The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

Posted by Victoria Strauss for Writer Beware®


On Wednesday, September 11, Publishers Lunch published an article by Erin Somers about payment issues at Dreamspinner Press, which I'm reprinting here with permission.

Dreamspinner Keeps Promising Authors to "Catch Up What Everyone Is Due" In Payments

Romance publisher Dreamspinner Press has not been paying royalties in timely fashion, authors have been reporting online, at least partially confirmed by emailed updates from the company that have been shared. Earlier this summer, authors posted on Twitter that the publisher had been inconsistent with payments for over a year, including delays in issuing both first quarter and second quarter 2019 royalties. In June, author TJ Klune posted, "Out of the last 8 quarters, this is the fourth time payments have been late, and the second in which I am owed penalties for said lateness." (Klune had said in March he would part ways with Dreamspinner after delivering three more books.) Author Suki Fleet posted, "I'm not waiting on a lot--but what I am waiting on is from foreign royalties paid to Dreamspinner this time *last* year, that I had to specifically ask for."

That month authors began announcing requests to revert their rights, a trend that continued over the course of the summer. There was some controversy within the romance community over whether authors withdrawing their work could cause the publisher to fail (or fail faster), in which case no one would get paid. Criticism extended to authors who supported the publisher as well, even though they were owed money.

Multiple agents PL spoke to said they were no longer doing business with Dreamspinner, except to negotiate their clients' rights back. They told us that acquisitions at the publisher had dwindled over the past year, confirmed by the sharp drop in PM deal reports, with Dreamspinner acquiring mostly from their existing authors, many of whom are unrepresented.

Dreamspinner provided authors a number of explanations in weekly emails, including writing that they had "not received payments from Amazon for UK or EU currencies," that they were awaiting deposits from "vendors," and that the late payments had been caused by a software glitch. In their latest update on September 4, the publisher said that they are anticipating a small business loan that will enable them to issue payments, and that they "can't offer a firm payment date to catch up what everyone is due." The email goes on, "With every set of deposits we receive, we've been sending payments, and we are continuing to respond as best we can to author requests." They added that they can't provide proof of the impending loan that authors have asked for because, "legal and banking documents are confidential and can't be posted online."

Meanwhile, authors including Indra Vaughn, Avon Gale, Jeff Adams, Will Knauss, CJane Elliott, Meredith Shayne, Tia Fielding, and many more have requested rights back. Fielding wrote on Facebook, "In the last year or so, they've repeatedly been more or less late in royalty payments." TJ Klune wrote in an email to the company that he posted on Twitter, that he is owed $27,448 in royalties and plans to involve a lawyer. A Facebook group of 75 former DSP authors has formed for people who have pulled their books or are considering it.

RWA has offered support for authors who have experienced trouble with Dreamspinner. They said in an August 21 statement: "We're aware of the situation, and members who need professional relations assistance, should contact memberadvocacy@rwa.org to reach our staff professional relations manager." Dreamspinner did not respond to PL's request for comment.

Writer Beware has been receiving similar complaints about late royalty and advance payments and confusing/conflicting explanations for the delays, with some authors saying they are owed four- and even five-figure amounts. According to a number of authors who contacted me, these problems have become more acute in the past few months, but they aren't new: periodic payment delays, with attendant excuses, began as much as two years ago.

Although Dreamspinner regularly sends out update emails (you can see an archive of these here), several authors told me they were having trouble getting responses from Dreamspinner CEO Elizabeth North.

Also of concern: in the midst of repeated payment delays, and despite its admissions of financial distress, Dreamspinner appears to be proceeding with sweeping expansion plans, including a shift to mass market paperback format, increasing the number of translations for the foreign market, and rolling out a new accounting and payment system (which several of the authors who contacted me told me they'd had trouble with). Multiple authors told me that they fear that author royalties, which Dreamspinner says go into an escrow account, are instead being used to finance company operations.

Authors' anger at the situation is growing. Meanwhile, Dreamspinner is still open for submissions. Writers who are considering approaching this publisher might want to hold off for the moment.

More information:

Tweets from authors Avon Gale, TJ Klune, Roan Parrish, KJ Charles (search "Dreamspinner" on Twitter to see many more).

Blog posts by authors Mary Winter, RJ Scott, Rhys Ford, TJ Klune.

Non-Dreamspinner author X. Marduk is compiling a Dreamspinner timeline, with lots of links to tweets and blog posts.

UPDATE 12/25/19: The payment problems at Dreamspinner appear to be ongoing. A group of Dreamspinner authors contacted RWA to request help:


You can read the entire letter here.

According to one of the letterwriters, RWA responded that there is nothing they can do. Dreamspinner's issues are now part of the implosion of Romance Writers of America, with writers increasingly furious over RWA's alleged foot-dragging in addressing complaints--not just about Dreamspinner, but generally.

UPDATE 12/28/19: Another of Dreamspinner's eminently reasonable-sounding but holy-crap-if-you-read-between-the-lines updates. (Summary, if you don't want to click on the tweet: they've hired a firm that specializes in financial restructuring to "develop a plan for 2020 and a structured repayment of all past due amounts." They promise to "be in touch with authors directly about their repayment schedule".)

And here's the latest Dreamspinner update. Um. Yeah. Financial restructuring. pic.twitter.com/dYjZaXKgrt

— Anna Zabo (@amergina) December 28, 2019

When you have to explain yourself by saying "We want to make clear that this isn't bankruptcy", it's not generally a good sign.

UPDATE 1/16/20: I continue to hear from Dreamspinner authors who have not been paid. Some are owed thousands of dollars for the first three quarters of 2019, and have received no payment at all; some have gotten partial payment, or are owed for fewer quarters. Bottom line: Dreamspinner owes a crapload of money to its authors.

According to the latest update from Elizabeth North, "Payments for November have started posting. They will all be submitted through Tipalti [Dreamspinner's accounting software] by Friday, January 10." What this appears to mean--at least, as of this writing and based on the authors who have contacted me--isn't actual payment (as in, money in bank account), but a status change on Tipalti from "In Process" to "Submitted For Payment." Also, the payments are for November royalties only. Anything prior to that will be folded into the restructuring plan Dreamspinner says it is pursuing.

Other stuff:

• Writers seem to be requesting rights reversion in droves. Many of them have multiple titles with Dreamspinner.
• In some cases,Dreamspinner seems to be unilaterally charging certain fees or expenses or other amounts against what they owe individual writers--i.e., reducing royalties owed by whatever the amount of the expense is. I don't want to provide details here, because I don't want to risk identifying the writers.
• The National Writers Union wants to hear from Dreamspinner authors who haven't been paid.
• Dreamspinner is fully enmeshed in the implosion of RWA. Claire Ryan has an exhaustive timeline of the crisis that's tearing RWA apart, with references to RWA's anemic response to Dreamspinner authors' complaints, and allegations that recently-resigned RWA President and Dreamspinner author Damon Suede may not have been eligible for the office based on his actual publications.

One thing that's really striking to me in this whole mess is how, if you look at just one of Dreamspinner's announcements and updates, they sound so very businesslike and reasonable. It's only if you go back and read them all in sequence--as I just did--that the facade starts to crumble, with unmet deadlines, moving goalposts, and unfulfilled commitments.

Back in June, Dreamspinner was promising that "the remainder of outstanding royalties" were about to be released...but here we are in January 2020, and they still owe tens of thousands of dollars. In July, they promised that they were "in the final steps" with the Small Business Administration loan, and "estimated funding has been moved back to mid-August"...but as of January, the loan is still pending. Over the months from June through December, they promised repeatedly to get everyone paid (especially, again and again, royalties for Quarter 2)...and then, in December, they suddenly announced the hiring of a firm to re-structure the entire debt from October backward, with no details about the process, or even an end date for it. Presumably, this firm will want a fee...from a publisher that can't afford to pay its authors.

I get that it's tough out there for small presses. Things go wrong. Vendors are tardy. Loans fall through. Personal emergencies happen. But read from beginning to end, Dreamspinner's updates--so reasonable-seeming individually--start to feel like mere excuses. Together with authors' frustrations and complaints, they paint a really troubling picture.

UPDATE 1/17/20: Re: all those November royalties that were to be released by January 10, and are currently listed in authors' Tipalti dashboards as "submitted" but not actually paid...this rather irate email from Tipalti to Dreamspinner in response to an author's inquiry about the delay suggests why nothing is landing in authors' bank accounts: Dreamspinner's payment account is not funded.


This is not good news. It's really starting to feel like there's some serious gaslighting going on here.

UPDATE 3/19/20: Dreamspinner has not provided an author update since January 7, and writers are still reporting that royalties are in arrears. Yet, amazingly, Dreamspinner is open to submissions:


Also seeking submissions: Dreamspun Desires.

Writer beware.

Posted by Victoria Strauss for Writer Beware®


Last year, California passed a new law, AB-5, intended to make things better for gig economy workers, such as Uber and Lyft drivers, by forcing these companies to provide employee protections and benefits for their freelance workers.

However, the narrowly-written law, which went into effect on January 2, has created unintended consequences for freelance writers, most of whom are independent by preference. If they sell 35 or more pieces to the same company in a year (which can easily happen with short blog posts or  product reviews), the company must treat them as employees rather than freelancers and pay payroll taxes as well as unemployment and other insurances. Even before the law went into effect, companies were laying off California freelancers and seeking replacements in other states.

Book writers may be affected too, under certain specific circumstances.

The article below was originally published by the Authors Guild; I'm re-printing it with permission. This is an issue all writers need to be aware of, as similar laws are under consideration in other states, including New York and New Jersey.


We have been receiving inquiries about California’s new law AB-5 and similar pending legislation in other states that require companies hiring individuals on a freelance basis for labor or services to treat them as employees, unless the individual’s work falls within one of several exceptions. Laws like AB-5 (which goes into effect on January 2) are meant to aid gig economy workers, such as Uber and Lyft drivers, who work for a single company and have no employee protections. They are well-intentioned pieces of legislation, but unless they are narrowly written, they can go beyond protecting gig workers and disadvantage many traditional freelancers who wish to remain independent by overriding existing state agency law.

To be clear, the Authors Guild fully supports employment protections for freelance journalists and authors, and will be lobbying for collective bargaining rights in 2020. Like Uber drivers, writers have no benefits and are often paid less than minimum wage. But forcing writers to work as employees, especially on a state-by-state basis, is not the way to go about it. The situation in California speaks to the importance of deliberation, careful drafting, and getting buy-ins from the various industry groups. Similar “gig worker” bills are in the works in New York and New Jersey. The new draft NJ bill includes a strict, sweeping version of the ABC test. Those working closely on the bill are concerned that freelance journalists will in many cases be treated as employees. We will watch the bill and do our best to ensure that the necessary protections for freelance journalists are added.

* The NY bill attempts to exclude freelance journalists, and we have provided comments to the drafters to make it clearer.* (correction 12.30.19)

AB-5’s 35-Submission Cap

As many of you are aware by now, much of the debate surrounding AB-5 comes down to its 35-submission cap applying to the contributions of freelance journalists, editors, and photographers. When the bill was being negotiated, a coalition of writer and photographer groups, including the Authors Guild, was able to get an exception for freelance writers. Unfortunately, Assemblywoman Lorena Gonzalez, who sponsored the bill, added a cap of 35 pieces per company—meaning that once a freelance journalist or editor submits 36 articles or jobs for the same company in one year, the freelancer must be treated as an employee and the employer must pay California State unemployment and employee insurances.

Many full-time writers today patch together a living from different sources—and they want to keep it that way. Because of AB-5, California freelance journalists writing 35 or more pieces for a single company fear losing clients to writers in states with laxer laws. Indeed, some publications have already stated that they will not hire California freelance writers because of the new law. 35 articles might seem like a lot, but there are plenty of writers who write more than that. Writing a short weekly blog piece for a client could easily put a writer over this limit.

Another problem with treating writers as employees and not freelancers is that employee-writers do not own the copyright in their work; instead, the employer is considered the “author” under copyright law and automatically owns the copyright in its creation. Of course, as most major publications today insist on an assignment of copyright anyway, the practical effect, unfortunately, is the same: the writer gives up copyright. Still, freelance writers who assign copyright can reclaim it after 35–40 years, which is a benefit that employee-writers lack.

Does AB-5 Apply to Book Contracts?

Authors have raised alarm that AB-5 will apply to book writers as well. The Authors Guild has been reviewing the bill from that perspective since it was first introduced. We were assured by those working on the bill that trade book authors are not covered, and we do not see a basis for disagreeing since the bill clearly states that AB-5 applies only to “persons providing labor or services” and authors provide neither “labor” nor “services” under standard book contracts—they instead grant copyright licenses or assignments. Additionally, royalties—even in the form of advance payments—are not considered wages. It is difficult to imagine how a court would conclude that a typical book contract is for labor or services.

Writers with Service-Like Obligations Should Get a Legal Opinion

There are, however, some book-writing agreements that could be considered service agreements and arguably would fall under AB-5, such as work-made-for-hire agreements and contracts where the author has ongoing obligations and the publisher has greater editing ability or control over the content. Authors and writers working under multi-book contracts are most likely to encounter such a situation. These authors’ contracts should be reviewed by an attorney to determine whether they are subject to AB-5. Publishers and authors who want to be certain to retain a freelancer relationship should be careful to make sure the contracts are written as simple license grants and not as services agreements. For instance, the agreement should be written as a copyright grant of a defined work without interim or ongoing obligations, and remuneration should be in the form of royalties and advances against royalties. The writer should also have full control over their work and use their own workspace and tools. As a general rule, it is also recommended that freelance editors and journalists have written contracts that allow them to work when and where they want with no oversight other than approval of the finished work product.

If you have such a contract and are an Authors Guild member, remember that we do review members’ contracts for free. You can send us the agreement using our online form, and our legal team will get you comments and let you know if you need to revise the agreement.

UPDATE 1/16/20: Washington (State, not DC) is contemplating a bill like this as well. From the comments, below:

WA should be on your watchlist, too. An AB5-like bill was just re-introduced in the Senate there, even though it had been defeated last year. It, too, requires writers and other freelancers and independent contractors be hired as employees when their works contribute to the normal business of their clients. The bill ignores a study of independent contractors that was prepared by the Dept of Commerce after the bill's defeat. The study documents that 3/4 of the independent contractors in WA don't need or want the employee benefits touted by the bill's advocates. Between their own efforts and those of their families and friends, they're doing fine. Read the study yourself then write to Sen. Karen Keiser about your opposition to being made employees against your will.

The study: https://app.leg.wa.gov/committeeschedules/Home/Documents/26113?//20902
Senator Keiser: karen.keiser@leg.wa.gov

A similar law may be in the works in Illinois.

UPDATE 1/20/20: This article from Digiday explores the negative impact that AB-5 is already having on freelancers and publishers in California.

Posted by Victoria Strauss for Writer Beware®


A couple of weeks ago, my Twitter warning about an amateur literary agent received a fairly curmudgeonly response.


Mistaking it for a serious (if misguided) comment, I responded with a thread about why it's, well, bad for an agent to lie about their credentials. Which prompted this:

Ooookayyyy then.

After a couple more exchanges in a similar vein, plus a not-so-subtle threat (I do give this person credit for knowing the difference between slander and libel), "Dr. Mudgett" flounced.


Soon after, several alert individuals messaged me to let me know that "Dr. Mudgett" isn't just a rando with an inflated sense of self-worth and a profile named after an infamous American serial killer, but one of the sockpuppets of an astonishingly prolific Twitter troll possessed of awesome vitriol and seemingly unlimited free time to indulge it.


The troll's full name is Gary S. Kadet--and though I'd never heard of him before he decided to call me out, he is well known in the Twitter writing community as someone who, via large numbers of fake accounts (most of which have been suspended by Twitter), hijacks popular hashtags like #amquerying, #mswl, and #WritingCommunity to launch vicious unprovoked attacks against writing and publishing people of all kinds, especially new writers and literary agents. So copious is his output--we're talking daily, even hourly tweets--that sometimes he runs out of new insults and has to recycle them. (Sample, if you can stomach it, the stream-of-invective narrative of his Dr. Mudgett Twitter feed.)

I'm always interested in the bizarro side of writing and publishing, and Mr. Kadet certainly seemed to fit the bill. So I put out a call for contact.


I got a perfect flood of responses. I heard from agents and agency interns whom Mr. Kadet had targeted for insults, mockery, and general harassment--especially if they were women, and in some cases after they rejected one of his manuscripts (Mr. Kadet is a [currently] frustrated novelist). I heard from writers he'd savaged for nothing more than posting positive comments about something, or announcing a book sale, or just for talking about writing. Much of his trolling seems to be of the drive-by variety, but I also heard from writers for whom he has conceived a deeper grudge--some of whom he has been stalking and attacking for years, and not just with nasty tweets, either. Some of these individuals told me that he has doxxed them, and made public things about their personal lives they would have preferred not to share. One of his targets was forced to seek help from the police.

Several people have written about their encounters with him (prompting him, in at least one case, to send a laughably bogus cease-and-desist). More personal accounts of Kadet encounters are here. Also here. In fact, he's so famous--at least, as a troll--that he has inspired a parody Twitter account. I guess that's some form of validation, right?

Sockpuppet accounts Mr. Kadet has used in the past (all deleted or suspended): @JohnnyRacetrack, @JimboRockfordPI, @JacktheTrippe11, @JacktheTrippe12, @GaryKDarkLord, @GaryKadet, @RealGarySKadet, @CastleMurder,  @MudgettMania, @MudgettRedux, @FrugSigmund, @Joe_Nesmith. @JoeChristmas6, @ImmortalGSK.

Socks he's using currently (that I know of): @JackMcVea, @KatzProserpine.

Mr. Kadet loathes a lot of people, but for one agent in particular, his hatred burns with a white-hot flame: Gina Paniettieri of Talcott Notch Literary Services. In 2018, Talcott Notch rejected one of Mr. Kadet's manuscripts, to which Mr. Kadet took extreme offense, and he has been targeting the agency and its agents ever since. In addition to a veritable tsunami of noxious tweets, promises to sue, accusations of violating his "IP confidentiality" (apparently because Gina revealed the rejected ms.), and bogus bad reviews wherever he can place them (not always successfully, since they are so demented that they get flagged), Gina tells me that he has called her home to harass her, and that he's currently demanding that she "settle" with him--i.e., pay him off--so that he'll stop.


Here's an interview with Talcott Notch agent Tia Mele about toxic writers in general and Mr. Kadet in particular.

So who is Gary S. Kadet IRL? There's not a great deal to be found on a websearch, but he did publish a novel in 2000 with Forge, and was apparently an editor with the Boston Book Review. He has lived in Cambridge, MA and Providence, R.I. Twitter isn't the only place where he has been accused of stalking.

Soon after my call for contact, Mr. Kadet's @KatzProserpine sock account DM'd me this:


Ooooh, scary! Not to be outdone by his alter ego, Mr. Kadet reached out to SFWA under his own name. Of course, he couldn't resist mentioning Talcott Notch. Also note the date: more than a week before I put this post online.


Mystery Writers of America, one of Writer Beware's supporters, received an identical "complaint" on the same date. Fortunately, both SFWA and MWA know how to handle trolls.

So what's the bottom line here--other than the bigger issue of the toxicity that flourishes on social media and the inevitability of encountering it if you're active online? I guess it's really just the familiar advice: "Don't feed trolls". Starve the energy monster. The thing with trolls is that, for the most part, it's really not personal. They don't care about you; it's your reaction they need. They thrive on your distress, and draw strength from your response. Depriving them of these things may not shut them up--they can't really control themselves--but it is probably the single most frustrating thing you can do to them.

So if you find yourself targeted by Mr. Kadet--or, indeed, if any random tweet of yours receives a nasty or belittling response from an account you've never heard of--the best possible comeback is simply to block the account and move on.

UPDATE: I learned this evening that Mr. Kadet today sent his "bad writer Strauss" message to Horror Writers Association, another of Writer Beware's supporters--and for good measure, sent it to MWA a second time. He has also weighed in in the comments here.

UPDATE 4/10/20: Sockpuppet account @KatzProserpine has reached out again on Twitter, alleging, as it often does, that Mr. Kadet has no Twitter presence...


...and claiming that it is not Mr. Kadet's sockpuppet account...

...while exhibiting Mr. Kadet's twin obsessions (Talcott Notch, nefarious "IP practices"--see Mr. Kadet's complaint about me, above).

Posted by Victoria Strauss for Writer Beware®

The enormous digital archive that is the Internet Archive encompasses many different initiatives and projects. One of these is the Open Library Project, a huge repository of scanned print books available for borrowing in various digital formats.

Unlike a regular library, the IA does not purchase these books, but relies on donations to build the collection. Nor are permissions sought from copyright holders before creating the new digital editions. And although the IA claims that the project includes primarily 20th century books that are no longer widely available either physically or digitally, the collection in fact includes large numbers of 21st century books that are in-copyright and commercially available--and whose sales the Open Library's unpermissioned versions have the potential to harm.

Most professional writers' groups consider the Open Library to be not library lending, but massive copyright violation. Many have issued alerts and warnings (you can see SFWA's alert here), and many authors have contacted the IA with takedown requests (to which the IA was not always terrific at responding; you can see my account of my own frustrating experience here).

In the fall of 2018, a novel (and disputed) legal theory was created to justify the Open Library and similar initiatives, called Controlled Digital Lending (CDL). CDL's adherents present it as "a good faith interpretation of US copyright law for American libraries" seeking to conduct mass digitization projects, and invoke as support the "exhaustion" principle of the first sale doctrine (the idea that an authorized transfer of a copyrighted work "exhausts" a copyright holder's ability to subsequently control the use and distribution of  that copy; this is what allows used book sales, for example) and the fair use doctrine (a complex principle that permits the copying of a copyrighted work as long as the copying is limited and transformative). As long as the library restricts its lending in ways similar to restrictions on the lending of physical books (for instance, allowing only one user at a time to access each digital format), CDL holds that creating new digital editions of in-copyright books and lending them out is fair use, and copyright holders' permission isn't necessary.

Libraries in particular have embraced CDL. Publishers' and writers' groups...not so much, especially in light of a recent legal decision that rejected both the first sale doctrine and fair use as basis for re-selling digital content. Here's the Authors Guild:

CDL relies on an incorrect interpretation of copyright’s “fair use” doctrine to give legal cover to Open Library and potentially other CDL users’ outright piracy—scanning books without permission and lending those copies via the internet. By restricting access to one user at a time for each copy that the library owns, the proponents analogize scanning and creating digital copies to physically lending a legally purchased book. Although it sounds like an appealing argument, the CDL concept is based on a faulty legal argument that has already been rejected by the U.S. courts.

In Capitol Records v. ReDigi, the Second Circuit held that reselling a digital file without the copyright holder’s permission is not fair use because the resales competed with the legitimate copyright holder’s sales. It found that market harm was likely because the lower-priced resales were sold to the same customers who would have otherwise purchased new licenses. In this regard, the court emphasized a crucial distinction between resales of physical media and resales of digital content, noting that unlike physical copies, digital content does not deteriorate from use and thus directly substitutes new licensed digital copies.

The same rationale applies to the unauthorized resale or lending of ebooks. Allowing libraries to digitize and circulate copies made from physical books in their collection without authorization, when the same books are available or potentially available on the market, directly competes with the market for legitimate ebook licenses, ultimately usurping a valuable piece of the market from authors and copyright holders.

For a more detailed deconstruction of CDL's arguments, see this statement from the Association of American Publishers.

Flash forward to 2020, and the coronavirus pandemic crisis. Last week, the IA announced the debut of the National Emergency Library--really just the Open Library, but with some new provisions.

To address our unprecedented global and immediate need for access to reading and research materials, as of today, March 24, 2020, the Internet Archive will suspend waitlists for the 1.4 million (and growing) books in our lending library by creating a National Emergency Library to serve the nation’s displaced learners. This suspension will run through June 30, 2020, or the end of the US national emergency, whichever is later.

During the waitlist suspension, users will be able to borrow books from the National Emergency Library without joining a waitlist, ensuring that students will have access to assigned readings and library materials that the Internet Archive has digitized for the remainder of the US academic calendar, and that people who cannot physically access their local libraries because of closure or self-quarantine can continue to read and thrive during this time of crisis, keeping themselves and others safe.

What this boils down to, under all the high-flying verbiage: the IA is ditching the one-user-at-a-time restriction that is one of the key justifications for the theory of controlled digital lending, and allowing unlimited numbers of users to access any digitized book in its collection.

The Authors Guild again, on how this harms authors:

IA is using a global crisis to advance a copyright ideology that violates current federal law and hurts most authors. It has misrepresented the nature and legality of the project through a deceptive publicity campaign. Despite giving off the impression that it is expanding access to older and public domain books, a large proportion of the books on Open Library are in fact recent in-copyright books that publishers and authors rely on for critical revenue. Acting as a piracy site—of which there already are too many—the Internet Archive tramples on authors’ rights by giving away their books to the world.

Here's just one concrete example. Katherine Harbour's Nettle King is available for borrowing in the National Emergency Library as a scan, an EPUB, and a PDF (the IA's EPUB versions are OCR conversions full of errors). Published in 2016, it's also "in print" and available on Amazon and other online retailers as an ebook, in addition to other formats. The IA, which never bought a digital license to Ms. Harbour's book and scanned and uploaded it without permission, now is proposing to allow unlimited numbers of users to access it, potentially impacting her sales. How is this any different from a pirate site?

Announcement of the National Emergency Library has been greeted rapturously by the press and by libraries. Less regarded has been the flood of protest and criticism from authors and professional groups. In situations like these, authors and publishers tend to be dismissed as greedy money-grubbers who are putting profits ahead of the march of progress and the noble dream of universal access to content...despite the fact that authors' right to make money from their work--and, just as important, to control the use of it--springs directly from the US Constitution, and has been enshrined in law since 1790.

In response to the outcry over the National Emergency Library, the IA has issued a justification of it, citing the "tremendous and historic outage" of COVID-19-related library closures, with "books that tax-paying citizens have paid to access...sitting on shelves in closed libraries, inaccessible to them." This noble-sounding purpose conveniently ignores the fact that those libraries' (legally-acquired and paid-for) digital collections are still fully available.

If your book is included in the National Emergency Library, and you don't want it there, the IA will graciously allow you to opt out (another inversion of copyright, which is an opt-in system).


Hopefully they'll be more responsive than they were in 2018, when I sent them DMCA notices that they ignored. Or later, when they began rejecting writers' takedown requests by claiming that the IA "operates consistently with the Controlled Digital Lending protocol.”


I've covered this question above, but I want to highlight it again, because it's such a persistent objection when this kind of infringement occurs: Brick-and-mortar libraries lend out books for free, so how are the IA's "library" projects any different?

A few reasons.

- Brick-and-mortar libraries buy the books they lend, a separate purchase for each format (hardcover, paperback, ebook, audiobook, etc.). The author gets a royalty on these purchases. The IA seeks donations, and lends those. Authors get nothing.

- Brick-and-mortar libraries lend only the books they purchase. They don't use those books to create new or additional, un-permissioned lending formats. That's exactly what the IA does. Moreover, one of its additional lending formats is riddled with OCR errors that make them a chore to read. Apart from permission issues, this is not how authors want their books to be represented to the public.

- People who advocate for looser copyright laws often paint copyright defenders as greedy or mercenary, as if defending copyright were only about money. It's worth remembering another important principle of copyright: control. Copyright gives authors not just the right to profit from their intellectual property, but to control its use. That, as much as or even more than money, is the principle the IA is violating with its library projects.

UPDATE: It appears that the IA--on its own initiative--is removing not just illegally-created digital editions in response to authors' takedown requests, but legally-created DAISY editions as well, even where authors don't ask for this (DAISY is a format for the visually impaired, and like Braille, is an exception in copyright law and is also permissioned in publishing contracts).


It did the same thing in 2018, even where the takedown requests specifically exempted DAISY editions. I don't know if the current removals reflect expediency or possibly are just a kind of FU to writers (and, indirectly, to disabled readers), but if you send a removal request to the IA, you might consider specifically asking them not to remove any editions for the blind and disabled (which, again, are legal for the IA to distribute).

UPDATE 4/2/20: The Authors Guild has issued a statement encouraging writers to demand that the Internet Archive remove their books from its National Emergency Library. The statement includes instructions on what to do, along with a sample DMCA notice in the proper legal form.

UPDATE 4/8/20: SFWA has issued a statement on the National Emergency Library, describing the legal theory of Controlled Digital Lending as "unproven and dubious". (A link to SFWA's DMCA notice generator is included.)

[U]sing the Coronavirus pandemic as an excuse, the Archive has created the “National Emergency Library” and removed virtually all controls from the digital copies so that they can be viewed and downloaded by an infinite number of readers. The uncontrolled distribution of copyrighted material is an additional blow to authors who are already facing long-term disruption of their income because of the pandemic. Uncontrolled Digital Lending lacks any legal argument or justification.

UPDATE 4/9/20: The Chairman of the US Senate Subcommittee on Intellectual Property, Thom Tillis, has sent a letter to the Internet Archive, pointing out the many voluntary initiatives by authors, publishers, and libraries to expand access to copyrighted materials, and expressing concern that this be done within the law. 

I am not aware of any measure under copyright law that permits a user of copyrighted works to unilaterally create an emergency copyright act. Indeed, I am deeply concerned that your "Library" is operating outside the boundaries of the copyright law that Congress has enacted and alone has the jurisdiction to amend.

The letter ends by punting "discussion" until "some point when the global pandemic is behind us." So, basically, carry on and maybe at some point we'll talk.

UPDATE 4/15/20: Internet Archive founder Brewster Kahle has responded to Sen. Tillis's letter, claiming that the National Library is needed because "the entire physical library system is offline and unavailable" (even though libaries' legally acquired digital collections are still fully available) and that "the fair use doctrine, codified in the Copyright Act, provides flexibility to libraries and others to adjust to changing circumstances" (there's no such language in the actual Fair Use statute).

Kahle also notes:

In an early analysis of the use we are seeing what we expected: 90% of the books borrowed were published more than ten years ago, two-thirds were published during the twentieth century. The number of books being checked out and read is comparable to that of a town of about 30,000 people. Further, about 90% of people borrowing the book only looked at it for 30 minutes. These usage patterns suggest that perhaps that patrons may be using the checked-out book for fact checking or research, but we suspect a large number of people are browsing the book in a way similar to browsing library shelves.

But this is hardly a compelling argument. Large numbers of these books are certainly still in copyright, and many are likely still "in print" and commercially available (in digital form as well as hardcopy). Just because a book was published more than ten years ago or prior to 2000 doesn't magically cause it to become so hard to find it must be digitized without permission in order to save it. "But they're older books" sidesteps, rather than addresses, the thorny copyright issues raised by the IA's unpermissioned scanning and digitizing.

This passage also tacitly confirms the IA's abandonment of the one-user-at-a-time restriction that is a key feature of the rationale for the Controlled Digital Lending theory. If the basis for your enterprise is a legal theory whose strictures can be jettisoned at will, how credible is that theory really?

Kahle also claims that "No books published in the last five years are in the National Emergency Library". As it happens, the example I provide above (Katherine Harbour's Nettle King) handily disproves this statement: it was published in 2016, and was digitized by the IA in 2018 (you can see the scan here). I seriously doubt it's the only instance. Either Kahle is being disingenuous, or he doesn't know his own collection.

As a sop to creators, Kahle reiterates that concerned authors "need only to send us an email" and their books will be removed. As I've pointed out above, this is yet another inversion of copyright law, which explicitly gives creators control over the use of their work. In other words, it's the IA, not authors, who should be the petitioners here.

UPDATE 4/16/20: This terrific, comprehensive article from the NWU's Edward Hasbrouck examines the multiple ways the Internet Archive is distributing the page images from its unpermissioned scanning of print books--"[o]nly one of [which] fits the Internet Archive’s and its supporters’ description of so-called Controlled Digital Lending (CDL)."

Cindy Lee “Lucifer Stand” “Lucifer Stand” is built around a keyboard vamp that sounds like a hollowed out version of Goldfrapp in their electro-glam phase. Everything else in the mix seems to echo off the walls implied by that riff, with the vocals sounding especially distant from wherever you are in this. Cindy Lee doesn’t […]

Sama seperti negara Indonesia dan negara lainnya yang ada di dunia ini. bahwasannya, pernikahan akan disuguhkan dengan berbagai macam tradisi serta keunikan setiap wilayahnya masing-masing. Misalnya untuk Indonesia sendiri, memiliki berbagai macam Pulau, Suku, Ras dll. Ketika seseorang sedang melaksanakan pernikahan, mereka kadang mencampurkan berbagai macam adat dan juga istiadat dari daerah atau pulaunya masing-masing. […]

The post Uniknya Tradisi Pernikahan Di Rusia appeared first on anni-sanni.com.

that's it, that's the best joke I'm ever going to write, it's all downhill from here

On April 26, 2009, TheOneRing.net marked its 10th anniversary with a huge celebration. It was quickly agreed that the TORn-born Founders Day holiday would be an annual event.  The Discussion Board members wanted a proper logo to mark each year; so being fans of J.R.R. Tolkien, we decided a Party Tree would be perfect!  Discussion […]

When TheOneRing.net marked its 10th anniversary in 2009, we celebrated in style. We had such a good time, we decided to celebrate every year on April 26, the date when TORn was established.  Today is our 11th Founders Day Anniversary and our 21st Anniversary (TORniversary). To us, however, this is more than an Anniversary.  Inspired […]

"Mad Mike" Hughes, a self-styled explorer and daredevil bent on proving that the earth is flat was killed over the weekend when his homemade rocket crashed in the California desert over the weekend.

The growls from the caged hyena reverberate through the room as Mohamed Sheikh Yakub slumps silently in a chair nearby, hoping the animal will frighten away the evil spirits he says have troubled him since his divorce.

Cherished figures from pillar of country’s culture among the dead, as virus hits working-class areas

• Coronavirus – latest updates
• See all our coronavirus coverage

Like so many of his neighbours in Madureira – a working-class neighbourhood considered Rio’s “cradle of samba” – Álvaro Silva was a diehard supporter of the local samba school, Portela.

Just a few weeks ago the 76-year-old percussionist watched in delight as the group to which he had dedicated more than half of his life took to the streets for its annual carnival procession.

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Cities like Barcelona want to use crisis to allow people to rent properties at decent rates

Airbnb has revolutionised travel and since it was founded in 2008 hundreds of thousands of property owners have used the holiday accommodation platform to make ends meet, make a living and, in some cases, make a killing.

But while hosts, as they are known, are wringing their hands over the collapse of the travel industry and their loss of income, many city authorities are rubbing theirs at the prospect of thousands of holiday lets returning to the traditional rental market. Cities complain that the highly profitable holiday lets have driven up rents and forced out residents with the knock-on effect that local businesses no longer have a community to serve.

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Bernicoff had appeared on the Channel 4 series alongside her husband, Leon, who died in 2017

June Bernicoff, best known as a cast member on the Channel 4 series Gogglebox, has died at the age of 82.

Bernicoff appeared on the hit series – in which members of the public commentate on television programmes from their living rooms – alongside her husband Leon, who died in 2017.

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Lebanon’s coronavirus lockdown has sent an economy already in deep trouble into freefall, and many are struggling to survive. Gino Raidy is an activist who was prominent during the October 2019 anti-government corruption protests. Now, with many fearing hunger and believing there is nothing left to lose, he is helping to keep demonstrators safe as they demand real and lasting change

• You think we care about masks?': anger and poverty grip Lebanese city

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• World champion not relishing racing without fans
• Hamilton appreciates sport’s importance to many

Lewis Hamilton believes returning to grand prix racing without fans will be an “empty” experience as Formula One prepares to launch the new season behind closed doors.

F1 expects to hold its first race on 5 July in Austria as a double header followed by two meetings at Silverstone, all without spectators. However, there remains the possibility that government quarantine restrictions may make travel for F1 teams unfeasible.

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Horn was famed for introducing a pet cheetah to the magic show and was mauled on stage by a tiger in 2003

• Coronavirus – latest updates
• See all our coronavirus coverage

Roy Horn of Siegfried & Roy, the duo whose extraordinary magic tricks astonished millions until Horn was critically injured in 2003 by one of the act’s famed white tigers, has died from coronavirus complications. He was 75.

Horn died of on Friday in a Las Vegas hospital, according to a statement released by his publicist Dave Kirvin.

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Country’s leader Alexander Lukashenko boasts of holding only parade in former Soviet Union

• Coronavirus – latest updates
• See all our coronavirus coverage

Thousands of people, including elderly veterans of the second world war, turned out for Belarus’s Victory Day military parade despite the coronavirus pandemic.

Images from the parade showed crowds packed on to parade bleachers as the country’s leader, Alexander Lukashenko, boasted of holding the only parade in the former Soviet Union to mark the defeat of Nazi Germany.

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Belarus leader holds parade prompting safety concerns as other nations curb WW2 events; Russia records 10,000 new Covid-19 cases; Spain’s daily death toll continues to fall. Follow the latest updates

• Global report: Trump says Covid-19 will ‘go away without vaccine’
• Mike Pence press secretary tests positive to Covid-19
• Brazil’s Bolsonaro must ‘drastically change course’, says The Lancet
• Coronavirus at a glance
• Australia – live news

3.54pm BST

A child was among sixteen migrants rescued four miles off the coast of France when their makeshift vessel bound for Britain ran into difficulties in the middle of the night, authorities said.

The group was picked up 3.8 miles off the French port of Calais after calling for help, French maritime authorities confirmed to AFP. A French maritime surveillance vessel rescued the migrants at around 5am and transported them to the Channel port of Dunkirk, where they were handed over to border police.

3.21pm BST

Vladimir Putin has told Russians they are invincible when they stand together, as he sought to send a message of unity after the country’s tally of Covid-19 cases reached the fifth highest in the world.

Addressing the nation in a speech as he presided over Victory Day celebrations, a sombre Putin invoked the memory of the country’s veterans who fought in the second world war.

We are united by our shared memory, hopes and aspirations, as well as a sense of shared responsibility for the present and the future. We know and strongly believe that when we stand together, we are invincible.”

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According this is video, there are 7 stages in which a Maine Coon slowly falls in love with a newborn. Or at least in this case.

What are the stages?

Stage 1: "Ewww, what is it?"

Stage 7: "I'll take it from here, thanks."

Just kidding, but not really. Watch the see the delevoping love between the two! 

Deep breath in, deep breath out. 

Can't help but smile when you come across a pure doggo snap collection! 

We've got it all -- the silliness, the funnies, the cuteness! Forty-four fetchin' doggo snaps all waiting for you! 

You may dig in. 

Total production minutes for TV anime in 2018 is 2nd highest in history

Kana Hanazawa, Mariko Kouda, Ayaka Ohashi return from smartphone game

Tumblr is a website of thoughts bouncing from one thing to another, filled with Tumblr rabbit holes to fill time and wildly creative thoughts like the idea of an alien invasion being fought off by wildlife. That said, a lot of it is silly puns, weird facts and people being dumb for dumbness sake.

This video is an oldie but goldie. Joseph Gordon-Levitt turns the tables on the paparazzi that were bombarding him with cameras and questions. It's a curious thing to see how the paparazzi react when being fed a ration of their own medicine. It's almost as if they don't like it, like really don't like it. 

Can't think of a better way to keep oneself entertained while on a road trip, with a buddy. This is just a great portrayal of the friendship between Richard Hammond and James May. 

The Subway employee served up the knowledge free of charge. Love to picture the look of grim acceptance on the vegan's face when they learned that mayo was in fact not vegan. The fact they went through with the original sandwich order anyways is pretty great. 

via http://www.visual-journal.net/

Wednesday marks the 50th anniversary of Earth Day, often spoken of as the birth of the green movement. Denis Hayes helped coordinate the first event, and speaks to New Scientist about its impact

Thousands of babies were born with severe brain damage after the 2015 Zika outbreak. New findings could tell us which therapies could help them most

People born prematurely may have weaker hearts that recover less well after exercise, potentially explaining their increased risk of heart disease

While an alarming 9 per cent of insects on land are being lost each decade, the state of the world’s insects is much more nuanced than warnings of an insect apocalypse

The UK government has refused to say how many covid-19 contact tracers it has employed, with less than three weeks to go until its target of recruiting 18,000 of them by mid-May

New Zealand is on track to eliminate covid-19 altogether, but keeping the virus out for good will be a challenge, and the economic impacts are likely to hurt

A lower court had ruled that the prisoner’s gender-affirming surgery is a medical necessity, and denying it constituted a violation of the Eighth Amendment.

Brazil could face "economic collapse" in a month's time due to stay-at-home measures to stem the coronavirus outbreak, with food shortages and "social disorder," Economy Minister Paulo Guedes warned Thursday. Brazil, Latin America's biggest economy, is also the epicenter of the coronavirus pandemic in the region. But far-right President Jair Bolsonaro - who appeared alongside Guedes, his free-market economics guru - opposes stay-at-home measures to slow the virus, saying they are unnecessarily damaging the economy. "Within about 30 days, there may start to be shortages on (store) shelves and production may become disorganized, leading to a system of economic collapse, of social disorder," Guedes said. "This is a serious alert." Bolsonaro, who has compared the new coronavirus to a "little flu," said he understood "the virus problem" and believed that "we must save lives." "But there is a problem that's worrying us more and more... and that's the issue of jobs, of the stalled economy," Bolsonaro added. "Fighting the virus shouldn't do more damage than the virus itself."

When gas began leaking from a nearby chemical factory and drifting towards his house in southern India, there were no warnings and no alarms, welder Elamanchili Venkatesh said. Venkatesh, who staggered outside blindly, said he coughed up blood before losing consciousness.

The governor's order names the Dallas hairdresser who was jailed on Tuesday for staying open.