Category: Politics

Go, Ken, Go! -- Part 1: Sonic Fandom ca. 1996

I'd like to talk about Archie v Penders, because it fascinates the hell out of me. In fact, I've got enough to say about it that I'll be on the subject for most of the week, if not longer.

But I should probably get some disclosure out of the way first.

First of all, my feelings on creators' rights are pretty well known.

And second, I corresponded with Ken Penders for years in the mid-1990's and he was pretty cool to me.

It may be hard to remember in these days where I can just get into a political debate with Ethan van Sciver or ask Kurt Busiek about his unpublished Final Fantasy comics, but it wasn't so long ago that most people didn't have the Internet and it wasn't common for fans to connect directly, personally, and regularly with comics creators.

The first cartoonist who I ever knew to directly engage his fans online was Ken Penders. (Not the first person, and not even the first person who worked on Sonic the Hedgehog at Archie -- that honor goes to editor Paul Castiglia, who likewise was a class act -- but the first person who was actually writing, drawing, and inking the things.)

In those days, the main place where I participated in Sonic fandom was on a mailing list run by Ron Bauerle. And when I say "mailing list" I mean something less sophisticated than an automated majordomo system; I mean people E-Mailed Ron and he forwarded those E-Mails to a list of addresses, manually, with some edits and comments of his own.

Ken was kind, engaged, patient, and forthcoming. He took the credit or blame for ideas that were his, and he was entirely candid about decisions that were forced on him by Archie or Sega.

I always liked the guy, though I grant I often had a funny way of showing it. I was thirteen, fourteen years old, and behaved about like you expect an angry, entitled, teenage member of comic book fandom to behave. And Ken was always patient and polite with me (and others), even when I didn't earn it.

In my defense, there were times when he actively and transparently trolled the fans. The biggest thing that ever happened on Ron's mailing list was when one day Ken posted -- in a fake casual, "oh by the way" manner -- that he'd just written a script where he killed off Princess Sally.

He may not have deserved all the vitriol he got for that -- but he did very clearly and deliberately invite it.

(And while I remember being nastier than I should have been, I won't recant the substance of my criticism of the story -- if possible, my disdain for the "women in refrigerators" and "revolving door of death" tropes has only deepened in the intervening years. It was a terrible idea, a terrible execution, and, all right, at least the "Director's Cut" reissue of #50 shows that editorial meddling made the comic even worse than if Ken had done it the way he wanted to.)

But again, I always liked Ken -- he was a nice, friendly, forthright guy, who made time for his fans. Even when I didn't like the comics he was writing or drawing, I still liked him.

And, nontrivially, I also think he's a big part of why Archie's Sonic comic is still out there.

The mid-1990's were a weird time for Sonic fandom. The cartoon had ended, and the games were going through what would become the longest dry spell in their history.

Nobody expected, fifteen and twenty years ago, that Sonic the Hedgehog would still be running in 2013, zooming toward issue #250. (And that fact is essential to understanding the current legal disputes. It looks to me like Archie got sloppy with its paperwork, precisely because this was a licensed comic that they didn't think would last. But more on that tomorrow.)

Indeed, Ken didn't tell us at the time, but there was every possibility that the book was going to end with #50. I mean, given that the story arc was called Endgame, that should have been obvious, in hindsight.

But Ken, more than anybody else, is the guy who kept the book afloat. He's the one who took the wheel in the teens (#16?) and decided the book should depart from the slapstick roots of the Scott Shaw/Mike Gallagher/Dave Manak era and generally start to look more like the Saturday morning cartoon. He wrote more complex, character-based stories. That's how the comic attracted an audience outside its 8-to-12-year-old target, how it managed to keep its 8-to-12-year-old target, and generally the reason there's still a Sonic comic at all. Ken believed in the book, he took it seriously, he made it the best he could. It wasn't always great -- in fact, there were times it was downright lousy. But a Ken Penders story was still usually better than anything printed in the first 15 issues.

And look, I quit reading Sonic comics ages ago. People say Ian Flynn is great and I take them at their word. I definitely acknowledge the possibility that he's writing better comics than Ken ever was. I don't know.

But I am pretty confident that Ian Potto would never have gotten a job writing Sonic the Hedgehog if not for Ken Penders. Firstly, because there wouldn't have been a Sonic comic if Ken hadn't shepherded it through some of its most turbulent years, and secondly, because it was guys like Ken, Paul, and Karl Bollers who interacted directly with the fandom and created an environment where fans like Flynn and Dawn Best could actually make the step to pro.

So anyhow, that's my bias in all this. I like Ken Penders as a dude. I like a lot of what he did when he wrote and drew Sonic and Knuckles. I don't like a lot of what he did, too -- and while a lot of that's down to editorial meddling by Archie and Sega, some of it is indeed down to decisions made by Ken himself.

But that's not why I think he's right and should win the case against Archie -- indeed, when he first announced he was pursuing legal remedies I thought he must be crazy, and said so, rather rudely.

But as the facts have come out, I've found myself believing Ken isn't just morally in the right, he's legally in the right.

And that doesn't have anything to do with whether I, or anyone else, actually like him, as a person or as a writer or as an artist.

That's a point Sonic fanboys just can't seem to grasp in this case: whether or not you personally like Ken Penders's Sonic and Knuckles comics is completely irrelevant to the merits of his legal case.

Prenda Law Circles the Drain

In light of the recent excellent news of the legal sanctions facing copyright troll Prenda Law, here are some things I wrote on the subject a couple months ago. Originally posted on Brontoforumus, 2013-03-07, 2013-03-12.


...so have you guys been paying attention to the Prenda Law case? Because it's pretty amazing.

Prenda Law is one of those copyright trolls that sends people threatening letters alleging that they've illegally downloaded porn. The idea is that people would rather pay a settlement than be a named defendant associated with downloading porn.

It's extortion. Which is bad, and was bound to catch up with Prenda sooner or later.

But that's actually the tip of the iceberg. Popehat has an exhaustive rundown, but the highlights are that Prenda Law is most likely run by people who own the rights to the porn videos in question and who have not disclosed that interest, and also they appear to have stolen a guy's identity and named him as their CEO. (He's suing them.) The lawyer who's been representing them in court appears to be distancing himself from the organization now and blaming his bosses for everything; the judge seems righteously pissed and has dropped the word "incarceration" into his list of potential sanctions.

A followup post indicates that the company's entire business strategy appears to be to buy up cheap rights to porn movies that are cheap because they're frequently pirated, and then pursue pirates, ostensibly to reduce piracy and increase the value of their investments.

I'm just astounded by the combination of stupidity and balls involved in this scam. I mean, at least people who run Ponzi schemes put some effort into appearing legitimate.

I understand the greed part. I just don't understand how they thought they could get away with it. Like I said earlier, if all they'd done was shake people down for blackmail money they could have gotten away with just having their business shut down; it's the layers of incompetent and half-assed fraud that are really breathtaking and liable to lead to disbarment and possible incarceration.

I am very much looking forward to seeing this organization dismembered and its corpse hung out as warning for all the other copyright trolls and would-be copyright trolls to see. Some prison time for the principals would be a bonus.


The bad news just keeps piling up for Prenda; now its owners/lawyers are facing potential disbarment and criminal investigations.

Popehat has lots more under the prenda-law tag, and Ars Technica has plenty under the tags intellectual-property and lawsuits.

Watch the Bigoted Shit Squirm

Heading south on the 17 tonight, I passed not one but two billboards exhorting me not to sign the recall petition for Sheriff Joe Arpaio. (Too late, asshole.)

This is a good sign. It means he thinks it's a real threat.

Hell, he seems to be taking it more seriously than I am. I signed the petition but I still expect him to wriggle out of this one, just like he's wriggled out of all the other attempts to hold him accountable at the ballot box or in the courts.

Obviously he's not really expecting anybody to choose not to sign the petition based on a billboard. He's just getting his ads in early so he'll be prepared for the real fight when it comes.

Still, seems like it might backfire -- how many people didn't even know about the petition until they saw one of those billboards?

And, not to put a fine point on it? The billboards are just south of Guadalupe, a town populated entirely by people who would vote to recall him. Seems like it might not be the best idea to put a reminder of the petition right in their backyard for them to see every day.

Cocaine Decisions / Classical Music

Not Cocaine Decisions the song (though that's what I was looking for when I found it!), but Frank discussing the corrosive force of the drug. And then a segment where he says classical music is as formulaic as pop music.

Uploaded by hazzaroonee, who doesn't give a certain source but says it's UK TV 1983.

Company Hippie

Same situation as yesterday -- sick wife, freelance deadline, plus tomorrow morning I've got to get up early so I can get my car to the tire shop as soon as they open and then get a ride to work. So here's another Zappa article from afka.net that I haven't actually taken the time to read: Understanding The Underground, by Frank himself, published in Record Mirror, January 17, 1970.