M. C. A. Hogarth (haikujaguar) wrote,
2013-02-08 19:51:00

The Return of Spots the Space Marine

Last night many of you alerted me to the reappearance of the e-book edition of Spots the Space Marine on Amazon. I hope you’ll join me in applauding Amazon’s decision to reinstate the book. Amazon and other major retailers have given me wonderful opportunities as an independent author, not just in e-books but in print and audiobooks. The stories I’ve sold to magazines launched my writing career but it’s the sales I make from these outlets that allow me to buy food for my family.

I cannot say enough good things about the Electronic Frontier Foundation, who have been enthusiastic, supportive and productive. They pursued my case with passion and principle and are standing by should any more developments necessitate their aid. Many of you have asked if you can help me pay my legal costs; I would encourage you to donate to the EFF to help support their good work.

At this point my defense is done unless legal action develops in response to the reinstatement of Spots. But this is one small battle in a long war, and we must continue to protect common terms by refusing to reshape our creations to placate over-zealous legal teams. If you’ve run afoul of this sort of behavior, you are not alone, and help is out there. My experience proves it.

I continue to be gravely concerned by the lack of due process shown me. There’s a tradition of facing one’s accuser, and one of the worst parts of this ordeal was having no petition, no appeal, no right to defend myself and point out the absurdity of the claim against me. It seems that some may take advantage of this for a cheap legal ride, damaging someone’s income and reputation simply by firing off an email. This is wrong and nothing about Spots’ outcome will prevent it from happening again. I’m not sure how a change in that process might be effected, but until that happens we’ll have to continue to stand together.

On a personal note, I want to tell you what an unbelievable few days it’s been. When I first received the take-down notice from Amazon, I was stunned—a single email seemed to imbue the world with a formless menace. For most of two months I’ve been walking with hunched shoulders, fighting a sort of numb disbelief. When I made my post on Tuesday I didn’t know what to expect and was on the verge of surrender. What happened instead has reaffirmed my faith in the benevolence and decency of people everywhere.

I tell my daughter that there’s magic in the world and that human beings are responsible for creating it. You all have proved that decisively. I’ll never forget the past few days, and for that I and my family thank you earnestly from the depths of our hearts.

Space marines forever!
—Maggie

Edit: By request, a link to the book on Amazon, and Smashwords for other e-book formats.

Mirrored from MCAH Online.

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ellenmillion

February 9 2013, 00:53:58 UTC 3 months ago

*cheers!*

_eljefe_

February 9 2013, 01:01:51 UTC 3 months ago

Great to here! Good job keeping the faith!

greylistening

February 9 2013, 01:03:10 UTC 3 months ago Edited:  February 9 2013, 14:59:40 UTC

I will be donating to EFF.

dragonmyst

February 9 2013, 01:23:55 UTC 3 months ago

I cheered, I squealed, (I bought a copy and told everyone I know to buy one too). I can only imagine how numbing it would be to be faced with this situation.

{{{hugs}}}

Congrats hun.

archangelbeth

February 9 2013, 01:27:10 UTC 3 months ago

I am so glad the EFF came through for you. *hugs*

pyraxis

February 9 2013, 01:45:26 UTC 3 months ago

Long live space marines!

jorrocks_j

February 9 2013, 01:50:04 UTC 3 months ago

You are a good person and in the right, and it is enormously satisfying to see the good and the right win.

But you did not win by being good and right. You won by being cool-headed, persistant, resourceful and above all, well-prepared.

Prior to this you had cultivated your brand which included a huge social network. You can talk to anybody and everybody, engagingly and perceptively, and this allowed you to build up a huge web of variously-talented acquaintances who themselves had their own webs of acquaintances.

Need came and you began to draw this net in. You of course held your ground firmly, civilly and articulately which provided a center, the good footing for the haul. And as you hauled things in --legal advice, publicity, social influence--you tossed them back in the sea (to extend the metaphor) with the wish that they might help you in your work.

And in the end the big fish who thought to so easily swallow you, lies gasping on the deck. You don't need a bigger boat when you cast a very, very wide net.

If I were a crook I would not want you to be the detective tracking me.

--Skarl the Drummer

asakiyume

February 9 2013, 02:24:12 UTC 3 months ago

Well said, Skarl!

houseboatonstyx

3 months ago

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...and 4 more comments... from houseboatonstyx, greylistening, playfuleye… Expand

dracosphynx

February 9 2013, 01:59:30 UTC 3 months ago

I might also suggest another way to help would be to check with local/school libraries to see if they do not have copies of Heinlein, E.E. Smith, etc. on the shelves, and then see if they would like some. (Though please ask first — they might not have the room. They might also prefer hardbacks over paperbacks or vice versa.) Or, when someone is holding a drive for book donations, donate the classic sci-fi (or the trope starters, if you will.) Or, if you have a waiting area, stock it with the classics for reading material.* **

The attempt to take a classic trope and trademark it — make it less generic — can only work if the heritage is obscured or buried. Keeping the classics kicking around and available for the next generation cannot hurt. If the next generation only grows up with the GW version of space marines, then GW will have won.

(Of course, nothing stops GW from donating a bunch of their books to libraries, too, mind you. However, hopefully we could ensure that the libraries have *all* space marines, regardless.)

*If someone is feeling really ornery, they could publish a non-fiction article on the evolution of the space marine trope from its origins to all the current incarnations. Given all the media attention, some places might be interested in having a ‘What is a space marine?’ primer to show to readers, after all.

**Having local libraries stocked with Spots the Space Marine would amuse me to no end, of course.

msminlr

February 9 2013, 02:06:26 UTC 3 months ago

I had to buy my copy of Spots from Barnes and Noble, because Amazon does not sell Nook editions.

But i finally got around to it. I had really enjoyed the serialization, and have been following your LJ blog ever since.
Currently enjoying Earthrise.

fallconsmate

February 9 2013, 02:15:51 UTC 3 months ago

this is what i did, too. and i'm thrilled to have a copy.

carlfoxmarten

February 9 2013, 02:13:11 UTC 3 months ago

Yay! =^.^=

Also, my hardcopy of Spots just arrived today, and will be rereading it again tonight! =^.^=

asakiyume

February 9 2013, 02:23:05 UTC 3 months ago

I tell my daughter that there’s magic in the world and that human beings are responsible for creating it. YES, yes, absolutely yes.

I'm so happy, Maggie! So happy about this victory!

zrath

February 9 2013, 02:34:28 UTC 3 months ago



Wil Wheaton just bought the Spots e-book on Amazon! :D
He posted the following on Facebook:

"Mostly this is just to spite Games Workshop and support an indie author, but it also looks like it'll be a fun read, so BONUS!


neowolf2

February 9 2013, 03:44:51 UTC 3 months ago

He has 2.2 million twitter followers, you know. :)

archangelbeth

3 months ago

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dracosphynx

3 months ago

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archangelbeth

3 months ago

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archangelwells

3 months ago

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dracosphynx

3 months ago

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siliconshaman

3 months ago

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archangelbeth

3 months ago

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houseboatonstyx

3 months ago

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harvey_rrit

3 months ago

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rowyn

February 9 2013, 02:42:35 UTC 3 months ago

Go people power!

I hope Games Workshop does not decide to kick up more of a fuss over this. Their facebook post was not encouraging. :/ And as cool and amazing as it's been to see so many people pull together behind you (!), it would be nice for you to have some time to, you know. Write new stuff. Draw. That sort of thing.

Congratulations!

archangelbeth

February 9 2013, 04:27:04 UTC 3 months ago

In some ways, if they do kick up a fuss... it's not necessarily bad. There is a pretty decent chance that a judge would strike down their attempt to common-law trademark "space marine" in the US, which would settle that nonsense for good. Also, the EFF is hopefully going to have a long memory on this.

But yeah, it would be nice if they slunk off and didn't try to assert that trademark in the US again.

neowolf2

3 months ago

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archangelbeth

3 months ago

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houseboatonstyx

3 months ago

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houseboatonstyx

3 months ago

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zrath

February 9 2013, 02:53:21 UTC 3 months ago



You've made it into the Guardian! :D

http://www.guardian.co.uk/books/2013/feb/07/superheroes-space-marines-lawyers-copyright


asakiyume

February 9 2013, 21:51:35 UTC 3 months ago

Wow!! Too amazing!

queenoftheskies

February 9 2013, 02:55:55 UTC 3 months ago

Hooray!

mmegaera

February 9 2013, 03:22:10 UTC 3 months ago

Yay!!!

desertcoyote

February 9 2013, 04:13:05 UTC 3 months ago

I am very happy with this outcome. :)

miintikwa

February 9 2013, 04:26:21 UTC 3 months ago

So, so, SO happy. A win for the good guys, in the real world. It brings hope and sunshine back to my life.

e_moon60

February 9 2013, 05:22:33 UTC 3 months ago

Oo-rah!


haikujaguar

February 11 2013, 04:00:50 UTC 3 months ago

Thanks for spreading it on. :)

harvey_rrit

February 9 2013, 05:53:57 UTC 3 months ago

Okay, won't be needing the Nuke:

"Games Workshop
"To Whom It May Concern:
"I represent the heirs of Edward Evelyn Smith, and this is to notify you that we are seeking an injunction..."

[Note that I do not say the financial heirs.]

ilcylic

February 9 2013, 08:03:45 UTC 3 months ago

HAH!

<3

harvey_rrit

3 months ago

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siliconshaman

3 months ago

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harvey_rrit

3 months ago

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puffbird

February 9 2013, 06:23:09 UTC 3 months ago

I am so glad EFF was able to help! I hope this is the end of the issue for you! We've yet to see if GW will continue to pursue this. I hope they don't, but we know that if they do you have people (LOTS of people!) on your side! :)

neowolf2

February 9 2013, 11:58:19 UTC 3 months ago Edited:  February 9 2013, 12:00:10 UTC

EFF is properly concerned about how pressure on a third party (Amazon) gives the trolls unwarranted strength in these affairs. DMCA has a similar problem in the copyright space. There was a recent outrageous example of this.

captainq

February 9 2013, 07:03:05 UTC 3 months ago

Wonderful news! I think I'll be keeping my Twitter name for a while all the same, all this has gotten me inspired. Avanti!

mauser

February 9 2013, 09:19:06 UTC 3 months ago

Sue for Damages and lost sales...

Although frankly, it's probably the best publicity ever.

neowolf2

February 9 2013, 12:17:05 UTC 3 months ago Edited:  February 9 2013, 12:44:40 UTC

I don't think such a lawsuit could work, especially if this affair ended up increasing sales.

One could sue for a declaratory judgement that Spots does not infringe the trademark, but that's probably not worthwhile.

OTOH, if Hollywood comes by and says "we really like the story, but we won't deal with it with this legal cloud over it" then there would be more of a case for action.

Anonymous

3 months ago

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livejournal

February 9 2013, 12:16:35 UTC 3 months ago

How Spots the Space Marine won

User houseboatonstyx referenced to your post from How Spots the Space Marine won saying: [...] ;s recent post at http://haikujaguar.livejournal.com/1208706.html?style=mine&nc=9#t24755330 [...]

jorrocks_j

February 9 2013, 13:53:05 UTC 3 months ago

Stay tuned for Micah's next amazing crowdsourced campaign, "Let's Build a ********* Heinlein Museum!"

(Bet you didn't think there was an uppercase "*", didja?)

--Skarl the Drummer
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