sequels/fan fiction

Bruce Appelbaum Bruce_Appelbaum at chemsystems.com
Thu Aug 14 11:03:50 CDT 1997


     From WJW's website; see the complete text at 
     
     http://www.thuntek.net/~walter/war.htm
     
     --------------
     
     Latest bulletin dated 23 June 1997
     
     Hi. My name is Walter Jon Williams, and I'm the author of Hardwired, a 
     science fiction novel. The novel was written in 1983-4 and published 
     in 1986, and was (and remains) a big success. It hit the best-seller 
     list for several months, and it's still in print. It's sold better 
     than any of my other novels, and it's been translated into Japanese, 
     German, French, Spanish, Russian, Finnish, Czech, and even Esperanto. 
     (It's always a kick to read about yourself on dust-jacket copy as a 
     "priednim autorum kyberpunku.") 
     
     The success of the novel resulted in a large number of licensed 
     Hardwired spin-offs. A license for role-playing games was granted to 
     R. Talsorian Games in 1989, and the game appeared that year. A license 
     for a computer game sold to NovaLogic in 1995. A license for action 
     figures has been sold to the toymaker Hasbro. In 1989, when Infiniti 
     was introducing their line of cars, they sought a license to use 
     Hardwired as a part of their successful ad campaign. Permissions were 
     sought and cheerfully given for the book to be quoted in scientific 
     literature. 
     
     These kind of sublicenses are good things for authors, I should point 
     out. They publicize the original work in areas where the original
     might not otherwise be seen, they often pay better money than writing 
     fiction, and best of all, they leave the original work alone. Despite
     the number of spinoffs I've sold, Hardwired is still there on the 
     shelves, just as I wrote it fourteen years ago. 
     
     Back in 1994 Paramount Pictures, on the point of releasing the film 
     Johnny Mnemonic, decided they didn't like the original title and 
     sought a license for Hardwired. Though they offered a significant sum 
     of money just for the title, I wasn't in love with the idea of putting 
     my title on William Gibson's movie. (Gibson wasn't exactly delighted 
     by this development himself). 
     
     I turned Paramount down, and Paramount released Johnny Mnemonic under 
     its original title. This is important. Paramount Pictures-- not 
     exactly an insignificant player in the world of mass media-- concluded 
     that I had a moral and legal right to determine what was done with the 
     title Hardwired. They concluded this in 1994, eight years after the 
     book was released. 
     
     Which brings us to Hard Wired Books, the latest imprint from the fun 
     folks at Wired. 
     
     The first inkling I had of the existence of Hard Wired was early last 
     year, when their attorneys tried to block NovaLogic from trademarking 
     their Hardwired CD-Rom game. The game was scheduled to be released in 
     1996, doubtless bringing fame and large cash rewards to everyone 
     involved. Wired's insistence that they own everything with the word 
     "wire" in it caused NovaLogic to leave the scene, dumping the 
     situation into my lap. 
     
     My initial acquaintance with Wired, then, was based on two factors: 
     
     1. Their insistence that I have no moral, legal, or financial interest 
     in Hardwired; and 
     
     2. The fact they'd cost me a large sum of money. 
     
     The first point is without foundation, legally and morally. It's a lie 
     so vast it deserves nothing but contempt. I made
     a tidy sum selling licenses to Hardwired for years before Wired was 
     more than a gleam in Louis Rossetto's eye. Even Paramount Pictures 
     agreed, against their own interests, that I have a vested interest in 
     this title. 
     
     I was first on this turf, and I expect a little respect from 
     nouveau-riche newcomers like Wired. 
     
     Wired's stance-- "I own everything until it's proved that I don't" 
     --is morally repugnant, not to mention megalomaniacal. They talk like 
     civil libertarians, but they behave like net nazis. Wired affects 
     concern about issues of intellectual property, copyright, trademark, 
     and privacy, but their stance is in contradiction to their brazen
     behavior. Their lawyers have been given carte blanche to stomp into 
     oblivion anyone who dares to use the word "wire" in a way that might 
     suggest that Wired doesn't own it. Anyone remember Women's Wire? 
     Another going concern that Wired flattened because it didn't fit into 
     Wired's grandiose and self-important schemes. 
     
     I am not without resources, fortunately, and I don't have to take this 
     lying down. My attorney and Wired's counsel have been grappling
     for over a year, but Wired has yet to make an offer that I can take 
     seriously. 
     
     This week, on May 23rd, I will be giving my deposition as part of the 
     ongoing trademark dispute. Louis Rossetto will be giving a
     deposition at a time yet to be scheduled. 
     
     Stay tuned for further bulletins as we march on to victory over the 
     lickspittle lackeys of lexicographical hegemony. 
     
     ---snip---
     
     Another Damn Bulletin (June 23)
     
     Word has reached me that Wired is dreadfully upset that I have chosen 
     to go public in this
     way. I am assured that they never meant to restrict my use of 
     Hardwired. 
     
     What do they call a trademark action against one of my licensees? 
     Chopped liver? 
     
     The truth is that they unleashed theirs legal hounds before they even 
     attempted to make contact with me. The first contact I had with
     them was through their lawyers. The only contact I've had with them 
     was through their lawyers. It's a little late to call it an amiable
     misunderstanding. 
     
     ______________________________ Reply Separator 
     _________________________________
     Subject: Re: sequels/fan fiction
     Author:  the Robot Vegetable <veg at teleport.com> at Internet
     Date:    8/14/97 8:26 AM
     
     
     On Thu, 14 Aug 1997, Bruce Appelbaum wrote:
     
     >      It's interesting that this appears on the Wired website.  Wired 
     and >      Walter Jon Williams are currently in a battle over the 
     rights to the >      name HotWired.  WJW wrote an SF novel of that 
     name many years before >      Wired/Hotwired existed.  WJW retained 
     rights to the name by refusing 
     >      to allow the movie Johnny Mnemonic to be called Hardwired.  A 
     computer >      game of the Hardwired novel is being put together.
     
     I have a copy here at my side.  It is _Hardwired_.  I thought
     you couldn't copyright titles.  Did he procure trademark status?  That 
     would seem to be difficult with widespread trade of the mark.  The 
     mark is not effective if you recall the title as _Hotwired_.  I am 
     confused; what exactly if the action he is taking against Wired?
     
     veg
     



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