Why is everyone so sure that a Birnman book is an impossibility? From looking at posts made on this forum, it appears that a person was given a contract to publish a book. If the contract has expired or was voided, another party can publish the book (the material is in the hands of more than one person). Of course, no one is doing a lot of book publishing, as, in magic, it seems to be going the way of the audio cassette.
My limited understanding of this mess, the part people seem to agree on, is this: Birnman was a good person and a talent. It would be awful if his wish for a book, his legacy, did not materialize, especially since it has apparently been written. My affection for magic is based largely on affection for the train of contributors to this odd area of entertainment. It would be a shame if this situation was never dealt with, and problems ironed out.