Thu 21

Annual leave

Max Here I was all about to start a blog post called “That’s 2006, then,” when I realized I’d already done that in 2004. Except it was called “That’s 2004, then.” Because it was 2004 at the time. Not 2006.

One of the problems with writing all the time is I tend to unwittingly repeat myself. For example, the other day I received an e-mail that chilled my spine:

Please stop using the line “he’d never seen so many expensive pairs of shoes in one place.” You have used it in all three novels, and it has about outlived its utility.

Could I really be unintentionally inserting the same line into all my books? That would be pretty embarrassing. And probably sign of some kind of encroaching mental defect. Some kind of new encroaching mental defect, I mean. So I went searching through my manuscripts. Sure enough I found this in Jennifer Government:

John had never been surrounded by so many good pairs of shoes.

… and this in Company:

It turns out to be a bar so stylish that it has dispensed with anything as obvious as trying to look like a bar, and at at seven o’clock on a Friday evening it is full of deep orange sunshine and more pairs of expensive shoes than Jones has ever seen in one place.

But I couldn’t find anything similar in Syrup, thank God. That’s only two out of three! I reckon that lets me off the hook. And what about all the lines that aren’t the same? Nobody writes in about those!

Anyway, that’s it from me for the year. Thanks so much to all you guys who visit my site, and read my books, and validate my life. If it wasn’t for you, I’d be broke, bitter, and spending most nights fighting homeless guys for loose change. Well, I do that anyway, but it’s a lifestyle choice.

Fri 15

My Life as a Prick (or: Forgive Me, Elke)

Max Apparently some people go through life without regret. They make mistakes, but chalk these up to experience and move on. I would like to meet one of those people and shake them hard.

I’m the other type: one of those people who breaks into a cold sweat at one a.m. because I just remembered the time in 1989 when I asked this girl out and she thought I was joking, so I tried to play along. In fact, now I think about it, that happened a couple of times. I probably needed to rework my approach.

But the thing that really haunts me is that one particular person has been present at nearly all of my greatest humiliations. This is Elke, who I lived next door to when we were both babies. There are lots of photos of us playing naked in the splash pool; our parents joked that one day we’d get married; you know the deal. Well, Elke grew up to be beautiful, smart, generous, and kind to animals. And I’m quite sure she thinks I’m the biggest asshole on the planet, because every time she’s seen me in the last twenty years, I’ve been rude, drunk, committing a crime, insulting her brother, or some combination of the above.

It’s eerie. I don’t think she’s inspiring me to these depths. She just always happens to be there, staring at me in shock. I swear, if I took off my pants, walked down the street, beat up a nun, and mugged a homeless person, I would turn around and there would be Elke. It’s like my life is a sitcom and she’s my running gag. Only since I’m in it, it’s not that funny.

I understand that we all do dumb things now and again. What I don’t get is why all of mine happen in front of this one person, whom I otherwise never see. It’s a little disturbing to know there’s someone out there with a perfectly rational basis for thinking I’m a scumbag.

I haven’t seen Elke for many years, which at least means that I haven’t done anything seriously embarrassing since then. But one day I hope to run into her again, so I can say, “Look, I know what you must think about me. And I won’t try to change your mind. I just want to say I’m really sorry.” Then I would probably barf on her dog.

Thu 07

Allevia: So Sue Me

What Max Reckons The other day two people threatened to sue me. Admittedly, they were employees of the same company. But still: two in 24 hours is a new record for me. It’s also the first time I’ve been threatened by a company, not an individual. But, like all the others, it was related to NationStates, the nation simulation web game I wrote.

To whom it may concern:

There is a “counrty” on your webite called “Allevia”. Allevia is a TRADEMARKED name and may not be used on your website. You will be receiving registered mail shortly from our legal councel here in Switzerland. We advise that you remove the trademarked name from your site without delay.


N. Jackson

At first I thought this was a stunt by a NationStates player, trying to get the Allevia nation into trouble—because players can be devious like that. But there is a real Swiss company called Allevia, so I wrote to them to ask if this was for real.

Before long I had a reply from Pierre Mainil-Varlet, MD, PhD, MBA, Allevia’s Chief Operating Officer. Pierre confirmed it was genuine, and if I didn’t scrub Allevia from NationStates, “a legal action will be started.”

Now I was confused. It’s not like Allevia is such a bad nation. It’s a democracy, has excellent civil rights, low unemployment, and its national animal was the Tufted Penguin. Those are some cool birds. Sure, it’s a corporate bordello, but whose country isn’t, these days? So I had trouble seeing what this company’s problem was—other than the fact that Google’s “allevia” results listed someone who wasn’t them at number five.

I wrote to Pierre expressing my doubts:

Could you please explain why you believe the use of the Allevia name by one of our players is illegal? To my eye it just looks like coincidence—nothing about the account suggests the player is referring to (or even aware of) your company. Should be in breach of the law, then by all means we will comply, but I’m a little puzzled about what law you think is being broken here.

Pierre fired back a very interesting reply. Before I reveal that, though, here is a quiz. Imagine you discover an unrelated use of your company’s name in an obscure online computer game. There’s nothing offensive or damaging about it, but still, it bugs you that the internet isn’t reserved solely for your marketing messages. What do you do?

Your options:

  1. Ignore it, because it has nothing to do with you, and your time is better spent doing whatever the hell it is that your company is supposed to do.
  2. Write a polite letter explaining the situation, keeping in mind that in many parts of the world, including all the relevant ones, threatening legal action over a trademark without a genuine basis is illegal and exposes your company to counter-action.
  3. Write to an author with a history of irritability toward corporations that try to control language, claiming to have ultimate control over use of the word “in all fields of operation,” explicitly including computer games (a claim easily contradicted by your own country’s trademark registry), and repeatedly threaten him with lawsuits.

If you selected #3, you could be Allevia’s Chief Operating Officer.

Pierre agreed with me that it was “a total coincidence and not bad will from the player.” And he further acknowledged that not only is “allevia” a common Italian word, but it’s used by Estee Lauder to refer to a fragrance. However, he claimed:

[We] own all other field of application including computer games and softawre software. The situation would be the same if you would use the name coca cola.. You would be place into difficulties

He also assured me again that this was a serious matter and Allevia “will be consequent in our action,” which I took to mean something bad.

Around now I began to wonder if our player should sue Pierre. After all, the player was running a respectable nation; he wouldn’t want to be confused with a Swiss-based manufacturer of empty legal threats. I was also tickled by Pierre’s use of the Coca-Cola example. I mean, of all the companies to choose from, and all the people to try it on: he chooses Coke, and the guy who wrote a novel set in that company and had it published in ten countries.

I was a little tempted to fake up a letter from Coke, saying it had come to their attention that Pierre had used their trademarked name in an email without permission, and now they were going to sue. Because Pierre didn’t seem to understand that trademark law prohibits people from passing themselves off as you—not from talking about you, or using the same coincidental series of letters in unrelated contexts.

But I didn’t do that. Pierre CCed his last email to a bunch of people inside Allevia, presumably to impress upon them how decisively he was taking care of business. Following that, I couldn’t get him to write back to me, no matter how sneakily I encouraged him to say something else outlandish. So I’m guessing someone on that CC list knocked on his office door and had a gentle conversation with him about what the hell he was doing.

Which makes it a happy ending, in my book. The great nation of Allevia survives, its intelligent, well-educated citizens free to lead their lives unmolested in their beautiful, progressive, somewhat economically fragile nation. And, somewhere in Switzerland, a Chief Operating Officer grows a little sadder, but perhaps also a little wiser.