, they still deserved to be thrown out, and so does he.

Firing Clapper certainly wouldn't guarantee we'd have an honest national discussion about the nature of our government's various spying programs.

But not firing Clapper will guarantee that we won't.

Welcome Back to Astro City

One morning when I was fourteen years old, my uncle asked me, over Sunday breakfast, if I'd heard of Astro City.

"It's great," he told me. "There's this kid who comes to the big city because he wants to get a job as somebody's sidekick."

"Sounds like something out of The Tick," I said.

"Kind of," he responded, "except that it's played totally straight."

So I picked it up, and Uncle Jon was right -- it was wonderful.

I don't remember if #4 or #5 was my first issue, but in short order I'd bought all the back issues too, including the trade of the original miniseries. I haven't missed an issue in the 16 years since. And most of them have been downright sublime -- while, at worst, some were merely all right.

Astro City has disappeared a few times over the years, usually owing to writer Kurt Busiek's chronic health problems. Yesterday, after a nearly three-year hiatus, it relaunched with a new #1. And it was delightful.

Straight away we're introduced to a new character (though one, Kurt teases, who we've seen before) called the Broken Man. He looks like Bowie in Labyrinth or Dream in Sandman, and he breaks the fourth wall and addresses the reader directly as he narrates the rest of the issue.

And what an issue it is. It's new-reader friendly and makes for a great jumping-on point -- but it still manages to pack plenty of nods in for the old fans. Brian Kinney, the kid who came to Astro City in 1996 to become a sidekick? He's in there. And some other familiar faces are too.

It feels like going home. It feels like checking in on old friends you haven't seen in years. And there's only one other comic book that makes me feel like that: Love and Rockets. I think it takes a pretty specific set of variables -- a strong, singular vision by the same creators over a sustained period of time, who are willing to let you feel that passage of time as their characters grow and age, and who are confident enough in their world-building that they can take a break from the same old characters, explore the world, and check back in on the old cast a few years later.

Reading Astro City is like coming home. There's a purity to it, and a joy, and an earnestness. In a time when the superhero genre and superhero fandom are dominated by cynicism, Busiek, Anderson, and Ross aren't afraid to show a world that's bright and full of wonder. And to tell a story that has a complete beginning, middle, and end all in one issue, even if it is Part One of something.

It's not entirely free of irony -- the Broken Man makes a crack about the previous story arc a couple of pages in that made me laugh -- but it's cheerful. It's a book that remembers that superheroes can be both fun and awe-inspiring.

Or not. Because, as much as anything else, it's also a book about ordinary people going about their ordinary lives in an extraordinary world. Regular folks, going to work, living their lives, raising their families.

And that's why Astro City struck a chord. And why it continues to resonate, two decades in. The title aside, it's not really about the city -- though the city is certainly important -- and it's not about superheroes -- though they're pretty important too. It's about people.

And in the new Astro City #1, Kurt Busiek delivers a solid story, with faces new and old, new mysteries, and the prospect of plenty of adventure to come.

As for Brent Anderson, he's really hitting his stride again too. I was a little disappointed with some of his recent work as he began experimenting with digital inking, but in this issue he's back to his crisp old self. His Samaritan, in particular, is a joy to see again, and he handles the rest of the sizable cast with aplomb. Whether he's doing an action scene or just swooping in on an ordinary family, he keeps the action brisk and dynamic. And I'm particularly fond of the new, Kirby-inspired alien character who shows up near the end of the issue.

Ross's cover (I got the "main" one, I guess?) is great as always, but this time it's more remarkable for its composition than for its detail, as 2/3 of it is the dark shape of two doors opening out on the world. It fits the story nicely -- both reflecting the mysterious door as a focal point, and drawing attention to the reader looking in on this world from outside, another key element of the story.


So, by all means, go out and buy the new Astro City #1.

And in the meantime, the original, 1995-vintage Astro City #1 is free on Comixology.

If you want a few more recommendations, my favorites are the first three trades, Life in the Big City, Family Album, and Confession. You can read them in any order (chronology is important for the later ones, namely The Dark Age and Shining Stars, though those appear to be out-of-print at the moment anyway).

And while I urge you to support your local comic shop or independent bookseller, well, if you'd rather do the Amazon thing here are some links that I'll get a kickback on:

  1. Life in the Big City (original miniseries -- 6 self-contained issues)
  2. Family Album (ongoing series #1-#3, #10-#13 -- some self-contained issues and short story arcs)
  3. Confession (ongoing series #4-#9, a single story arc, plus a short story from #1/2)
  4. Tarnished Angel (#14-#20, another arc)
  5. Local Heroes (#21-#22, the eponymous 5-issue miniseries, the Supersonic one-shot, Since the Fire 9/11 tribute -- mostly self-contained single-issue stories; I think there's one two-parter in there)

...and from there it looks like kind of a mess, with The Dark Age and Shining Stars apparently out of print for the time being. I'm guessing that'll change soon; maybe I'll update this post when they're easily available again. Meantime, it looks like the individual issues are pretty easy to get ahold of.

Anyhow, all this to say...I love me some Astro City, and the new #1 did not disappoint. I'm glad it's back.

Babysitting

Not much time to write this evening as my wife and I are taking care of our two-year-old nephew. So far we've made it through a Ninja Turtles (2012), a Yo Gabba Gabba (with Weird Al!) and a Batman: The Brave and the Bold.

That's after a trip to the comic shop -- I still haven't finished the comics I bought two weeks ago, but I had to grab the new Astro City.

Nephew made a beeline for the display case with the Batman figures in it. His favorite was the Aragonés one. He's got good taste.

Kirby on Work-for-Hire

One of the most common facts Kirby critics cite -- well, the ones who actually have a basic understanding of the facts of the case, anyway -- is that he sided with Marvel when Joe Simon attempted to recapture the rights to Captain America in 1966.

I'm reading Marvel Comics: The Untold Story, by Sean Howe. It's an excellent book, and recommended.

And I just came across the exact wording of Kirby's statement on the subject. It appears on page 77 of Howe's book, and he cites a post on 20th Century Danny Boy, which has a scan of the statement.

It reads, in part:

I felt that whatever I did for Timely belonged to Timely as was the practice in those days. When I left Timely, all of my work was left with them.

Kirby certainly seems to be suggesting that the work he and Simon did for Timely in the 1940's was work-for-hire and not spec work. As such, that does seem to undercut any later claims he or his family might make that he believed he and Simon created Captain America independently and had a right to terminate the transfer of copyright.

Critics of the Kirby Estate's legal maneuverings over the past few years cite that this shows that Jack knew his work in the 1960's was work-for-hire, too.

But does it?

Because from where I'm sitting, it seems to indicate exactly the opposite.

Kirby says, "I felt that whatever I did for Timely belonged to Timely as was the practice in those days." Why the past tense? If Kirby believed that the work he was doing in the 1960's was work-for-hire, that it was owned by Marvel, and that he had no stake in it -- why would he refer to that arrangement as what "was the practice in those days", decades earlier? Why wouldn't he use the present tense? Why wouldn't he indicate that this was still the practice at the time he was writing that statement, if he believed that to be the case?

Kirby's words in this document clearly imply that he believes the work-for-hire arrangement is a thing of the past, and not a standard agreement at the time he wrote the statement in 1966.

Quantum and Woody

I haven't talked about the questions surrounding the upcoming, non-Priest-and-Bright Quantum and Woody comic because there's so much we don't know and I didn't want to jump the gun.

Today, for the first time, we got word from Mark Bright that the situation with Valiant is "amicable":

As far as I know Priest hasn’t spoken to anyone about anything concerning Quantum and Woody other than myself and that happened only within the last month or so… Our position with Valiant isn’t adversarial. The people at Valiant have been more than willing to talk about what is happening at the company and with Quantum and Woody and with Priest and me. What happens from here is yet to be seen, but everything thus far has been amicable.

Pretty vague, but it gives me hope.


Let me back up. (Ooh, out-of-sequence storytelling. Just like...Quantum and Woody!)

Quantum and Woody was a comic book in the mid-1990's, created by writer Christopher Priest and artist Mark Bright. It was a superhero buddy-cop comedy. It was funny as hell and became a cult hit; it remains one of my all-time favorite comic books.

Quantum and Woody was published by Acclaim, a video game company that was briefly in the comics business, having bought out a publisher called Valiant.

Priest and Bright's contract contained a reversion clause -- if the book went out of print, they had the opportunity to buy the rights.

But Acclaim went bankrupt. Its assets were auctioned off. Somebody bought the rights to its superhero line, and eventually a couple of Valiant fans bought the company name and those rights.

Now, I've done a bit of reading on bankruptcy law. And yes, it is possible for somebody to buy up copyrights without buying into the contracts associated with them. This is, legally, a breach of contract -- but the company liable for the breach is the bankrupt company, not the buyer.

Which, I'm not gonna lie, seems pretty goddamn stupid from where I'm sitting. What the fuck good is it to make a bankrupt company liable for anything? It's not like they're ever going to pay any damages.

Anyhow, the new Valiant doesn't appear to have done anything legally wrong. Indeed, they appear to be treating the old Valiant/Acclaim creators better than they're legally obligated to -- the article I linked above suggests that they are paying royalties for the back issues they've put up on Comixology, and while it doesn't cite a source, I think that would go a long way to explaining why things are "amicable" with Priest and Bright -- and Kevin Maguire, who had some harsh words for Valiant back in March but who has since smoothed things over with them.


So what happened, anyway?

Kevin Maguire claimed, back in a series of posts on Bleeding Cool in March, that Priest and Bright attempted to trigger their reversion rights before Acclaim's bankruptcy but that Acclaim stonewalled them on a technicality.

Rich Johnston, on the other hand, has uncovered a 2005 interview where Priest says he and Bright never acted on reversion because they were busy with other projects.

Now, it could be that Priest was being diplomatic and keeping things close to the vest -- that would be consistent with his silence on the matter these last few months.

Or it could be that Maguire is mistaken and Priest and Bright didn't attempt reversion.

The answers aren't clear, and probably never will be.

But it's good to hear that things are amicable, and it sounds like Valiant is in touch with Priest and Bright and is making an effort to do the right thing. That's great news.

What would be better would be to read some actual new material by Priest and Bright -- Quantum and Woody or anything else. Fingers crossed.


Meanwhile: IGN is running Quantum and Woody Weekly, by James Asmus and Ty Templeton, to promote the upcoming series. And I have to admit, the first one made me smile.

It's not Priest and Bright. But it's not bad.

Con

Well, I did end up making it to Phoenix Comicon this past Saturday. I'm still not feeling top of my game but I'm improving.

The whole thing was pretty overwhelming and uncomfortable but I managed to meet and get autographs from most of the creators I wanted: Mike and Laura Allred signed my X-Force #116 and commented proudly that it was the book that signaled an end of the Comics Code; I also got autographs from Ben Templesmith (Fell #1), Mike Mignola (the first Hellboy trade), Terry Moore (Echo #1), and John Layman (Chew #5). I brought a TMNT #50 in case I got a chance to meet Kevin Eastman, but he was one of the few creators who had a long line.

Really I think that's the best thing about Phoenix Comicon: so many creators, so few lines.

Case in point: the legendary Don Rosa.

The only piece of merchandise I wound up buying at the convention was a signed print of Uncle Scrooge diving into his money bin. I chatted with Mr. Rosa a bit and told him how much I appreciated his work and his recent Epilogue essay, where, among other things, he discussed how poorly he's been treated by Disney. Disney refused to allow the essay to be printed in The Don Rosa Collection; Rosa commented to me that that resulted in far more people reading it than would have if they had just printed it. I told him that there's a name for that on the Internet: the Streisand Effect.

Don Rosa is one of the most popular cartoonists in the world. In the few minutes I got to speak with him, I also found him to be a sharp, funny, genuinely nice man.

He's an inspiration -- and I think one of the things he should inspire people to do is to get mad. Mad that a man of his talent, a man who has made the Disney corporation millions, only ever got a page rate for the work he did.

Shame on Disney. And all my gratitude to Mr. Rosa. I'll be putting this print in a frame and keeping it forever -- and remembering that I put some money in the artist's pocket, which, sadly, he doesn't get when you buy a copy of The Life and Times of Scrooge McDuck.

Company

Will make it light this evening as I've got company.

Slowly starting to feel better; might make it out to Comicon tomorrow. Meanwhile, asthma feels worse and I'm pretty hoarse. You win some, you lose some.

Scandal!

I think Ruben Bolling pretty much nailed my opinion on the misplaced priorities of the latest raft of Obama Administration scandals.

You know what? If an organization has the words "Tea Party" in its name, it's probably a partisan political organization that shouldn't be given tax-exempt status!

So why did the IRS go after groups with "Tea Party" in their names, and not, oh, I don't know, ...
...
...
...actually, I really don't know. Finish that sentence for me, everyone who is morally outraged that the IRS looked for "Tea Party" as convenient shorthand for "partisan political organization". What word or phrase should they have been looking for to nail partisan Democratic organizations to the wall in 2010? Name a ubiquitous catchphrase from the 2010 election season that was synonymous with the Democratic Party.

The Tea Party orgs weren't victims of a partisan witch hunt, they were victims of their own success. Democrats weren't targeted because they didn't have their shit together. They didn't have an easy, two-word phrase that was endlessly repeated in the media or associated with nationwide rallies.

The most upsetting thing about the IRS scandal is the prospect that the IRS will now be gun-shy about questioning partisan political organizations about whether they should really be tax-exempt. That's something they really should be doing -- and yes, they should be doing it to both parties. I'm just noting that, in the election cycle in question, one party made it a lot easier on them than the other.

As for Benghazi -- Benghazi was a tragedy. And the Obama Administration gave pretty mixed messages in the days after about whether it was a planned terrorist attack or a spontaneous outburst.

It's entirely possible that the Obama Administration deliberately delayed making a connection to Al Qaeda because it was right before the election. I wouldn't put it past them. And if that happened, then yeah, that's pretty fucking distasteful.

But when the same sons-of-bitches who praised Bush for what great leadership he showed in failing to stop a certain other terrorist attack on a certain other 11th of September, and who praised him for lying about Iraqi WMD's to drag us into war, rant about how the Benghazi talking points are worse than Watergate, well, Darrell Issa can go sit on a rusty rake.

Spying on the AP, on the other hand? Yeah, I can see room for some Watergate comparisons there. Which I suppose is why it's a distant third on the Fox News Obama Scandal Talking Points.

Course, it's kinda hard to act outraged at a governmental war on whistleblowers when you've spent the past three years crying for Julian Assange's head on a platter, but it's not like Fox News has ever let ideological consistency get in the way of cheering for Republicans and deriding Democrats. Trevor Timm at the Freedom of the Press Foundation recently penned an article titled Virtually Everything the Government Did to WikiLeaks is Now Being Done to Mainstream US Reporters; this of course is precisely what Wikileaks' defenders were warning everybody about when this mess started. That's the thing about the First Amendment -- you start carving out tiny exceptions, sooner or later you're going to find out they're not so tiny after all.

So yeah, I'd say the only legitimate scandal here is the one that the Republicans are spending the least amount of time on -- and the only one where nobody's been fired and Obama's said everything went exactly the way it was supposed to.

It would be great if we had a real opposition party; Lord knows we need one. We need politicians who are really willing to stand up to the President's excesses, for the right reasons instead of just to get attention and campaign contributions.

Sometimes I worry that the closest thing we've got in Congress to someone who's really willing to stand up to the President when it matters is Rand Paul. And that thought depresses me so goddamn much I think I'm going to go grab another beer.

Mystery Illnesses

As my wife gets home from the latest barrage of tests to try and determine just what exactly sent her to the ER those past couple times, I find myself once again experiencing symptoms from my own trip to the ER, some years back. I've got this sense of dizziness, loss of balance, difficulty with depth perception. Sometimes it's just kind of a dull distraction; sometimes it's so intense I find it difficult to get out of bed in the morning. At any rate it hasn't been bad enough to prevent me from going to work, so I'll call that a win. Especially inasmuch as Monday I get a mandatory unpaid vacation day. Ahhh, the life of a temp.

Monday night as I was getting into bed, I knocked my glass of water off the end table. After I cleaned it up and put my sheet back on the bed (at a 90-degree rotation from how it's supposed to go) I realized I'd gone to bed with my contacts in. So I went and took them out, and on the way back to bed I managed to walk into both the doorway and the bedframe.

I feel like I'm barely functional, and I'm the more functional partner in the household. As you might expect, this results in things like dishes stacking up and floors going uncleaned (short of having water knocked all over them, I suppose).

Hoping to get my shit sorted out by Comicon this weekend. I went last year and it was a little overwhelming, but I'd still love a chance to get the Allreds' autographs. But I'm a pragmatist -- if I feel this lousy on Saturday, I'm not going the fuck anywhere.

Go, Ken, Go! -- Part 4: Bibliography

I think this'll round off my Ken Penders coverage for now -- maybe I'll post more when there's news; maybe I'll write a post about why I care enough about the rights to silly mid-1990's Sonic the Hedgehog comics to spend so much time and so many words on the subject, just as soon as I figure that out myself.

Anyway, here's a list of articles about Archie v Penders and the related legal disputes. I posted comments in many of these threads myself, and it's interesting (to me at least) to watch as I go from initial skepticism -- "Penders signed a contract, he had to have" -- to eventually realizing that the root of Penders's claim is that no, he didn't sign a contract, and then slowly come to believe that he's right and Archie really did forget to make him sign one.

Far and away the most legwork on this story has been done by Tristan Oliver of TSSZ News. TSSZ's coverage has been extensive, and I intend to link a few highlights here; please understand that this is by no means an exhaustive sample of everything Oliver and his associates have written on the subject. For a more thorough list, check their Penders+Copyright tag.

By the way, though: I would advise not reading the comments section on any TSSZ News story about the Penders case. The comments section is a wretched hive of scum and villainy.

(Also: My sister-in-law owns cats named "Tristan" and "Oliver". That's kinda weird.)


Ken Penders Presents... by Ken Penders, kenpenders.com, 2010-07-07. Ken's opening salvo, where he first claims that he owns or co-owns the copyrights to everything he ever wrote or drew for Archie's Sonic the Hedgehog, Knuckles the Echidna, and assorted related specials.

Has Archie Lost Rights to Sonic Reprints? by Johanna Draper Carlson, at her blog Comics Worth Reading, 2010-07-11. This is the first I heard of the story; Ken's name was a bit of a blast from the past and I was surprised to hear it in the comics news.

Ken Penders Claims Sonic The Hedgehog Rights by Rich Johnston, Bleeding Cool, 2010-07-10. The first of Bleeding Cool's long-running coverage of the case.

Archie v Penders thread at Brontoforumus, 2010-07-12 to 2013-07-09 -- this thread is assembled from all the posts I (and others, but mostly I) have written on the subject for the past several years across multiple threads. It makes for a good quick run-down to read it all end-to-end.

Archie Comics Files Federal Lawsuit Against Ken Penders, by Tristan Oliver, TSSZ News, 2010-12-01. While there had been legal wrangling prior to this, this is where the lawsuits actually started. And it is important to remember, throughout this discussion, that while fanboys continue to misstate the basic facts of the case, Archie sued Ken Penders, not the other way around. (Penders has sued Sega and EA -- we'll get to that in a bit -- but he has not sued Archie. Archie sued him.)

Penders Affidavit Offers Intimate Look At His Sonic Comics Tenure by Tristan Oliver, TSSZ News, 2011-03-03. Oliver looks over the affidavit. This is where the meat of the dispute starts to become clear: Penders is claiming he never signed a work-for-hire agreement; Archie has submitted documentation to the contrary but Penders is disputing its authenticity; Penders has other creators from the same period who back up his story. Money quote: "First, the signatures are not believed by me to be authentic."

Inside Ken Penders's Alleged Work for Hire Agreements with Archie by Tristan Oliver, TSSZ News, 2011-03-07. Oliver highlights the contracts Archie has submitted as evidence, and notices a number of discrepancies in them.

Ken Penders Files Lawsuit Against Sega, Electronic Arts by Tristan Oliver, TSSZ News, 2011-06-01. As the name implies, this is the filing of Penders v Sega and EA, over the game Sonic Chronicles: The Dark Brotherhood, which features characters who resemble the Dark Legion from Ken's Knuckles comics.

Inside Ken Penders’s Copyright Lawsuit Against Sega, EA by Tristan Oliver, TSSZ News, 2011-06-03. More detail on the suit, notably including Penders's allegations that BioWare approached him about helping develop Sonic Chronicles, which would certainly imply they were familiar with his work and the Dark Brotherhood's resemblance to the Dark Legion is not coincidental.

The Ken Penders/Archie Comics Lawsuit Continues by Rich Johnston, Bleeding Cool, 2011-06-24. More coverage of the contracts Archie submitted as an exhibit in the case, and Penders's claim -- with support from Scott Shaw and Elliot S Maggin -- that the contracts are illegitimate.

Coming Soon in 2012, by Ken Penders, kenpenders.com, 2011-12-01; Ken's statement of intent to publish his characters in his own comics, without Archie or Sega (or Sega's trademarks). At the time of this writing the thread has posts in it on up through last October; a lot of it is just Ken going in circles patiently trying to explain copyright and trademark law to his forum trolls, but if you can get through it there's a lot of edifying information on the claims he's making in the case and the legal tack he's taking with them.

Ken Penders To Publish Sonic The Hedgehog Characters On His Own by Rich Johnston, Bleeding Cool, 2011-12-04; a response to the above post. The comments thread had some interesting discussion and links related to how Archie handled the TMNT license; the TMNT Adventures comic ended around the same time the Sonic comic started, though unfortunately it's no longer up and only part of it is available on archive.org.

Inside the Archie v. Penders Pre-Trial Report by Tristan Oliver, TSSZ News, 2012-02-13. Notes some of the names on the witness list; a number of former Archie editors and freelancers were slated to testify and corroborate Ken's claim that Archie did not make him or other Sonic freelancers sign work-for-hire agreements.

Penders Case: Scott Shaw Claims Copyright to his Archie Sonic Work by Tristan Oliver, TSSZ News, 2012-03-20. Includes an affidavit from Shaw, as well as one from Maggin saying he never signed a work-for-hire agreement for an issue he did of Archie's Super Teens around the same time.

Ken Penders Stops Diamond From Distributing Sonic Collections by Rich Johnston, Bleeding Cool, 2012-09-14. This was an early sign that Penders's claims were causing trouble for Archie; in the months since Archie has continued to put out reprints of Penders's Sonic work through Diamond, but among other measures it's altered covers so that his characters don't appear on them.

Settlement Terms Reached in Archie v. Penders Copyright Case by Tristan Oliver, TSSZ News, 2012-12-04. For a minute there, it really looked like it was almost over.

Flynn Addresses Altered Sonic #244; Fans Look To Penders Settlement by Tristan Oliver, 2012-12-27. A recent issue of Sonic the Hedgehog has most of the Knuckles the Echidna supporting cast sent through a Warp Ring and effectively written out of the series indefinitely. Notably, the characters in question are among those Penders created and is seeking to claim copyright on.

Archie Fighting Proposed Dismissal of Penders Copyright Case by Tristan Oliver, TSSZ News, 2013-03-27. And then the talks broke down and Penders moved for dismissal. In one of my favorite legal filings ever, Archie's lawyer argues against dismissing the case with prejudice because this would be, and I quote, "greatly prejudicial".

Penders Counsel Asks Court to Ban Knuckles Archives #4 Sale, Related Material in Dispute by Tristan Oliver, 2013-04-19. Ken's tightening the screws and pushing for an injunction; the judge has not made a decision yet.

Archie Desperate To Settle, But Can’t Without Sega – The Latest In The Ken Penders Sonic Comics Case by Rich Johnston, Bleeding Cool, 2013-05-09. A fantastic transcript of a May 2 court session; the judge quotes Laurel and Hardy but the transcript reads more like an Abbott and Costello routine. Counsel for both Archie and Penders state that they want to settle but that they haven't been able to get Sega to sign off on their terms.

And here we stand -- there's been no news since. The judge granted both parties more time to bring Sega to the table to approve their settlement, and that's the last we heard; neither Bleeding Cool nor TSSZ News has posted any updates on the case since.

I suspect all sides are hoping to settle rather than go to trial. If they settle, most of the terms will be private. But if talks break down, the case will go to trial. And from there, probably an appeal by whichever side loses. This could stretch on for years more. But like I said yesterday, I hope it doesn't -- I hope it gets settled on terms that are favorable to Ken.

Of course, while that would close the book on Penders's case, it wouldn't preclude all the other Sonic freelancers from that era from coming forward with claims of their own. As we've seen, there are lots of creators making the same claims Ken has -- and if he gets a settlement, they'll be angling for settlements of their own.

Stay tuned...


Update 2013-07-09: Archie v Penders has been settled. Two more related links:

It's Over. by Ken Penders, kenpenders.com, 2013-07-01. Ken announces that he is moving forward with The Lara-Su Chronicles.

Judge Officially Dismisses Archie v. Penders Case by Tristan Oliver, 2013-07-02. TSSZ News confirms that the case has been settled and the suit dismissed.


Update 2015-09-24: I'm late on this, but I recently found out that Penders v Sega et al was dismissed (due to a mistake in how the paperwork was filed, not due to any decision on the merits of the case itself).

TheAmazingSallyHogan has the most thorough summary of both cases that I have seen to date; it is well worth reading in its entirety.