In Sputnik’s Orbit

A few thoughts to tide you over…

 

Knowing is Half the Battle

Back in the day, there was a G.I. Joe cartoon that always ended with a little lesson and the words, “Now you know, and knowing’s half the battle.” I’m here to tell you, that’s correct.

Lesson One:

This weekend, I spent 7 full hours debugging and resolving am electrical problem that had a high likelihood of causing a shock or even a fire. When we bought the house, we had hired a trusted inspector — not a home warrantee inspector, but a real, certified home systems inspector. One of the things he had noted was that some of the outlets had an open ground. That the third ground pin designed to carry short circuit current safely back to the load center (or circuit breaker box) didn’t have a path to do so.

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What the Heck is Up With These Guys?

Analog’s official Facebook account has posted the following rather bizarre statement:

May be an image of text

This is frankly astonishing. MRM is treating a routine publishing-rights matter as though it has discovered an unprecedented legal obstacle. It hasn’t. Magazine publishers, book publishers, illustrators, and licensing attorneys have been negotiating precisely these distinctions for generations.

The statement also seems to conflate several quite different things. Nevertheless, I’ve sold a lot of stories to Analog and have a deep an abiding love for the magazine and affection for its editorial staff, so I will restrict my remarks to the legal points in this statement as I understand them:

 

1. Work for hire is not the only way to commission an illustration

A publisher can commission artwork under a conventional contract that specifies which rights are being transferred or licensed, for what purposes, and for how long.

An illustrator might retain copyright while granting the publisher an exclusive license to reproduce the illustration on a particular cover, in advertising, and in subsequent editions.

Alternatively, the publisher might acquire copyright outright through a written assignment, subject to whatever limitations are necessary to protect the author’s underlying work.

None of this requires reinventing publishing contracts.

2. Derivative works have been around a very long time

Their central argument appears to be that an illustrator who retains copyright in an adaptation of a story somehow acquires rights that interfere with the original author’s intellectual property.

But copyright in a derivative work extends only to the original material contributed by its creator. It does not confer ownership of the underlying work.

For example, an illustrator might own copyright in a painting of a spaceship described in a story without acquiring the right to write sequels about that spaceship or authorize unrelated adaptations of the story.

There can certainly be complications involving recognizable characters, settings, and other protected elements. But those are precisely the complications that contracts and derivative-work licenses are intended to resolve.

3. The actual problem may be the limited rights MRM has acquired

This is the one part of their statement that deserves closer attention:

The rights granted to MRM by authors are limited, and therefore we can’t protect the intellectual property and rights of the original author of the story.

That might reveal a genuine contractual problem–one easily solved by clarifying the contract. If MRM has acquired only first-publication rights to a story, without sufficient authorization to commission and exploit derivative illustrations, it simply needs to revise its author agreements or obtain additional permission. But that is a problem of what rights the publisher has negotiated, not an inherent incompatibility between author copyright and illustrator copyright and the obvious remedy would seem to be negotiating appropriate rights, not suspending story-specific cover commissions indefinitely.

4. The moral-rights discussion is particularly peculiar

In American copyright law, moral rights are relatively narrow, particularly for commercial illustrations. The Visual Artists Rights Act protects certain works of visual art, but its application to illustrations created for magazines is limited by statutory exclusions. Moreover, moral rights and economic copyright are different legal concepts. Eliminating a waiver of moral rights does not, by itself, determine who owns copyright or whether an illustration can be licensed.

The statement presents this as another major contractual innovation, although moral-rights provisions have long been familiar territory in international publishing.

5. There is one legitimate distinction worth preserving

A commissioned cover based on an author’s story is legally more complicated than a generic painting of a spaceship that happens to be used on a science-fiction magazine. The former may constitute a derivative work; the latter generally doesn’t.

MRM is right to recognize that distinction, and protecting illustrators from unnecessarily broad work-for-hire arrangements is a reasonable objective, but the existence of a legal distinction does not make it an unsolved legal problem.

Analog and every other science fiction magazine, has been using illustrations reflecting the fiction inside for as long as there have been science fiction magazines. This is not new.

 

The Last Time Measles Killed

As a young man, I was one of 55,000 Americans to catch measles. I had a fever so high, my family was told to feed me overlapping doses of NSAIDS and bathe me in ice if it didn’t come down. For a week, I felt like me head was going to explode, like death would have been a relief — but 123 others did die and 29 developed encephalitis, likely leading to life-long disability. I caught it because the single dose vaccine I had received as a child had not conferred adequate immunity to protect me when unvaccinated children in Los Angeles started an outbreak that jumped in a few hours to Shrevepoint Louisiana in the blood of a student returning from vacation to my mother’s school — in which I visited, walking through the library after hours.

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How Guacamole Slashed my Heart Attack Risk

A year ago, after decades of incremental dietary improvements, after loosing a quarter of my body weight bicycling during and after COVID, after returning to the office with a new commitment to healthy living — my cholesterol was worse than ever, with a total cholesterol of 247 and LDL at 143, I was at high risk for atherosclerosis, heart attack, dementia, and early death–even if my doctor put me on statins. And as I’ve blogged after this before, I was pissed.

I had never exactly been a health nut, but as the years and the pounds piled on, I’d incrementally made dietary changes in the direction I thought was healthy–only to see the reverse. Now, with the advent of AI, with essentially the sum total of human knowledge at my fingertips, with access to cheap blood testing to prove the point, I decided to see what lifestyle changes could accomplish when done right according not to some guru or influencer, but the sum total of the evidence.

I’ve blogged before about how I asked ChatGpt to review my diet and make recommendations, how I steered it to practical solutions, how I asked it for “what if projections” that helped me redesign my diet.

 

It didn’t take anything exotic. I didn’t go keto. I didn’t move into the gym. I didn’t swear eternal vengeance against carbohydrates. I simply started making a series of practical, sustainable substitutions and paying attention to patterns.

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How AI Saved my Life*

*Or at least extended it, barring accidents.

It’s become popular to hate AI—and understandably so. Our social media feeds are filled with “AI slop,” our mailboxes with AI-generated spam. Datacenters are consuming potable water and driving up the cost of computing in a mad capitalist rush toward what may be a looming economic correction—all built on our collective creative works, without permission, remuneration, or ethical standards.

Yep. All valid. But complaining won’t change the world we live in, and in the meantime—at least until the bubble bursts—AI offers an intellectual power tool of historic importance. Refusing to use it won’t stop its rise; it will only widen the gap between those in power and the little guys, you and me.

I posted previously about how I used AI to finally return my blood serum lipid profile to normal after over 20 years of fruitless trying. Since then, I’ve had several requests for more detail—about the journey itself, and about how, specifically, I used AI to get there.

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Today, My Building Caught Fire

A day ago, a fire drill led me to post the following:

No matter what your building says, the data says most fire fatalities occur because of delay, not evacuation route.

Those who move early, by whatever path is still working, survive.

I was annoyed because my building has instituted an interlock that disables the elevators once the fire alarm goes off. I understand why, but the reason has more to do with managing herd behavior and liability than wisdom–and from the perspective of a smart, fit person who wants to survive, it’s simply the wrong thing to do. Disabling the elevator is a change made after the 911 attacks, and reports that some people in the Twin Towers died when the elevators they were riding in stopped on or became disabled on burning or smoke filled floors. That’s  horrific, but the fact is, we do not know how many people that actually happened to, but we DO know that hundreds, probably thousands, escaped in working elevators while systems were still functioning. And that many who died were trapped in the building because of disabilities that made flight down the stairs infeasible. The sum of global experience tells us this is the rule. Typically, in any kind of high rise disaster but especially fire, those who get out quickest are most likely to survive, while those who wait like they are told are–should the worst happened–likely to be trapped and doomed.

I also posted this:

In 1988, 165 of 226 men aboard the Piper Alpha platform died waiting in quarters or at muster stations for help or orders that never came since communications were down.

All survivors ignored procedure and escaped however they could.

Be a survivor.

The lesson is clear. When the fire alarm goes off, get out of the building immediately by the quickest, surest, route–and in many cases that’s going to be the elevator, which is why modern building codes now require hardened, fire-resistant, pressurized shafts and lift cars with independent power. I don’t work in such a building.

And as it happens, my building just caught fire. I’m literally writing this in a Starbucks across the street, which I reached through tunnels after getting my ass out of the building. Here’s how it went down and what we all can learn from it:

  • I had just arrived, logged in, put my phone on the charger, and walked to the break room for coffee when the lights started flashing. I was leaning around the coffee maker to reach the spigot and though the overheads lights were bad. A few seconds later, as I was moving to get the creamer, the alarm sounded.
  • I immediately stopped what I was doing, walked back across the floor to my desk, logged out, and grabbed my bag–the little bag in which I carry this laptop. This was a mistake.
  • By the time I returned to the central hallway where the elevators and stairs are, dozens of people were already crowding in–as per official procedire. I walked past directors, managers, and peers without a word and slipped into the nearest stairwell. This was likely another drill or someone’s burnt popcorn, but in case it wasn’t, I didn’t want to waste time on discussion, chit-chat or challenge with twenty floors below me. This was smart.
  • It turns out, this was a real fire (as I write this line, fire trucks are pulling up) and a department was already evacuating into the stairwell two flights down. The stairs in our building are narrow, so I joined the ranks and climbed down with them, trying only to keep up and help everyone stay safe. We climbed down several floors, then they all exited onto another floor. I’m not going to say that was a mistake, but…
  • I kept going. As it happens, I had climbed down the full 17 floors (about 21-22 floors in height) during the fire drill, so I knew I could do it safely and quickly, that I would not become trapped behind any locked doors, and on the other hand, that I definitely would become trapped if the building authorities called for a more general evacuation into the undersized stairs ahead.
  • I continued down at a rapid but safe pace, exited into the basement, stopped in the restroom, walked through the largely empty tunnels, and emerged here, where I walked over to see the general evacuation I had fear just starting with a trickle of employees out onto the sidewalks.

I’m sure everything will be fine for all those who followed procedure, but I stand by my actions. The only things I did wrong were A) leaving my phone at my desk and walking away, and B) going back for this computer. I should have set my coffee down where I stood and headed for the elevator. Had I got in it, it would have carried me down even if disabled by the alarm. Had it been locked out before I reached it, I could have been in the stairwell ahead of anyone else. Don’t get me wrong. I would stop and help others if I was needed–say in a plane crash or if trapped together. But I knew people who died in the 911 attacks. I know people who survived. They’ll tell you the same thing I’m telling you here: job one is not to become trapped in the first place.

Everything’s fine. I’m headed back to work. Stay safe.

Metaphor in Al Stewart’s The Year of the Cat

When I started gaining traction as a writer, I found myself stumped by interview questions about my literary influences. It’s easy to list off obvious authors who, due to fame, spring readily to mind and consequently influenced everyone about equally. It’s much harder to say something meaningful about the more obscure influences who made me who I am–personally–and then faded into the shadows of time. Recently on a lark, I asked my car to play Al Stewart’s “The Year of the Cat,” and was reminded that this was one of those obscure inspirations that moved me as a kid, long before any literary aspiration had taken hold.

The reason, I decided, is the peculiarly vivid, yet descriptively ambiguous metaphor with which he filled the song. From the pianissimo opening to the bass thumping conclusion, Stewart’s “The Year of the Cat” weaves a tapestry of dreamlike imagery and poetic metaphor that conjures emotion more than literal meaning. The song is rich in explicitly stated metaphors that sound vivid and cinematic, yet resist straightforward interpretation.

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A Stunning Result for AI Health Advice

I’m not usually one to share my personal health stories in social media, but this is so significant, I feel almost a duty to do so.

What if I told you that in three months’ time, I doubled my odds of remaining healthy into my 90s–without medication, magic, or hardly any effort?

Would that be worth something to ya? Read on.

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First, Kill all the Lawyers

These days, I’m seeing a tsunani of social media posts about how the Trump administration is deporting illegals without due process. No it’s not! Yes it is! Stop it! You started it! No you did!

STOP!

Look, I don’t have a dog in this race. On the one hand, I have absolutely nothing against immigrants. I’m in a cheap, well-build house and enjoy cheap, healthy food largely thanks to illegal immigrants, and I admire the moxy of those who come here illegally to strive for a better life. I also know the main reason they do is that businesses are eager to hire them for their cheap labor, and that it’s more than a little disingenuous to come down like a load of bricks on immigrants while letting their employers off scott free.

I also know that illegal immigrants, contrary to Trump conservative rhetoric, pay into our public coffers vastly more than they take, and are about 5 times less likely to commit crimes than citizens. But I also know that immigration law is messed up, and has been for a long time, and is currently imposing a real and undue burden on certain communities. Fair enough.

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The Real Bermuda Triangle

The term “Bermuda Triangle” was first coined by writer Vincent Gaddis in a 1964 article for Argosy magazine, a pulp magazine dedicated to sensational tales of mystery, crime, and ghost fiction. Giddis described a triangular region in the North Atlantic Ocean bounded by Florida, Bermuda, and Puerto Rico, notorious for unexplained disappearances of ships and aircraft and wove a predictably sensational tale of woo sufficient to captivate the readership. The idea took hold, filtering (like spontaneous human combustion and numerous other silly ideas of the time) through subordinate pulps and books and infiltrated the broader culture.

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