Cory Doctorow - Makers

She began to write.

Something had changed between Kettlewell and Eva since they’d left Florida with the kids. It wasn’t just the legal hassles, though there were plenty of those. They’d gone to Florida with a second chance — a chance for him to be a mover again, a chance for her to have a husband who was happy with his life again.

Now he found himself sneaking past her when she was in the living room and they slept back to back in bed with as much room between them as possible.

Ada missed Lyenitchka and spent all her time in her bedroom IMing her friend or going questing with her in their favorite game, which involved Barbies, balrogs, and buying outfits. Pascal missed all the attention he had received as the designated mascot of the two little girls.

It was not a high point in the history of the Kettlewell clan.

“Hello?”

“Landon Kettlewell?”

“Hello, Freddy,” he said.

“My fame precedes me,” the journalist said. Kettlewell could hear the grin in his voice. That voice was unmistakable — Kettlewell had heard it in the occassional harassing voicemail that Suzanne forwarded on.

“How are you?”

“Oh, I’m very well sir, and kind of you to ask, yes indeed. I hear you’re not doing so well, though?”

“I can’t complain.”

“I wish you would, though.” You could tell, Freddy thought he was a funny son of a bitch. “Seriously, Mr Kettlewell. I’m calling to follow up on the story of the litigation that Perry Gibbons and Lester Banks are facing for unilaterally canceling the arrangement you’d made to finance their litigation. I’m hoping that you’ll give me a quote that might put this into perspective. Is the defense off? Will Gibbons and Banks be sued? Are you a party to the suit?”

“Freddy?”

“Yes, Mr Kettlewell.”

“I am not a child, nor am I a fool, nor am I a sucker. I’m also not a hothead. You can’t goad me into saying something. You can’t trick me into saying something. I haven’t hung up on you yet, but I will unless you can give me a single good reason to believe that any good could possibly come out of talking to you.”

“I’m going to write this story and publish it today. I can either write that you declined to comment or I can write down whatever comment you might have on the matter. You tell me which is fairer?”

“Goodbye, Freddy.”

“Wait, wait! Just wait.”

Kettlewell liked the pleading note in Freddy’s voice.

“What is it, Freddy?”

“Can I get you to comment on the general idea of litigation investment? A lot of people followed your lead in seeking out litigation investment opportunities. There’s lots of money tied up in it these days. Do incidents like the one in Florida mean that litigation investment is a dead strategy?”

“Of course not,” Kettlewell snapped. He shouldn’t be talking to this man, but the question drove him bonkers. He’d invented litigation investment. “Those big old companies have two common characteristics: they’ve accumulated more assets than they know what to do with, and they’ve got poisonous, monopolistic cultures that reward executives who break the law to help the company turn a buck. None of that’s changed, and so long as that’s all true, there will be little companies with legit gripes against big companies that can be used as investment vehicles for unlocking all that dead Fortune 100 capital and putting it to work.”

“But aren’t Fortune 100 companies investing in litigation funds?”

Kettlewell suppressed a nasty laugh. “Yeah, so what?”

“Well, if this is about destroying Fortune 100 companies — ”

“It’s about wringing positive social value out of the courts and out of investment. The way it used to work, there were only two possible outcomes when a big company did something rotten: either they’d get away scot-free or they’d make some lawyers very, very rich. Litigation funds fix that. They socialize the cost of bringing big companies to heel, and they free up the capital that these big companies have accumulated.”

“But when a big company invests in destroying another big company — ”

“Sometimes you get a forest where a few trees end up winning, they form a canopy that keeps all the sunlight from reaching the floor. Now, this is stable for forests, but stability is the last thing you want in a market. Just look at what happens when one of those big trees falls over: whoosh! A million kinds of life are spawned on the floor, fighting for the light that tree had hogged for itself. In a market, when you topple a company that’s come to complacently control some part of the ecosystem, you free up that niche for new innovators.”

“And why is that better than stability? Don’t the workers at these companies deserve the security that comes from their employers’ survival?”

“Oh come on, Freddy. Stop beating that drum. If you’re an employee and you want to get a good deal out of an employer, you’re better off if you’ve got fifty companies you could work for than just one.”

“So you’re saying that if you destroy Disney with your lawsuit, the fifty thousand people who work at Walt Disney World will be able to, what, work for those little rides like your friends have built?”

“They’ll find lots of work, Freddy. If we make it possible for anyone to open an innovative little ride without worrying about getting clobbered by a big old monopolist. You like big corporations so much?”

“Yes, but it’s not little innovative startups that invest in these funds, is it?”

“It’s they who benefit once the fund takes up their cause.”

“And how’s that working out for the ride people you’re meant to be helping out? They rejected you, didn’t they?”

Kettlewell really hated Freddy, he realized. Not just a little — he had a deep and genuine loathing. “Oh, for fuck’s sake. You don’t like little companies. You don’t like big companies. You don’t like workers’ co-ops. What do you want us to do, Freddy? You want us to just curl up under a rock and die? You sit there and make up your funny names for things; you make your snarky little commentaries, but how much good have you done for the world, you complaining, sniping little troll?”

The line got very quiet. “Can I quote you?”

“You certainly can,” Kettlewell huffed. In for a penny, in for a pound. “You can print that, and you can kiss my ass.”

“Thank you, Mr Kettlewell,” Freddy said. “I’ll certainly take the suggestion under advisement.”

Kettlewell stood in his home office and stared at the four walls. Upstairs, Pascal was crying. He did that a lot lately. Kettlewell breathed deeply and tried to chill out.

Someone was knocking at his door, though. He answered it tentatively. The kid he found there was well-scrubbed, black, in his twenties, and smiling amiably.

“Landon Kettlewell?”

“Who’s suing me?” Kettlewell could spot a process server a mile away.

The guy shrugged and made a little you-got-me smile. “Couldn’t say, sir,” he said, and handed Kettlewell the envelope, holding it so that the header was clearly visible to the camera set into the lapel of his shirt.

“You want me to sign something?” Kettlewell said.

“It’s all right, sir,” the kid said and pointed at the camera. “It’s all caught on video.”

“Oh, right,” Kettlewell said. “Want a cup of water? Coffee?”

“I expect you’re going to be too busy to entertain, sir,” the kid said, and ticked a little salute off his forehead. “But you seem like a nice guy. Good luck with it all.”

Kettlewell watched him go, then closed the door and walked back to his office, opening the envelope and scanning it. No surprises there — the shareholders in the investment syndicate that had backed Lester and Perry were suing him for making false representations about his ability to speak for them.