Last night, we read the story of two men with a group called
Pirates With Attitude ("PWA").
The Feds (as opposed to the "Well-Fed," which describes us) claimed that the PWA folks were hacking software to take of the copy protection and thus allowed anyone on the Internet to download the software for free.
This was premium software. PWA thought that because they did not charge for the downloads, they shouldn't be prosecuted of theft.
The Seventh Circuit Court of Appeals disagreed.
They stole, they got caught and now they go to jail.
It got us thinking -- it could happen -- of a novel method to protect magic inventors intellectual property.
We don't know why this idea hasn't been suggested before – perhaps because it is either too obvious or unworkable.
We, as magic-consumers, and we, as magic dealers/manufacturers, could be honest about what we are buying.
We live on the east side of Mystic Hollow, Michigan and those familiar with the neighborhood, know it has its seedy side.
The least offensive or dangerous character wandering our realm is the guy in the tan, non-descript Chevrolet Astro Van.
We think the Van Man's selling skills must be week. He cannot afford to upgrade his wheels to something made in this century. Or maybe his customers recognize him by the van. Either way, the Van Man won't get out of his home on wheels unless you give him the nod.
He hasn't changed his van, his sales methods, or toothbrush in the 15 years we've seen him work for customers.
As residents stroll along the tree-lined boulevards of Mystic Hollow, the Van Man slowly pulls astride from a safe distance in the roadway. Once he has your attention, the Van Man politely inquires whether you might be interested in stereo equipment or, and this is a recent addition, video games and consoles.
Mr. Van Man offered us a system he claimed cost in excess of $2,500.00 in the stores. (We've since checked the actual retail price for the products offered: it priced out at just under $2,000.00 -- close enough).
His price for the system? A mere $200.00 -- cash.
Is it better to avoid temptation or to withstand its attraction? We didn't have $20.00 much less $200.00.
We're not noble, just poor.
Still, we'd like to think that if we had the cash, we would righteously reject the offer.
Of course, we can also be convinced we would maintain our vow (involuntary) of celibacy if Lindsay Lohan started stalking.
We think it was that dad character in Hamlet who said to his son, ". . . [a]nd this above all, to thine own self be true." Of course he got stabbed through the curtain and the two guys his son was leaving to find were dead. True Dat.
Let's return to the theme of this article: temptation, noble causes, and temptation causing us to be less than noble.
We asked Mr. Van Man his source for the deeply discounted product.
"Where'd you get it?"
"Why?" he asked quickly but without an irritated tone.
Mr. Van Man probably didn't make us for a law-enforcement officer but looked us over quickly; perhaps out of habit.
"Just wondering," we said.
"I have a friend who had a store that went out of business and they didn't get a last pay check -- they were allowed to take some of the stock. He needed money, not stereo equipment, so he sold it to me." So far the story sounded possible. Michigan is in the midst of a pretty bad economic downturn.
Mr. Van Man continued, "I was just driving home and then I remembered my wife's gonna kill me if she hears I helped my friend out or that I spent all that money on this stuff."
If we ignored the fact that Mr. Van Man is an institution on the East Side of Mystic Hollow, this was a plausible story.
Sure, that could be the case.
It is possible Mr. Van Man's recently fired buddy needed help; Mr. Van Man helped him out but now had buyer's remorse.
It was as our feeble brain considered the situation that we became enlightened.
Mr. Van Man's plausible story was likely not the truth; but it was plausible.
We would never knowingly buy stolen goods. But perhaps we are evil enough to buy stolen goods if we have a convenient or plausible explanation for the incredible opportunity.
There is a saying amongst the farmers south of Mystic Hollow, "Let's get down to the Lick-Log." The Lick-Log is a salt or sugar encrusted piece of wood tossed into the pens of some animals to keep them happy. Eventually, the sugar or salt is gone and you're left with a log.
At its most basic level, Mr. Van Man was hoping to make us a fence for the stolen goods and to sweeten the deal, he would throw in the soul assuaging, plausible explanation.
Michigan codified the statute years before our encounter with Mr. Van Man. A "fence" or possessor of stolen goods of more than $500.00 in value is guilty of a felony and subject to more than a year in prison.
So, where is the Magic Lick-Log? Was Mr. Van Man selling magic tricks as well as stereo equipment? What is the relevance of this story? Is it possible people searching Google for "Lick" and "Log" will find this story and wonder why they were directed to a magic news site?
The application to our current crisis in Magic isn't that difficult -- but that doesn't mean we can't write about it a very confusing and convoluted manner.
Let's divide magicians and manufacturers into a few categories:
First: brand-new magicians without any experience or knowledge of the craft's history;
Second: magicians with some knowledge of both the market place and the recent magic history;
Third: manufacturers or dealers just starting out in the business (such as a mom and pop shop); and,
Fourth: experienced manufacturers or dealers.
We want to encourage young people to get into our wonderful art form.
The new magician is unlikely to purchase a counterfeit version of David Copperfield's latest illusion.
The rookie magi will probably find satisfaction practicing Cups-and-Balls, Chinese Sticks, or Cut-and-Restored Rope.
For the most part, novice magicians will purchase effects in magic's version of the public domain.
The amateur or semi-professional or professional magician should not receive the same benefit of the doubt extended to beginners.
A magician at this level knows or should know certain tricks are not in the public domain. They may not know the true inventor but they can discern those tricks we've had in our craft for decades versus a more recent entry into the commercial magic market.
A "real" magic shop always has the hand-written sign, "No Refunds. The Secret Is Told When the Trick Is Sold." It is de rigueur in the magic shop cohab.
We'll venture out onto a sturdy limb to suggest all magicians know this maxim.
When we bought Jerry Andrus' Linking Pins we didn't really expect the cost of the five (?) safety pins made up most of the $25.00 price. We were buying the secret. We were paying for Mr. Andrus' innovative routine and secret.
Are you still with us? Let's review. If you're a new magician, you probably don't know any better. If you're a professional or semi-professional you do know or should know whether a trick is in the public domain or the property of a magic inventor.
Karl Marx said if one was going to object to his economic philosophy, they would have to object to his most basic premises. Once you accept the premises, he said, the philosophy and structure is logical and invulnerable to attack.
So if you accept our premise that we have responsibility for acting in an ethical manner, you are ready for our logical exploration.
The experienced magician knows or should know that the price tag reflects not the raw materials but the innovation of the trick's inventor.
We are not audiophiles but we generally know when something is too good to be true.
(We're definitely not any kind of audiophile but we almost were, we think. Eight years ago, we sort of made out with a person at a family reunion who we kind of thought was our cousin but it turned out we were wrong. So, we didn't really do anything wrong after all. Our true cousin was really angry when we told her the story though. She couldn't see any similarity between her and the 82 year-old man rummaging through the trash cans).
If we bought the stereo equipment, Mr. Van Man would get a windfall and we'd get a stereo system at a crazy price. The true owner of the equipment would get zip.
So didn't we have a duty to the victim of Mr. Van Man's theft?
Sure. And not just because we didn't want to break the law. It was more than illegal, it was wrong.
We sleep with a loaded .38 under our pillow and our arm wrapped around our 22 year-old Sony Betamax Video Player. We'd hate to lose the machine. Sure, we don't really sleep that well -- we're worried we'll fire the gun while dreaming about being fitted for a new bowling ball -- but the Betamax has value to us. It may not command much on the street but it means something special to us.
(By the way, have you noticed there are less and less tapes available for the Beta format? We haven't seen a new release since The Daring Dobermans Go To France).
You protest.
Hey Mr. Moral, who are you to judge whether a seller is legitimate?
What if they have a plausible case for claiming the right to sell a particular trick, isn't that good enough?
How is a simple magician to know the true owner or inventor of every trick I want to purchase. I don't live at the Magic Castle or breathe the rarified air of the elite historians. I am just trying to make it month to month and have to shop solely on price.
We can't judge you or your motives. We can tell you, however, purchasing magic based on price alone will often reward the thief and punish the inventor.
Let's head back to the Lick-Log for a second.
In your heart of hearts, your deepest self, you know you can discern knock-offs from authentic magic effects.
Whether shopping at a brick and mortar magic shop or on the internet, you know if there are two very similar versions of the same trick but with disparate price points, one of the two is the knock-off.
The salesperson or web site will probably not tell you the difference in price is because knock-offs cost him much less than the authentic version of the trick.
But you don't need that explanation. First because we're telling you here and now; and second, because if you possess the skills to use the internet or get to a magic shop, you have the innate intelligence required to discern something that is too good to be true.
Sure, it's possible the more expensive effect is a knock-off or even just a better quality version of the authentic version authorized by the inventor. We play the odds everyday in our real job and we're willing to bet great price disparity evidences a knock-off.
Test our theory. Pause before pushing the purchase button long enough to post an inquiry on Magic Café, the Genii Forum, SAM Talk, or the IBM Listserv. You will receive feedback almost instantly.
You can turn a blind eye to the issue but we all know not seeking the truth is ethically no better than doing what we know is wrong.
The manufacturer and dealers are held to a much higher level in our ethical model.
Whether a "mom and pop" magic store or a sophisticated magic dealer or manufacturer, the dealer/manufacturer knows or should know the history of the effect they are buying and selling to the magic public.
This is a radical concept. It is tough to measure, impossible to enforce, and there is no official body to sanction buyers or sellers who buy knock-offs. We have integrity and when the integrity fails to keep us honest, we should be able on the peer pressure and support of our magic brothers and sisters.
The costs are potentially very high if we ignore our ethical responsibility to inventors. Eventually, we will force the quality and innovation out of our art.
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