Digital Lending Library in Trouble with Publishers

The Internet Archive may have lost its struggle with publishing companies over the “Fair Use” legality of its Open Library service. It argues that by purchasing print copies of books, it could legally digitize them and lend them on a one-to-one basis to readers around the world just like a regular library.

This week, the Second Circuit Court of Appeals affirmed a lower court ruling against The Internet Archive, saying its practice of controlled digital lending does not fall under an application of the Fair Use of copyrighted materials, according to Publishers Weekly.

“We conclude that IA’s use of the Works is not transformative,” the decision states. “Instead, IA’s digital books serve the same exact purpose as the originals: making authors’ works available to read.” The practice effectively substitutes the original work, which specifically runs contrary to the intent of Fair Use.

I can’t judge whether this is an appropriate application of the law, but it doesn’t look wrong from what I’ve read. The Internet has gotten out of hand in various ways. Maybe Open Library’s concept doesn’t work, but a tweaked version of it would.

In other news of publisher lawsuits, six of the big publishers along with the Author’s Guild are challenging Florida’s new law that requires schools to remove books with inappropriate sexual content. The suit specifically claims the term “pornographic” is undefined and takes no consideration of a book’s context.

Janie B. Cheaney gives a broad view of this and similar efforts to, as the Florida bill put it, “discontinue the use of any material the [district school] board does not allow a parent to read out loud.”

Scopes Monkey Trial: Historian Thomas Kidd reviews a new book on the Scopes Trial and doesn’t recommend it. “Author Brenda Wineapple calls America a ‘secular country founded on the freedom to worship.’ But various Christian demagogues in American history have tried to force people to worship God in a narrow-minded way, she warns.”

Reading: Brad East in “The Reading Lives of Pastors”— “It is a difficult lesson to accept, but learning and goodness are not synonymous or coterminous. . . . Ordinary experience is a trustworthy teacher: Are the holiest people you know the smartest, the best educated, the most widely read?”

Ye Old Shoppe: Here’s a little bit on old business cards and store signage.

(Illustration by Microsoft Bing’s Image Creator)

‘Hark!’ by Ed McBain

It had been many years since I’d read a novel by the late Ed McBain (who was actually Evan Hunter, which name was itself at first a pseudonym for Salvatore Lombino, who legally changed it to Hunter). I was a fan of McBain’s 87th Precinct novels for a long time, but Eight Black Horses offended me. It had to do with a rapist who was targeting pro-life women, and at one point the author had a policewoman musing that she thought both sides were wrong. I thought it was awfully generous of McBain to concede that pro-lifers were no worse than rapists, and stopped reading the series.

But Hark!, an 2004 87th Precinct book, came up on a deal recently, and I figured, after all we’ve been through since, Eight Black Horses was actually pretty mild stuff. I figured I’d give it another chance.

Verdict: Hark! wasn’t bad, but I don’t like McBain’s writing as much as I used to.

The 87th Precinct books are set in a city called Isola, which is obviously New York City under an assumed name. The central character has always been Detective Steve Carella, but a regular cast of other detectives supports him. A recurring character in many of the books has been a criminal called “the Deaf Man.” The Deaf Man is a genius, and bears a grudge against the 87th. So he periodically reappears sending them mocking messages that provide cryptic clues to whatever major score he’s planning on their doorstep in order to prove how dumb they are.

This time he’s sending them hand-delivered notes containing quotations, mostly from Shakespeare. Much of the book consists of the detectives brainstorming what the messages might mean. There seem to be recurring themes of word reversals, palindromes, and anagrams. Also hints about books. But there really isn’t enough information to guess, which is just the Deaf Man’s game.

Several subplots involve man-woman relationships. Steve Carella is planning a double wedding – remarriages for his widowed mother and his sister. Detective Burt Kling is dating a black doctor, and feeling the social pressure. Detective Cotton Hawes is dating a television reporter and wondering whether she cares more for him than for her career. Another detective is dating the only woman on the squad. Even the Deaf Man is living with a prostitute who’s helping him with his scheme but may be smarter than he assumes.

But the best part of the book, for me, was a small subplot involving a detective from another precinct named Fat Ollie Weeks. Fat Ollie is a perfect comic relief character – he’s fat (of course), and he’s not too bright. His ideas of police procedure are Neanderthal, and he’s a bigot and a sexist. But recently he started dating a Hispanic woman cop, and he’s finding better impulses blossoming within him, to his own surprise and discomfort. Also, he’s working on writing a novel which is apparently pretty good.

Hark! was an okay novel, but I found it a little slow, and all the police brainstorming got a bit wearying (though there were amusing moments of cop ignorance about Shakespeare). I was reminded how society has changed during a scene where a superior is apologetic for asking the woman detective for “a woman’s point of view.” Back then that kind of talk was considered sexist — today the woman’s point of view is considered the only acceptable point of view.

Also, I rebel against the whole idea of the Deaf Man. At the beginning, Ed McBain’s books were praised for their authentic descriptions of police procedure. But the Deaf Man is pure Hollywood. Real criminals don’t act like that, or so I’ve been informed.

Still, Hark! wasn’t bad, in its way.

Correcting Bad History is a Perpetual Task

This week, Tucker Carlson once again gave us a sophomoric take on world events by producing an over two hour interview with a podcaster and historian who appears to emphasize minor views. He introduces the video this way: “Darryl Cooper may be the best and most honest popular historian in the United States. His latest project is the most forbidden of all: trying to understand World War Two.”

I listened to portions of it. The two men pressed the point that you can’t ask certain questions about this part of history, can’t try to understand the Nazi’s point of view. Cooper says he thinks Churchill is the main villain of WWII, because Hitler’s goals were limited but he was pressed by Churchill’s lust for personal glory. He also painted the killing of Jews and other prisoners of war as a logistical problem. “We can’t keep feeding these people; wouldn’t it be more humane to kill them quickly?” he says, citing a German commander who suggested this.

Victor Davis Hanson calls him out. Hitler believed he would wipe out the Soviet Union and accomplish a few goals in the process.

True, some of the invading Wehrmacht officers may have been disturbed at the sheer mass of captives and Germans’ inability to offer even the bare essentials of humane treatment. But they quickly learned from Berlin’s doubling down on earlier eliminationist directives that they were not to worry about the millions of doomed Russian prisoners or the murders of Jews, given their deaths were consistent with prior Führer directives for the future resettling of western Russia. 

At Nuremberg and after the war, many veteran generals of the Eastern Front claimed they privately opposed Hitler’s orders of total war that entailed liquidation of communists and Jews and assumed the mass death of Russian POWs. But very few could prove that they had not received such orders or had bravely opposed their implementation.

Climbing mountains and a broken Hallelujah

Speaking as an old man who has climbed a number of metaphorical mountains of the literary sort (and zero ones of the real sort), I know how to begin a massive writing – or translation – project. At least I know what works for me. The trick, in my experience, is not to look at the mountain.

If you think about the size of the mountain as you begin, you’ll soon grow disheartened.

You have to concentrate on today’s work. What will I do today? How much can I accomplish just today?

If you write merely one page every day, you can produce a 365 page book in a year. (It takes me considerably longer, though, when you include revisions. But you get the point. One step at a time.)

“Sufficient unto the day is the evil thereof,” as the Lord says in the Sermon on the Mount. (Matthew 6:34)

Anyway, I’ve ordered some orthopedic aids to help me sit for long periods at my laptop, and I’m on the case.

The video above troubles me.

Not because of the artist herself – Lucy Thomas, who apparently won some talent program and obviously has an astonishing voice. I like her singing very much.

And not the song in itself, in particular. Leonard Cohen was in some ways the archetypal Israelite, forever wrestling with God. And this song expresses his troubled world-view in transcendent fashion.

My problem is that somebody – as you can see from the captions – is promoting it as a worship song.

Dearly beloved, “Hallelujah” is not a worship song! (I’ve written some drivel about it before in this blog myself.) It’s a song about sex, couched in near-blasphemous biblical imagery. It’s a brilliant piece of work but it doesn’t belong in your church.

It’s disrespectful both to God (who is not being properly revered) and to the artist – whose work is being twisted in a direction he never intended.

I understand the Christian impulse to turn all things to God’s glory.

But art deserves respect for its own sake. Not to be hijacked, even by well-meaning worship leaders.

At least give it time for the copyright to run out.

Call me ‘Lars the Disappointing’

An awful image of Erik the Red, from the 1688 book, Gronlandia, by Arngrimur Jonsson. Good, free pictures of Erik are hard to find.

I’m not sure whether this is good news or bad news, but my productivity on this blog is likely to be reduced a little for the next five months. I’ve snagged a new translation job, one that promises to be a bit of a challenge.

I can’t tell you what the job is at this point, because it’s a private thing for a scholarly project, and nobody has given me permission to talk about it. If I find out differently, I’ll let you know.

But I will say I’m translating a very long biography from Norwegian to English. I’m not actually certain I can meet the hoped-for deadline. But I’m gonna try my best. That means less time reading for pleasure, and fewer reviews on this blog, I fear.

What I’ll post instead of reviews I have no idea.

But tonight I’m going to post about Viking names.

As you may have noticed if you’ve read about the subject, Vikings used what’s called the “patronymic” in naming. A patronymic is not a family name in the sense we undertand them, but simply an indicator. Thorvald’s son Erik is called Erik Thorvaldsson. Erik’s son Leif does not inherit the surname Thorvaldsson, but is rather called Leif Eriksson (you may have heard of him). The surname is just a pointer – I’m talking about this Leif here, not that other Leif over there.

But the Vikings also liked to add nicknames. This brought the identification to what we information professionals like to call “a further level of granularity.” Which means it involves more detail; it’s more specific. Erik Thorvaldsson was known as Erik the Red, which was likely to single him out even better than the patronymic did.

But an interesting thing sometimes happens with these nicknames (though not in Erik’s case). Sometimes they replaced, in practice, the person’s original name. Take for instance Thorleif Skjalg, the father of Erling Skjalgsson, hero of my Viking novels. (Skjalg probably means “squint-eyed.” I like to think of Charles Bronson.) Thorleif Skjalg was so identified with his nickname that his son ended up being known as Erling Skjalgsson rather than as Erling Thorleifsson. And Erling went ahead and named one of his own sons Skjalg. So the nickname became a proper name.

Another example is Snorri Goði, a historical personage who appeared as a character in my novel West Oversea. (Goði is Icelandic for Priest or Chieftain.) His original name, according to the sagas (he appears in several), was Thorgrim. But even as a child he proved so difficult to handle that he got the nickname Snorri, which means (I believe) tangled or complex (related, I further believe, to our English words snare and snarl). And the name Snorri went on to become a fairly common Norse name. (The first European child born in America, according to the sagas, was named Snorri Thorfinsson.)

Aren’t you glad I shared this?

Star Wars: Heir to the Empire by Timothy Zahn

I’ve never been inclined to pick up books based on movie franchises. The movies have been enough for me, but the Disney Star Wars list of sorry productions provoked me to seek out Star Wars novels. I learned Timothy Zahn’s trilogy was the best set, so I picked up Heir to the Empire, published in 1992.

“Now, for the first time: the authorized continuation of the legendary Star Wars saga . . .” The story picks up five years after Return of the Jedi, with the Rebel

forces trying to put together a new republic. Princess Leia is the leading figure in every diplomatic endeavor, which is increasingly difficult for the soon-to-be-mother of two. Her husband, Han Solo, is also working too much to make the new government as functional as it needs to be. Luke Skywalker has the smallest role of the three, that of friend, security guard, and last living Jedi. What can he do to train Leia and the children when the time comes?

What they don’t know is that an Imperial Grand Admiral has survived. They know the Empire still has loyalist planets, stormtroopers, Star Destroyers and other ships, but they don’t know that a gifted military strategist is rebuilding a fleet. Raids on Republic outposts look like mere harassment, but Grand Admiral Thrawn is working a long-term plan to bring every Republic planet to its knees, if not its grave.

Two things stand out about this novel. First, the characters sound like their movie representation. Some of that is probably fan-service, callbacks to movie dialogue, but it’s thrilling to read good characters in a good story. Second, it’s a solid story—coincidences or contrivances. Everyone has proper motivations, making reasonable decisions, and conflicting with each other naturally. At one point, the heroes get caught up in an Imperial raid, and they naturally conclude they’re being followed, but they aren’t. The bad guys were there for other reasons. No one acts like an idiot. No motivations shift inexplicably. And Luke comes through like a hero.

I’ll let you know how the next one goes when I get to it.

‘One Fearful Yellow Eye,’ by John D. MacDonald

On this kind of a Monday I know I’m going to get killed in this line of work. It should interest the statisticians. As I am the only fellow in my line of work, it would give it a rating of 100% mortality. Just as, until we lost an astronaut, travel in orbit was the safest travel man ever devised with 0% mortality for millions upon millions of passenger miles. Safer than wheelchairs.

It’s always cause for celebration for this reader when another Travis McGee novel by John D. MacDonald shows up on bargain sale. This time it was One Fearful Yellow Eye, notable (in this reader’s opinion) for the quality of its prose.

Years ago, our hero Travis McGee, lanky and languid Florida “salvage specialist,” found a young woman named Glory contemplating suicide on a beach. She’d had an astonishing run of bad luck and tragedy. He took her home, fed her and reassured her and took her to his bed, and eventually she went on with her life. She met an older man, Dr. Fortner Geiss, a prominent Chicago physician, who admitted to her he was dying, but they gave each other a couple good years, in spite of his adult children’s hostility. Now he’s dead, and she’s discovered that his considerable wealth has disappeared. In his last months, he’d converted everything to cash, which is nowhere to be found. The inevitable – but counterintuitive in such a good man – conclusion is that he’d been blackmailed.

So Glory calls on McGee. His deal is to look for things people have had stolen from them, and if he finds it he keeps half. That’s okay with her.

McGee flies to Chicago and agrees to look into the problem. He’s a little out of his element in a Chicago winter, and Dr. Geiss’s son and daughter are no warmer – especially his daughter Heidi, a gorgeous ice queen. It’s not a big surprise when Heidi becomes McGee’s special rehabilitation project.

One Fearful Yellow Eye is not, in my opinion, one of the best McGee novels in terms of plot. I thought the ending strayed a little close to deus ex machina.

But in terms of prose, I’d rate it one of MacDonald’s best. He was soaring as a stylist in those days. Although I’d entirely forgotten the plot here, I found more lines and passages than usual that had stuck in my mind from previous readings:

“Then, bless you, I fed him that speech you made a lifetime ago on Sanibel Island. If there was one sunset every twenty years, how would people react to them? If there were ten seashells in all the world, what would they be worth? If people could make love just once a year, how carefully would they pick their mates?”

The day was like a dirty galvanized bucket clapped down over the city….

I found a parking slot around the corner from Heidi’s place, and as I was going to enter the downstairs foyer, I turned on impulse and looked upward and picked out a big fat drifting flake, stuck my tongue out, and maneuvered under it. Consumer report: The snow is still pretty good. Cold as ever. Melts as fast. And you can’t hardly taste the additives.

Anyway, I got a kick out of One Fearful Yellow Eye. Cautions for sexual situations and violence.

‘Dancing In the Dark,’ by Stuart M. Kaminsky

Another Toby Peters novel by Stuart M. Kaminsky. Light, seriocomic entertainment. Can’t go wrong with these. In fact, I think I found Dancing In the Dark a little funnier than most of the others.

Hard-luck Hollywood PI Toby Peters has been having a run of unaccustomed good fortune. He actually has a little money in the bank for a change, and his creditors aren’t hounding him. Then he gets hired by Fred Astaire. Astaire’s job poses certain challenges. A woman named Lyla, mistress to gangster “Fingers” Intaglio (who got his nickname because he likes to cut people’s fingers off) demanded he get her dancing lessons from Astaire. Once Astaire agreed, she started pressuring him to go to bed with her, or else she’d denounce him to her knife-happy boyfriend. Toby’s on the case, even if it involves learning to dance – a pastime for which he has zero talent.

Before he knows it, Layla has been murdered, and she’s only the first of a string of victims. Backed up by his cowardly dentist friend and his gigantic ex-wrestler/poet office landlord, Toby does his best to avoid gangsters, solve the murders, and keep Astaire out of the newspapers. Meanwhile, he finds himself in a new relationship with a woman who got away many years ago.

The sexual mores here are not ones I approve of (but what else is new?). And Toby makes a decision to let one suspect off that puzzles me.

On the other hand, at one point he finds himself dancing with Betty Grable and Rita Hayworth. That seems to me to qualify as a good day even if somebody’s shooting at you.

Bottom line – Dancing In the Dark is a fun book, and one of my favorites in a fun series.

Sunday Singing: All Glory, Laud, and Honor

I took a break from our Sunday Singing posts, partly because I went on vacation and decided not to work out Sunday posts for a few weeks, then because my work week or weekend was busy. I start back today and hope these posts will lift our heads to the Lord.

Today’s hymn, “All Glory, Laud, and Honor,” comes from the influential Bishop of Orléans Theodulf (760-821). He was an Italian in France serving under Charlemagne and afterward King Louis the Pious. He was a patron of the arts and had a chapel built in Germigny-des-Prés, now a testament to Carolingian architecture.

“He will be great and will be called the Son of the Most High. And the Lord God will give to him the throne of his father David, and he will reign over the house of Jacob forever, and of his kingdom there will be no end.” (Luke 1:32–33 ESV)

1 All glory, laud, and honor
To Thee, Redeemer, King,
To whom the lips of children
Made sweet hosannas ring.
Thou art the King of Israel,
Thou David’s royal Son,
Who in the Lord’s name comest,
The King and Blessed One.

2 All glory, laud, and honor
To Thee, Redeemer, King,
To whom the lips of children
Made sweet hosannas ring.
The company of angels
Is praising Thee on high,
And mortal men and all things
Created make reply.

3 All glory, laud, and honor
To Thee, Redeemer, King,
To whom the lips of children
Made sweet hosannas ring.
The people of the Hebrews
With psalms before Thee went;
Our praise and prayer and anthems
Before Thee we present.

4 All glory, laud, and honor
To Thee, Redeemer, King,
To whom the lips of children
Made sweet hosannas ring.
To Thee, before Thy Passion,
They sang their hymns of praise;
To Thee, now high exalted,
Our melody we raise.

5 All glory, laud, and honor
To Thee, Redeemer, King,
To whom the lips of children
Made sweet hosannas ring.
Thou didst accept their praises;
Accept the prayers we bring,
Who in all good delightest,
Thou good and gracious King.

Rings of Power Have Returned to Assail Us All

Season two of Rings of Power has begun on Amazon Prime, and I have no plans to watch it. The first season was enough. I didn’t dislike the first season from the start, but it wasn’t a Tolkien story as claimed. It was LOTR fan-fic and not a good one. It wasn’t good enough to give a boat the hope it needs to float, if you know what I mean.

The second season appears to be more of that and worse. Sauron was styled as a returning king to Mordor, but now he’s appealing to the orcs and their father-figure to accept him. The orcs are styled as misunderstood foreigners who just want to live free of tyranny. What?

Army of orcs outside Gondor. "Sire, the orcs are here," someone says. "Well, don't be racist. Let them in."

Erik Kain describes other story points like this: “We need Conflict Between Main Characters, after all, even if it doesn’t really make sense,” and “nothing here is even remotely based on Tolkien’s lore.”

Brett McCracken notes another common complaint. “The series feels bogged down by overwrought dialogue. Sometimes the dialogue is great; often it’s cringey.” Plus, there’s excessive exposition and many opportunities for viewers to ask how a character would have known whatever they just said.

You can get it a feel for Rings of Power season two in this mostly positive IGN review, which according to those who pay attention to IGN is remarkably critical. Don’t those rings look cheap?

And props to Echo Chamberlain for this video recap of the first two episodes that quotes several lines, because you can’t understand the fundamental nonsense of this show without hearing some of these lines. For example, “A rumor is like a songbird; it may sound filling from afar but up close it’s an empty feast.”

Novel Adaptions: Johnathan Boes writes about adapting Tolkien’s work with some remarkable specifics from the Rings of Power showrunners.

Reading into the Text: Ukrainians have long referred to Russian soldiers as orcs and apparently Soviet leaders did too. “Comparisons between Mordor and Russia go back to the Soviet era, when the regime considered Tolkien’s literature politically threatening. The USSR banned Tolkien’s books because they saw the orcs as an analogy for the Soviet people.”

(Photo by Marc Szeglat on Unsplash)