With Peter Jackson absent from Comic-Con International in San Diego to finish production on The Hobbit trilogy, the duty of bringing Middle-earth to Comic-Con fell to the staff of the TheOneRing.net. Consisting of TheOneRing personalities Alex and Kellie Rice, Josh Rubinstein and Rebecca Perry, with Cliff Broadway and Cathy Udovch driving most of the dialog, the panelists dug deep into the The Hobbit: The Desolation of Smaug, the second film of The Hobbit trilogy.

Releasing December 13 with limited information currently available from which to draw theories and deduce conclusions, the panelists energetically showed off their expertise of Tolkien lore, analyzing known sequences adapted from the novel. The most fun came when the panelists cut loose theorizing on new scenes and relationships from Smaug, including a larger role for the wizard Radagast, the inclusion of new elf character Tauriel, talking giant spiders, a Jackson-created side story for Gandalf, elven goddess Galadriel seeing combat action and Bilbo’s impending encounter with Smaug the dragon, voiced by Benedict Cumberbatch.

Breaking down the structure of Smaug and its parallel with the chronology of J.R.R. Tolkien’s novel, the panel took the crowd through the film’s outline, beginning with Bilbo Baggins and his dwarven allies meeting the giant bear-man Beorn. This encounter precedes The Company venturing into the dangers of Mirkwood, wherein lie the deadly spiders teased in The Hobbit: An Unexpected Journey.

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We also think this makes London a very good bet for the world premiere of There and Back Again in 2014.

Join TheOneRing.net as we share ‘The Hobbit’ with schools to encourage literacy.

TheOneRing.net is raising money to send copies of J.R.R. Tolkien’s classic, ‘The Hobbit,’ to schools . In a time when education funding is on the decline, books like ‘The Hobbit’ are simply not purchased for children on a regular basis. As a result, those students are not introduced to the wonderful world of J.R.R. Tolkien, a world we have all learned to love and appreciate.

Today, we are honored to use our extensive international reach to announce the S.H.I.R.E. Project, a real world initiative to help improve the reading skills of children worldwide. The S.H.I.R.E. Project stands for Sharing the Hobbit to Improve REading.

Through helping Schools and Teachers get copies of The Hobbit, and other works of J.R.R. Tolkien, we can hope to expand the world of Tolkien to new readers and improve the reading skills of the world’s youth at the same time.

The first Teacher we want to help is Derek Wright who teaches at Alpharetta High School in Fulton County Georgia. Derek wants to help spread the love of Tolkien to his students, love of fantasy, and help improve the reading of his students. He needs 120 copies of The Hobbit to do this. So we’re calling on all of you to help us help Derek in his goals as a first year teacher.

Please help donate via this PayPal button to get Derek and his students those books. We are looking to raise $1000 to make this purchase. Please consider a donation of $10 or more! Thank you in advance and look for an update from us when we reach our goal!

Tom Bombadil – Master and Mystery

By Tedoras

            Mention the name of Tom Bombadil around Tolkien fans and you are likely to spark a debate: a debate which, in Tolkien fandom, remains one of the most controversial and longest-argued of them all. This is perhaps because even the most fundamental questions surrounding Tom Bombadil are hard to answer; certainly, he is the most enigmatic character in The Lord of the Rings. Because of his uncanny nature, Tom Bombadil remains unique among all of Tolkien’s characters: as readers, we have the same understanding of him today as readers did when they first discovered him—that is to say, while scholarly works on Aragorn and Frodo abound, we are no closer to uncovering the true Tom Bombadil today than we were almost sixty years ago. In writing this article, I hope to accomplish a few goals: first, to present a thorough character study of Tom Bombadil (i.e. to lay out what we know); second, to discuss the main or popular theories in the debate (i.e. to lay out what we think); and third, to draw a conclusion (or, rather, an inference) as to the true nature of Tom Bombadil. Whether you are a veteran of this debate or are just now being exposed to it, I hope you will join me on a journey of herculean proportions to answer the most testing of all questions: who (or what) is Tom Bombadil?

As Saruman coldly says in The Hobbit: An Unexpected Journey: “Let us examine what we know.” Well, in this instance, that is very apt advice, indeed. Tom Bombadil, as many of you already know, stumbles upon the hobbits in the Old Forest in September of the Third Age 3018; he proceeds to rescue them from Old Man Willow, and then brings them along to his home deep in the Forest where he lives with his (also rather enigmatic) wife Goldberry. Tom is marked throughout these episodes with a light and cheery tone: from his colorful attire to his seemingly continual singing (and his ring a dong dillo’s). Yet Tom’s light-hearted nature—while ostensibly unwarranted, considering where he lives—is, in fact, well-attributed: he is a very, very old and wise man (or rather, being that looks like a man). We will, in time, return to look more closely at the importance and uniqueness of Tom’s personality, but for now, let us focus on his age.

Readers quickly become aware that Tom is a special character, even from our very first meeting with him. One of the reasons for this is his fantastic age. And while it may not surprise us that Tom is indeed old, just how old may. Frodo, who appears just as confused about Tom as we are as readers, asks him repeatedly, “Who are you?” (Tolkien 129). Tom replies that he is “eldest,” and then he proceeds to explain:

“Tom was here before the river and the trees…He made paths before the Big People, and saw the Little People arriving…When the Elves passed westward, Tom was already here, before the seas were bent…before the Dark Lord came from Outside.” (129)

Since Tom’s own information is arguably the most accurate about him, let us use the above quotation to determine just how old he is. First, we know Tom has lived in Arda since “before the river and the trees,” a reference to the Spring of Arda. The Spring of Arda is the period from 1900 to 3450 (in Valian Years, not solar years, mind you—though we will return to this soon) of the Years of the Lamps, in which the world was populated with living things. Secondly, he has been in Middle-earth since year 1 of the First Age, when Men awoke; additionally, he saw the hobbits migrating west around T.A. 1300. Tom also saw the Elves pass west: this refers to the Sundering of the Elves and, more precisely, to the First and Second Sunderings in the Years of the Trees 1105 and 1115, respectively. The “seas were bent” in F.A. 587 following the War of Wrath. Most interestingly, though, is that Tom was in Arda before Morgoth (and, in turn, all the Valar) came there during the First War, from year 1 to about 1499 of the Years of the Lamps. Thus, we know that Tom Bombadil was one of the first—if not the very first—inhabitants of Arda following the Music of the Ainur and the creation of Eä.

Now, knowing that Tom has existed (it is, as yet, impossible to say that he was born or created, or even that he entered Arda) since year 1 of the Years of the Lamps, we can calculate his exact age. We must note, however, the sort of ripple that exists in time in Tolkien’s works: each year in the Years of the Lamps and Years of the Trees is a Valian year (about 9.582 solar years). The First Age, with the rising of the Sun, marks the use of solar years in counting. So, we can use the range from 1 Years of the Lamps to T.A. 3018 (when Tom meets the hobbits) to calculate his age. We simply multiply 3500 (the number of Valian years in the Years of the Lamps) by 9.582 (3500 x 9.582 = 33,537), repeat this process for the Years of the Trees (~1500 x 9.582 = 14,373), and add the total number of solar years from all the Ages up until T.A. 3018 (590 + 3,441 + 3018 = 7049). So, by T.A. 3018 Tom Bombadil is already some 54,959 (solar) years old!

Beyond his age, Tom is characterized by a few other unique traits. First is his reaction (or lack thereof) to the Ring. “Show me the Ring!” he says to Frodo, who, surprisingly, hands it right over without any qualms (much in contrast to the very protective, hesitant Frodo we see later on). Tom proceeds to “put it to his eye and laugh[s]” (130). Yes, the reaction of Tom Bombadil to the One Ring, the most powerful and dangerous object in the world, is laughter—not worry nor despair, and certainly not fear. Then, when Tom puts the Ring on his finger, there is “no sign of [him] disappearing” (130). And how does Tom react to this instance? You’ve got it right: he laughs and, to further show how little he cares for the Ring, he does what appears to be a little sleight of hand with it before returning it to Frodo “with a smile” (130).

Not only is Tom unaffected by the Ring himself, but he notices its effects on others. When Frodo slips on the Ring (to check that is, in fact the Ring after lending it to Tom), Tom immediately notices the invisible hobbit sneaking off:

“‘Hey there!’ cried Tom, glancing towards [Frodo] with a most seeing look in his shining eyes. ‘Hey! Come Frodo, there! Where be you a-going? Old Tom Bombadil’s not as blind as that yet. Take off your golden ring!” (131)

Clearly, Tom is unaffected, personally or otherwise, by the Ring. And he is the only character in the whole of the novel to have this ostensible immunity to the Ring. It is certainly a powerful being that holds this trait.

Yet what do we typically associate with power and wisdom? Perhaps visions of age-worn, rather tough and callous individuals spring to mind—yet this is not the case with Tom Bombadil. As I noted before, Tom has a rather affable, light-hearted personality. He is certainly not a man of affectation: no matter the circumstance nor the people involved, Tom is always in a joyous mood, singing and bouncing around (or at least disposed to do so). Tom is so happy-go-lucky because he has no concept of fear. Take the following examples: (1) he rescues the hobbits from the clutches of Old Man Willow as if he were reprimanding a child, not challenging a great evil; (2) he lives in the Old Forest, a place ripe with fearful beasts and about which tales of fright abound; (3) he saves the hobbits from a barrow-wight, coming with song and a spring in his step to one of the most dreadful and dangerous mishaps in the story. Take this quotation from “Fog on the Barrow-Downs,” for example:

“’You won’t find your clothes again,’ said Tom, bounding down from the mound, and laughing as he danced round them in the sunlight. One would have thought that nothing dangerous or dreadful had happened; and indeed the horror faded out of their hearts as they looked at him, and saw the merry glint in his eyes.” (140)

It is plain to note: where others would fear, Tom Bombadil does not. It is not even that Tom is simply not afraid, nor that he has overcome his fear; rather, he has no concept, no idea whatsoever, of fear. He is entirely composed of the good-natured, light-hearted fibers that render him capable of laughing in the very face of the One Ring.

And this lack of fear (especially with regards to the Ring) is unique. Gandalf certainly shows a sense of fear on many occasions: from his fear of entering Moria, to his fear of the Ring and the Enemy. Galadriel and Elrond both fear the Ring, for in either using it or keeping it hidden they know it will bring about their ruin. Even the Enemy is not free from the grasp of fear: when he learns of Aragorn’s return and the possibility of united opposition to him, Sauron begins to feel afraid. While the fear that all of these characters experience may differ in many ways, fear it is nonetheless. And it is exactly this sense of fear that Tom Bombadil does not possess.

There remains now just one last point regarding Tom’s character that I believe is worth noting: his repeated association with the earth. Frodo, the night the hobbits spend in Tom Bombadil’s house, has a vivid dream of

“a song that seemed to come like a pale light behind a grey rain-curtain, and growing stronger to turn the veil all to glass and silver, until at last it was rolled back, and a far green country opened before him under a swift sunrise.” (132)

This dream—a clear reference to Valinor—is interrupted: Frodo awakens to see “Tom whistling like a tree-full of birds” and he notes “the sun was already slanting down the hill…Outside everything was green and pale gold” (132). Here, we note Tom’s stark association with the earth or, perhaps more prominently, his dissociation from Valinor. Tom interrupts this dream (in essence, the thought that he may be associated with Valinor), and he immediately brings Frodo back to the earth: to the birds, trees, and green of the living, mortal earth. The notion that Tom is more an earthly, temporal being is quite important: it is vindicated by what we have learned of his age, and it will greatly help us in deciding what Tom is and isn’t.

Knowing what we do about Tom Bombadil now, we can move on to the second half of this task: discovering who Tom truly is. We will be looking at the main and other popular theories of this debate, and one by one, we will see which, if any of the pre-proposed categories, Tom fits. After thoroughly examining all options, then—and only then—will we be able to make a final conclusion. (And, if we are lucky, such a conclusion may not be that we will simply never know the answer.)

Is Tom…

A Man, Elf, Hobbit, Dwarf, etc?

Tom is decidedly not a member of any of the races or kindreds of Middle-earth. We can most certainly eliminate him from all such groups (especially from Men and Elves, which would be the two most likely groups) by noting his age (i.e. he was around before them), his physical characteristics (size, beard, etc.), and how the Ring does not affect him.

A Vala?

It is certainly difficult to claim that Tom is one of the great Powers of the World for many reasons. First, all fourteen of the Valar are accounted for, and Tom is not named among them. Second, as we noted before, Tom was living in Arda before the Valar (led by Morgoth) entered the world. Third, Tom refers to himself as “Eldest,” a title to which all the Valar are beholding, not just he (if indeed he were a Vala). Lastly, we know that Tom calls Morgoth “the Dark Lord” (as quoted above). It is hard to imagine any of the Valar referring to their greatest rival, the embodiment of Evil, by this name: certainly, the Valar reserved such reverence in the title “Lord” for Manwe alone. Additionally, fans over at The Encyclopedia of Arda have noted that characterize we would expect to note that Tom is a Vala (such as Gandalf, one of the Maiar), do not.

A Maiar?

This theory is, in some ways, a rather attractive one. We know, first of all, that not all of the Maiar were named by Tolkien—this, of course, allows for hypothesizing that Tom is indeed one of them. However, some good counterpoints contest this argument. First, Tom is unaffected by the Ring. We know for certain that other Maiar, from Gandalf to Sauron, were affected by the power and draw of the One Ring. Additionally, remember the total lack of a sense of fear we discussed before? Well, a sense of fear regarding the Ring (or its fate, for the Enemy) pervades the Maiar involved with this struggle. Yet such is not the case with Tom. Also, it is interesting to note how these Maiar are all allied, with one side or another, while Tom remains independent from the conflict.

The One?

Some have even pushed the idea that Tom is The One, Eru Ilúvatar. Yet for all the auspicious remarks made about Tom (how he is “eldest,” etc.), this theory does not hold water either. At the Council of Elrond, we learn many of the reasons why this theory is false. Gandalf states that “he cannot alter the Ring itself, nor break its power over others,” a trait that we would assume the mightiest being of them all, the creator himself, would possess (259). Glorfindel also comments on the idea of giving Tom the Ring to keep safe: “in the end, if all else is conquered, Bombadil will fall, Last as he was First” (259). The notion that Sauron and his folk could defeat Eru (indeed, the notion that Eru is even capable of being killed, defeated, or otherwise harmed) seems rather ridiculous. Furthermore, evidence from Tolkien himself puts a final end to this theory: in Letter 181, Tolkien explicitly states that there is no embodiment of Eru, who exists apart from the World entirely.

A Spirit?

In many of his earlier writings on what would become The Silmarillion (as collected by Christopher Tolkien in The Book of Lost Tales), Tolkien had a concept of Middle-earth as much more similar to his idea of Faerie. Originally, many spirits and sprites (of all kinds and names) entered the World just as the Ainur did—and this notion was not entirely lost in the final published form of The Silmarillion. It is an attractive theory (for many reasons) to say that Tom is a sort of spirit.

The best route to take within this theory is to propose that Tom is a “nature spirit” (perhaps even a “Father Nature,” if you like). First, it makes sense that Tom would come from the Music of the Ainur—this is in accord with his inhabiting Arda from the very beginning. Second, the notion that spirits exist in nature is evident in Middle-earth: from Ents to Old Man Willow to the great prevalence of personification, nature is much more “alive” in Middle-earth than we take it to be. As noted before, Tom is starkly associated with nature and the earth. The way he lives so harmoniously with bird and beast (and how he seems to command nature in his dealings with Old Man Willow) certainly supports this theory. Additionally, we know that Tom is not concerned with the Ring (Gandalf notes that “he would not have come” to the Council of Elrond, and we noted before how remains “unallied” despite the times). He, actually, shows a total disconnect from the affairs of all other human-like beings; he is, rather, concerned only with the natural world. Tom’s neutrality greatly parallels the neutrality that we prescribe to nature. Since we, as fans, do accept the existence and the role of Ents such as Treebeard, I believe making the jump from a natural “spirit of nature” to a man embodying the “spirit of nature” is not so difficult nor controversial. Yet still, we must ask ourselves why, then, does the Ring not affect Tom, when it can certainly affect other aspects of the natural order?

An Incarnation of the Music of Ainur?

This theory is rather unique, and more recently developed than the others. Basically, we know that of all the above theories, only the notion that Tom is a “nature spirit” is relatively sound; branching from that theory, a fan known only as “Ranger from the North” developed a theory in which he posits Tom is “the incarnated spirit of the Music of the Ainur.” The “Ranger” notes two flaws with the basic “nature spirit” argument: first, Tom is not most closely associated with nature (he, personally, shows this discord by fighting against Old Man Willow and the darkness of the Forest); second, Tom is, however, associated with song and music throughout (the way in which he fights nature, for example, is with song). So, it is agreed upon by many (and I am of the same opinion) that Tom is, in fact, a spirit (an incarnate/embodiment) of sorts (i.e. that he has some relation to the Music). The question now becomes whether or not you believe he is more closely related to nature or to the Music itself.

“Ranger from the North” makes a stellar case for the latter. First, he works with the evidence from the “nature spirit” theory, showing how entirely probable the existence of other, extraneous spirits/beings is in Tolkien’s cosmology. Second, he shows how Arda itself is not the incarnation of the Music, distinguishing Middle-earth from the means by which it was created. Then, the “Ranger” makes a very clever comparison between Ungoliant and Bombadil: he notes how, since Ungoliant exists in many ways as an incarnation of the discord of the Music, she parallels Tom; these two are, he says, antitheses, and should be considered in the same way. Just as Ungoliant embodies the evil and darkness with which she was made, so too does Tom embody the light and happiness of the source of his creation. The “Ranger,” additionally, notes a detail of paramount importance: Tom’s name is not all it appears. Certainly, we hear “Tom” and think of our odd uncle or younger brother—yet such is not the case, says the “Ranger.” He notes the story of the great gong Tombo in the Unfinished Tales—coincidence that “t-o-m-b-o” are the first six letters of Tom Bombadil? Is it also coincidental that we find yet another association between Tom and music here? I think not.

The “Ranger from the North” has written extensively on his theory, and I seek not to describe all of his arguments. If you would like a much more detailed and thorough examination of the Music of the Ainur theory, I highly recommend reading what the “Ranger” himself has written here: http://www.whoistombombadil.blogspot.com/

So, we have reached the end of our journey through the “Bombadil Problem.” We have examined the arguments, waded through confusion, sorted out messes, and procured evidence. It is, in my opinion, certain that we must continue to think of Tom as unique, that we must give credit to the enigma that he (intentionally) is. The true “Master” here is perhaps the Professor himself: the truly contradictory nature of this enigma—his simplicity in character and simultaneous complexity in literature—was well crafted. The mystery of Tom reaches far back into the deeps of Tolkien’s mythology, and roots may be found stretching back to the Professor’s first tales of Faerie. While the “riddle, wrapped in a mystery, inside an enigma” that we call Tom Bombadil will continue to challenge us, so too will it excite us. For through continued debate and discussion, we return time and again to the tales and stories we hold so dear, pouring of pages for hours, scouring word-by-word for some secret hint, trying to piece the puzzle back together. We know that the mystery about Tom was intentionally crafted, and that the Professor may have taken the truth about this character and his own motives in designing him to the grave, yet our drive to uncover more about this most enigmatic of beings is not diminished—why? Perhaps it is precisely because of Tom’s nature that we are fascinated by him: in a Middle-earth so divided by light and dark, good and evil (i.e. clear answers to the “who” and “what”), Tom exists as an uncommitted, uncategorized blank slate. He is the one being so open to interpretation, so predisposed to our imagination, so designed for our wondering. It is not surprising that we love Tom so much, that we pursue this debate so tirelessly, because we each craft our very own Tom Bombadil in our minds—and it is the Professor who intentionally left Tom open to such interpretation. Perhaps we can accept that Tom is simply a mystery—though, no doubt, we will continue discussing and searching for the “truth.”

All references to the text from:

The Lord of the Rings by JRR Tolkien, single-volume edition, Houghton Mifflin (HarperCollins), 2001 (1994 edition of the text)

More information about Tom Bombadil, as well as links to other arguments, can be found below:

1)      http://tolkiengateway.net/wiki/Tom_Bombadil/Nature

2)      http://www.glyphweb.com/arda/t/tombombadil.html

To mark this special anniversary we will have a lot of material to cover, and let’s all take a closer look at the Extended Edition of THE HOBBIT: AUJ that is coming out — so please bring your questions and comments to the chat!

We launch TORn TUESDAY every week at 5:00PM Pacific: brought to you by host Clifford “Quickbeam” Broadway and producer Justin “Nothing Up My Sleeve” Sewell — Our innovative live show includes worldwide fans who join us on the Live Event page with a built-in IRC chat (affectionately known as Barliman’s Chat room). Be part of the fun and mischief every week as we broadcast *live* from Meltdown Comics in the heart of Hollywood, U.S.A.!

And yes our YouTube channel will have this archived later.  You can find us on www.youtube.com/the1nering

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The literary legacy that members of the Tolkien Estate want to protect

By:  Brian Tither

Introduction

I think that the reason why some members of the Tolkien Estate have sued Saul Zaentz and its subsidiaries over JRR Tolkien’s literary legacy is because of their overriding concern for protecting that legacy above all else. In particular I think that this is the intention of Christopher and Priscilla Tolkien, the surviving children of Tolkien. And as a former student of Tolkien’s academic speciality in Old and Middle English and Old Icelandic in New Zealand I personally support this intention after being frustrated at The Hobbit production being only valued for the other Hollywood productions and tourist dollars that it may bring into New Zealand. I am also frustrated at the way a lot of the people involved in the production seem to only value it for its enhancement of their individual film projects.

The literary legacy of JRR Tolkien

Tolkien was the Professor of Anglo Saxon at Oxford University in the years that Christopher and Priscilla and their deceased brothers John and Michael were children and Tolkien would come home and tell them stories based on the literature that he was teaching at Oxford. This came from Old Icelandic texts like Voluspa, which describes the rise and fall of Midgard, the Old Icelandic Middle-earth, where Tolkien got his names for his Dwarves, and The Saga of the Volsungs, where Tolkien got his ideas for Bilbo’s encounters with Gollum and Smaug from the God Loki taking off Andvari the Dwarf a ring which causes problems for its bearers and Sigurd’s slaying of Fafnir the dragon, which are supplemented by similar things in the Old English poem Beowulf. This was also supplemented by Tolkien getting his ideas for Beorn, which translates as ‘warrior’ from Old English and as ‘bear’ from Old Icelandic, and Bilbo Baggins, which translates as ‘dweller in a dwelling in a bag’ from Middle English and ‘dweller with a sword from ones in a bag’ from Old English, from characters such as Bodvar Bjarki, which translates as ‘the bear warrior’, and Hott Hjalti, which translates as ‘the small sword hilt’, from The Saga of King Hrolf Kraki, where Hott’s parents are described as living in what appears to be a house built in a hole in the ground.

Given that the name Hott and the Old English word holbytla for ‘hole-builder’ conflate together as hobbit, which means ‘small hole-builder’, and given the oral tradition that developed between Tolkien and his children, it is easy to see how Tolkien took it a step further with his children and got them to help him with creating a story from him one day writing down the words: ‘In a hole in the ground there lived a hobbit’. And from there the story developed as an oral tradition between them until Tolkien decided to write it down in a manuscript and this was published as The Hobbit some years later after he happened to show it to someone who recommended that he got it published. Then he wrote The Lord of the Rings, in which he referred to the mythology, later published as The Silmarillion, that he had been creating since before his children were born, while incorporating a character that he and his children devised from a doll that they owned, which they named Tom Bombadil.

The legacy of the Tolkien Estate

But the story of his children’s involvement did not stop there because Tolkien consulted Christopher on virtually every turn of The Lord of the Rings as he wrote it, while Christopher went on to become a university lecturer in Old and Middle English and Old Icelandic as well. Then when Tolkien passed away he had Christopher appointed as his literary executor and charged him to complete The Silmarillion, which Christopher did. And he also appointed him with John, Michael and Priscilla to take care of other estate matters as well.

This included taking care of matters regarding his selling off the film rights to the books to Saul Zaentz, which Tolkien did to cover the high inheritance taxes that the books accrued upon his death, all which grew out of his experiences with being swamped by the royalty taxes that he had to pay due to the sale of the books from the popularity that he did not anticipate for them. And this included the estate ensuring that Saul Zaentz and its subsidiaries did not step out of parameters that were set by Tolkien to protect the literary legacy of his works, which by implication stretched into his academic speciality to the original texts where he got his ideas from that have no copyright on them. And this experience grew out of seeing what Walt Disney did to the works of the Grimm’s Brothers the latter who Tolkien had a particular affinity for because the Grimm’s brothers also created philological principles, which Tolkien applied in his academia and works. Hence Tolkien did not want to see tangible things like this in his works being turned into intangible things like theme parks, which by implication extends into things like video games and gambling outlets such as slot machines.

And there is a need to protect this literary legacy if this literature is not to become something only valued by the money that people might make out of it at the expense of accessing that literature to many. And one of the things that I have been perturbed about as a student of Old and Middle English and Old Icelandic is experiencing both The Lord of the Rings and The Hobbit productions consulting linguistic and Old and Middle English and Old Icelandic experts for the purpose of developing the movies without considering how such expertise comes from the collective intellectual property of teachers and students in these specialities, even though such intellectual property was strangely fused with Hollywood action movie conventions in the films. And possibly this is why The Hobbit movies have so far not had such experts promoting them like The Lord of the Rings movies had, which probably made it expedient for the first trilogy of movies to be nominated for Oscars in categories like Best Director and Best Film, which they won on the third movie, while the second trilogy so far has not received any such nominations.

The valuation of the legacy in New Zealand

Meanwhile, as I said above, The Hobbit movies have been only valued as a means to bring more Hollywood productions and tourist dollars into New Zealand and it has been seen by people involved in the production as only a means to develop their individual film projects. The latter was made clear to me in October 2010 when allegedly there was industrial action going on which was allegedly having Warner Brothers considering moving the production elsewhere. The impression I got then from such individuals was that if the production went offshore it would severely jeopardise their projects, which was enhanced to me by someone who spoke at The Hobbit rally, which occurred a few days before Warner Brothers decided to keep the production in New Zealand. This person referred to how The Lord of the Rings production created a community of filmmakers, which has left me the impression that this community has been dependent on both that and The Hobbit production for its existence.

Consequently I have decided that I will only support the film projects of individuals involved in these productions if they demonstrate to me sufficient appreciation for the intellectual property that was drawn on for these productions. And for me the benchmark that has been set for that is that shown to me by a prominent New Zealand Maori writer, some of whose works have been turned into films, who supported the teaching of Old and Middle English and Old Icelandic at the New Zealand university that he used to work for. He also left me with the impression that the term ‘Middle-earth’ should not be used as a means for cultural groups to promote their culture to gain tourist dollars without acknowledging the culture that Middle-earth comes from as Tolkien acknowledged and intended it, who said Middle-earth was a use of the Middle English middel-erde, which derived from the Old English Middangeard and is thus related to the Old Icelandic Midgard.

Meanwhile, universities have had to cut their Old and Middle English and Old Icelandic courses even when they have had a reasonable number of students doing them due to a reallocation of university funding from a government who has used The Hobbit production so far for political gain. And I think that this is abysmal given the free promotion that The Lord of the Rings movies got from the New Zealand experts in these specialities through public lectures that they delivered like other experts in the specialities in other places in the world on the release of each movie, which if it had of been picked up on by The Hobbit production might have meant that the media surrounding the movies would have been less focussed on the apparent lack of material in the first Hobbit movie and the technology used, which not all the movie viewers were happy with.

The actual legacy in New Zealand

Also, for the New Zealand world premiere of the first Hobbit movie such experts could have highlighted how it was part of New Zealand’s culture and heritage that our education system produced Kenneth Sisam, a graduate of both Auckland and Oxford Universities, who was Tolkien’s New Zealand born tutor when Tolkien first started learning these specialities. Sisam introduced texts to Tolkien that Tolkien said that he had previously never heard of before, which included the Old English poem Crist, which had words in it translated as: ‘Hail Earendil, brightest of angels/ above the middle-earth sent unto men’. This led to the first draft of the poem of Earendil the mariner that Bilbo sings in Rivendell the night before the Council of Elrond in The Lord of the Rings, which, in turn, Tolkien wrote after his first year of having Sisam as his first tutor, which was the beginning point of his legendarium.

In addition, these New Zealand specialists could have also highlighted how Tolkien alluded in his valedictory address, when retiring from being Professor of English language and literature, to the contribution that New Zealanders (and Australians) made to the Oxford School of English and the close contest which he had with Sisam for Professor of Anglo Saxon. The latter was also referred to in an interview just before the first Lord of the Rings movie’s release with an English born former lecturer in the speciality at a New Zealand university who was at Oxford when Tolkien was Professor there at the time the book was published who said that most undergraduates thought that Sisam should have been Professor.

Conclusion

This lecturer also told my classmates and me that the undergraduates at Oxford formed the basis for the Hobbits in Tolkien’s legendarium, them being derived from the undergraduates living in study groups with a tutor and a servant called a scout who looked after their personal needs assigned to each group. That is, Frodo Baggins and his cousins were based on the undergraduates, Bilbo Baggins on the tutor and Samwise Gamgee on the scout. And hence, whereas The Hobbit was something derived by Tolkien from his telling of stories to his children based on his academia, The Lord of the Rings was derived from his actual teaching of that academia. And I experienced an evolved version of that at university from a former PhD graduate of Oxford who got some of her Bilbos to teach Sams like me our letters like Bilbo does for Sam in the book. And according to one of those Bilbos my classmates and I are the envy of many who learn these letters around the world for having had this lecturer as a teacher, which is a sure foot in the door for any of her Frodos into universities such as Oxford and Cambridge. And it is such legacies that Christopher and Priscilla Tolkien are concerned with protecting knowing full well that without it their father’s legendarium would not even exist.

Brian lives in Wellington New Zealand on the main drag to both Victoria University where he was he was taught Old and Middle English and Old Icelandic at undergraduate level by an Oxford University PhD graduate and the Embassy Theatre where the red carpet rolled out for all New Zealand premieres for The Lord of the Rings and The Hobbit movies. He goes under the pen name of Brian Boru, which refers to his family descent from a famous Gaelic warrior-king of a millenium ago called Brian Boroimhe who is part of a Gaelic literary canon that he also wants to study.

Everyone gather round for our weekly live webcast TORnTUESDAY! We have some great footage from our livestream at San Diego Comic-Con and above all we have coverage of the final days of shooting THE HOBBIT films down in New Zealand.  They just completed all their photography a couple of days ago.

We will have lots of mischief today — so please bring your questions and comments to the chat!

We launch TORn TUESDAY every week at 5:00PM Pacific: brought to you by host Clifford “Quickbeam” Broadway and producer Justin “I Make Damn Good Shirts” Sewell — Our innovative live show includes worldwide fans who join us on the Live Event page with a built-in IRC chat (affectionately known as Barliman’s Chat room). Be part of the fun and mischief every week as we broadcast *live* from Meltdown Comics in the heart of Hollywood, U.S.A.!

And yes our YouTube channel will have this archived later.  You can find us on www.youtube.com/the1nering

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Spider named Cetenus monaghani after Dominic Monaghan.

Dr. Peter Jäger, expert consultant to the nature television show “Wild Things with Dominic Monaghan,” discovered a new spider and named it after “Lord of the Rings” actor Monaghan. As most readers of TORn will already know, Monaghan was Merry in Peter Jackson’s adaptation of J.R.R. Tolkien’s novel and also stars on the TV show Jäger is a consultant for (Monaghan was also narrator for our very own documentary feature RINGERS: Lord of the Fans). In a story reported by Science 2.0, the scientist explains his naming choice:

“He places nature in the foreground in a very special manner,” says Jäger, when explaining the dedication of the new spider species. The spider expert also appeared in front of the camera with the actor in a river cave when Monaghan got to meet his eight-legged namesake in its natural habitat.

As the scientist who discovered the creature, he is given the honor of naming it and he gave Monaghan the honor of lending his last name to its official scientific denotation (you’ll remember this ‘binomial nomenclature’ from your High School Science class), Ctenus monaghani, with Ctenus as the species genus with monaghani denoting Monaghan’s passion for species that may be less popular among humans. Thanks to spy Fritzi-M for bringing this to our attention.

The official citation provided by the story:

Citation: JÄGER, P. (2013) Ctenus monaghani spec. nov., a nocturnal hunter from the forest floor in Laos (Araneae: Ctenidae) — Zootaxa 3670 (1): 091–093 dx.doi.org/10.11646/zootaxa.3670.1

Discover more about Dom’s show on the official BBC America site here!

I promise a fantastic and off-the-cuff show today — so please bring your questions and comments to the chat!

We launch TORn TUESDAY every week at 5:00PM Pacific: brought to you by host Clifford “Quickbeam” Broadway and producer Justin “Up All Night To Get Lucky” Sewell — Our innovative live show includes worldwide fans who join us on the Live Event page with a built-in IRC chat (affectionately known as Barliman’s Chat room). Be part of the fun and mischief every week as we broadcast *live* from Meltdown Comics in the heart of Hollywood, U.S.A.!

And yes our YouTube channel will have this archived later.  You can find us on www.youtube.com/the1nering

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Follow us on Twitter:  @theoneringnet

Follow Cliff Broadway:  @quickbeam2000

Like us on Facebook:  www.facebook.com/theoneringnet

Last year, Warner Bros. really pushed The Hobbit: An Unexpected Journey into orbit with video games, 16 Lenticular posters, free Acorn button pins, and a massive panel with The Hobbit the clear headliner. This year, because Peter Jackson is not sending cast or video content, it is left to vendors such as WETA, Bridge Direct, Sideshow and Badali Jewelry, along with TheOneRing.net to bring share the Hobbit love. It was clear by the lines at the WETA booth that this was not going to be a tough sell, they nearly sold out of the day’s allotment of Smaug’s Eye exclusive T-shirts, so if you missed that shirt last night, be sure to head over there first thing this morning. In addition to the Smaug’s Eye shirt, WETA unveiled some pretty cool new items, and has another big figure dominating the exhibit hall floor.

Two of the new items are of Thranduil and Tauriel, both in action stances, while the dominating figure is that of Azog in full attack mod. The detail that I had never picked up while watching the film is that his loin cloth has faces on it, now we know where the ‘Defiler’ nickname comes from. A few of WETA’s artists were signing books during the evening, which was a nice bonus, since they weren’t really scheduled.

And lest you think staffers from TheOneRing.net do nothing but talk and work Tolkien all day long, here are two other big aspects of this year’s SDCC. The first is from the Marvel booth, where it is clear that Thor is reigning all week long, while the second is from an Off-site event location called the Godzilla Encounter where guests get to feel what a Godzilla attack is really like. Seeing the King of Monster’s profile walking past your office window is Awesome!

Our Panel will be today, Thursday, July 18 at 5:30pm in room 6A. Remember to wear your Tolkien themed costumes or TORn T-Shirts (past or present) and show your Ringer pride. We have quite a few little surprises in store for you, so please do come on down and support your favorite 100% volunteer based fansite. And don’t forget to visit TheOneRing.net at the Badali Jewelry booth #532/534 or at WETA’s booth #3513B, you never know who you might run into.

Rob Kazinsky visting the WETA booth.

MAKING SENSE OF THE LATEST TOLKIEN LAWSUIT

By Douglas C. Kane

INTRODUCTION

As most here probably know, there is yet another litigation winding its way through the U.S. federal court system related to Tolkien’s Middle-earth subcreation.  This follows numerous past law suits and legal scuffles, including efforts by both the Tolkien Estate (the entity charged with protecting Tolkien’s literary legacy) and Middle-earth Enterprises (a division of the Saul Zaenz Company, which owns the film rights to The Lord of the Rings and The Hobbit and related rights, the exact scope of which is at the heart of this current litigation) to prevent third parties from making unauthorized use of the names, characters, places, and other material that they each respectively (and sometimes competingly) claim legal control over.  It also includes several past lawsuits against New Line, one by Peter Jackson himself, and others by actors and other individuals involved with the Lord of the Rings films who claimed that they were not paid the compensation that they were contractually due for their efforts on those films.  And, of course, it included the big one, the lawsuit by various individuals and entities related to the Tolkien Estate and Tolkien’s publisher against New Line alleging that the film company had failed to pay the royalties that it was due from the wildly successful films pursuant to the original agreement by which Tolkien had first sold the film rights, which was finally settled for an undisclosed (but clearly large) sum in September 2009.  That litigation was particularly of interest to fans of Tolkien and of Jackson’s Middle-earth films because, in addition to being about large sums of money, it also included a threat by the plaintiffs to stop further production on the films based on The Hobbit.  The settlement of that case removed that threat, and the current litigation does not threaten the productions in any direct way.  But it does have potentially dramatic long term ramifications regarding the future of the Tolkien-related universe.  The other big difference between this litigation and the previous Tolkien versus New Line case is that, unlike in that case in which it was all about whether New Line had failed to meet its legal obligations, in this case the two sides have competing claims against each other, each claiming that the other has acted in bad faith and infringed upon their rights.  The determination of who is right will go along ways towards defining what that future will be like.

The Claims

The lawsuit was initially filed on November 19, 2012 by the Tolkien Estate and related entities, as well as the publisher, Harper Collins and related entities (together referred to as “plaintiffs”, against Warner Brothers, New Line, and related entities (together referred to as “WB”) and most particularly Saul Zaentz and his Middle-earth Enterprises (usually referred to as “Zaentz” and together with WB referred to as “defendants”).  Interestingly, Christopher Tolkien is not a named plaintiff this time, but his sister Priscilla is, as a trustee of the Tolkien Trust. There is also entity entitled Fourth Age, Ltd., which was not a party to the last suit (it was actually formed in November 2011, well after that suit was settled). Although court records related to the lawsuit do not reflect this, according to U.K corporate records this entity actually changed its name on February 21, 2013, to Tolkien Estate, Ltd. Its directors include Tolkien family members Baillie Tolkien, Christopher Tolkien, Priscilla Tolkien, Simon Tolkien and Michael George Tolkien, as well as the Tolkien Estate attorney, Steven Andrew Maier.

Unlike the previous lawsuit, which alleged that New Line breached the original agreements selling the film rights by failing to make the royalty payments that those agreements require, the main complaint this time is copyright infringement.  There are two main activities that plaintiffs claim defendants infringe upon rights that plaintiff assert they still hold: (1) Lord of the Rings themed slot machines; and (2) online and downloadable video games. The basis of the claims is that the original agreement in which the film rights were sold only granted limited merchandising rights that cover “personal property that can physically be purchased,” and that these activities exceed the scope of those limited merchandising rights. The plaintiffs also claim that Zaentz has been infringing trademark rights. These disputes have been brewing for a long time, but apparently were brought to a head when one of the Estate’s attorneys received a “spam” email advertising the Lord of the Rings slot machines. Plaintiffs claim they have engaged in settlement discussions since 2010, to no avail, and that Zaentz has instead indicated that he intends to expand the merchandising.

The Counter-Claims

On January 18, 2013, Zaentz and WB each responded to the lawsuit by, in addition to denying the allegations, filing counterclaims for declaratory relief and for damages for breach of the implied covenant of good faith and fair dealing inherent in all contracts under U.S. law. They each subsequently filed amended counter-claims on March 11, 2013. These claims are essentially based on the argument that by filing their lawsuit, plaintiffs breached the implied covenant by repudiating the agreement granting the rights to defendants. Defendants cite correspondence going back to 1996 in which Harper Collins and the Estate’s attorney concede that Zaentz has the right to online video games based on The Hobbit and The Lord of the Rings. Perhaps most interesting, they cite a September 2010 “regrant” agreement in which the Estate confirms the rights held by Zaentz, and licenced to Warners/New Line. That must be the agreement that was referred to in Entertainment Weekly back in October 2010, in which Jackson was quoted as saying that one of the issues causing the delay in beginning production on the Hobbit films was negotiations with the Estate over rights issues. The interpretation of what that agreement actually says and means is clearly at the heart of this dispute.

The damages claim is based on the allegation that they entered into the “regrant” agreement in September 2010, and then the Estate immediately started complaining about actions that (at least in Zaentz and WB’s opinion), they had just agreed Zaentz and WB could do.  They assert that this “repudiation” of the agreement has prevented them from entering into “license agreements for online games and casino slot machines in connection with The Hobbit — a form of customary exploitation it previously had utilized in connection with the Lord of the Rings trilogy — which has harmed Warner both in the form of lost license revenue and also in decreased exposure for the Hobbit films.”

We are going to have a lot to discuss before our presentation! Bring your questions and comments to the chat!

We launch TORn TUESDAY every week at 5:00PM Pacific: brought to you by host Clifford “Quickbeam” Broadway and producer Justin “I’ll Read It Someday” Sewell — Our innovative live show includes worldwide fans who join us on the Live Event page with a built-in IRC chat (affectionately known as Barliman’s Chat room). Be part of the fun and mischief every week as we broadcast *live* from Meltdown Comics in the heart of Hollywood, U.S.A.!

And yes our YouTube channel will have this archived later.  You can find us on www.youtube.com/the1nering

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Follow us on Twitter:  @theoneringnet

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