Category: Stream of Consciousness

What Mega Man Powered Up Does Right and Mega Man: Maverick Hunter X Does Wrong, Part 1: Aspect Ratio

So the other day, I got to listening to OCRemix's Mega Man X: Maverick Hunter Rising album, and it got me jonesing to replay some Mega Man X.

I decided to take another crack at the 2006 PSP remake, Mega Man: Maverick Hunter X; it had disappointed me on my first playthrough, but I thought maybe I'd give it another chance.

And on a second playthrough, now that I'm familiar with its changes and idiosyncrasies, it went a lot smoother. Those changes and idiosyncrasies are glaring -- and they're what this series of posts is about -- but underneath them, it's a pretty solid remake of an excellent game.

But it's no substitute for the original.

And it's interesting to look at its immediate contemporary, Mega Man Powered Up, and see how much better Powered Up is than Maverick Hunter X.

There are a couple of reasons. One seems obvious -- in fact, it's the very first thing you notice:

  • Mega Man model
  • X model

Mega Man is short and squat, while X is tall and thin.

Now, these graphics tell you one thing right off the bat, and it's tone. Mega Man is fun and lighthearted; X takes himself seriously.

But the thing is, those designs affect every aspect of the game's design. And what you're looking at, in both cases, is a game that was originally designed for a 4:3 screen ratio, remade for a 16:9 one.

And which one of these guys do you suppose makes the transition better from 4:3 to 16:9 -- the one who's short and squat, or the one who's tall and thin?

At least, that's how it looks. But it's an illusion. Let's take a look at their actual dimensions, in-game:

  • Mega Man is 33x54px
  • X is 51x57px

Those are back-of-the-napkin measurements; I haven't taken the models through their full range of motion, and I'm not sure what the exact dimensions of their hitboxes are. But it's enough to see that Mega Man only looks shorter and squatter -- in terms of the dimensions rendered in-game, X isn't significantly taller than Mega Man, and he is significantly wider.

But it's not really just about the ratio of the character models -- it's about the design of the worlds they inhabit.

Both games face the same challenge: they have to substantially rework stage designs to fit a different screen ratio, while still making them feel like they play the same. Take a look at this screen from Cut Man's stage:

  • Cut Man Stage -- Mega Man
  • Cut Man Stage -- Mega Man Powered Up

It's pretty close.

In fact, it just hacks out the brick below the ladder, and the (inconsequential) top section of the ladder, above the range of the enemies.

It's got the same number of little eye-lantern guys, and nearly the same width to move around in. (The movable width of the screen in the original Mega Man is 12 "blocks", where in Powered Up it's a very close 11. And the height from the floor to the topmost enemy is 9 blocks in the original and 6 in Powered Up.)

There are places where Maverick Hunter X does a similarly good job, like here in Flame Mammoth's stage (after defeating Chill Penguin and freezing the lava):

  • Flame Mammoth Stage -- Mega Man X
  • Flame Mammoth Stage -- Mega Man: Maverick Hunter X

There's a lot less vertical space to move under that platform, but it's not important; it's still enough to fit, and still keep the entire room onscreen.

But other sections don't always fare as well. Look at the beginning of Spark Mandrill's stage:

  • Spark Mandrill Stage -- Mega Man X
  • Spark Mandrill Stage -- Mega Man Xtreme
  • Spark Mandrill Stage -- Mega Man: Maverick Hunter X

In the original SNES version of Spark Mandrill's stage, the sparks that run along the floor and ceiling are half X's height and half his width, and the gap between them gives you plenty of room to dodge them. In the Maverick Hunter X version, they're as big as X, and there's very little room in between them. Even the Game Boy Color Mega Man Xtreme, with its severely compromised screen size, didn't have that problem.

(On the plus side, this does mean that defeating Storm Eagle before Spark Mandrill (and thereby disabling the sparks in the floors) makes a much more significant difference in how the level plays than it does in the original game.)

Chill Penguin's stage has problems too:

  • Chill Penguin Stage -- Mega Man X
  • Chill Penguin Stage -- Mega Man Xtreme
  • Chill Penguin Stage -- Mega Man: Maverick Hunter X

In the original, you can see the wheel coming and have time to get out of the way; in Maverick Hunter X, you can't and you don't. Though in this case, at least it's not being shown up by Xtreme, which has the same issue.

In a nutshell, Powered Up does a really good job of redesigning its vertical segments to fit a 16:9 screen, while Maverick Hunter X doesn't. And this really sticks out, because like Powered Up, MHX is a really polished remake. It shouldn't have these kinds of glaring issues with cropping; they're the hallmark of much lazier ports, like Mega Man for Game Gear, Mega Man and Bass for GBA, and, yes, Mega Man Xtreme.

But it's not just a few sucker punches by enemies that are too big, or that come out of nowhere. No, worst of all are the tricky platform segments where your limited field of vision can result in cheap, instant deaths. And I'll get to those in my next post.

Mega Man ® 1989 and © 1987 Capcom Co, Ltd
Mega Man X ™ and © 1993 Capcom Co, Ltd
Mega Man Xtreme © 2001 Capcom Co, Ltd
Mega Man Powered Up and Mega Man: Maverick Hunter X © 2006 Capcom Co, Ltd

Character models supplied by Models Resource

I took all the screenshots myself, and tried to get them all at native resolution with no filters.
I used the following emulators:
SNES: Snes9x
Game Boy Color: Libretro with the Gambatte core

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.

E-Mails and Passwords

So the other day I decided it was past time to reset all my passwords.

I'm pretty good about password hygiene. I've been using a password locker for years, with a unique, randomly-generated* password for every account I use. But I'll admit that, like most of us, I don't do as good a job of password rotation as I might. That's probably because I've managed to amass over 150 different accounts across different sites, and resetting 150 different passwords is a giant pain in the ass.

(I'm thinking that, from here on in, I should pick a subset of passwords to reset every month, so I never wind up having to reset all 150 at once again. It would also help me to clear out the cruft and not keep logins for sites that no longer exist, or which I'm never going to use again, or where I can't even find the damn login page anymore.)

There was one more reason I decided now was a good time to do a mass update: I've got two E-Mail addresses that have turned into spam holes. As I've mentioned previously, I'm currently looking for work and getting inundated with job spam; unfortunately I went and put my primary E-Mail address at the top of my resume, which in hindsight was a mistake. Never post your personal E-Mail in any public place; always use a throwaway.

Which I do, most of the time -- and that's created a second problem: I've been signing up for websites with the same E-Mail address for 15 years, and also used to use it in my whois information. (I've since switched to dedicated E-Mail addresses that I use only for domain registration.) So now, that E-Mail has turned into a huge spam hole; it's currently got over 500 messages in its Junk folder, and that's with a filter that deletes anything that's been in there longer than a week. My spam filters are well-trained, but unfortunately they only run on the client side, not the server side, so any time Thunderbird isn't running on my desktop, my spam doesn't get filtered. (If I'm out of the house, I can tell if the network's gone down, because I start getting a bunch of spam in my inbox on my phone.)

So now I've gone and created two new E-Mail addresses: one that's just for E-Mails about jobs, and another as my new all-purpose signing-up-for-things address.

My hope is that the companies hammering my primary E-Mail address with job notifications will eventually switch to the new, jobs-only E-Mail address, and I'll get my personal E-Mail address back to normal. And that I can quit using the Spam Hole address entirely and switch all my accounts over to the new address. Which hopefully shouldn't get as spam-filled as the old one since I haven't published it in a publicly-accessible place like whois.

Anyway, some things to take into account with E-Mail and passwords:

  • Don't use your personal E-Mail address for anything but personal communication. Don't give it to anyone you don't know.
  • Keep at least one secondary E-Mail address that you can abandon if it gets compromised or filled up with spam. It's not necessarily a bad idea to have several -- in my case, I've got one for accounts at various sites, several that I use as contacts for web domains, and one that's just for communication about jobs.
  • Use a password locker. 1Password, Keepass, and Lastpass are all pretty highly-regarded, but they're just three of the many available options.
  • Remember all the different devices you'll be using these passwords on.
    • I'm using a Linux desktop, an OSX desktop, a Windows desktop, and an Android phone; that means I need to pick a password locker that will run on all those different OS's.
    • And have some way of keeping the data synced across them.
    • And don't forget that, even with a password locker, chances are that at some point you'll end up having to type some of these passwords manually, on a screen keyboard. Adding brackets and carets and other symbols to your password will make it more secure, but you're going to want to weigh that against the hassle of having to dive three levels deep into your screen keyboard just to type those symbols. It may be worth it if it's the password for, say, your bank account, but it's definitely not worth it for your Gmail login.
  • Of course, you need a master password to access all those other passwords, and you should choose a good one. There's no point in picking a bunch of unique, strong passwords if you protect them with a shitty unsecure password. There are ways to come up with a password that's secure but easy to remember:
    • The "correct horse battery staple" method of creating a passphrase of four random words is a good one, but there are caveats:
      • You have to make sure they're actually random words, words that don't have anything to do with each other. Edward Snowden's example, "MargaretThatcheris110%SEXY.", is not actually very secure; it follows correct English sentence structure, "MargaretThatcher" and "110%" are each effectively one word since they're commonly-used phrases, the word "SEXY" is common as fuck in passwords, and mixed case and punctuation don't really make your password significantly more secure if, for example, you capitalize the beginnings of words or entire words and end sentences with periods, question marks, or exclamation points. Basically, if you pick the words in your passphrase yourself, they're not random enough; use a computer to pick the words for you.
      • And this method unfortunately doesn't work very well on a screen keyboard. Unless you know of a screen keyboard that autocompletes words inside a password prompt but won't remember those words or their sequence. I think this would be a very good idea for screen keyboards to implement, but I don't know of any that do it.
    • There are programs and sites that generate pronounceable passwords -- something like "ahx2Boh8" or "ireeQuaico". Sequences of letters (and possibly numbers) that are gibberish but can be pronounced, which makes them easy to remember -- a little less secure than a password that doesn't follow such a rule, but a lot more secure than a dictionary word. But read reviews before you use one of these services -- you want to make sure that the passwords it generates are sufficiently random to be secure, and that it's reputable and can be trusted not to snoop on you and send that master password off to some third party. It's best to pick one that generates multiple passwords at once; if you pick one from a list it's harder for a third party to know which one you chose.
  • Of course, any password is memorable if you type it enough times.
  • And no password is going to protect you from a targeted attack by a sufficiently dedicated and resourceful attacker -- if somebody's after something you've got, he can probably find somebody in tech support for your ISP, or your registrar, or your hosting provider, or your phone company, or some company you've bought something from, somewhere, who can be tricked into giving him access to your account. Or maybe he'll exploit a zero-day vulnerability. Or maybe one of the sites you've got an account with will be compromised and they'll get everybody's account information. Password security isn't about protecting yourself against a targeted attack. It's about making yourself a bigger hassle to go after than the guy sitting next to you, like the old joke about "I don't have to outrun the tiger, I just have to outrun you." And it's about minimizing the amount of damage somebody can do if he does compromise one of your accounts.
  • And speaking of social engineering, security questions are deliberate vulnerabilities, and they are bullshit. Never answer a security question truthfully. If security questions are optional, do not fill them out. If they are not optional and a site forces you to add a security question, your best bet is to generate a pseudorandom answer (remember you may have to read it over the phone, so a pronounceable password or "correct horse battery staple"-style phrase would be a good idea here, though you could always just use letters and numbers too -- knowing the phonetic alphabet helps) and store it in your password locker alongside your username and password.
  • You know what else is stupid? Password strength indicators. I once used one (it was Plesk's) that rejected K"Nb\:uO`) as weak but accepted P@55w0rd as strong. You can generally ignore password strength indicators, unless they reject your password outright and make you come up with a new one.

* For the purposes of this discussion, I will be using the words "random" and "pseudorandom" interchangeably, because the difference between the two things is beyond the scope of this post.

My Favorite Episodes of Millennium

So, as in my previous post of favorite X-Files episodes, this is a list of my favorite Millennium episodes. And, as with X-Files, I haven't finished watching the whole series yet, so I'll plan on updating this post as I go and adding more favorites as I get them.

Unlike the previous post, I'm not splitting this into a Monster-of-the-Week section and a Mythology section, because up to this point all the Millennium episodes I've liked have been mythology episodes. I may add a Monster-of-the-Week section if I see any Monster-of-the-Week episodes I like.

Season 1, Episode 1: Pilot

Introduces the series: Frank Black, his wife and daughter, the Millennium Group, and his police contact Bob Bletcher. Frank having a family immediately sets him apart from Mulder and Scully over on the sister show. We also find out that he's a former FBI agent who had a breakdown and has since moved back to Seattle, and that he's got some kind of minor psychic ability to see what happened at a crime scene. The show also establishes the eponymous Millennium Group and vaguely intimates that it's involved in investigating some kind of Satanic apocalyptic cult, but then the show goes episodic and we get a bunch of forgettable serial killer episodes, and really don't get any development on that idea until episode 13.

Season 1, Episode 13: Force Majeure

I think it's pretty clear, looking at season 1, that Carter and company didn't originally intend for this show to take place in the same universe as X-Files, because they cast a lot of actors who had appeared on that show to appear on this one in completely different roles -- this episode, for example, has Terry O'Quinn, CCH Pounder, Brad Dourif, and Morgan Woodward. All of them are excellent, but it's a little jarring.

Anyhow, this episode finally picks up the Millennium Group/Doomsday Cult thread from the pilot. We get the prediction that the world will end on May 5, 2000, and a sinister old man who's breeding clones to survive the coming apocalypse.

Season 1, Episode 14: The Thin White Line

We get a good hefty chunk of Frank's backstory, and some cat-and-mouse with a serial killer who he put away during his time with the FBI.

Season 1, Episode 15: Sacrament

Introduction of Frank's brother, sister-in-law, and nephew; first signs that Jordan may have inherited Frank's psychic ability.

Season 1, Episode 17: Walkabout

This one gets off to a really strong start, with an in media res opening, the other characters not knowing what's happened to Frank, and Frank himself suffering from amnesia and not remembering what's happened to him the past few days.

The last act doesn't quite live up to the setup, but the beginning is strong enough to make for a pretty solid episode.

Season 1, Episode 18: Lamentation and Episode 19: Powers, Principalities, Thrones and Dominions

Another episode where Frank has a run-in with a killer he's faced previously and a potential copycat, this episode features a threat against his family and the death of a recurring character.

And then the second part, despite centering on Frank's quest to find the killer, appears to be completely disconnected from the first part. He matches wits with someone who may or may not be the Devil, someone claiming to be an angel, and at the end of the whole thing there's no resolution and we're left with way more questions than answers.

To put it another way, 14 episodes in Millennium finally feels like a Chris Carter show.

My Favorite Episodes of The X-Files

So awhile back I started re-watching The X-Files. It's available on Netflix, Hulu, and Amazon (that last one's an affiliate link), and now available in a very nice HD remaster. (Apparently the entire series, except the pilot, was originally filmed in widescreen, so the remastered episodes aren't cropped, they're actually expanded -- except, again, the pilot. And also seasons 5-9, which aired in widescreen the first time, but now they're also in HD.)

I'm also working my way through Millennium (which is not available in any format other than DVD and illegal download), and I'll watch Lone Gunmen when I get to that point in the chronology.

And I got to thinking, you know, I should make a list of what episodes are worth watching -- since, let's be honest, there are a hell of a lot of them that aren't.

Now, X-Files episodes are generally broken down into two categories: mythology episodes (the continuity based ones that deal with the overarching plots about aliens and a massive government conspiracy) and monster-of-the-week episodes (the standalone, one-off episodes). Generally speaking, I like the monster-of-the-week episodes better; they have more variety in both content and tone, they're often a lot of fun, and they don't string you along with the idea that they're building toward some kind of grand resolution. (Spoiler alert: there is no grand resolution; the writers are making the mythology up as they go along.) But, on the other hand, there are mythology episodes I really like, and they're fun in their own way despite the continuity being a hodgepodge and a mess.

So I'm going to split this up into two sections: monster-of-the-week episodes and mythology episodes, and in my next post I'll tackle Millennium episodes. (So far every Millennium episode I've liked has been a mythology episode.) And I'll plan on keeping these posts updated as I work through the series, so expect more episodes to be added, and a post added for Lone Gunmen when I get around to it.

Lastly: I'd be remiss if I didn't link to Monster of the Week: The Complete Cartoon X-Files, a webcomic by Shaenon K Garrity which goes through the series one episode at a time and lampoons them. (Most of them. Some are so good that she plays them straight.) Oh, and if you want a really thorough breakdown, you could give Kumail Nanjiani's X-Files Files podcast a listen too.

Anyway, on to the actual recommendations.

Monster-of-the-Week Episodes

I thought of putting mythology first, but the monster-of-the-week episodes are easier to get into for a casual viewer, so I'm going to put those first. These episodes can, generally speaking, be watched in any order and without any knowledge going in besides "Mulder and Scully are FBI investigators who look into paranormal stuff; he's a believer and she's a skeptic."

Season 1, Episode 3: Squeeze

Introduces stretchy bad guy Eugene Tooms, probably the most memorable of the show's many Monsters of the Week, and one of the few to get a second appearance.

Season 1, Episode 8: Ice

An episode in the "People are trapped in a remote location and start turning on each other" mold.

Season 1, Episode 20: Darkness Falls

A good race-against-time episode with killer insects, albeit with kind of a disappointing ending.

Season 1, Episode 21: Tooms

Tooms's second and final appearance; first appearance of Walter Skinner.

Season 2, Episode 2: The Host

Darin Morgan plays a sewer monster called Flukeman, with some of the best monster makeup in the series; first appearance of Mr. X.

Season 2, Episode 20: Humbug

First episode written by Darin Morgan; first episode explicitly written as a comedy; features circus folk. X-Files is always a little uncomfortable when it deals with anybody who's different (be that ethnic minorities or people with disabilities), and I feel a little bit of that here, but I think it also comes across as a celebration of its guest stars.

Season 3, Episode 3: DPO

Giovanni Ribisi plays a slacker teenager with lightning powers who hangs out in an arcade (where the Sonic the Hedgehog music is inexplicably playing even though that is not an arcade game). Jack Black plays his sidekick.

Season 3, Episode 4: Clyde Bruckman's Final Repose

Okay, here we go. If you only watch one episode of X-Files, ever, it should be this one. It's pretty much perfect in every way, and it won two Emmys, one for writer Darin Morgan and the other for guest star Peter Boyle.

Boyle plays a lovable but curmudgeonly old psychic who can see the moment everyone around him dies.

I think I'd give a slight edge to Jose Chung's From Outer Space (also written by Darin Morgan) as my all-time favorite episode. But this one is more accessible.

Seriously, if you haven't seen Clyde Bruckman's Final Repose, you can skip the rest of this list until you've seen it. It's not just X-Files at its best, it's TV at its best.

Season 3, Episode 11: Revelations

Gets into Scully's Catholicism a bit; it's the second religious-themed episode where the leads reverse their roles and she plays the believer against Mulder as skeptic. (The first is Beyond the Sea; it's down below in the Mythology section.)

Season 3, Episode 12: War of the Coprophages

Another episode written by Darin Morgan. It has what may very well be the dumbest premise of any episode (people are being killed by swarms of cockroaches, which turn out to be alien robot cockroaches sent to observe us), but Morgan's script is sharp enough to overcome it. This one's got some of the funniest dialogue of the entire series.

Season 3, Episode 13: Syzygy

Mostly fun for Mulder and Scully being really bitchy toward each other. Guest starring Lisa Robin Kelly and (briefly) Ryan Reynolds.

Season 3, Episode 20: Jose Chung's From Outer Space

The final episode written by Darin Morgan (though he did a rewrite on Quagmire; see below). As noted above, I think this one edges out Clyde Bruckman's Final Repose as my favorite. It's got unreliable narratives within unreliable narratives, men in black played by surprise guest stars, stop-motion kaiju, and Charles Nelson Reilly.

Season 3, Episode 21: Avatar

Skinner episode.

Season 3, Episode 22: Quagmire

Lake monster episode. Mostly forgettable, except for a scene where Mulder and Scully get to talking while they're stranded on an island; that scene was written by Darin Morgan.

Season 4, Episode 2: Home

Okay, I'm going to say it: Home is overrated.

It's impeccably directed (by Kim Manners), and it's possibly the most memorable episode of the whole series. But it's memorable entirely because of cheap shock value.

I think it's one of those episodes you've just gotta watch once, and it will stick with you. It blew me away the first time I saw it. But when I came back to it 18 years later, I was a lot less impressed. (So okay, maybe this one shouldn't be on a list of my favorites. But it's definitely a must-watch episode, so I'm putting it here anyway.)

Season 4, Episode 5: The Field Where I Died

This one's got a few plot holes (how can the Cigarette Smoking Man be a reincarnated Nazi prison guard if he was alive during the Holocaust?), but it's got some great character moments for Mulder, and showcases Duchovny's acting range in a way that most of the rest of the series doesn't.

Season 4, Episode 10: Paper Hearts

Mulder matches wits with a child molester who he helped put in prison. Potential retcons to the story of Samantha's abduction, but then no they don't pan out and that's why this isn't under Mythology Episodes.

Season 4, Episode 11: El Mundo Gira

The Chupacabra episode!

Season 4, Episode 12: Leonard Betts

One of those "Nice unassuming man who starts killing people because he has a weird power" episodes. Also, foreshadows Scully's cancer.

Season 4, Episode 13: Never Again

A Scully-centric episode where she gets a tramp stamp of the Millennium logo and almost hooks up with a guy with an evil Bettie Paige tattoo.

Season 4, Episode 20: Small Potatoes

An episode written by Vince Gilligan and guest starring Darin Morgan as a shapeshifter. The highlight of the episode, far and away, is a scene in which he shape-shifts into Mulder and then channels De Niro in Taxi Driver. This is probably Duchovny's finest performance in the show's entire run, and shows he's really got some serious comic chops; everything from his delivery to his body language to his facial expressions is brilliant.

Mythology Episodes

These aren't necessarily the most "important" mythology episodes, the ones with plot details that play out through the rest of the series (though some of them are); they're just the ones I like. And anyway, even if you do watch all the mythology episodes expecting them to eventually make sense, you're just setting yourself up for disappointment.

There are some spoilers down here, including character departures.

Season 1, Episode 1: Pilot

Season 1 is a little rough but I love it despite (or because of) its flaws. There's a lot of stuff the show gets right right from the beginning, and the chemistry between Duchovny and Anderson is at the top of the list.

Season 1, Episode 2: Deep Throat

A fun guest appearance by Seth Green and lots of Area 51 stuff.

Season 1, Episode 10: Fallen Angel

Mulder's got fanboys! Introduces abductee Max Fenig, who's something of a template for the Lone Gunmen.

(Max also shows back up in a two-parter in season 4, but it's not on this list because it's boring.)

Season 1, Episode 13: Beyond the Sea

Guest appearance by Brad Dourif; death of Scully's father; first time Mulder is the skeptic and Scully is the believer.

(You could argue that this one's not a mythology episode because it doesn't deal with the aliens/conspiracy arcs, but I'm putting it here because it establishes a lot of Scully's background that is referred to throughout the rest of the series.)

Season 1, Episode 17: EBE

First appearance of the Lone Gunmen.

Season 1, Episode 24: The Erlenmeyer Flask

This is one of those episodes where everything changes, except that it doesn't; everything snaps right back to status quo in season 2: the X-Files get reopened, Scully goes back to being a skeptic even though she's seen an alien fetus in a jar, and while Deep Throat's departure is made out to be a big deal, Mr. X takes over and fills the exact same role in seasons 2 and 3 (after which he's replaced by Marita Covarrubias, who still pretty much fills the same role). Regardless, this one's exciting, and a lot of stuff happens; we've got human/alien hybrids, the Crew Cut Man assassinating people, and the departure of Deep Throat.

Season 2, Episode 5: Duane Barry and Episode 6: Ascension

Scully's abduction and Krycek's betrayal, two plot points that continue to come back up for the rest of the series. It's also got a guest appearance by CCH Pounder.

Season 2, Episode 8: One Breath

Scully's return. She spends most of it in a coma dreaming she's in a boat, but the rest of the cast really gets a chance to shine. There are some great scenes between the Smoking Man and Skinner, Mulder and Skinner, and Mulder and the Smoking Man, and some excellent moments from Mr. X and Frohike too.

Season 2, Episode 16: Colony and Episode 17: End Game

More hybrids; Bounty Hunters; clone colony; first return of Samantha; first appearance of Mulder's father and revelation that he was part of the Syndicate.

Season 2, Episode 25: Anasazi, Season 3: Episode 1: The Blessing Way and Episode 2: Paper Clip

Some really cringe-inducing stuff with Native Americans, but aside from that it's the first appearance of Teena Mulder, and more on Bill Mulder's history with the Syndicate. And there's some Lone Gunmen stuff and a Nazi scientist.

Season 3, Episode 9: Nise and Episode 10: 731

Mulder investigates an alien autopsy video; Scully finds an alien abductee support group (and the first hint that she may have cancer).

Season 3, Episode 15: Piper Maru and Episode 16: Apocrypha

First appearance of black oil; return of Krycek; some more stuff about CSM and Bill Mulder.

Season 3, Episode 24: Talitha Cumi and Season 4, Episode 1: Herrenvolk

More hybrids; more Bounty Hunters; more clone colonies; first hints that the Cigarette Smoking Man may be Mulder's biological father; departure of Mr. X and his immediate replacement by Marita Covarrubias.

Season 4, Episode 7: Musings of a Cigarette Smoking Man

A lot of fans hate this one, and I guess I can understand the perspective that it demystifies the CSM in a way that makes him less interesting.

But I don't agree, and I love it, because it's so deliciously over-the-top. And the reason it's over-the-top is that it's all unreliable-narrator stuff; this is CSM's backstory filtered through his own fiction, published in a porno magazine (whose staff changed some of the details), and then related to Mulder by Frohike.

Basically, it's a tall tale, which ties the Cancer Man to the Kennedy and King assassinations and every other alleged government conspiracy of the twentieth century -- and all because he couldn't get his short stories published.

Season 4, Episode 8: Tunguska and Episode 9: Terma

Return of Krycek and the Black Oil; Mulder and Krycek go to Russia.

Season 4, Episode 14: Memento Mori

This is the "Scully Has Cancer" episode. It's loaded up with Chris Carter purple prose monologues. It's also got the Lone Gunmen, clones, and a callback to that episode where she met the other abductees.

Getting Sprint LTE to Work on CyanogenMod 12

First, let's get one thing out of the way: if you're using a custom Android ROM on your phone (or any device that can receive text messages), you're going to want to make sure it's up-to-date. There's a vulnerability in an Android component called Stagefright that is potentially devastating; it allows an attacker to gain control by doing nothing more than send a text message, and there are now attacks in the wild.

If you've got the stock firmware on your phone, and your phone is relatively recent, you should get the patch to fix this vulnerability automatically. (If, for example, your phone is running Lollipop, either because it came with it or automatically updated to it, you're probably good.)

But if you're running a custom ROM and don't have automatic updates enabled, you're going to want to check on whether you're running a current version that includes the Stagefright fix.

I'm a CyanogenMod user. If you're using the latest version of CyanogenMod 11.0, 12.0, or 12.1, then you've got the Stagefright fix.

I recently took the opportunity to upgrade my phone to the latest 11.x series to get the fix. And I figured while I was at it, why not upgrade to 12.1 and see if it's any good?

So I installed CyanogenMod 12.1, and everything looked like it was working fine at first -- when I was using it in my own house, on my wifi network. It wasn't until a day or two later that I realized my Sprint data connection wasn't working.

It took rather more searching than it should have, but it turns out there's an easy solution (albeit an annoying one if you've already got your phone set up the way you want it, because it involves wiping it to factory again).

mjs2011 at XDA Developers links to a file assembled by somebody named Motcher41, and gives these instructions for use:

The fix should be flashed during initial installation, so:

  1. Flash ROM
  2. Gapps
  3. SU (if necessary)
  4. Sprint APN Fix zip

I can confirm that you don't need to worry about setting up root before; it's fine if you do it afterward (my recovery, for example, sets up su right before reboot). However, I can confirm that you need to install after Gapps and before your first boot; if you install it before Gapps or after your first boot then it won't work.

Update 2015-09-30: After a few days my data connection quit working again. I rebooted to recovery, reinstalled, and it started working again. So never mind about not working if you install it after you've already booted the ROM; it will still work just as well. Unfortunately, "just as well" appears to mean "just for a few days"; I'm not sure what happened that changed my settings to make it stop working, but if I figure it out I'll update this post again.

You may notice that the linked thread is old (it's from November 2013) and was written in reference to pre-11.0 versions of CyanogenMod. However, I can confirm that it applies to the 12.x series too. This issue appears to be a regression; CM fixed it in version 11 but then broke it again in version 12.

So if you're a Sprint customer and you just installed CyanogenMod 12 on your phone and then discovered Sprint data was no longer working, this is what you're gonna wanna do to fix it.

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.