DARK PATTERNS, DIRTY TRICKS

Two days ago, tech support deleted two weeks' worth of research with one over-confident, permissionless click of an X in the upper right corner of a tool bar that came up after a restart. 129 tabs were erased and 120 of them could not be recovered. Lesson learned. I should have bookmarked them all! 

So, I return to the deep and dirty well of so-called "Dark Patterns" because they are top of mind, and the FTC is (sort of) on the warpath about them.

In a nutshell, "dark patterns" are hidden tricks that companies deploy to trick users into making choices that they would not otherwise have made, or spending more than they might have intended. 

Strictly speaking, I am not sure if "browsewrap" and "clickwrap" count as a dark pattern, but I came across a doozy this week. A homeowners' association management company has a specialized, automated website that they want all homeowners in the association to join. First, one must click one of those "I Agree" boxes to prove that one has read all the terms of use and other contractually binding terms and conditions. 

That is "clickwrap". You at least have the opportunity to click a link and read the TOU before clicking the box. "Browsewrap" is worse. You are deemed to have agreed to all the terms simply by visiting the site.

The terms on this site included a Miscellaneous Clause that gave the management company the right to change the contract without telling the users, and we users agree to be bound by the contract including by any unknowable changes, and accept full legal responsibility for not knowing what we'd agreed.

Also this week, I spent some time looking at pricey apartments and reading the reviews written by residents (or so they claimed). Somewhere in the very low-starred rankings, a residential whistle blower disclosed that the apartment management gives rent discounts and awards lottery prizes to residents who write glowing reviews.

That is surely shady. 

It would be a whole lot less shady if the residents disclosed --as part of the review text-- that they had received valuable compensation as payment for writing a five star review.

Here is a selection of articles about the FTC and deceptive reviews.

https://www.modernretail.co/operations/why-the-ftc-is-trying-to-crack-down-on-fake-reviews-on-e-commerce-sites/

https://www.washingtonexaminer.com/ftc-says-adt-settles-deceptive-reviews-charges

https://www.fastcasual.com/blogs/ftc-cracks-down-on-inauthentic-online-review-practices-what-businesses-need-to-know/

The FTC (Federal Trade Commission) has published a report titled, "Bringing Dark Patterns To Light" which gives useful guidance to website owners about what sorts of manipulative dirty tricks the FTC might take a dim view of. (Apologies for the non-ACT grammar!)

Link to the .pdf 

https://www.ftc.gov/system/files/ftc_gov/pdf/P214800%20Dark%20Patterns%20Report%209.14.2022%20-%20FINAL.pdf

Legal bloggers Christine Lyon and Emily Parfitt for the A Fresh Take blog run by the lawfirm Freshfields Bruckhaus Deringer LLP summarize the report and explain the very interesting, four main categories of dark patterns which are: to induce false beliefs; to hide or delay disclosure of important information; to obscure or subvert privacy elections; and to add on extra charges without clearly disclosing them.

A Fresh Take link:

https://blog.freshfields.us/post/102i0if/bringing-dark-patterns-to-light-the-ftc-warns-companies-against-manipulative-userinterfaces

 

Lexology link:

https://www.lexology.com/library/detail.aspx?g=11c1db66-1eea-424f-8f78-1290ad31b62e

 

If you are older, or color blind, you should read the blog article. Some of the examples of dark pattern behavior are truly --pardon the pun-- eye-opening.

Legal blogger Jeff Greenbaum of Frankfurt Kurnit Klein and Selz PC (whom I have probably quoted before, and perhaps even on this topic) shares a strongly worded take on dark commercial patterns and the bad choices that they deliberately (allegedly deliberately) induce consumers to make.  

His focus is not on the FTC report but on the OECD report.

https://advertisinglaw.fkks.com/post/102i0ay/oecd-report-highlights-concerns-over-dark-patterns

 "Dark commercial patterns are business practices employing elements of digital choice architecture, in particular in online user interfaces, that subvert or impair consumer autonomy, decision-making or choice. They often deceive, coerce or manipulate consumers and are likely to cause direct or indirect consumer detriment in various ways, though it may be difficult or impossible to measure such detriment in many instances."

Jeff Greenbaum's blog is worth reading in addition to the Fresh Take blog because it also mentions games and cookies, and lists seven (7) rather than 4 key categories of dark patterns including the use of force... which rather reminds me of the HOA clickwrap... and of "nagging" and sneaking and creating a fake sense of urgency.

For details, explanations and examples, read Jeff's blog.

Why should you, though?

 

If you are an author with a website and a degree of responsibility for promoting yourself and your literary works, you probably want to extrapolate a few things *not* to do. Dark patterns aren't the only dirty tricks in the industry.

 

If you aren't an author, knowing the tricks and ways others try to manipulate you will make you a smarter consumer.

 

All the best,

Rowena Cherry 

SPACE SNARK™ 

http://www.spacesnark.com/ 

http://www.rowenacherry.com

 

 

 

Karen S. Wiesner: Fiction Fundamentals: Writing Elbow Grease, Part 6 Conclusion

Writer's Craft Article

Fiction Fundamentals: Writing Elbow Grease, Part 6

Conclusion

by Karen S. Wiesner

Based on Cohesive Story Building, Volume 2: 3D Fiction Fundamentals Collection

In this three month, in-depth series, we went over what could be considered the grunge work in building a cohesive story. Revising, editing, and polishing require a little or a lot of writing elbow grease to finish the job and bring forth a strong and beautiful book.

In Part 5 of this series, we went over editing and polishing tricks and tips. Let's conclude this series with one last thing to consider. 

The revision layer of a story involves the finishing touches to make your story shine. With these elements, you'll create an extremely strong layer--something that will allow you to send your novel out with confidence to the people who can publish it. However, I do like to add one additional step to the revision process, and this is one I consider mandatory.

The final read-through

Following all the grueling revision we've been doing, many authors may feel ready to send the story out, either to a publisher who’s waiting to release it, or in a submission to find a publisher or agent for the book. A couple situations prompted me to add one last read-through of the story before I considered it done. I think even savvy, confident authors might want to complete this before submitting. We'll go over the whys and wherefores of doing this soon, but first, a couple of side-tracks here.

1. I strongly believe a final read-through needs to take place on a hard copy of the book--in whatever form, a printed version. Yes, I know we live in a digital world. Everything is done on the computer. But the very real and inescapable fact is that human eyes are fallible. They aren't capable of seeing everything on a computer (or something similar to this) screen and, frequently, what you see on the screen isn't necessarily what's in the hard copy--spacing, formatting, and other issues may crop up from one medium to the other. We need the hard copy to truly catch everything that demands our attention (like typos and "Track Changes" errors) in the final draft of a manuscript. Our eyes can only see some of these things on the printed version of the book. This is essential, and I guarantee if you're not getting this hard copy (from your own printer of the final proof after edits, directly from you publisher or from another means like the one I'll describe in a second), you're missing a tremendous amount of issues that readers are going to catch. Do yourself a favor. Get a hard copy to do your final read-through from.

2. Second, the current state of the industry--exploding with indie publishers and self-published authors--requires another stage in which to find the errors that seem to creep into our stories like lice. The fact is, there are very few legitimately professional editors and/or copyeditors working at publishing houses these days, especially at smaller publishers, and authors who are self-publishing their own works may even skip the professional-editor-input altogether. For that reason, it’s even more crucial to have a stage where the writer sees his book in this final form (and this is true even if the book is only released as an ebook without a paper component), where he can catch (probably not all but most) typos. While you can always print a copy from your own printer, I highly recommend utilizing a publishing service like Amazon, Lulu, or any other you like to set up an inexpensive hard copy of your book to serve as an advanced reading copy. In this form, you'll see your book in a state that's close to what readers will see it in after it's published (if a print edition will be made available). That's valuable. This is really just for your own use so try to find a cheap way to do this. You don't need cover art for this copy, but you're there so there's no reason not to, since you might want to access how that comes out as well. I'll also add that I don't recommend buying actually "proofreading" copies from most printers, like Amazon. Those copies can ruin the actual book so you can't see parts of it that you need to evaluate because the printer adds huge banners over portions of the wraparound around cover, covering up the text, etc. below. How ridiculous! I recommend purchasing a regular paperback copy of the book, just like readers will get if they buy it, that's not specifically for what these services deem proofreading copies.

3. If for no other reason, providing yourself with this final read-through is your very last chance before your editor sees it to make changes. You want her to find the finished product almost perfect, right? 

Back to the whys and wherefores of doing a final read-through of a book before it's considered done. During this final read through of the book, you shouldn't need to do much beyond exterminating typos and formatting errors, and doing that is a great case for adding this step to the process. But the final read-through serves another valuable benefit: It's a neat way of putting yourself in the position of being the first reader for the book. Naturally, this means you want to put as much time as you can afford into staying away from the book and not reading a word of it until you're ready to complete the final read-through (i.e., if you're sick to death of the story, you can't see it objectively). As much as possible, ignore the fact that you have a very personal affiliation with the book and simply read it--both in a critical and savoring mind-frame. Take your time reading to evaluate how the story goes over for you in this state. Do you love the story and your characters? Are you wrapped up totally in their worlds? How are you emotionally while you're reading it--removed and unsympathetic or invested wholly? Have you captured everything authentically? Or do you think you might need to do more work anywhere? Keep a tablet handy during this time so you write any notes you might need for fixing issues.

When I get to this stage in the process, I usually find very little is required and I may not add more than a thousand words during this time, which is still a nice, "gilding" layer. The story is brimming with life and there’s almost nothing left to stumble over or smooth out. Most importantly, though, in nearly every case I come out loving the story more than I ever have before. It exceeds the expectations I had for it when it was little more than the spark that incited me to write the story. Truthfully, I don't consider that conceit. I'd worry if I didn't have that reaction. If you don't love your own work, don't become immersed in the worlds and characters and conflicts contained in your stories, how can you expect readers to?

In the past few months, we've talked in-depth about the "grunge work" involved in completing a book. Each of the stages add a layer of your story--very strong layers that, for career authors, should be the necessary steps in ensuring multidimensional writing. Each time you add something new during these stages, you're creating another vital layer that makes the whole story stronger, richer, and more three-dimensional. Doing so also allows us to see another perspective of our story and can fuse in more and more details to forge three-dimensionality. Don't neglect the crucial elbow work involved in "decorating" your book since it's what makes your story not only a thing of beauty but a source of personal pride.

Happy writing!

Karen S. Wiesner is the author of Cohesive Story Building, Volume 2 of the 3D Fiction Fundamentals Collection

http://www.writers-exchange.com/3d-fiction-fundamentals-series/

https://karenwiesner.weebly.com/writing-reference-titles.html

Karen Wiesner is an award-winning, multi-genre author of over 150 titles and 16 series.

https://karenwiesner.weebly.com/

http://www.facebook.com/KarenWiesnerAuthor

Living in Alternate Realities?

In Philip Wylie's 1951 novel THE DISAPPEARANCE, an unexplained phenomenon divides Earth into two separate, parallel versions. In one reality, all human males instantaneously vanish; in the other, all women and girls vanish. The all-male world predictably devolves into a violent dystopia, while in the parallel world women have to cope with running society in an era when, compared to today, relatively few females held high public office or were educated in other professions dominated by men.

For a while it has seemed to me that the United States split into two alternate realities in November 2020. Instead of diverging into physically different planes of existence, though, the two realities exist side by side on the same planet while nobody notices what's happened. We talk at cross-purposes to inhabitants of the alternate world under the impression that the other person lives in the same universe, and therefore we can't figure out why they don't see things that look so obvious to us.

This impression hit me afresh during a recent conversation with a person who holds political beliefs opposite from mine. The bishop of our diocese had published a message that, among other topics related to the upcoming election, warned of the possibility of violence. The person with whom I was talking dismissed the warning on the grounds that my party would have no reason to resort to violence locally because they're likely to win the majority of electoral contests in this state, as usual (which is true). And members of his party, he said, "don't riot." I inwardly gasped in disbelief. I wouldn't have said anything anyway, to avoid useless argument, but in that moment I literally could not think of a coherent answer. It seemed we were living in two distinctly different versions of this country, which somehow overlap without coinciding.

The internet and social media, of course, go a long way toward explaining how citizens can inhabit the same physical world but totally disconnected mental universes. Before the internet and cable TV, we all got our news from much the same sources. Fringe beliefs stayed on the fringe; if my memory is more or less accurate, there was a consensus about the general nature of political, historical, and social reality, regardless of vehement conflicts about details. Now, as has often been pointed out, people can stay in their own "bubbles" without ever getting undistorted exposure to opposing beliefs and concepts.

I don't have the skill to write it, but I think it would be interesting to read a science-fiction novel about a world that contains two overlapping dimensions without the inhabitants of those dimensions realizing they're not even in the same universe.

Anyway, on a brighter note, as a former co-worker of mine used to say, "Vote early, vote often."

Margaret L. Carter

Carter's Crypt

Trick or Treat? Copyright My Gourd!

"Trick or Treat? Copyright My Gourd" doesn't rhyme and it does not scan, unlike the original threat, "Trick or Treat, Smell My Feet..." which, by the way, seems to me ought to be punctuated as a question.

Trust the highly creative people of the copyrightalliance to come up with something highly entertaining, seasonal, and copyright-related.

Writer Sydney Blitman discusses a question on every pumpkin carver's mind at this time of year: can I copyright my jack-o-lantern?

Apparently, you can make an argument for it. 

https://copyrightalliance.org/copyrightability-jack-o-lanterns/

Follow the link to read a most excellent blog that deals with sketches, carvings, originality, fixation, mold and more...but not deer or bears. 

All the best,

Rowena Cherry

SPACE SNARK™  

http://www.spacesnark.com/ 

Writing Holiday Stories: Tricks (and Treats) by Karen S. Wiesner

 Writer's Craft Article by Karen S. Wiesner

Writing Holiday Stories: Tricks (and Treats) 

Who doesn't love to read chilling tales at Halloween that embed inside readers deeply enough for them to bite their nails, shiver, or even scream out loud?

Holiday stories have always been popular. Scrooge and those life-altering ghosts of goodwill in A Christmas Carol have been giving readers pause for reflection in the 179 years since it was first published; An Old-Fashioned Thanksgiving by Louisa May Alcott is all about family and gathering together grateful hearts; Emma, with its matchmaking namesake, is an unexpected tale custom-made for Valentine's Day; not to mention Ichabod Crane and the Headless Horseman thundering through the chill autumn countryside in The Legend of Sleepy Hollow. Whole hosts of fiction give us reading adventures that embody the spirit of the holidays they're set around. But what distinguishes a holiday story from all others? In this article, we'll talk about three tricks writers can use to craft authentic holiday fiction that will give readers a treat year in and year out.

1          1)    Prominently Feature the Holiday Itself

Just because there's a romance alluded to somewhere in the story doesn't necessarily mean it's a Valentine's Day story any more than any old garden variety of frightening tale is specifically a Halloween one. Before embarking on a specific type of holiday story, write down what defines the particular festivity you're writing about and what you want to highlight in your unique take on it. While countless stories have become holiday favorites unintentionally, if you want to write something that could become seasonally beloved, starting with a plan is wise. Be specific about you want to accomplish using this season in your story elements because in some ways you're actually making the holiday a character that needs to be developed fully and consistently throughout the tale. The more preparation you do in advance, the more your readers will exult in how you've captured the essence of the holiday.

Washington Irving's The Legend of Sleepy Hollow has become an annual All Hallows' favorite since it was first published in 1820, although the author may not have specifically intended it to become such a Halloween haunt. Based on a 1790 Dutch settlement, the secluded glen of Sleepy Holly depicts a quaint, autumnal countryside in which the community is fascinated by tales of the supernatural. His vivid descriptions are the driving force behind this treasured yuletide yarn:

"From the listless repose of the place, and the peculiar character of its inhabitants, who are descendants from the original Dutch settlers, this sequestered glen has long been known by the name of Sleepy Hollow, and its rustic lads are called the Sleepy Hollow Boys throughout all the neighboring country. A drowsy, dreamy influence seems to hang over the land, and to pervade the very atmosphere... Certain it is, the place still continues under the sway of some witching power, that holds a spell over the minds of the good people, causing them to walk in a continual reverie. They are given to all kinds of marvellous beliefs; are subject to trances and visions; and frequently see strange sights, and hear music and voices in the air. The whole neighborhood abounds with local tales, haunted spots, and twilight superstitions: stars shoot and meteors glare oftener across the valley than in any other part of the country, and the nightmare, with her whole nine fold, seems to make it the favorite scene of her gambols...

"On all sides he beheld vast store of apples; some hanging in oppressive opulence on the trees; some gathered into baskets and barrels for the market; others heaped up in rich piles for the cider-press. Farther on he beheld great fields of Indian corn, with its golden ears peeping from their leafy coverts, and holding out the promise of cakes and hasty-pudding; and the yellow pumpkins lying beneath them, turning up their fair round bellies to the sun..."

2)    Set the Mood for a Seasonal Tale

The second thing that distinguishes any holiday story is mood (or tone). Mood is a carefully constructed means of building layers of tension and suspense, and the tone almost always fits the genre. Romance stories capture the tender feelings of swoon-worthy, appealing main characters that readers will root through obstacles to see share a happily ever after. Mystery stories tend to have an escalating sense of drama and the certainty that something is just not right; only by unraveling the confounding threads and clues can peace and order once again prevail. Gothic leans toward a suffocating feel of atmospheric foreboding. Horror should have the hairs at the back of your neck standing on end and you have to fight the constant need to look back over your shoulder to see if there's something unnatural lurking there.

In the same way, Christmas stories tend to be merry, festive, nostalgic, filled with hope and cheer and benevolence. Valentine's Day stories are frequently romantic, passionate, and rife with promise for the future. Easter tales usually personify grace, redemption, and joy. Thanksgiving yarns are overflowing with the gathering of loved ones, images of feasts and bounty, the good things to be grateful for in our otherwise mundane lives. Each holiday has evocative sentiments that tend to be universal.

Sensory descriptions that evoke the individual seasons should be used in holiday stories at their most potent times. Vivid descriptions bring the reader directly into this kind of story. Using these, you give something tangible in your vision. Your reader moves and uses his senses right along with your characters. The most effective way to capture mood is by using all the senses, as Washington Irving did so effectively in his Gothic tale that contains the epitome of all things spooky:

"It was the very witching time of night that Ichabod, heavyhearted and crest-fallen, pursued his travel homewards, along the sides of the lofty hills which rise above Tarry Town, and which he had traversed so cheerily in the afternoon. The hour was as dismal as himself. Far below him, the Tappan Zee spread its dusky and indistinct waste of waters, with here and there the tall mast of a sloop, riding quietly at anchor under the land. In the dead hush of midnight, he could even hear the barking of the watch-dog from the opposite shore of the Hudson; but it was so vague and faint as only to give an idea of his distance from this faithful companion of man. Now and then, too, the long-drawn crowing of a cock, accidentally awakened, would sound far, far off, from some farm-house away among the hills—but it was like a dreaming sound in his ear. No signs of life occurred near him, but occasionally the melancholy chirp of a cricket, or perhaps the guttural twang of a bull-frog, from a neighboring marsh, as if sleeping uncomfortably, and turning suddenly in his bed."

3)    Immerse the Story in the Setting

Setting is a critical foundation to immersing characters in a world that's directly tied to the holiday you're depicting in the story. In A Writer’s Guide to Active Setting: How to Enhance Your Fiction With More Descriptive, Dynamic Settings, Mary Buckham says, "Setting can create the world of your story, show characterization, add conflict, slow or speed up your pacing, add or decrease tension, relate a character's backstory, thread in emotion, and more… Setting can add so much to your story world or it can add nothing." If you're writing a Christmas story, for example, you're literally at the mercy of your imagination when it comes to crafting prose that floods the senses with Christmas songs, scents, tastes, sights, sensations, and the sheer multitude and range of emotions that can accompany each.

In fiction, settings should be less about objective reality (impersonal) and all about subjective experience (highly personal), especially when you're writing a holiday-specific story. Settings may provide the backdrop for festivity events to unfold, but they do much more than that by creating the context of each scene. Settings can suggest conflicts, personality, memories, goals, and motivations. The connotations are endless. What does the setting reveal about the character’s state of mind, preferences, desires this holiday season? What does the setting reveal about relationships? What in the setting means the most to the main character and/or brings the most regrets? What internal conflicts and motivations can be drawn to describe holidays more tangibly as a result? Are there ways in which the current holiday setting has been influenced by something that happened in the past, and what associations can be made with past events to deepen the present? How can this setting be used to establish the foundation for escalating conflict and suspense in the course of the holiday unfolding?

When you relate all of these things to the specific festivity you're highlighting in your story, amazing prose can homogenously emerge, as it did in Irving's haunting language that screams and embodies Halloween:

"All the stories of ghosts and goblins that he had heard in the afternoon, now came crowding upon his recollection. The night grew darker and darker; the stars seemed to sink deeper in the sky, and driving clouds occasionally hid them from his sight. He had never felt so lonely and dismal. He was, moreover, approaching the very place where many of the scenes of the ghost stories had been laid. In the centre of the road stood an enormous tulip-tree, which towered like a giant above all the other trees of the neighborhood, and formed a kind of landmark. Its limbs were gnarled and fantastic, large enough to form trunks for ordinary trees, twisting down almost to the earth, and rising again into the air... The common people regarded it with a mixture of respect and superstition...

As Ichabod approached this fearful tree, he began to whistle: he thought his whistle was answered—it was but a blast sweeping sharply through the dry branches. As he approached a little nearer, he thought he saw something white, hanging in the midst of the tree—he paused and ceased whistling; but on looking more narrowly, perceived that it was a place where the tree had been scathed by lightning, and the white wood laid bare. Suddenly he heard a groan—his teeth chattered and his knees smote against the saddle; it was but the rubbing of one huge bough upon another, as they were swayed about by the breeze. He passed the tree in safety, but new perils lay before him.

About two hundred yards from the tree a small brook crossed the road, and ran into a marshy and thickly-wooded glen, known by the name of Wiley's swamp. A few rough logs, laid side by side, served for a bridge over this stream. On that side of the road where the brook entered the wood, a group of oaks and chestnuts, matted thick with wild grapevines, threw a cavernous gloom over it. To pass this bridge was the severest trial. This has ever...been considered a haunted stream, and fearful are the feelings of the schoolboy who has to pass it alone after dark.

As he approached the stream his heart began to thump... Just at this moment a plashy tramp by the side of the bridge caught the sensitive ear of Ichabod. In the dark shadow of the grove, on the margin of the brook, he beheld something huge, misshapen, black, and towering. It stirred not, but seemed gathered up in the gloom, like some gigantic monster ready to spring upon the traveller.

The hair of the affrighted pedagogue rose upon his head with terror. What was to be done? To turn and fly was now too late; and besides, what chance was there of escaping ghost or goblin, if such it was, which could ride upon the wings of the wind?"

Readers love holiday stories for good reason. Using these tips, you can help your readers get in the mood for the season with a timeless favorite they can look forward to returning to each year.

What are some of your favorite holiday stories? What elements make them timeless reading on those special days of the year?

Happy writing!

Just in time for Halloween, Thanksgiving, and Christmas!

Adventures in Amethyst Trio of Holiday Romances by Karen Wiesner
 
Three holiday novels in one volume including:

Halloween: NEVER A BRIDE, Book 11: When Charlize met Ben, he was in a committed relationship--the last thing she wanted. She returns at Halloween to find that Ben and Layla have broken up, but his ex- is having a change of heart. Despite the complications, the solution could be as simple as a kiss.

Thanksgiving: UNLUCKY IN LOVE, Book 12: Layla and Adam find themselves jilted at Thanksgiving. Heartbroken and wondering if there's anything left to redeem, they re-evaluate life…and love.

Christmas: SHOTGUN WEDDING, Book 13: Right out high school, Trevor and Eden married for the baby on the way. Years later at Christmas time, she finds herself competing with the other woman he'd been interested in back then, and their shotgun wedding is called into question.

Find out more here:

http://www.writers-exchange.com/trio-of-holiday-romances/

http://mybook.to/AdventuresAmethystTrio

https://karenwiesner.wee​bly.com/adventures-in-amethyst-series.html

Karen S. Wiesner is the author of the 3D Fiction Fundamentals Collection

http://www.writers-exchange.com/3d-fiction-fundamentals-series/

https://karenwiesner.weebly.com/writing-reference-titles.html

She's also an award-winning, multi-genre author of over 150+ titles and 16 series. Visit her here:

https://karenwiesner.weebly.com/

https://karenwiesner.weebly.com/karens-quill-blog

http://www.facebook.com/KarenWiesnerAuthor

Is Time Travel Impossible?

A character in C. S. Lewis's posthumously published novel fragment THE DARK TOWER asserts it is. (Granted, one faction within Lewis scholarship maintains THE DARK TOWER wasn't actually written by him, but I don't find that claim convincing. Anyway, the issue doesn't affect the point of the story.) He argues that physical travel to the past or future can't be done for a basic, irrefutable reason: A corporeal trip into a different time necessarily carries all the atoms in one's own body into that other time. But in the past, all those particles existed in other entities in the physical world, whether inanimate objects, living creatures, liquids, gasses, whatever. In the future, those same particles will again be distributed through the environment. The only way you could materialize in a different moment would be if duplicates of each of your atoms, molecules, etc. existed in the same place at the same time. According to the laws of physics as we know them, that's impossible. Therefore, physical time travel is forever, irrevocably ruled out, unless we invoke magic rather than science.

That story is the only place where I've encountered this argument, which strikes me as highly convincing. On this hypothesis, other temporal "locations" could be only viewed, never visited. Accordingly, Lewis's character has invented a device for viewing other times, although it turns out the true situation is more complicated than he believed.

While I've come across other stories of observing rather than traveling to some non-present time, I don't remember any that offer a theoretical grounding for the impossibility of temporal travel in the flesh. It's not unusual in time-travel fiction, however, for a traveler to be unable to exist in the same location more than once in the same moment. In Dean Koontz's LIGHTNING, a traveler can't visit a place/time where he already is/was. He's automatically shunted away from that point. In Connie Willis's series about time-traveling historians from a near-future Oxford University, the same prohibition applies, but it's not clear whether the simultaneous existence of two of the same person is outright impossible or would produce a catastrophic result if it accidentally happened. In such works as the Harry Potter series, THE TIME TRAVELER'S WIFE, and Robert Heinlein's "By His Bootstraps," on the other hand, any number of you can be in the same point in space/time at once.

To me, the former rule seems more plausible, because it makes the issue of the same material object being in two places at once less obvious, although I've enjoyed lots of fiction in the second category. One possible way to get around the problem raised in Lewis's DARK TOWER: Instead of a corporeal leap into a different time, travelers might project their consciousness and build temporary bodies in the other time by "borrowing" stray particles from the surrounding air, water, and earth. When the traveler released the borrowed matter to return to his or her point of origin, the particles would dissipate harmlessly into the environment. Another method of bypassing the problem shows up in the new QUANTUM LEAP series: The leaper's consciousness occupies the body of a person in the past, presumably suppressing the host's personality in a sort of temporary, benign possession. (The time-shift operated differently in the original series, while this version does leave unanswered the question of where the leaper's body is while his immaterial consciousness travels to multiple past eras.)

Margaret L. Carter

Carter's Crypt

Cover Me

Authors cannot copyright titles, but one always has to be a little careful when the title belongs to a song: sometimes the song consists of very few lyrics apart from the title. I would not say that that applies to Mr. Springsteen's "Cover Me".

"Cover Me" has an astounding variety of meanings, including copulation in an animal husbandry context... well, perhaps not with the "me" unless one is thinking of Pasiphae, the Minotaur's mother.

When it comes to cover art, there is another wrinkle on the horizon if an author wants to license an image of a cover model who happens to have tattoos. The tattooed model might not own the copyright to certain, decorated portions of his own skin, and the author and publisher might find themselves exposed.

In 2011, the lawyers of Proskauer Rose LLP wrote about the use of Mike Tyson's face tattoo, which was duplicated onto another actor's face in Hangover II, and a lawsuit for copyright infringement (because of the copying without the permission of the tattoo artist).

https://www.proskauer.com/newsletter/three-point-shot-july-2011

Legal blogger Brandon W. Clark of McKee Voorhees & Sease, PLC discusses the revival in legal circles of the question "who owns the copyright in a tattoo" as a tattoo artist recently prevailed in a copyright infringement lawsuit that went to trial, and the jury found in her favor.

https://www.filewrapper.com/who-owns-the-copyright-in-a-tattoo/

Follow the filewrapper link for a thorough analysis, including six photographs, and great advice.

For the recipient of a tattoo, they should make sure to agree with the artist before the art work commences about the rights, and to sign an assignment of rights. For photographers, artists, authors and publishers, they should ask to see the copyright assignment document, and probably obtain an assignment of their own before publishing the cover art... or else, perhaps, not include the tat in the cover art,

All the best,

Rowena Cherry 

SPACE SNARK™ 

http://www.spacesnark.com/  

http://www.rowenacherry.com

Karen S. Wiesner: Fiction Fundamentals: Writing Elbow Grease, Part 5D General Revision Choices, concluded

Writer's Craft Article

Fiction Fundamentals: Writing Elbow Grease, Part 5D

General Revision Choices, concluded

by Karen S. Wiesner

Based on Cohesive Story Building, Volume 2: 3D Fiction Fundamentals Collection

In this three month, in-depth series, we're going to go over what could be considered the grunge work in building a cohesive story. Revising, editing, and polishing require a little or a lot of writing elbow grease to finish the job and bring forth a strong and beautiful book.

In the previous part of this series, we went over general revision choices. Let's finish that.

Tip Sheet: Effective Revision Choices

• Don't make me repeat myself--avoid careless repetition. Watch for repeated words. If you have a noun or verb in the first paragraph of a page, then that same word again at the end of the same page, it literally jumps out at the reader. The same can be true if you repeat a word for no other reason except that you couldn't think of a better, similar, more effective one. Look carefully at the first paragraph in the example below, rife with repetition that jumps out with its overuse, then notice the differences in the published version:

It was daylight. Mortal time of day, not his, and I felt the need to see what the men had done to his once beautiful home, to see if I could indeed walk the exorcized grounds or sleep in the wooden boxes defiled by holy hosts and holy water.

I searched the wall until I found a low wooden door hanging partway open, open enough that I could squeeze my body through.

On the opposite side, the once beautiful gardens were overgrown with weeds and scrubby bushes. The abbey church that had undoubtedly once been beautiful was overgrown with scrubby bushes and weeds that surrounded the vaulted stone frames empty of their holy glass.

What had happened to the holy order that had once lived here? Did their ghosts still walk these quiet grounds, broken, desolate souls among broken dreams?

Did the vampire's soul walk with their broken, desolate souls?

***

It was daylight. Mortal time, not his, and I felt the need to see what the men had done to his home, to see if I could indeed walk the exorcized grounds or sleep in the boxes defiled by hosts and holy water.

I searched the wall until I found a low wooden door hanging partway open, enough that I could squeeze my body through.

On the opposite side, the once beautiful gardens were overgrown with weeds and scrubby bushes. The abbey church that had undoubtedly once been beautiful was covered with dead ivy that surrounded the vaulted stone frames empty of their holy glass.

What had happened to the order that had once lived here? Did their ghosts still walk these quiet grounds, desolate souls among broken dreams?

Did the vampire's soul walk with theirs?

--Mina, by Marie Kiraly

Fixing this kind of problem is an editing and polishing job that really requires a lot of uninterrupted focus.

• Then again, all repetition isn't bad. Save repetition for places where it drives the impact deeper in, rather than annoying the reader or calling attention to your words:

Nothing was enough. Sitting still wasn't enough. Getting his hands on her wasn't enough. He wanted to devour her whole.

--Falling Star, by Karen Wiesner

• A thesaurus is not always a writer's best friend. Another thing I feel I must mention is that newer writers tend to overuse their thesaurus. While variety is good, you don't want to sound like you've been using a thesaurus. For instance, in this sentence, I've clearly used my thesaurus way too often:

The redolent perfume of gingerbread accosted her the moment she strode into her ignoble tenement.

 However, this type of "thesaurus talk" is perfectly acceptable if you use it as a character tag in dialogue. I remember a character in the TV series thirtysomething who spoke like a human thesaurus. He was one of the most intriguing people on the show. I can hear Miles Drentell quite distinctly saying:

"Ah! The redolent perfume of gingerbread accosted me the moment I strode into your ignoble tenement."

As with all guidelines, none of these suggestions are hard and fast rules. You'll know it's written the way it's meant to be when it won't be cut, replaced, or reworked in any other way. Only then will your editing and polishing be complete.

Next week, we'll conclude this series on the grunge work involved in completing a story.

Happy writing!

Karen S. Wiesner is the author of Cohesive Story Building, Volume 2 of the 3D Fiction Fundamentals Collection

http://www.writers-exchange.com/3d-fiction-fundamentals-series/

https://karenwiesner.weebly.com/writing-reference-titles.html

Karen Wiesner is an award-winning, multi-genre author of over 150 titles and 16 series.

https://karenwiesner.weebly.com/

http://www.facebook.com/KarenWiesnerAuthor

Animal Souls?

It's possible that spiders dream. Also octopuses and some birds and fish:

If Animal Dreams Imply Sentience

This article proposes (following the example of WHEN ANIMALS DREAM, a recent book by David Peña-Guzmán) that dreaming suggests an animal is sentient, "a unique individual who experiences life and processes it via thoughts and feelings." The article mentions multiple examples of animals that appear to display emotions and mental states such as joy, sorrow, empathy, gratitude, friendship, loneliness, and self-awareness. Many creatures have been observed coming to the aid of other members of their species, even at personal risk to themselves. The authors of the article go further and propose, "If a creature can feel and express feeling. . . then it is entirely possible that it is a spiritual being."

Clearly, they're using the term "spirituality" more broadly than most people do. For these authors, it seems the capacity for self-awareness, emotion, and response to other living beings constitutes spirituality. The article also suggests animals have souls. By this term, the writers don't mean "soul" as an incorporeal part of the personality that survives death. In fact, they state explicitly that they aren't asserting anything specifically religious. "The stronger capability a given species has for fellow feeling, the more likely it is that members of that species have perceptions we would recognize as spiritual. . . . The ability to emote is, in our estimation, a nascent form of soul." They're advancing a "biophilia view that many sorts of creatures share a connected sentience" on our planet.

Classically, Aristotle propounded a similarly broad definition of "soul" as "intrinsic principles of animal and vegetable life." All living things have souls, in ascending orders of complexity. The vegetative or nutritive soul contains the elements of growth, nutrition, and reproduction. The sensitive soul has the powers of sensation, emotion, and desire. The highest, the rational soul, constitutes the capacity for reason. Plants have only vegetative souls. Animals have both vegetative and sensitive souls. Human beings, in addition, have rational souls. This essay from the online ENCYCLOPEDIA BRITANNICA explains the concept in more detail:

Aristotle's Philosophy of Mind

Contrary to the view of animal cognition prevalent until only a few decades ago, contemporary biologists seem to be discovering more and more evidence that "lower" life forms exist on a continuum with us, not separated by a sharp line.

Margaret L. Carter

Carter's Crypt

Where The Sun Doesn't Shine

Sunlight is said to be the best disinfectant, so Louis Brandeis said.

Eyal Zamir and Christoph Engel ponder cases where anonymity and lack of transparency serve justice better, such as the desirability of ensuring that American jurors are not doxxed and influenced (for instance, and my words, by vociferous persons who have not heard all the evidence). 

https://blogs.law.ox.ac.uk/business-law-blog/blog/2021/05/sunlight-best-disinfectant-or-it-anonymity-means-enhance-impartiality

When it comes to reviews, whether of works of literature or products or services that are being marketed to potential customers, clients or investors, full disclosure is preferable....and even enforced by law.

Lack of disclosures bit Kim Kardashian recently, when an example was made of her by the U.S. Securities and Exchange Commission because she appeared to recommend some kind of cryptocurrency without advising her myriads of followers that she had been paid "a consideration" to promote said product.

(Myriads of... is appropriate here, as the lady doubtless has many multiples of ten thousand followers. Some say, she has 331,000,000 of them.)

https://www.allaboutadvertisinglaw.com/2022/10/keeping-up-with-disclosures-sec-punishes-kim-kardashian-for-crypto-promotion.html#page=1

Legal bloggers Leonard L. Gordon, Christopher L. Boone and Michael A. Munoz  of the law firm Venable LLP explain why a too-short series of social media posts caused Kim Kardashian to not only forfeit the $250,000 that she was paid, but also $1,000,000, and other costs.

The SEC has stated, “Any celebrity or other individual who promotes a virtual token or coin that is a security must disclose the nature, scope, and amount of compensation received in exchange for the promotion.”

Meanwhile, the FTC (Federal Trade Commission) is taking an active interest in the use and abuse of customer/reader/guest reviews and the dark phenomenon of consumer review fraud.

There are businesses that spring up like mushrooms (in the dark, where the sun don't shine), that for a fee will post fake positive reviews of whatever their customers pay to promote, and at the same time will post fake negative reviews for their paying customers' competitors.

It is claimed that some will edit other peoples' reviews without the author's consent, either to tweak them into something more positive or more negative. One would have thought that such a practice would be some kind of copyright infringement! There are also platforms that will simply delete negative reviews.

Reviews are a low-cost and quite powerful marketing tool for authors, professionals, hotel chains and even doctors and dentists, but as with the problems that social media influencers can bring upon themselves for not disclosing what is paid-for, reviewers ought to know that they must disclose any incentives they might have been given in exchange for their review.

Here is a brief snip from the Federal Trade Commission guidance

https://www.ftc.gov/business-guidance/resources/featuring-online-customer-reviews-guide-platforms

1. Don’t ask for reviews only from people you think will leave positive ones.

2. If you offer an incentive to consumers for leaving a review, don’t condition it, explicitly or implicitly, on the review being positive. Even without that condition, offering an incentive to write a review may introduce bias or change the weight and credibility that readers give that review. For these reasons, some platforms have prohibited incentivized reviews altogether or have established mechanisms for labeling them.

3. Don’t prevent or discourage people from submitting negative reviews.

Legal bloggers Alexandra Megaris  and Peter Kim of the law firm Venable LLP's All About Advertising Law blog discuss various unfair and deceptive acts, and share great tips for platforms, marketers and reviewers.

https://www.allaboutadvertisinglaw.com/2022/10/a-sign-of-the-times-federal-trade-commission-releases-guidance-on-consumer-reviews.html#page=1

All the best,

Rowena Cherry 

SPACE SNARK™ 

http://www.spacesnark.com/   

http://www.rowenacherry.com

EPIC Award winner, Friend of ePublishing..