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Jim Baen’s Universe

Page 73

by Edited by Eric Flint


  There’ll be so­me dif­fe­ren­ces, of co­ur­se, which simply ref­lect chan­ges in po­pu­lar tas­te over the ye­ars. ASF in mid-cen­tury, for in­s­tan­ce, very ra­rely if ever car­ri­ed any fan­tasy sto­ri­es, whi­le we will be car­rying a lot. In that sen­se, Ba­en’s UNI­VER­SE is a very big tent, and we’re not fussy at all abo­ut the con­tent of the sto­ri­es we buy. All we ask is that they be sto­ri­es, of wha­te­ver of FSF’s many sub-gen­res, that at le­ast most re­aders find fun to re­ad.

  Let me put it this way. The gu­iding edi­to­ri­al phi­lo­sophy of Ba­en's UNI­VER­SE is the well-known re­mark-usu­al­ly at­tri­bu­ted to Ro­bert He­in­le­in but ac­tu­al­ly sa­id by Po­ul An­der­son-to se­ve­ral ot­her SF aut­hors. I can't re­mem­ber the exact words, but the gist was:

  "Face it, guys. We're com­pe­ting for our cus­to­mer's be­er mo­ney."

  Indeed so. UNI­VER­SE is what you might call a be­er drin­kers’ ma­ga­zi­ne.

  Well… No, that's not qu­ite right. Most pe­op­le are ne­it­her low-brows nor high-brows, they go back and forth de­pen­ding on the si­tu­ati­on. And they do not drink be­er ex­c­lu­si­vely. On oc­ca­si­on, they'll put on a tux and drink ex­pen­si­ve cham­pag­ne and cog­nac, and eat ca­vi­ar. But, most of the ti­me, they just want to ha­ve a co­up­le of be­ers af­ter work on a Fri­day night, to re­lax.

  That is our audi­en­ce. Pe­op­le re­la­xing on a Fri­day night over a co­up­le of li­te­rary be­ers. The de­adly words, for me as an edi­tor, is for so­me­one to fi­nish a story and say: "Well, that was a re­al bum­mer. I wish I'd bo­ught a be­er in­s­te­ad."

  That sa­id, pe­op­le ha­ve dif­fe­rent tas­tes in be­er. So I'm qu­ite wil­ling to pro­vi­de a ran­ge of them in the ma­ga­zi­ne, ran­ging from la­gers and pil­s­ners to dark sto­uts.

  The dic­ho­tomy bet­we­en "po­pu­lar sto­ri­es" and "li­te­rary sto­ri­es" is usu­al­ly po­sed in­cor­rectly, in my opi­ni­on, as if they we­re aimed at two com­p­le­tely dif­fe­rent mar­kets in the sen­se of two com­p­le­tely dif­fe­rent sets of pe­op­le.

  But that's not re­al­ly the ca­se. At best, it only cap­tu­res the frin­ge of the phe­no­me­non.

  Yes, it's true that the­re are so­me pe­op­le who can be cal­led Joe Six-Packs. But, typi­cal­ly, they re­ad very lit­tle to be­gin with. They spend the­ir ti­me wat­c­hing te­le­vi­si­on, and if they re­ad at all it's usu­al­ly a new­s­pa­per or a non-fic­ti­on "self-help" type of bo­ok.

  On the flip si­de, yes, it's true that the­re are al­so so­me pe­op­le who re­ad not­hing but the gre­at clas­sics of wes­tern li­te­ra­tu­re. But not many. In my ex­pe­ri­en­ce, even very in­tel­lec­tu­al­ly-in­c­li­ned pe­op­le are far mo­re li­kely, on any gi­ven Tu­es­day, to re­ad so­me kind of po­pu­lar gen­re fic­ti­on than so­met­hing li­ke Fa­ul­k­ner's Ab­sa­lom, Ab­sa­lom.

  The re­ason is not hard to fi­gu­re out. For most pe­op­le, most of the ti­me, re­ading is first and fo­re­most a form of re­la­xa­ti­on and en­ter­ta­in­ment. It's the li­te­rary equ­iva­lent of ha­ving a be­er af­ter work.

  Our ma­ga­zi­ne is not so much aimed at Per­son A as op­po­sed to Per­son B, it's aimed at both pe­op­le when they're in Min­d­set X. "Re­la­xa­ti­on mo­de," so to spe­ak, whe­re they ma­inly just want to ha­ve fun.

  That's the re­ason I bend the stick very he­avily in the di­rec­ti­on of sto­ri­es that, ho­we­ver dark the con­tent might be at ti­mes, are ba­si­cal­ly po­si­ti­ve, in emo­ti­onal terms. They aren't ne­ces­sa­rily what you'd call "happy sto­ri­es"-some of them can be pretty grim-but they don't le­ave the re­ader fe­eling down in the dumps at the end.

  And it's one of the ma­in re­asons that I re­j­ect most of the sto­ri­es that get past the edi­to­ri­al bo­ard and get sent up to me for a fi­nal de­ci­si­on. The edi­to­ri­al bo­ard do­esn't send me any tur­keys. I've got­ten qu­ite a few sto­ri­es that are per­fectly fi­ne sto­ri­es ot­her­wi­se. But I re­j­ect them be­ca­use the emo­ti­onal im­pact is just wrong. For this ma­ga­zi­ne, at le­ast.

  I sho­uld add that the­re is no pre­sup­po­si­ti­on he­re, on my part, that this kind of story is "bet­ter" than that kind of story. I think that's just silly. Pe­op­le re­ad dif­fe­rent kinds of sto­ri­es at dif­fe­rent ti­mes, for dif­fe­rent re­asons.

  I ha­ve no qu­ar­rel with li­te­rary sto­ri­es, as such. Not at all. I've re­ad most of Fa­ul­k­ner's wri­tings, and his best no­vels mo­re than on­ce. I've re­ad Joy­ce's Ul­y­s­ses three ti­mes, the sa­me for Mel­vil­le's Moby Dick, and I’ve be­en a fan of Dos­to­yevsky’s wri­tings sin­ce I was a te­ena­ger. But the fact re­ma­ins that, on any gi­ven Tu­es­day, I'm far mo­re li­kely to be re­ading so­met­hing by Ro­bert He­in­le­in, or a mystery no­vel by Ro­bert Par­ker, or a wes­tern by Lu­ke Short or Lo­u­is L'Amo­ur, than I am to be re-re­ading An­na Ka­re­ni­na so I can watch the he­ro­ine throw her­self un­der the tra­in aga­in.

  That's not a cri­ti­cism of Tol­s­toy. An­na Ka­re­ni­na is a gre­at no­vel. I just don't want to re­ad so­met­hing with that emo­ti­onal im­pact all that of­ten. Just don't. Most pe­op­le don't, all that of­ten.

  The prob­lem with the sci­en­ce fic­ti­on ma­ga­zi­nes as a who­le, in my opi­ni­on-the­re are so­me ex­cep­ti­ons-is that I think they've drif­ted too far away from that cen­ter of gra­vity. The pre­sup­po­si­ti­on for any kind of chal­len­ging li­te­ra­tu­re is the exis­ten­ce of a hu­ge mar­ket for po­pu­lar fic­ti­on, which is big eno­ugh to al­low mo­re spe­ci­ali­zed forms of li­te­ra­tu­re to car­ve out a big eno­ugh nic­he that they can pros­per fi­nan­ci­al­ly.

  But if you lo­se too much of the po­pu­lar mar­ket, the ro­om for the nic­hes starts va­nis­hing. It just do­es. That's the li­te­ral­ly equ­iva­lent of the well-known phe­no­me­non of ma­j­or cli­ma­tic chan­ges pro­du­cing a wa­ve of ex­tin­c­ti­ons. The spe­ci­es that suf­fer the worst are usu­al­ly the ones with a spe­ci­ali­zed eco­lo­gi­cal nic­he.

  None of my re­marks abo­ve sho­uld be con­s­t­ru­ed as a swi­pe at any of the exis­ting ma­ga­zi­nes. I’m glad tho­se ma­ga­zi­ne are the­re. In fact, I’d li­ke to see them im­p­ro­ve the­ir cir­cu­la­ti­on and I’d li­ke to see new ma­ga­zi­nes co­me in­to exis­ten­ce. And if Jim Ba­en’s UNI­VER­SE can help re­in­vi­go­ra­te the short fic­ti­on mar­ket in fan­tasy and sci­en­ce fic­ti­on, they will. The big­ger and mo­re pros­pe­ro­us the mar­ket gets for short form fic­ti­on, the bet­ter it will be for all FSF ma­ga­zi­nes, and all FSF aut­hors-and our re­aders.

  Salvos Against Big Brother

  A Matter of Principle

  Eric Flint

  I’m go­ing to be wri­ting a re­gu­lar co­lumn on the su­bj­ect of elec­t­ro­nic pub­lis­hing, and the chal­len­ges it po­ses to mo­dern so­ci­ety-as well as the op­por­tu­nity it pro­vi­des. This co­lumn will ta­ke up a num­ber of re­la­ted is­su­es, in­c­lu­ding such mat­ters as the pro­per length of cop­y­right terms, the na­tu­re of Di­gi­tal Rights Ma­na­ge­ment and why we are op­po­sed to it, and the lar­gely mythi­cal na­tu­re of so-cal­led “onli­ne pi­racy.”

  We de­ci­ded to ke­ep this co­lumn se­pa­ra­te from my ge­ne­ral edi­tor’s pre­fa­ce for each is­sue-see “The Edi­tor’s Pa­ge”-be­ca­use we think the is­sue is im­por­tant eno­ugh for a se­pa­ra­te co­lumn of its own. Fur­t­her­mo­re, the­re will usu­al­ly be a num­ber of spe­ci­fic mat­ters re­le­vant to each is­sue of the ma­ga­zi­ne that I will ne­ed to ad­dress in “The Edi­tor’s Pa­ge” that wo­uld simply get in the way of this dis­cus­si­on.

  We’re cal­ling the co­lumn “Sal­vos Aga­inst Big Brot­her” be­ca­use that cap­tu­res the key as­pect of the prob­lem, so far as Jim Ba­en and I are con�
�cer­ned. Both the pub­lis­her of this ma­ga­zi­ne and its edi­tor be­li­eve that so-cal­led Di­gi­tal Rights Ma­na­ge­ment (DRM)-by which we me­an the who­le pa­noply of ever mo­re res­t­ric­ti­ve laws con­cer­ning di­gi­tal me­dia, in­c­lu­ding the Di­gi­tal Mil­len­ni­um Cop­y­right Act (DMCA)-are the fol­lo­wing:

  First, they rep­re­sent a gro­wing en­c­ro­ac­h­ment on the per­so­nal li­ber­ti­es of the Ame­ri­can pub­lic, as well as tho­se of ci­ti­zens in ot­her co­un­t­ri­es in the world;

  Second, they add fur­t­her mo­men­tum to what is al­re­ady a dan­ge­ro­us ten­dency of go­ver­n­ments and the lar­ge, po­wer­ful cor­po­ra­ti­ons which exert un­due in­f­lu­en­ce on them to ar­ro­ga­te to them­sel­ves the right to ma­ke de­ci­si­ons which pro­perly be­long to the pub­lic;

  Third, they tend ine­vi­tably to con­s­t­rict so­ci­al, eco­no­mic, tec­h­ni­cal and sci­en­ti­fic prog­ress;

  And, fo­urth, they rep­re­sent an exer­ci­se in min­d­less stu­pi­dity that wo­uld sha­me any self-res­pec­ting di­no­sa­ur.

  As this co­lumn prog­res­ses, in is­sue af­ter is­sue, I will wind up spen­ding most of my ti­me de­aling with the fo­urth of the­se sta­te­ments. It is my opi­ni­on, and Jim Ba­en’s, that on top of ever­y­t­hing el­se DRM is just pla­in stu­pid-even from the nar­row eco­no­mic stan­d­po­int of most of the pe­op­le who ad­vo­ca­te it. And, sin­ce the is­sue has a di­rect im­pact on the work and li­ves of aut­hors, I will spend a gre­at de­al of ti­me dis­cus­sing the prac­ti­cal re­ali­ti­es of DRM, as well as the va­ri­o­us al­ter­na­ti­ve eco­no­mic stra­te­gi­es that so­me pe­op­le and com­pa­ni­es-Ba­en Bo­oks be­ing fo­re­most among them, in sci­en­ce fic­ti­on and fan­tasy-ha­ve be­en adop­ting in its ste­ad.

  But I don’t want to start the­re, be­ca­use that might gi­ve pe­op­le the wrong im­p­res­si­on. Ne­it­her for me nor for Jim Ba­en is the is­sue of DRM pri­ma­rily an eco­no­mic or prac­ti­cal is­sue. Al­t­ho­ugh Jim and I ha­ve of­ten po­in­ted out, over the past num­ber of ye­ars, the so­und bu­si­ness lo­gic to our ap­pro­ach to elec­t­ro­nic pub­lis­hing, that's en­ti­rely a se­con­dary is­sue for us. The­re's a ba­sic mat­ter of po­li­ti­cal prin­cip­le in­vol­ved he­re, which go­es right to the he­art of what "cop­y­right" is in the first pla­ce.

  In a nut­s­hell: Cop­y­right terms that be­co­me ex­ces­si­vely long-and mo­dern terms are ab­so­lu­tely gro­tes­que in that res­pect-es­pe­ci­al­ly when com­bi­ned with po­li­ci­es that pla­ce too many res­t­ric­ti­ons on fa­ir use, start un­der­mi­ning the who­le pur­po­se of cop­y­right. Which is not to pro­vi­de a li­ving for aut­hors, but to set up a system that ma­xi­mi­zes the be­ne­fits of in­tel­lec­tu­al work for the en­ti­re so­ci­ety.

  Beyond that, DRM is a par­ti­cu­larly dan­ge­ro­us po­li­ti­cal trend, be­ca­use it's ba­sed on a fun­da­men­tal fra­ud. The fact is that very ra­rely do­es "pi­racy" oc­cur by so­me ge­ni­us hac­ker crac­king so­me fi­en­dishly cle­ver elec­t­ro­nic co­de. 99.99% of all bo­oks that are pi­ra­ted ha­ve it do­ne simply by so­me­one ob­ta­ining a pa­per edi­ti­on of the bo­ok and scan­ning it.

  So what's the po­int of DRM in the first pla­ce? It's in­c­re­dibly bur­den­so­me to le­gi­ti­ma­te cus­to­mers and do­es ab­so­lu­tely not­hing to stop "pi­racy" an­y­way. The in­si­di­o­us dan­ger, of co­ur­se, is that as ti­me go­es by the pro-DRM for­ces will ke­ep de­man­ding mo­re and mo­re res­t­ric­ti­ons on the pub­lic's ac­cess to bo­oks of any kind. Along with re­gu­la­ti­ons con­cer­ning the use of com­pu­ters, scan­ners, key­bo­ards, you na­me it. Be­ca­use that's re­al­ly the only ef­fec­ti­ve way to stop "pi­racy" and en­for­ce so-cal­led “di­gi­tal rights ma­na­ge­ment.”

  Jim Ba­en and I do not want bo­oks with lit­tle chips in them that the aut­ho­ri­ti­es can track. We do not want com­pu­ters or com­pu­ter equ­ip­ment to ha­ve to be re­gis­te­red. We do not want le­gal spywa­re pla­ced in all com­pu­ters and scan­ners so that the aut­ho­ri­ti­es can ma­ke su­re they are be­ing used "le­gi­ti­ma­tely"-with pe­nal­ti­es at­tac­hed if an­yo­ne at­tempts to re­mo­ve the spywa­re.

  If this re­al­ly dif­fi­cult to com­p­re­hend?

  DRM is mad­ness, po­li­ti­cal­ly spe­aking, and that's why Jim and I are flat aga­inst it. Pe­ri­od. You start with prin­cip­les, and then fi­gu­re out a way to ma­ke mo­ney. Not the ot­her way aro­und.

  In this par­ti­cu­lar ca­se, it's a pi­ece of ca­ke an­y­way-as I will de­mon­s­t­ra­te in co­lumn af­ter co­lumn-so the­re's NO ex­cu­se. It is per­fectly pos­sib­le to fi­gu­re out ways that aut­hors and pub­lis­hers can ma­ke mo­ney pro­du­cing elec­t­ro­nic texts that are not sad­dled with DRM-as we are do­ing with this very ma­ga­zi­ne, in fact.

  The only re­ason DRM exists at all is be­ca­use too many po­wer­ful cor­po­ra­ti­ons with too much in­f­lu­en­ce in go­ver­n­ment didn’t want to ha­ve to get off the­ir lazy butts and fi­gu­re out how to pro­vi­de the­ir cus­to­mers with what the­ir cus­to­mers wan­ted. In­s­te­ad, they used the­ir in­f­lu­en­ce to get the­ir po­li­ti­cal sto­oges to pass laws which at­tempt to for­ce the­ir cus­to­mers to ac­cept wha­te­ver crumbs the new cor­po­ra­te no­bi­lity cho­oses to drop from the­ir tab­les on­to the serfs be­low.

  ****

  Okay. That sa­id, let me be­gin with a bri­ef dis­cus­si­on of what cop­y­right is in the first pla­ce. That’s as much as I can co­ver in this first co­lumn.

  I want to be­gin the­re, with that most ba­sic qu­es­ti­on, be­ca­use I’ve fo­und that many pe­op­le-in­c­lu­ding an as­to­nis­hingly high per­cen­ta­ge of aut­hors-ha­ve the most pre­pos­te­ro­us mis­con­cep­ti­ons abo­ut it.

  The first and most im­por­tant mis­con­cep­ti­on is the no­ti­on that cop­y­right is a “right” to be­gin with. It is not. It ne­ver has be­en-and you can check the en­ti­re his­tory of cop­y­right le­gis­la­ti­on in the An­g­lo-Sa­xon le­gal tra­di­ti­on, go­ing back se­ve­ral cen­tu­ri­es, and you will not find a shred of sup­port for that silly no­ti­on.

  Copyright is a pri­vi­le­ge, not a right. It is, in fact, an evil and ini­qu­ito­us pri­vi­le­ge-as has be­en re­cog­ni­zed as such from the be­gin­ning. “Evil and ini­qu­ito­us” in the sa­me sen­se that any go­ver­n­ment-en­for­ced com­mer­ci­al mo­no­poly ine­vi­tably has ne­ga­ti­ve con­se­qu­en­ces. The only re­ason it exists is be­ca­use so­ci­ety de­ci­ded, se­ve­ral cen­tu­ri­es ago, that as evil as it was, it was a ne­ces­sary evil-be­ca­use the al­ter­na­ti­ves all se­emed to be wor­se.

  Here is how Ma­ca­ulay put it, in his gre­at spe­ec­hes on the su­bj­ect of cop­y­right be­fo­re the Bri­tish Par­li­ament in 1841:

  Copyright is mo­no­poly, and pro­du­ces all the ef­fects which the ge­ne­ral vo­ice of man­kind at­tri­bu­tes to mo­no­poly… I be­li­eve, Sir, that I may with sa­fety ta­ke it for gran­ted that the ef­fect of mo­no­poly ge­ne­ral­ly is to ma­ke ar­tic­les scar­ce, to ma­ke them de­ar, and to ma­ke them bad. And I may with equ­al sa­fety chal­len­ge my ho­no­urab­le fri­end to find out any dis­tin­c­ti­on bet­we­en cop­y­right and ot­her pri­vi­le­ges of the sa­me kind; any re­ason why a mo­no­poly of bo­oks sho­uld pro­du­ce an ef­fect di­rectly the re­ver­se of that which was pro­du­ced by the East In­dia Com­pany's mo­no­poly of tea, or by Lord Es­sex's mo­no­poly of swe­et wi­nes. Thus, then, stands the ca­se. It is go­od that aut­hors sho­uld be re­mu­ne­ra­ted; and the le­ast ex­cep­ti­onab­le way of re­mu­ne­ra­ting them is by a mo­no­poly. Yet mo­no­poly is an evil. For the sa­ke of the go­od we must sub­mit to the evil; but the evil ought not to last a day lon­ger than is ne­ces­sary for the pur­po­
se of se­cu­ring the go­od.

  Macaulay’s po­si­ti­on in the pi­vo­tal de­ba­tes on cop­y­right in the Bri­tish Par­li­ament car­ri­ed the day, at the ti­me. A si­mi­lar po­si­ti­on was adop­ted by the fo­un­ders of our own Ame­ri­can re­pub­lic. Un­for­tu­na­tely, in the two cen­tu­ri­es that fol­lo­wed, we ha­ve slid back to the po­si­ti­on ad­vo­ca­ted by his op­po­nents. I say “slid back,” be­ca­use at no po­int along the way was this ret­rog­res­si­on do­ne ho­nestly, in full and open de­ba­te be­fo­re the pub­lic. It has be­en a slow and ste­ady ero­si­on, which has now re­ac­hed the ab­sur­dity of cop­y­right terms that last an­y­w­he­re up to ten ti­mes lon­ger than cop­y­right es­tab­lis­hed at the be­gin­ning of the Ame­ri­can re­pub­lic-and, now, ac­com­pa­ni­ed by the most dra­co­ni­an and of­ten ab­surd at­tempts to en­for­ce tho­se mo­no­po­lis­tic pri­vi­le­ges.

  All of this, of co­ur­se, was do­ne in the na­me of “pro­tec­ting the in­tel­lec­tu­al cre­ator.”

  Hogwash. What is in­vol­ved he­re has not­hing to do with pro­tec­ting the le­gi­ti­ma­te in­te­rests of aut­hors li­ke me and ot­her cre­ati­ve ar­tists and in­tel­lec­tu­al wor­kers. For that, the old and re­aso­nab­le cop­y­right laws we­re mo­re than suf­fi­ci­ent.

  I am an aut­hor myself, and qu­ite a suc­ces­sful one. Even my in­co­me as an edi­tor-which is no mo­re than 20% of my to­tal in­co­me, the rest co­ming from my work as an aut­hor-is di­rectly ti­ed to sa­les and ro­yal­ti­es. I do not re­ce­ive a sa­lary for my work on this ma­ga­zi­ne. I work on com­mis­si­on. I do not re­ce­ive a sa­lary for my work as the edi­tor of so­me twenty vo­lu­mes of re­is­su­es of the wri­tings of ot­her aut­hors. I get pa­id out of a small per­cen­ta­ge of ro­yal­ti­es.

 

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