Category: Comics

Essex County is Really Good

As I mentioned a couple weeks ago in my post about the Humble Forbidden Comics Bundle, I bought the bundle partially because I'd been meaning to read Essex County. And now that I've read it, I can say with confidence that it was worth the $15 all by itself.

Essex County was the breakhout hit for cartoonist Jeff Lemire; he went on to do Sweet Tooth (which is where I first discovered his work and became a fan), and then to become a pretty big name at DC and Valiant. Last I heard he was acting as more of a story architect across multiple titles and less of an artist on his own, smaller work; it's wonderful to see his success but I have to admit I miss his art and his originality.

So I gave Essex County a read. And I haven't read a comic like it in years. I think comparisons to Love and Rockets are inevitable -- it's a character-based work of magical realism focusing on families over generations, with a vibe of loneliness and melancholy, and its setting is an essential component in establishing its tone -- but it's not Love and Rockets. The most obvious difference is in the art: Jeff Lemire doesn't do the smooth, clean lines of Los Bros Hernandez; his work is rough, angular, and jagged. The people in Love and Rockets are beautiful; the people in Essex County are not.

Essex County page

But it's not just Lemire's art that strikes a different tone than the Hernandezes'; it's his setting. Gilbert Hernandez's Palomar may be a small town, but the streets always seem busy, and his later stories (as well as Jaime's) mostly take place in and around LA. Love and Rockets has a huge cast of characters, and it did even in the early days before 30 years of continuity piled up.

Essex County takes place, mostly, in rural Canada, on small family farms. There is one section in the second book, Ghost Stories, which takes place in Toronto; the cast is briefly packed with enough supporting characters to form a hockey team. But, before long, those characters drift away, and while Lou Lebeuf stays in the big city, he finds himself lonely despite the throngs of people around him.

And, to a large extent, Essex County is about loneliness. Lester is lonely because his mother died, he never knew his father, he's moved to a farm to live with an uncle he barely knows, and the other kids make fun of him. Anne is lonely because she works long hours, her husband is dead, and her son barely speaks to her. Lou is lonely first because of his self-imposed exile from his family, then because he goes deaf, then because he outlives everyone he knows, and finally because he gets Alzheimer's. The wide, open, snow-filled spaces of Essex County externalize their loneliness and isolation, but they're not the cause -- at least, not the only one.

These three stories aren't happy, I don't suppose, though they've got moments of happiness. And I think, really, that's what they're about: find those moments of happiness. Find a connection with someone when you can.

Or maybe I'm off-base. Maybe that's not what the book is about at all. For all that it shows that those connections are precious, it shows how fraught they can be. Lou's problems start when he connects with somebody who he shouldn't. Lester doesn't know his father because two people made a connection that they couldn't sustain. Life is like that; it tends to defy simplistic morals.

And that's what Essex County is about, really: slices of life; moments in time. And families, and history.

And hockey. There's a whole lot of hockey. This comic is Canadian as fuck, eh?

Mmm, Forbidden Comics

Modified from a post on Brontoforumus, 2015-09-23.

In honor of Banned Books Week, the latest Humble Books Bundle is made up of banned and challenged comic books.

It's not just a good theme, it is, in terms of quality content for your money, the single best collection of comics I have ever seen. I've got a couple caveats about the presentation, which I'll get to in a minute, but it's well worth the price of admission, whatever tier you choose to donate at.

Pay more than the average and you get Heartbreak Soup.

Heartbreak Soup is my all-time favorite comic. Your mileage may vary, but as far as I'm concerned, the list of Greatest Comics of All Time goes Heartbreak Soup, then Maus, then that Spider-Man arc where he has to lift the rubble off him as Doc Ock's underwater base collapses. (No, Watchmen is not in my top three.)

The bundle also has the first volume of Bone. Bone is phenomenal; it's an all-ages adventure story in the classic mold, with influences from Walt Kelly to Carl Barks to Don Martin; it's funny and it's gorgeously drawn. You should definitely get it if you haven't read it yet; it's at the first tier so it can be yours for a penny.

The bottom tier's also got Maggie the Mechanic, which is the other Love and Rockets vol 1. (Heartbreak Soup is the first volume of Gilbert Hernandez's Palomar stories; Maggie the Mechanic is the first volume of Jaime Hernandez's Locas stories.) Maggie the Mechanic is great too, but for my money it's not as great as Heartbreak Soup, or as the other Locas stories that followed. (The Death of Speedy is widely regarded as the best Love and Rockets story; it's in vol 2 of Locas, which is not included in this bundle.)

Bottom tier also has The Frank Book. Jim Woodring's work is beautiful, surreal, wordless, and incredibly detailed. I have six pieces of comic book art hanging on my walls. One is a Quantum and Woody poster signed by Christopher Priest; one is an Uncle Scrooge print signed by Don Rosa. The other four are Jim Woodring prints that my uncle gave me for my birthday after using them in a museum exhibit.

There's some other stuff in there that I don't know as much about. I like Chester Brown but I haven't read The Little Man; I like Jeff Lemire but I haven't read Essex County. I suppose they're probably both pretty great based on their respective cartoonists' other work, but I don't know them.

And The Boys is in there. The Boys is not for me; I'm not a Garth Ennis fan. But if you like the sound of a bunch of asshole superheroes being taken down by a group of regular guys led by somebody who looks exactly like Simon Pegg, you'll probably dig it.

To summarize: it's a great bundle. It's worth buying for Heartbreak Soup, Bone, and Frank alone; I bought it mostly because I'd been wanting to pick up Frank, Essex County, and Information Doesn't Want to be Free by Cory Doctorow (available as an audiobook in this bundle; the only item that isn't a comic book).

So. Great bundle. But. As I said, there are some caveats with the format.

The first of which is, you're probably going to be reading these on a tablet. And some of these comics just don't look as good on a 10" screen.

I was especially worried about The Frank Book given the detail of Woodring's work; this stuff's meant to be read at 8.5"x11" size. But I was surprised to find it actually looks great on my tablet. The full-size book would be better, but it also costs $35 and weighs 3 pounds. And that's the paperback version.

Bone looks fantastic on my screen too.

Surprisingly, of the books I've thumbed through, the one that suffered most was Heartbreak Soup.

Part of that's to do with the ratio. The pages of Love and Rockets are shorter and wider than standard comic book pages.

  • Bone page
    Scaled to 325x500
  • Heartbreak Soup page
    Heartbreak Soup
    Scaled to 405x500

So on a 6:10 screen like my tablet's, you're left with some major letterboxing and a picture that is uncomfortably small and looks a little jaggy, and text that can be hard to read. (If, on the other hand, you have a tablet with a 4:3 screen, like an iPad, I imagine the Love and Rockets -- and the other more square-ish comics in the collection -- will look a lot better, and you'll have the opposite problem with the more traditionally-sized comics in the set.)

Perfect Viewer also seemed to choke on the file a bit; after the first few pages, it started pausing for long periods of time on each page turn. At first I thought it was due to the file size (the CBZ version is 675MB), but The Frank Book is even bigger and Perfect Viewer didn't give me any trouble with it. So I don't know why it doesn't like Heartbreak Soup, but it doesn't.

In short, Heartbreak Soup is my favorite comic, but my 10" tablet is most definitely not the best way to read it. Again, your mileage may vary; you may have better luck on an iPad, as noted, or if you're cool with just reading it on a desktop computer monitor, it looks great on my 27" 2560x1440 screen. But if you're looking for comics to read on a widescreen tablet, well, there are still a lot of great books in this set that totally justify the purchase, but don't buy it just for Heartbreak Soup. All that said, though? It's still a great damn comic, it doesn't look that bad on my tablet, and if you don't want to look for it at your local library or pay full price for the paperback version, well, it's still worth a read.

There's another one I looked through that I have a visual complaint about, and unfortunately, it's an important one and the granddaddy of all challenged comics: Crime Does Not Pay.

Crime Does Not Pay is a classic. It's the first and most successful of the 1940's-'50's-era crime comics that led to Senate hearings and, eventually, the Comics Code and most of the industry going out of business. But, aside from simply being popular, controversial, and lurid, it's just plain good, with superlative work from the likes of Charles Biro, Bob Montana, and George Tuska.

It's also public domain. You can find most of the series for free on Digital Comic Museum (though if you can spare a donation to keep the site up and running, that would be swell too).

Given that, it's damned disappointing that Dark Horse did such a shoddy job on the colors.

  • Crime Kings splash page
    Digital Comic Museum
  • Crime Kings splash page
    Dark Horse

The first image is a scan from one of the original 1950's printings of the comic. It's not pristine; the colors bleed, and if you look closely you can see right through the page to the panel grid from the opposite side. And there are marks on the left side of the page where the staples were.

But despite those flaws, it looks better than the second image, from Dark Horse's restoration. The colors in Dark Horse's version look garish.

And it's down to the paper stock. The scan looks the way it's supposed to, because those colors are supposed to be printed on newsprint. The background is supposed to look a little gray or tan, and the colors are supposed to soak in and blend together.

Dark Horse's version looks garish because they kept the original four-color printing process but put it on high-quality, glossy paper (or the digital equivalent of same). The colors look wrong.

But, in Dark Horse's defense, it could have been worse -- at least they didn't re-color it. Have you seen what they've done to their Conan reprints? Photoshop gradients everywhere. The horror. The horror.

"It could have been worse" isn't a great defense, though. When it comes right down to it, I'd rather read the Digital Comic Museum version, even if I can see the grid lines from the other side of the page.

The only problem is, the Dark Horse collection contains issues #22-#25 (don't let the numbering fool you; #22 is the first issue -- in those days it was common, when a publisher canceled a comic and started a new one, for the new series to continue the old series' numbering with a new title), and Digital Comic Museum doesn't have #23-#25. So while you can download DCM's superior version of issue #22 (and #26, and #27, and lots more, on up through #147), if you want to read #23-25 then you're stuck with the Dark Horse version, and you'd better be prepared for a hell of a lot of eye-searing bright yellow.

There are plenty of instances of publishers doing reprints of old comics right -- either by using newsprint or by scanning or photographing the original printed pages -- but this isn't one of 'em, and that's a shame.

But, all that grousing aside, this bundle? If you have never read a comic book in your life, this has three that I would rank as Absolute Must-Read, in Heartbreak Soup, Bone, and Frank. It's got one of the legitimate most important comics of all time in Crime Does Not Pay, even if I've got some gripes about the presentation and you might be better off grabbing a scanned version from Digital Comic Museum. And aside from those, it's got several more that may not be quite so high on the must-read list but still rank as Great.

If you like good comics, you should get it. And if you don't like good comics, you should get it anyway, because maybe you just haven't ready any comics this good yet.

The bundle runs for five more days.

Fanboy Rationalizations

There's one more thing I want to get to before I close out my run of Ken Penders posts, and that's fanboy rationalization.

There's a meme that I've seen infect the anti-Penders fanboys, since the suit was settled: "If only Ken had been nice when he asserted his copyrights, the fans wouldn't be so angry at him."

Here's somebody named Strike Carson making that argument to me in a 2013 comments thread at TSSZ News (via since TSSZ News appears to have nuked its comments section in a software upgrade):

Penders did something behind the backs of Sega and Archie that strained the relationship and almost got the comic cancelled. Maybe I’m mixing the two stories up… But still, Archie may have ignored him for the royalties, but it was Penders decision not to let Archie know what he was going to do if he wasn’t given the compensation he deserves as stated by law. You know, that whole threatening legal action thing if he’s not paid for what’s legally his? Had he done that in the first place, perhaps he would have had much more sympathy from us.

And here's the same argument, as put forward by Tylinos on the Ken Penders messageboard:

While it'd be silly to deny that The Spice Must Flow is a significant factor in it, it should be pointed out that the most commonly cited reason here was the attitude of the whole thing, and how absurd it all looked. (Even outsiders who don't read or even dislike the comic have been among those against how Ken went about it.)

Ken could've even underminded The Spice Must Flow mentality a bit by easing into the situation with some psychology, starting out slow with a "Well, I did make these characters" and nothing more and slowly building support up to saying "I should get payment for their use," instead of immediately starting out with that.

Heck, odd as it is, even among people against how he's acted, there's been near-unanimous agreement toward him getting reprint compensation for the stories he wrote. (Which, I know, isn't in the way of the spice anyway.)

The Spice Must Flow definitely factored in, but it's fairly clear that going about the whole thing a different way would've changed fan reaction immensely, and could've bitten past it.

And jameygamer in the same thread:

If he had been a lot less uptight when this whole mess started, he would be better off in terms of reputation.

These are people who, during the years Archie was suing Penders, said they were mad at Penders because his claims were frivolous and false. Since it turned out his claims weren't actually frivolous or false, they've changed their rationalization; now they say they would totally have been on Penders's side if only he hadn't been so rude about the whole thing. We have always been at war with Eurasia.

Of course, that's nonsense; it's rationalization. They're not arriving at their conclusion based on facts; they're starting with their conclusion (Rrrr, Penders bad!) and then cherry-picking facts to support it.

A rational person changes his opinion when confronted with new facts. When I first heard about Penders asserting his copyrights, I reacted with disbelief; I thought it was unfathomable that Archie would have neglected to make him sign a contract.

As it became clear that I was wrong and that was exactly what had happened, I changed my opinion. (Not for nothin', I also admitted I was wrong and apologized for being kind of a dick about it.)

These fanboys, of course, are not rational; they haven't changed their opinions, only their justifications for those opinions.

And, needless to say, I don't believe for a second that there is anything Ken Penders could have done differently that would have prevented fanboys from howling for his blood. If he'd done exactly what Strike Carson, Tylinos, and jameygamer said he should have done, then Strike Carson, Tylinos, and jameygamer would be up there saying that they would have taken his side if only he'd done something else instead.

Well, maybe not Tylinos. He seems like a pretty reasonable guy, at least.

And I'm not just saying that because he was (at least partially) agreeing with something I'd said earlier. When he said "The spice must flow," he was referring to a phrase I'd used in a post about Jim Starlin back in 2012:

Guys like that? It's not about the law and it's not about the ethics. It's The Spice Must Flow. It doesn't matter how Marvel treats creators, as long as it keeps putting out product to consume.

There's always a fresh rationalization on the horizon. "He signed a contract." No he didn't. "Well, he's dead now." Okay, but this guy's alive. "The character we know is the work of dozens of creators over a period of decades, so no one person can really claim credit to him." Even if that were true in some cases, Thanos is unmistakably Jim Starlin's character. "Well, it was only a tiny cameo, so he's not entitled to anything." And once Thanos has more than a cameo, it's going to be "Well okay, that's terrible, but the industry's not like that anymore; it's all better now." (A point Scott Kurtz raised recently, right about two weeks before Static co-creator Robert Washington III died of multiple heart attacks at the age of 47 and his family had to turn to charity to get him buried.)

There is and will continue to be a vocal minority of comic book fans who will side with the publishers no matter what. (Oh God how I hope it's a minority -- but I think it is. You can find a vocal population of people on the Internet who will angrily, zealously defend absolutely any dumbass position you can possibly think of.)

And here's what I said to Strike Carson:

Every single comic book copyright dispute in history says the fanboys would have been just as enraged no matter what he did.

Siegel and Shuster sell Superman for $130? Tough titty; they signed a contract.

Jack Kirby gets no royalties for any of the work he did at Marvel? Tough titty; he signed a contract.

Point out that Jack Kirby didn’t actually sign a contract? Well, that’s just how things were done back then, man!

DC continues to exploit Watchmen against Alan Moore’s wishes, even though in 1985 they made a big thing of how it was a creator-owned book? Tough titty, man, he signed a contract!

Marvel demands $17,000 from broke Gary Friedrich and demands he stop referring to himself as the creator of Ghost Rider? They’re just protecting their interests!

Archie screws creators out of royalties for decades, grinds anyone who legally challenges them into paste, actually removes Dan DeCarlo’s name from reprints, then a creator comes along asking for what Archie legally owes him, Archie doesn’t respond, he provides sufficient evidence to back them into a corner and get them to agree to a settlement — and you’re complaining that he didn’t issue enough legal threats beforehand? Seriously, dude?

Yeah. I’m sure if Penders had threatened to sue Archie in 2010, all the people in this thread who are crying for Penders’s head for the crime of, um, asking for the rights he is entitled to by law, would have totally been on his side.

To the anti-creator fanboys, the facts don't matter, the law doesn't matter, the ethics don't matter, and actual human beings do not matter. All that matters is that they get the comics they want.

They'll tell you differently, and they probably believe it -- after all, most people don't realize when they're rationalizing, and most of these are individual people opining on individual cases. By and large, the guy dumping on Penders is probably not the same guy dumping on the Kirbys is not the same guy dumping on the Siegels is not the same guy dumping on the Shusters is not the same guy dumping on Wolfman is not the same guy dumping on Friedrich is not the same guy dumping on Starlin (or Ditko or Gaiman or Moore or DeCarlo or whoever). If you're not the sort of person who follows these stories, who's seen this conversation play out dozens of times in different permutations, you don't see the pattern.

But there is a pattern. And the pattern is, there are always fanboys who care more about the product than about the human beings who created it. That's the long and short of it. The justifications may change from case to case, but the attitude is always the same: "Fuck that guy, I just want my comics."

That's it for my Penders coverage. But I'm sure we'll be right back here talking about exactly the same things the next time a comics creator has a dispute with a publisher.

Fanboys Miss the Point

The plan was that this would be my last Ken Penders post for awhile, because this is not the All Ken Penders All the Time blog. Sometimes it is the Long Rambling Post About the Past 20 Years of Web Design blog.

However, the post wound up running long, and had a nice natural break in the middle, so now it's going to be two posts. There will be at least one more Penders post after this one.

But while Ken Penders is the focus, these posts aren't just going to be about Ken Penders. I intend to make a few unflattering generalizations about anti-creator fanboys in a minute here, and you may be interested to read them even if you don't care about Penders, Archie, Sega, or Sonic. If you like my posts about creators' rights, this is one of them, and the next one will be too.

So what brought me back to Ken Penders, anyway?

Well, awhile back I was looking at my site stats, and found a referral from a DeviantArt post titled A Summary of ACP Vs. Ken Penders, posted in a group called Save Archie Sonic, which is dedicated to petitioning Archie Comics to bring back all the Penders-created characters that it wrote out of the series. It was a pretty old post by the time I saw it, but at any rate it flatteringly linked to my previous Penders coverage.

And the second comment down, by a guy named CMAugust, had this to say:

The rest of this guy's articles on the subject are great too, well worth reading. On another cool note, this is the same fan who got the first online letter printed in the comic, way back in issue 40.

Holy God, what a thing for somebody to remember after all these years.

Yes, ladies and gentlemen, there you have it: the most obscure and inconsequential piece of Sonic the Hedgehog trivia ever. And it's me.

CMAugust went on to say:

Oh yeah, and if you check out his stories about other comic book people tagged under "creators rights," you'll find that whenever there's a creator vs publisher court case, the fanboys will dump on the creator every time. Sad but true, most fans only care about whether their favorite characters are featured month after month and attack anyone who rocks the boat. No matter who it is.

This is a depressing but entirely accurate observation. I will be coming back to it in my next post.

The third reply down took rather a different and less coherent tack. Somebody posting as THEATOMBOMB035 wrote:

where do we stand? same as last time
Penders is a greedy prick who doesn't deserve the right to even be remembered in the Sonic world after what he is done
he is now a living reason why we exist and why we must stand as are own group of Freedom Fighters
Penders, you are a shame to Sonic fans everywhere

It's the third line that really got me. The part where he compared the fanboys -- the people calling the guy who created or co-created a raft of their favorite characters "a greedy prick" -- to the Freedom Fighters.

And this got me thinking about something I've thought of often before.

The fanboys in these stories -- the ones who insult Jack Kirby's family, or Jerry Siegel's family, or Joe Shuster's family, or Marv Wolfman, or Gary Friedrich, or Jim Starlin, or whoever -- are, invariably, fans of a certain type of fiction. Specifically, these are fans who are extremely passionate about stories where a ragtag band of underdogs strives against impossible odds to defeat an evil empire that is far bigger and more powerful than they are.

And they sure like those stories, but they really don't seem to understand them.

Here is a guy, right here, who looked at Sonic the Hedgehog -- the story of a scrappy band of Freedom Fighters squaring off against an evil empire to regain control of their homeland -- and then looked at Archie v Penders -- the story of a lone cartoonist squaring off against a multi-million-dollar corporation to regain control of his own work -- and thought that in this analogy, the people siding with Archie were the Freedom Fighters.

I just don't get it, man. I don't get how you can be so passionate about a work of fiction while simultaneously failing so utterly to understand its message even a little bit.

Speaking of utterly failing to understand a message, I also found my Penders coverage linked from a comments thread under a piece of fan art called Bunnie's Choice. A user named AlcyoneSong said,

yeah its just sad, because the whole comic has had a reboot due to Penders lawsuit.

And then he linked to my Ken Penders coverage.

My Ken Penders coverage which contains the following passages:

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.


If Archie does permanently drop Penders's characters and cease reprinting his comics, make no mistake: that's out of spite, not legal obligation. That's not Archie being forced to stop using those works, it's Archie choosing not to use them so it doesn't have to pay Penders for them.

Emphasis in originals.

I mean, for fuck's sake, maybe actually read the thing you're linking to before you describe it.

There was a time in my life where I would probably have gone to the trouble of signing up for a DeviantArt account just so I could argue with year-old posts misstating the basic facts of the case and the content of my posts. Fortunately, I'm past that now, and content to merely criticize them in really long blog posts.

Work-for-Hire, Royalties, and Freelancing

In my previous post, I linked to a piece on Ken Penders written by TheAmazingSallyHogan, and I said that I had a few minor quibbles with it that I'd come back to. So here they are.

Ms. Hogan says this about work-for-hire law:

Under Work for Hire contracts, a creator is paid a flat fee for producing content. All artwork, stories, characters, plots, symbols, etc. become the property of the employer (or a third party, which would be SEGA in this example). Under Work For Hire, a creator does not receive further compensation/royalties if their work is reprinted, if their characters are reused due to popularity, or even if their work results in merchandise/mass media. This is not a salaried position – at any point a publisher can decide to simply stop asking a creator to submit work.

While that's true of Archie's work-for-hire agreements, it's not true of work-for-hire in general as Hogan suggests. It is entirely possible to have a work-for-hire agreement that does allow for royalties, or other profit-sharing arrangements; for example, the audiobooks I've recorded were all produced under work-for-hire agreements that only pay royalties, with no money upfront. Likewise, while the creators who produce work for Archie Comics are freelancers and not employees, it is possible (and indeed standard practice) for an employment agreement to include a work-for-hire clause.

And while Hogan correctly notes, here, that Ken was not an employee on salary, she incorrectly uses the word "employment" several times throughout the article to describe his work for Archie. But a job is not the same thing as employment. Ken was not an employee; he was a freelancer and Archie was his customer.

Hogan goes on to say:

These “no royalties” contracts are no longer the norm in the industry for creators working extensively on titles.

This is true (though the qualifier "extensively" is unnecessary); DC and Marvel both have royalty clauses in their work-for-hire contracts (Comic Book Resources has discussed both DC's current royalty policy and Marvel's). Archie is not the only comics publisher that does not pay royalties, but it is lagging behind the Big Two in terms of compensating its creators.

The point of all this is that all work-for-hire means is: Alice hires Bob to create something, under a contract which stipulates that for legal purposes, Alice is the creator.

That's it. That's what work-for-hire means.

How Alice pays Bob, whether Bob is Alice's employee or Alice is Bob's customer, and any other details of the arrangement between Alice and Bob are separate issues, and not determined by whether or not the work is for-hire. All work-for-hire determines is who is the legal creator of the work.

Some work-for-hire agreements pay a flat fee, some work-for-hire agreements pay royalties, some work-for-hire agreements are between a freelancer and a client, some are between an employee and an employer.

But in Archie's case, Hogan is correct: money upfront, no royalties; freelancers, not employees.

Go, Ken, Go! -- Part 6: Penders v Sega Dismissed

I'm going to talk about Ken Penders for a bit, because apparently somewhere along the line my blog became the Internet's foremost resource for information on Archie v Penders. And I never did get around to writing about the conclusion to the other suit, Penders v Sega et al, so I should probably start there.

To read my previous Ken Penders coverage, peruse the handy Ken Penders tag.

The gist: Archie forgets to make Ken Penders sign work-for-hire agreements prior to his work on the Sonic the Hedgehog comic, Penders asserts that he still owns or co-owns the copyrights to all that work and will be working on his own sequel, Archie sues him and writes all his characters out of the comic, fanboys flip out, Archie and Penders settle for undisclosed terms. And that's where I left off back in 2013.

Well, there were two lawsuits: Archie v Penders, where Archie sued Penders to assert that his work was for-hire and he held no ownership stake in it, and Penders v Sega et al, where Penders sued Sega and EA over Sonic Chronicles: The Dark Brotherhood, a game which featured characters similar to the Dark Legion he had created in the Knuckles the Echidna comic.

Last I talked about this, Penders v Sega was still awaiting resolution, but I learned recently that last year it was dismissed on a technicality.

I took a look at Ken Penders's messageboard a little while ago (I'll come back to that in a future post), and he linked to a Tumblr post by TheAmazingSallyHogan, citing it as an authoritative and scholarly rundown of the case.

I have a couple of minor, tangential quibbles with Ms. Hogan's piece, such as how she defines work-for-hire; I'll get to them in a later post. But they're not relevant to the specifics of the Penders case, which, near as I can tell, she has exactly right, and describes in great detail.

And as for the conclusion of the Sega case, here's what she has to say:

On September 26, 2011, Penders’ lawsuit against SEGA/Electronic arts was dismissed, with the Judge essentially telling Penders that he needed settle matters with Archie first, and then he could re-file. Penders re-filed on September 30, just four days later. The same Judge dismissed the case a second time, saying very firmly that Penders needed to settle matters with Archie before re-filing against SEGA/Electronic Arts.


In May 2012, Penders’ council appealed the dismissal of his case against SEGA and EA. Penders’ determination to have a case in progress against SEGA/Electronic Arts, instead of just waiting to re-file, was because there is a three year statute of limitations on US copyright claims – a legal time limit intended to make sure cases are tried while the evidence is fresh. Sonic Chronicles was released September 25, 2008, almost exactly three years earlier. Filing a new case later would mean he would lose the chance to sue SEGA for Sonic Chronicles’ sales, so Penders appealed the dismissal. The importance of these dates was not stated in his appeal, an omission that would later prove crucial.


On October 11, 2013, Penders’ appeal (concerning his case against SEGA/Electronic Arts) was heard. While the judges agreed that the timeline was highly relevant and that if the case was dismissed he would largely lose the ability to seek compensation for Sonic Chronicles, his previous lawyer had failed to state why the dates were important in the appeal, and thus the judges could not take that issue into consideration. Shortly after, the court rejected his appeal and upheld the dismissal. While he could re-file, Sonic Chronicles had been released September 2008. It was now well past three years later, putting essentially all sales outside of the three year statute of limitations window. However, any new usage of the characters introduced in that game (such as an appearance in the comic), could potentially lead to a lawsuit from Penders. Late October, Penders stated “this case may yet end up in the US Supreme Court if a resolution isn’t found prior to that”.

So there it is: due to a mistake in Penders's lawyer's legal filing, Penders v Sega was dismissed, and he missed the statute of limitations for collecting any of the money generated by Sonic Chronicles. No ruling, no settlement, no resolution. While I wouldn't be surprised to see some fanboys take the words "case dismissed" to mean that Penders's case against Sega was flimsy or lacking in some way, that is not what this dismissal means; the case was dismissed due to a mistake in filling out the paperwork, and no other reason.

I wouldn't expect to see Sega re-release Sonic Chronicles any time soon, as that would open them up to a new suit.

Penders's allusions to a Supreme Court case notwithstanding, this is most likely the end of it, though he's still got his own series coming at some point, whatever form it may take.

I noted before that a lot of the other writers and artists who worked on Sonic around the time Penders did could potentially file for their own copyrights (and that Scott Shaw already had). I haven't heard anything more about that. However, given how the Penders case went, I would expect Archie to quietly settle with any other creators who made similar claims, on similar terms, without suing them, and it's entirely possible this has already happened. It's one of those things we'll most likely never know.

Meanwhile, if you're interested in the case at all, I highly recommend that you read the entire piece by TheAmazingSallyHogan. It's as good and thorough a summary of the case as you'll find anywhere.

On Advertisements

Dear DC,

Here is a list of DC Comics I would have purchased today if they had not contained obnoxious half-page Twix ads:

  • Batman Beyond #1
  • Bat-Mite #1
  • Bizarro #1

Here is a list of DC comics I purchased today:

DC, I do not have a fancy marketing degree. However, I can offer you a marketing suggestion for free: if one team of marketers suggests making money by releasing new comics that appeal to a different audience from the core DC line (albeit, granted, still pretty much just made up of spinoffs of Batman and Superman comics), and another team of marketers suggests making money through finding a really irritating and distracting way of putting advertisements in your comics, perhaps you might consider rolling out those two ideas separately instead of simultaneously. This is what is known as "isolating the variables".

I would also suggest that, if I were one of the writers, artists, editors, or marketers who had gone to considerable effort to create and market a new and different comic book to a nontraditional audience, I would be pretty unhappy right now with the people in management who had made a decision that actively sabotaged the appeal of that comic book.

I do not wish to be negative or ungrateful here. I greatly appreciate your decision to convince me to keep the nine dollars I would have spent on those three comic books. I went nextdoor and spent that money on beer instead. I had a Four Peaks Kiltlifter and a New Belgium Slow Ride. They were very good beers, and at no point in my drinking experience did they interrupt me and try to convince me to buy Twix.



More from Busiek on that Final Fantasy Comic

For those of you just joining us by way of a link from Kurt Busiek or CBR, welcome. I guess I should probably figure out something interesting to say so you'll feel like sticking around for a bit. For what it's worth, I've written quite a bit about Final Fantasy over the years, and three posts I wrote about FF7 back in 2011 (the first on mods for the PC version, the second on iconic images, and the third a general look back on the game) are pretty consistently the most popular thing on the site.

In lieu of me saying anything interesting, I'm going to quote a little bit more from Kurt Busiek on the unfinished Final Fantasy comic, in the comments section of the Robot 6 article on the subject.

I will also add that if the book came out, I don’t think that Final Fantasy fans would be particularly happy with it. It was 1991, and I was a workmanlike-but-not-particularly-noted writer. Dell Barras was a workmanlike artist, and, well, the covers were gorgeous.

But I don’t think I really started to make strides creatively as a writer until VAMPIRELLA: MORNING IN AMERICA (late that year) and the industry didn’t notice ’til MARVELS in 1993.

So, while I barely remember the details, I expect it was a workmanlike story that made sense but wasn’t particularly memorable, with workmanlike art and great covers.

And heresy upon heresies, I changed things (with Squaresoft’s permission). I thought it was so odd that the manly heroic lead was named Cecil and his loyal buddy was named Cain (really? You name the loyal guy Cain?) that I suggested maybe they needed Americanized names, and Squarest agreed. I don’t remember what I changed them to, but Squarest liked them enough that they asked if I’d be interested in a staff position making the games more American-appropriate. We never talked much about it, because I wanted to freelance. But I bet fans devoted to the game wouldn’t have liked the changes, especially not from a current POV, looking back.

What can I say? I wasn’t particularly a Final Fantasy fan — I’d played their first US game a little, and the second wasn’t even done yet.

He adds, in a later comment, that the bible he'd been given didn't even mention that Kain spends half the game betraying Cecil, and talks a little bit more about the original (FF1-based) outline he wrote.

(If he had been involved in localizing the game, I'm willing to bet it would have been better than what we initially got. But he'd have still been contending with cartridge space limitations and weird Nintendo censorship.)

Mignola Final Fantasy Covers

Well now. It appears that Kurt Busiek just reblogged a Tumblr post by Alex Chung, which, in turn, links back to a post I wrote back in '012 about Busiek, Barras, and Mignola's unfinished Final Fantasy comic (based on Final Fantasy 4).

So since that old post is probably getting a little bit of new traffic, I should follow it up, now that I have a couple of Mignola's covers for the series.

This one is via Chung's post, and would have been the cover to issue #2:
Final Fantasy #2 cover

And this was sent to me just over a year ago by Dale Jackson, who owns the original art; it would have been the cover of #4:
Final Fantasy #4 cover

Alex, thanks for linking to my post and for including the #2 cover; Dale, thanks for the heads-up on the #4 cover and I'm sorry it took so long to post it.

A More Detailed Valiant Comics Chronology

Back in October, following my purchase of the Humble Valiant Bundle, I posted A Brief Valiant Comics Chronology making note of the order the comics were originally published in, on the assumption that that's the correct order to read them in.

As I said then:

the short answer is: X-O Manowar, Harbinger, Bloodshot, Archer & Armstrong, Shadowman, Quantum and Woody, Eternal Warrior, Unity, Rai, with Harbinger Wars concurrent with the third volumes of Harbinger and Bloodshot (as their title implies).

Now I can refine that recommendation.

The short version this time is that most of the series are standalone and you can read them in any order you want; the exceptions are Harbinger, Bloodshot, Harbinger Wars, Unity, and arguably Rai.

What follows is a bit more specificity on which books tie into which, plus why the chronology of Harbinger Wars is a bit of a clusterfuck and how the Humble Bundle left out a book that's a crucial lead-in to Unity.

Once again, this list focuses on the books that were included in the Humble Valiant Bundle, and doesn't include more recently-published Valiant comics.

Standalone Books

X-O Manowar vol 1-3

X-O Manowar is Valiant's first and flagship book, but it doesn't tie in with the others until later on down the line. It introduces the Vine, who get a few mentions in the other books, and it leads into Unity, but these first three volumes stand alone.

Harbinger vol 1-2

These first two volumes introduce the lead characters, including Toyo Harada, as well as the Harbinger Foundation and Project Rising Spirit, both of which crop up throughout other series.

Bloodshot vol 1

Bloodshot provides another view on Project Rising Spirit, but it doesn't really matter whether you read this first volume before or after the first couple of volumes of Harbinger.

Archer & Armstrong vol 1-3

The Archer & Armstrong books included in the bundle are completely self-contained and don't require any knowledge of the rest of the Valiant universe. Project Rising Spirit does make a brief appearance, but it's more of a namedrop than anything; it could be any shadowy organization, and doesn't really tie into its use in other Valiant comics.

Archer & Armstrong does introduce the Eternal Warrior, so it's best to read it before Unity. Also, Archer and Armstrong later team up with Quantum and Woody in The Delinquents, but that's not included in the bundle.

Shadowman vol 1-3

Shadowman doesn't cross over with any other Valiant books in the bundle except for a brief reference in Unity.

Vol 3 can almost be considered a standalone book in and of itself as it presents several done-in-one stories that don't really continue from vols 1 and 2, but since it includes the origin of Mister Darque, I think it still makes the most sense to read it last.

Shadowman also introduces Doctor Mirage, who gets a solo series later on; that series is not included in the bundle, but it does have a preview in Rai #3.

Quantum and Woody vol 1-3

The Q&W books in the bundle are standalone and don't cross over with anything else in the Valiant universe. Quantum and Woody later team up with Archer and Armstrong in The Delinquents, but that's not included in the bundle.

Eternal Warrior vol 1

Okay, so this book contradicts all the other appearances of the Eternal Warrior in all the other Valiant books so badly that it is the reason I tried to work out a chronology in the first place. It depicts Gilad as a reluctant warrior who turned his back on the Geomancers in the nineteenth century and has lived in seclusion since; this flatly contradicts both Archer & Armstrong, where he is tenaciously loyal to the Geomancers, and Unity, which shows him as part of a superhero team during WWII.

This is a fine book, but if you're worried about Valiant canon, I think the only reasonable conclusion is that this book isn't part of it.

Eternal Warrior vol 2

In fact, Eternal Warrior vol 1 is so separate from all the other Valiant books that you don't even need to read it before you read vol 2. Vol 2 is set 2000 years in the future and you don't need to read any other books about the Eternal Warrior first, including vol 1 of the same series.

This book occurs in the same future as Rai, but Eternal Warrior takes place on Earth and Rai takes place in an orbital space station, so there's not really any crossover to speak of. I'd recommend reading Eternal Warrior before Rai, but it's not that important.

Harbinger Wars

Bloodshot vol 2

This one almost falls under the standalone category, but its last page leads directly into Harbinger Wars. You'll want to read at least the first volume of Harbinger before you read Bloodshot vol 2; otherwise the last page isn't going to make a whole lot of sense.

The Crossover

Here's where things get dicey.

Harbinger Wars is one of those crossover events that takes place across its own self-titled miniseries, Harbinger, and Bloodshot. As in most crossovers of its type, that means a whole lot of rereading the same events from different perspectives -- Harbinger Wars focuses on Project Rising Spirit and HARD Corps, Harbinger switches between Toyo Harada and the Harbinger Foundation and Peter Stanchek and the Renegades, and Bloodshot follows Bloodshot and his team.

Harbinger and Harbinger Wars manage to line up pretty well with one another, but Bloodshot is paced significantly behind the other two. In both Harbinger and Harbinger Wars, Bloodshot makes it to Vegas and meets up with the Renegades in the third issue of the arc, while in Bloodshot, the third issue is a detour and he doesn't make it to Vegas until the fourth part. If you read the individual issues in the order they were published, it's jarring; they're out of sync.

So, you can either read each trade beginning-to-end, in order:

  1. Harbinger Wars
  2. Harbinger vol 3
  3. Bloodshot vol 3

or you can read the individual issues in the order they take place:

  1. Harbinger #0
  2. Harbinger Wars #1
  3. Harbinger #11
  4. Bloodshot #10
  5. Harbinger Wars #2
  6. Bloodshot #11
  7. Harbinger #12
  8. Bloodshot #12
  9. Harbinger Wars #3
  10. Harbinger #13
  11. Harbinger Wars #4
  12. Harbinger #14
  13. Bloodshot #13

Either way, you'll want to read the first two volumes each of Harbinger and Bloodshot before you read Harbinger Wars.


Not Included

The Humble Valiant Bundle doesn't include X-O Manowar vol 4, which is something of a problem as that book leads into Unity. At least, at the beginning of Unity, Aric has set up in Romania and has already crossed paths with Gilad; this doesn't happen in any of the books in the bundle and I assume it's in X-O vol 4.

Unity vol 1-2

Before you read this, you'll want to have read the first three volumes of X-O Manowar, the first three volumes of Harbinger (including the Harbinger Wars crossover), the first two volumes of Archer & Armstrong (since vol 2 introduces the Eternal Warrior, who appears in Unity), and, if you've got it, the fourth volume of X-O Manowar (which, as noted, is not included in the Humble Valiant Bundle).

And Finally...

Rai #1-#4

I would almost call Rai standalone, but it does pick up a thread from Unity vol 2, so I'd recommend reading that first. And maybe Eternal Warrior vol 2, since it takes place in the same future as Rai; there's not much overlap between them, but I think the story of Japan-as-space-station gains something if you already know what's going on down on the surface before you start.