Dymocks D Publishing – An Opportunity Being Wasted

There are still problems with the Publishing Agreement from D Publishing. I wrote about my concerns with the agreement in D Publishing by Dymocks Books – AUTHORS BEWARE. Several minor revisions and now a major revision later, some things have been addressed but major problems remain.

Since the launch of D Publishing about two weeks ago, the issue of their Publishing Agreement has been covered in a range of articles online. Below is a small selection:

Dymocks Responds to Criticism of D Publishing Contract

D Publishing: Dymocks New Self-Pub Service

Could this be Australia’s worst publishing contract? And bookselling icon Dymocks is behind it.

The Only thing Worse Than D Publishing’s Fees is Their Contract – The Digital Reader

‘Authors Beware’: Interview with Steve Rossiter editor of The Australian Literature Review on the D Publishing Saga

The new agreement leaves the door wide open for a company like CreateSpace to step in and open a local printing hub for print-on-demand books to be printed in Australia, or for an Australian printing company like Griffin to offer a print-on-demand publishing service and cut D Publishing out of the deal. It’s a shame because D Publishing could have been enthusiastically embraced by Australian authors and could have positioned Dymocks to grow into something like an Australasian Amazon, but I don’t see how they are going to attract a lot of quality content with their new Publishing Agreement.

The sad thing is I discussed issues which remain in the Publishing Agreement with Michael Allara, Dymocks General Manager of eCommerce, and suggested solutions.

They have addressed or partially addressed some things, but there are serious problems they have been unable or unwilling to adequately address.

***

The agreement now includes a short ‘Guide to Publishing Agreement’ at the start, which includes the assertion that “the agreement is designed to be read in conjunction with the process for publishing your work with D Publishing as some of the concepts in the agreement relate to data or choices that you make when producing and managing your “Completed Work”.” This leaves open ambiguity about what is merely an operational matter which can be readily changed and what is actually being offered and guaranteed to authors. With no means for an author to terminate the agreement, except by permission from D Publishing or where a breach by D Publishing can be proven which is not remedied within 28 days after the author has issued written notification of the breach to D Publishing, this could prove problematic for authors.

Below is a discussion of some of the notable aspects of the new agreement:

An author grants exclusive distribution rights for the work to what D Publishing call their Core Distribution Channels (Dymocks stores, the Dymocks website and Google eBooks).

3.1 If the Author selects distribution through the Core Distribution Channel only then the Author grants to D Publishing the sole and exclusive licence to:

(1) to print, publish and sell the Work in hardcopy; and

(2) to produce, publish and sell electronic book and multimedia (being any format or file that combines two or more media such as text, image, video or sound) forms of the Work; and

(3) to produce, publish and sell audible (or spoken) book,

through the Core Distribution Channels and for the territory of the world in the Core Distribution Channel only.

D Publishing may nominate what they call Nominated Secondary Distribution Channels and an author has 30 days to reject that distribution channel or D Publishing will have exclusive distribution rights for the work in that distribution channel. (An author would have to ensure they are not without access to appropriate means of communication to receive and respond to notifications for 30 days or more for the duration of the agreement.)

If the Author selects distribution through the Core and Secondary Distribution Channel then the Author grants to D Publishing a:

(1) sole and exclusive licence to:
(a) to print, publish and sell the Work in hardcopy; and
(b) to produce, publish and sell electronic book and multimedia (being any format or file that combines two or more media such as text, image, video or sound) forms of the Work,; and
(c) to produce, publish and sell audible (or spoken) book,
through the Core Distribution Channels and for the territory of the world in the Core Distribution Channel only; and

(2) sole and exclusive licence to:
(a) to print, publish and sell the Work in hardcopy; and
(b) to produce, publish and sell electronic book and multimedia (being any format or file that combines two or more media such as text, image, video or sound) forms of the Work,; and
(c) to produce, publish and sell audible (or spoken) book,
through the Nominated Secondary Distribution Channels and for the territory of the world in the Nominated Secondary Distribution Channel only; and

(3) non-exclusive licence, in conjunction with the Author, to:
(a) to print, publish and sell the Work in hardcopy; and
(b) to produce, publish and sell electronic book and multimedia (being any format or file that combines two or more media such as text, image, video or sound) forms of the Work; and
(c) to produce, publish and sell audible (or spoken) book; and
(d) to exercise, including by way of sub-licence, all rights in the Work other than its first volume and electronic publication rights (Subsidiary Rights).

If an author rejects any of the Nominated Secondary Distribution Channels put forward by D Publishing, D Publishing can choose to amend their agreement with that author to remove all Nominated Secondary Distribution Channels.

D Publishing may, from time to time, give notice that a Secondary Distribution Channel has become a Nominated Secondary Distribution Channel. Where this occurs the Author will be notified and given 30 days to object to the nomination of the relevant channel. Where the Author rejects the nomination of a Secondary Distribution Channel D Publishing may, at its option, elect to stop distributing the Work through all Secondary Distribution Channels (including Nominated Secondary Distribution Channels). Where this occurs the Licence is automatically varied to remove D Publishing’s right to distribute the Work through Secondary Distribution Channels.

An author can work with distributors to distribute the work to channels which have not been established as Core or Nominated Secondary distribution channels, but cannot license any rights for the work to another publisher.

Clause 3.2(3) expressly permits the Author to personally distribute the Work through Secondary Distribution Channels until such time as that channel or distribution method is nominated by D Publishing as a ’Nominated Secondary Distribution Channel’. The Author may at any time grant to a third party distributor the right to distribute the Work on its behalf but may not enter into an agreement with another publisher in relation to the Work which would result in part or all of copyright in the Work being licensed to the publisher.

This means that an author locks themself into D Publishing as the sole publisher for the work apart from self-publishing carried out by the author (without the assistance of other publishers).

An implication of this is that authors cannot sell territorial rights to various publishers in various countries to take advantage of the capabilities of different publishers suited to doing a good job in different regions of the world. If an author rejects a Nominated Secondary Distribution Channel and D Publishing removes all Nominated Secondary Distribution Channels from that authors agreement then their only remaining option for publishing the work to be distributed beyond Dymocks and Google eBooks is self-publishing.

An author now grants non-exclusive subsidiary rights to D Publishing (but they cannot ‘reasonably withhold permission for D Publishing to exercise a subsidiary right’). Although subsidiary rights are granted non-exclusively, the scope of the exclusive license for distribution channels established under the agreement still allows for exclusive audiobook and movie adaptation rights for those distribution channels.

The new Publishing Agreement has a range of notes added throughout the document. However, a clause near the end states “notes in the document are inserted for reference only and do not form part of the agreement itself”. D Publishing still has the ability to make changes to the agreement written in but a note includes: “D Publishing cannot use the clause above to change the commercial terms set at the time the Author enters into the contract.” I will leave you to judge what level of assurance that provides.

A note also states: “The Author controls the quantity of physical books produced, not D Publishing.”

There is now no mention in the Publishing Agreement or the Rate Card of what rates an author receives for subsidiary rights.

There is now mention in the agreement that authors who hold an ABN in relation to their writing activities should ask D Publishing for an agreement amended to cater for this. It no longer says that an author should not have an ABN at all.

***

I think this is a big opportunity being wasted by Dymocks. I also think most authors are not going to be prepared to license their rights to a publishing service which takes the rewards of an upper-end traditional publisher while taking on obligations similar to a hands-off self-publishing service or vanity press in return.

***

The Australian Literature Review
www.auslit.net

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Sam Stephens – Author Interview (Let It Snow: Ho Ho Horror)

The ShiningHigh CrimesAnd Then There Were NoneYou're NextMicroThe Third Option

Your short story Let It Snow is in the Ho Ho Horror anthology. What can readers look forward to in Let It Snow?

Jake Wellman is on an idyllic Christmas holiday: a secluded resort in the middle of a beautiful pine forest. Jake strikes up an unlikely acquaintance with the overly-friendly owner, Duncan Mackay. But after they share a dark secret, Jake realises there is something not quite right. Suddenly Jake finds himself alone in his cabin, his wife and family are gone. And then he finds the blood. Let It Snow is a psychological thriller that tells the story of Jake Wellman, a father desperately trying to find his family to save them and uncover the truth. But sometimes the truth is best left hidden.

Let It Snow and the other stories in Ho Ho Horror are Christmas horror stories. Have you read many Christmas horror stories before, or do you think writing Let It Snow will entice you to read more Christmas horror stories in the future?

I have read a couple of Christmas horror stories before, and usually enjoyed them. It’s a fascinating mix: Christmas (a time meant for cheer, happiness, and love) mixed with horror (fear, loss, and that warm feeling that is briefly comforting before you realise that you’ve actually just wet yourself in sheer terror). A collision of totally different concepts. I’m really looking forward to reading the other stories in Ho Ho Horror.

The setting of Let It Snow is secluded holiday cabins in the forest. To what extent did you draw inspiration from other horror stories, such as Stephen King’s The Shining, for Let It Snow?

I think seclusion is one of the most important aspects of horror (whether that be physical, emotional, or even psychological seclusion). Seclusion allows things to happen that couldn’t normally happen, and it brings that sense of hopelessness. Stephen King did it brilliantly with The Shining, and his earlier work, Misery, and Agatha Christie did it very well in And Then There Were None. All of these stories created a believable and hopeless seclusion, and I hope Let It Snow brings a similar feeling of being totally and utterly helpless.

What kinds of fiction do you most enjoy reading, and what are some of your recent favourite reads?

I love good horror, from King to Koontz to Laymon. But I enjoy anything that feels fresh and keeps me guessing. I’m a big fan of legal thrillers, such as Grisham and Grippando. I really enjoy action thrillers, such as Lee Child, Gregg Hurwitz, David Baldacci. I recently picked up an old Joseph Finder book, High Crimes, which was a great read, and just about to finish Vince Flynn’s, The Third Option.

What is it that draws you to writing suspense/thriller/horror fiction, as opposed to other kinds of fiction?

I find there is a lot of truth in horror–not on the fictional surface, but deep down where the vein of reality runs. A stark snapshot of what we are, and what we can be, as humans. Writing horror is like doing a live autopsy on the human psyche. Horror also throws away a lot of the “rules” that govern day to day life. With horror, anything can (and probably will) happen. It keeps you guessing.

Who is one of your favourite fictional characters from a novel you have read recently, and what makes that character work so well for you as a reader?

I’ve just started reading a novella by Dean Koontz, The Moonlit Mind. The main character is a little boy, 12 years old, alone in a city where adults kill, and ghosts walk. I’m only about 10 or so pages into it, but already the little boy and his side-kick companion, the golden retriever mix, have already grown on me. When “weak” characters show commendable strength, we can’t help but admire, and even like, them.

If you could bring one storyteller back from the dead for a day for the sole purpose of talking to them about writing fiction, who would it be and why?

Michael Crichton. When Crichton left us, it was one of the saddest days in fiction, in my opinion. He had a style no one else has matched, and I believe he had a LOT more to offer. I love his ability to not only entertain and make you think, but also to make you imagine, and to make you ask, “What if?”

What is next for your fiction writing?

Next will be my full length novel. This is a story that has stuck with me, in essence, ever since I rediscovered my love for writing about eight or nine years ago, and demanded to be written ever since. It’s a thriller that asks the question, “How far would you go to protect your family?”

***
More on Sam Stephen and his fiction can be found at www.samstephens.com. You can read prvious interviews with Sam Stephens on The Australian Literature Review at http://auslit.net/2010/09/22/sam-stephens-author-interview and http://auslit.net/2011/04/28/sam-stephens-author-interview-2, and on Authors Compare at http://www.authorscompare.net/2011/09/sam-stephens-author-interview-short.html.
***
Between now and Christmas, search ‘let it snow’ on Google (or click http://www.google.com.au/search?hl=en&output=search&sclient=psy-ab&q=let+it+snow&btnK) then wait for a little surprise. :)

The ShiningHigh CrimesAnd Then There Were NoneYou're NextMicroThe Third Option

The Australian Literature Review
www.auslit.net

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D Publishing by Dymocks Books – AUTHORS BEWARE

UPDATE: Dec 12
I had a positive phone conversation with senior management at D Publishing about redrafting their publishing agreement to better express their intentions and address authors’ concerns. Major concerns should be addressed this week and could result in a good offering for authors. :)
UPDATE: Dec 16
I spoke with Michael Allara, Dymocks General Manager of eCommerce, at Dymocks Head Office on Wednesday and apparently a new Publishing Agreement will be released soon. Let’s hope they get it right. [A follow-up article to that new agreement is now online at Dymocks D Publishing - An Opportunity Being Wasted.]

The launch of Dymocks’ D Publishing yesterday was anticipated by many aspiring authors as a potential avenue for them to have their work published and distributed, and for them to pursue an ‘author-driven’ strategy for their writing career.

However, after reading the Publishing Agreement made available at www.dpublishing.com it is evident that serious issues could arise for authors signing (or clicking acceptance of) that agreement. (There was a page that could be linked to directly yesterday but this has since been replaced by a PDF download initiated by scrolling down and clicking on Publishing Agreement in the menu at the bottom.) [UPDATE Dec 10: The original Publishing Agreement has been removed from the D Publishing website and a second version has replaced it. The substantive change to the agreement is negligible. The major change has been to bury key details in less direct language and disperse that key information piecemeal across more clauses. This may make key details less obvious to inexperienced authors until they have accepted the agreement but doesn't address the problems. Plus once an author has clicked their acceptance of the agreement there is a confidentiality clause which prohibits the author from discussing the agreement. The second/latest version of the agreement can be downloaded as a PDF by clicking on http://www.dpublishing.com/UserControls/download.ashx?format=PubAgreeDymocksWeb - for now at least.] The agreement has been taken down, so here is a PDF of the D Publishing agreement that was available before it was taken down.

If you think anything here is an issue, I recommend you get hold of [the latest version of] the Publishing Agreement yourself and make up your own mind.

Authors grant an exclusive license to Dymocks for commercial rights worldwide for the duration of the copyright, including all subsidiary rights to the work

While an author would have the right for their name to be attached to the work, they are essentially HANDING OVER CONTROL OF THE COMMERCIAL ASPECTS OF COPYRIGHT WORLDWIDE, INCLUDING ALL SUBSIDIARY RIGHTS, FOR THE DURATION OF THE COPYRIGHT.

Authors inexperienced in the business of publishing and in dealing with publishing contracts may not realise the implications of what they  are agreeing to.

This is far from ‘author-driven’ for an author to make Dymocks the exclusive publisher, distributor, agent for that work and for all derivative works such as sequels and spin-offs, film and TV adaptations, audiobook adaptations, foreign language adaptations, etc.

Authors basically cannot terminate the license unless Dymocks is proven to be in breach of the agreement, which would be difficult for an author to prove, as the agreement does not put much obligation on Dymocks to do specific things. There is a clause allowing Dymocks to change the terms of the agreement at their discretion by amending the agreement on their website.

Ill-defined royalties for subsidiary rights

Author compensation for subsidiary rights is essentially that Dymocks gets NO LESS than 20% of what they call the Cost Price (which, for books, is basically defined as 50% of the retail price, so an author gets NO MORE than 40%).
An author could, however, get much less. Whether an author gets 0%, 40% or whatever else Dymocks decide is up to Dymocks.

Dymocks manage distribution and the author is liable for returned books

Dymocks can distribute an author’s work to the Dymocks book store chain and to other retailers worldwide in a manner they deem appropriate but the author is liable for any books returned.
For anyone not familiar with the process, many publishers will provide books to retailers on a sale-or-return basis – so they either sell the book or they can return it. This allows retailers to stock books while putting a lot of the financial risk back on the publisher.

Dymocks keeps 20% of an authors royalties to cover initial returns and the author is financially liable for any returned books, whatever those costs amount to.

It seems if Dymocks distribute to a large retail chain which goes bust and the retailer returns huge amounts of stock, there is the potential for authors to be bankrupt by their liability for returns.

Authors cannot hold an ABN (Australian Business Number)

Authors must declare that the exclusive worldwide license they grant to Dymocks is not subject to GST
 as the author is ineligible for an ABN because they are not conducting an enterprise in Australia.

Having an ABN prohibits you from granting Dymocks the license to your work, according to the Publishing Agreement.

Rights are granted exclusively and may or may not be used to any great extent

Rights are granted from the moment an author submits the Publishing Agreement but Dymocks can keep exclusive worldwide rights if they do as little as make an ebook available in any language in one ebook store anywhere in the world. Rights do not revert to the author if that’s all Dymocks ever want to do with the rights.

If Dymocks decide your novel does not have movie potential, then no movie. If Dymocks decide there should be no sequel, then no sequel.

An author’s future earnings potential, which could be based on years of time and effort, are put in Dymock’s hands and can be taken away

As the holder of exclusive rights, Dymocks could take punitive measures against authors they have a disagreement with by decreasing distribution or stopping it entirely for the author’s book(s) and not allowing the author have that work published elsewhere.

Dymocks are given editorial control

The relevant clause here is under the heading of Legally Objectionable Material but don’t let that fool you, because another clause states that:

“headings are [for] the ease of reference only and do not affect interpretation.”

Therefore the clause below applies, whether related to legally objectionable material or not:

“If the Author refuses to amend or delete passages in the Work to Dymocks reasonable satisfaction then the Author must, at the request of Dymocks, repay all monies paid by Dymocks. On repayment of all monies this agreement terminates and the rights granted to Dymocks revert to the Author.”

***
In my opinion, the Publishing Agreement with Dymocks on the D Publishing website is very Dymocks-driven and not particularly author-driven, unnecessarily prohibitive for authors, and not internationally competitive with options like Amazon’s CreateSpace for print-on-demand books (with well-established non-exclusive global distribution and without expensive set-up costs) and a range of ebook options.

If any key people from D Publishing/Dymocks are reading this, I have nothing against Dymocks (or publishers or booksellers, big or small). This is in no way any sort of political issue for me, nor associated with any sort of author advocacy cause. I think this is a terrible contract for authors and it is the decent thing to do to warn people about what they may be considering getting into. I hope you take this opportunity to rewrite the Publishing Agreement and provide a more stable business proposition for authors.

Good luck to the Dymocks staff, franchisees and shareholders not involved in writing and approving the D Publishing agreement. If anyone wants questions answered or wants to make a comment to D Publishing/Dymocks regarding the issue, I suggest visiting their Facebook pages at D Publishing and Dymocks. The people working at your local Dymocks book store may have had no involvement and may also be unaware of what’s in the agreement. They also have an email address dpublishing@dymocks.com.au

– Steve Rossiter

***

The only substantive change to the original Publishing Agreement seems to be the limited ability for the author to self-distribute a book published by D Publishing through sales channels not of interest to Dymocks for any of their books, and must stop if Dymocks becomes interested in those sales channels for any of their books. The author is prohibited from working with a distributor to do this.

On their Facebook page, D Publishing cited the reason for the second agreement as to make things clearer following questions and comments received so far. The issues people are discussing are substantive issues of what is actually in the agreement; not a comprehension issue.

***
The Australian Literature Review
www.auslit.net

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Nov 2011 Short Story Comp Winner

Congratulations to everyone who had their story shortlisted for the AusLit November 2011 Short Story Comp (Murder).

I hope you all had fun and that the shortlisted writers find lots of new readers and maybe some new friends through participating in the comp.

The winner of the book pack (pictured below) courtesy of Simon & Schuster Australia is Geoff Lambert for his story God Was Wrong.

Agent 6TabooThe SurvivorThe Terror of LivingThe Night StalkerCovenantBloodlineLUTHER: The Calling

The Australian Literature Review
www.auslit.net

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November Short Story Comp (Murder) Shortlist

The shortlist for the November short story comp is as follows:

The Long View, by Michael Grey

Truth Is, by Ross Watkins

God Was Wrong, by Geoff Lambert

Ice Cream, by Yin

Mice of the State, by Talia Walker

The October short story comp is part of a round of monthly short story comps running in September, October and November.

The winner, announced November 30th, will receive a book pack (pictured below) courtesy of Simon & Schuster Australia.

Agent 6TabooThe SurvivorThe Terror of LivingThe Night StalkerCovenantBloodlineLUTHER: The Calling

The Australian Literature Review
www.auslit.net

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Mice of the State, by Talia Walker

I glance into his eyes and I see nothing, which scares me.  All of a sudden, I feel ill.  My fate is in the hands of a young Officer, just struggling out of his teenage years, who has messy writing and wiry hair.  In my peripheral vision, I see his eyes continually dart from my passport photo to my face.  I think they are dark, but I can’t tell because we aren’t allowed to meet the Officer’s eyes.  That would be a sign of equality, and we are far from equal.

Ahead of me, on the other side of the barrier, I can feel my mother’s unease, but I force my own face to stay blank.  Just one wrong expression, even the hint of a reassuring smile, could result in the two of us being thrown into the nearest detention centre.  It wouldn’t take long to reach one.  They’re all over the place.   Thousands have been built in the forty-eight years since the Population Boom was declared an international crisis.

Since I can’t look the Officer in the face, I concentrate on his attire.  He’s dressed in the usual pressed uniform – light blue shirt, black trousers, polished leather shoes, navy blue jacket.  There are badges on his lapel.  I count them all.  The usual badge of an Officer of the State; four Belts, one for each year of service; the Golden Heart, for an act of great compassion …  There are fifteen in total, shining like the merit stickers that Educators once awarded to ‘good’ students.  Among them is the Star of the State.  I wonder what this young Officer could have done to attain such an honour.

He looks at my photo once more and I feel his eyes run over my face, scrutinising me.  I realise that he’s waiting for me to buckle, to let slip some miniscule act that could be passed as defiance.  He needn’t bother.  My mother has taught me well, and I’ve always been a model student.

He sighs, hands me my passport and motions for the two Guards to allow me to pass.  They push the Gate open just enough for me to slip through.  With a thick stream of people behind me, they can’t risk opening Gates any more than that.  For most people, they needn’t worry.  But there are still those who try to push through, to run for it.  Not that there is anywhere to run.  On the other side of the Checkpoint is the Customs Terminal, as well as seven Guards with snipers, ready to shoot you down.

As I pass through the Gate, I hazard a glance at it.  They shouldn’t call them Gates, these access points between states. “Gate” connotes “harmless”, a small and easy-to-conquer obstacle.  In reality, the Gates are barriers of mesh and intertwined razor wire that appear every so often in the massive, thickset, reinforced steel Wall.  Guards patrol the Wall, standing only several metres from one another, their heavy machine guns strapped across their hearts.  The major cities are built around the Gates.  Or is it that the Gates were built as transects to the major cities?  Either way, the fact remains that the Gates were erected by the State at the beginning of the Boom, at the same time that the Walls were.  They’re meant to dissuade us from moving, to keep us in the one spot so that they can control the amount of people in each city.  When I was seven, I asked my mother about the Gates and Walls.

“They’re to protect us,” she had said, giving me that gentle smile that never touched her eyes.  “The Head ordered for them to be built at the beginning of the Boom.  There are too many people in the world right now, and there isn’t enough food or water or space for them all.  The Walls keep us from going to other places and using all of their resources, and they stop people from coming in and using ours.”

Even at that young age, I knew that she was only regurgitating the words, that she was telling me what I was supposed to be told.  I could tell by her eyes.  They glow bright when she’s passionate, the flecks of amber coming alight like a dozen candles in a dim room.  But when she’s resigned herself to something, her eyes are dull, as though all the light has been drained from her soul.

My mother and I move away, heads bowed and struggling to walk slowly in an attempt to appear unsuspicious.  No one has ever been able to explain to me exactly what ‘unsuspicious’ means.  It is like a new disease, something that people can easily recognise as being inconsistent with the norm, without knowing how it came to be different in the first place.  They know it when they see it, but they can’t describe what it is exactly.  Somehow anything and everything has become ‘suspicious behaviour’, unless authorised by the State.  I wonder what their guidelines are, or if there are guidelines at all.

We’re about twenty metres away from the Gate, at the end of the nearest Customs Terminal, when the shouting reaches us.  Everyone around us turns, and I turn with them.  My mother nudges me, but I ignore her.

On top of the Wall, I can see a lean man, his scraggly brown hair brushing against his shoulders.  He is dressed in khaki trousers and an orange tunic, with a thin vest over the top.  I can’t tell what colour it is, because the the sun is behind him, but it looks dark.  The man is definitely what the State would deem ‘suspicious’, I think.  No one dresses in clothes like his anymore.  They are clothes from before the Boom, when there were such things as ‘hippies’.  I know all about ‘hippies’, because we learnt about them at school, before the earthquake destroyed the buildings and we had nowhere else to learn.

“They were poisoners of innocent minds!” the Educator had said, striding around the room as she always did when seized by a fit of passion.  Her long-nailed hands balled into fists of fury and she came to a halt in front of the class, surveying them with the eyes of a hawk.  “They encouraged other people – good, law-abiding people – to challenge their government!  The hippies were a dangerous race, and we should all thank the State that they were exterminated in the Reformation after the Boom.”

A boy at the back of the class had said loudly, “That’s not what my father said.”

All eyes had cut across the room to stare at him, that overweight boy with the mousy brown hair and squashed nose.  Curtis, his name was.  Curtis Long.

“My father said that hippies believed in everyone being equal and that they wanted world peace,” he said haltingly, his confidence evaporating under the blazing eyes of the Educator.

The Educator glared at him, her nostrils flaring like a horse.  Her face was red, bright red, and her knuckles were white from clenching her fists so hard.  When she spoke, her voice shook like thunder, and the floor beneath our feet rumbled with the strength of it.  “Your father is a liar!” she screamed.  “A liar!  Who does he think he is, to contradict an Educator?  It is people like your father that are a danger to the State!”

Curtis Long had been in the school house after school hours, when the earthquake hit.  No one knew why.  His father had disappeared a week later.

The man on the Wall is bellowing furiously now, shaking his fists in the air.  Obscenities spew from his mouth and even at a distance, I can see his eyes flashing with pent-up rage.  I wonder at the fact that he managed to reach the top of the Wall without being intercepted by the dozens of Guards that patrol it.

“Look at you!  Look at you all!” he yells at the Officers and Guards below him.  “You’re disgusting!  Oppress enough people and you’ll be safe from the State, is that it?”

Several Guards patrolling the Wall approach him, swinging their machine guns into a more comfortable position.  One of the Guards speaks sharply to the man.

“We live in fear and oppression!  Our free will is gone!  We have no choices, because you refuse to give us even one!” the protestor roars, ignoring the Guard completely and waving both fists above his head.  His eyes flash again with anger, and hatred and courage.

My mother pulls me close to her as the round of gunshots sounds, tearing gaping holes in the atmosphere.  I shrink backwards, and she wraps her arms around me, burying my face in her jacket.

But not before I see the flash of bullets in the sun, from left, from right, from below.  Not before I see the protesting man stagger backward, blood surging from the dozen holes in his chest.

I peek from under my mother’s arm as he loses balance and slips on his own blood, his body somersaulting over the edge of the Wall.  It seems that the entire queue of people at the Gate, as well as those of us at the Customs Terminal, pause to watch in silent horror as he screams, falling faster and faster until he crashes to the ground with the sickening sound of cracked bones and the slap of soft flesh on an unforgiving surface.

All hell breaks loose.  On our side of the Wall, the six organised queues, one at each of the Customs Terminals, suddenly converge in a heat of panic.  On the other side, people surge forward towards the Gate, screaming and yelling as the Guards struggle to keep people back.  Gunshots ring out once more, but it only adds to the confusion and fear.

However, in this moment, nothing is substantial to me.  Not my mother’s hands tight on my back.  Not the jostling of people surging past.  Not the terrified screams that will later haunt me in my sleeping hours.  Nothing matters to me except the crumpled body, and I find myself on my hands and knees, my stomach heaving constantly until I’ve thrown up so many times that there’s nothing left and all I can do is splutter and cough on the ground.

Later that night, I sit in the packed waiting room of the Customs Terminal, my head on my mother’s shoulder.  I think about the Gates, how odd it is that they’re made of wire, while the Wall is thick steel.  I think it’s to tempt us.  Perhaps the State thinks that if we can see the other side, we might try to escape.  We’re the mice in the maze and they’re the scientists who have hidden the cheese somewhere we can’t reach, tempting and punishing us.

I can’t help but wonder about the protestor, despite having spent the rest of the day shoving the image of his broken body into the deepest recesses of my memory.  What if he managed to get up on the Wall because the Guards let him?  What if they wanted him to speak out, so that they could use him as a demonstration, to show everybody else what happens to those who question the authority and integrity of the State?

As I have that last thought, I realise that I’m considering ideas that are exactly what the State most desires to eliminate.  My skin tingles all over and I suddenly feel exposed, as though the walls have eyes and every other person in this cramped room has been placed there just in case I say something that I shouldn’t.

I want to look up at my mother’s face to find reassurance there, but I know that I won’t and that the fear I’ll see instead will frighten me too.  So I curl up tighter and bury my face in her shoulder.  She stirs and pats the top of my head absentmindedly.

That night I dream of rows of shining badges and never-ending lengths of razor wire and bleeding men falling from the sky.

***
The Australian Literature Review
www.auslit.net

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Ice Cream, by Yin

He’d been watching them for a while now. Two girls, walking side by side. He liked them, liked seeing their pear-shaped bodies swaying in union. One was taller than the other. The first one, she’d let her hair down, and the shorter had hers up in a bun.

The night liberated him. And sweat he was used to. At work, he was constantly slicked in it. But this… this strain, this stealth. It was all too familiar: the first try at his job years ago. Now the same symptoms clutched at him, his limbs trembling, him torn between fleeing and securing his goods.

They strode under the lights of lamp posts while he stuck to the shadows.

Which one?

He wrangled around, tossing ideas together as shops blurred by. They were already onto the next street but now, for him, the pedestrian light gleamed red. A small group of people began to accumulate at the crossing but his concentration locked on the two girls safely on the other side.

Who do I want most?

The light turned green again and he snuck forwards, ignoring side glances from boys who’d slicked their hair with gel. School kids, he scoffed. Who needs school? It doesn’t teach you how to reel in chicks!

Parked cars filed against the curb in the next street, and the two girls loitered on in a straight line. Thankfully, they seemed oblivious of him. His fingers slid across the cars’ shiny covers as he weaved between the stationary vehicles. He forgot that, just yesterday, he’d been here. Today, the hubcaps, the tires, the badges, the sparkplugs and the aerials of the cars shouted of money to him.

Not right now though – now he was upgrading his skill. You have to think of the future, Ma had said, before dumping him with Grandfather; life consists of more than money.

Lovely black hair. He imagined running his fingers through the girls’ locks, caressing something soft and alive for a change. His own hand came up and passed over his scalp. It came away greasy with sweat, grime and dust from the day before yesterday. It repulsed him, chilling him in more sweat, and he shook himself. What was he thinking about?

Nice hips. His eyes strayed down to where denim shorts showed off most of their thighs so that he didn’t notice the dairy on the corner until they’d entered it. He stilled a few feet before the entrance. The automatic doors slid open and air conditioning blasted out. He welcomed the few seconds’ relief from the humidity of the night though once the doors closed again, the heat swamped him. He squeezed between two parked cars and watched the stagecraft inside the shop. It glowed of an artificial brightness that hurt his eyes and made his head ache. Such naivity! Cocooned in neon lights they were lulled in a false sense of security. Not like him.

He neared the window. He was not seen but all seeing. And he liked what he was seeing.

His mind spoke of many things. Of the novelty of warmth melting at his side. A softer thing; a thing warmer than metal. It spoke of dimmed lights and flickering flesh.

No! He shook himself and squeezed his eyes shut against these fantasies. But…

O-oh. His fingers twitched against the glass as he watched them lean over the counter, the hems of their shorts hitching higher and higher. Oh! He wanted to rub his fingers against that pearl-white skin.

Please, please, please turn around! What harm could it be? He’d just ask one of them out, and then the other, and then that would be that.

The glass felt hard and cool against his nose.

They turned around with one vanilla sundae between them.

You like sundaes? I’ll give you sundaes, one each! His right hand strayed to his back pocket where a slim wallet lived. A pitiful sum; he deserved more.

The taller one flashed a glance over her shoulder. He lurched back, bumping into the bonnet of a car. He scanned his surroundings, searching methodically for the suspicious head-turning of anyone who was spying and had the potential to tell on him: light from streetlamps reflected off passing traffic, puppeteering shadows across looming stores.

Good, no one’s about. It was good: he was clever with the knife, though he never liked to use it. He found it easy enough to make a clean kill, the swift sliding in between the ribs (you had to keep it at an angle so it pierced the heart) and the quick jerk out was fine. It was the sucking rattle of the dying breath of Grandfather that troubled him.

A wall of chilled air announced the girls’ sudden departure of the shop. He bowed his face towards the car, faked fiddling with car keys. Then, after a moment, their giggles seemed to come from a long way off.

His head snapped up. Shit! They were almost out of sight.

No! Panic kicked his guts. Sweat crusted his back. He hounded them like shadows. Tailgating, he called it.

Under the streetlights, he pretended not to notice their arms encircling the other’s waist. That, and their almost too often glances like they shared a secret.

Girls like to hold each others’ hands, don’t they? he reassured himself, trying to remember the sparse images of young women in his childhood.

They stopped.

Frick. He scuttled back into the safetly of darkness. He kept them in sight. The tall girl offered the ice cream to the other girl. She licked it and her eyes narrowed to slits. It was the same expression as a kitten he’d had before, whilst testing a saucer of cream. That seemed a long time ago, before Grandfather got sick.

“This is so good,” she said; his legs went oozy and his palm slapped against a car bonnet for support. It felt real, hard, and dead.

“I know.” There was a deep purr to the taller girl’s voice. The other nodded, cheeks flushing at the coldness of the ice.

Before understanding dawned on him, before his legs found strength, a breeze rose and strands of hair streamed from the taller one’s face. She said something he didn’t catch. He watched as the other tucked flying wisps gently behind the tall girl’s ear. In return, her lips formed a soft smile and she wiped ice cream from a corner off the small girl’s mouth.

His hunger for flesh dissipated. He backed away. I guess... Stuffing his fists deep into his pockets, he stole into the night.

~

They looked back. A shadow was all that was left of him.

“Do you reckon we should call the police? That strange dude was following us,” murmured the taller girl.

“Aw, we nailed him. We had fun!” The other grinned, her eyebrows leaping high. When no response was given, she squeezed the former’s hand impatiently and demanded, “C’mon, admit it sis, you did have fun.”

***
The Australian Literature Review
www.auslit.net

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