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The Magic Cafe Forum Index » » Right or Wrong? » » Exposure & Ethics (0 Likes) Printer Friendly Version

Walking Bob
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I am a member of the Quad-Cities Magic Club and have noticed something interested for the last 3 years during our club auctions. One particular member buys up all the cheap magic videos and then sells them to schools and libraries. He is a book salesman so he has a number of conections. I these were intro type videos it would not bother me so much but many are very good magic tapes which contain information that many of us perform in our shows. I feel he is under cutting the area magic shops, exposing effects performed by fellow magicians just to make a few dollars. He is a member of the IBM mainly for the insurance and seems to have conscience about what he is doing. I am interested in the opinions of others on this topic. I have even considered contacting the IBM about the situation.

Any advice or opinions would be appreciated,

Walking Bob in Iowa
Josh the Superfluous
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Most of the videos state "NOT FOR RENTAL". Is that the same as a library?
What do you want in a site? "Honesty, integrity and decency." -Mike Doogan
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C. Loubard
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First off, reselling the book, software etc. is legal and falls under the first sale doctrine.

The first-sale doctrine is a limitation upon copyright that was recognized by the U.S. Supreme Court in 1908 and subsequently codified in the Copyright Act of 1976, 17 U.S.C. § 109. The doctrine of first sale allows the purchaser to transfer (i.e. sell or give away) a particular, lawfully made copy of the protected work without permission once it has been obtained. That means the distribution rights of a copyright holder end on that particular copy once the copy is sold.

Ethically, it is no different than selling any other book, software, or music CD.

Please do not make it an issue to magic only. If you are going to do it do it, be congruent with all aspects of your life, i.e. reselling a car, software, computer, tools, etc. Anything less is being hypocritical.
Josh the Superfluous
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He was not talking about the law. He was questioning the ethics in conjunction with his IBM membership. Legally the masked magician could have prime time specials every night. But I wouldn't want him to belong to a major magic organization, and do so. And I would expect to hear magicians troubled by it. Magic information is different than information regarding reselling a car, software, computer, tools, etc. Do you not know this? Your correct when you point out legally it's not. Are you saying every practice that falls under the law is ethical?
What do you want in a site? "Honesty, integrity and decency." -Mike Doogan
"I hate it, I hate my ironic lovechild. I didn't even have anything to do with it" Josh #2
C. Loubard
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First, not only did I state the legality but the ethics, as well

Quote:
Magic information is different than information regarding reselling a car, software, computer, tools, etc. Do you not know this?


really, how so?

Quote:
Are you saying every practice that falls under the law is ethical?


define ethical as it pertains to me... I will put down ten thousand dollars you can't.
Jonathan Townsend
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Quote:
On 2007-02-09 23:30, C. Loubard wrote:...Please do not make it an issue to magic only. ...


As magic is about secrets and the transmission of that data... I feel we have to make it specifically about magic.

HOWEVER, as long as we have magic offered in an open market and without even an implicit NDA/NC on the materials offered... the law (muggle law) determines right/wrong on this issue.
...to all the coins I've dropped here
C. Loubard
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That's my point Jonathan!
Josh the Superfluous
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Easiest $10,000 I've ever made:

http://www.devilducky.com/media/38544/
What do you want in a site? "Honesty, integrity and decency." -Mike Doogan
"I hate it, I hate my ironic lovechild. I didn't even have anything to do with it" Josh #2
Jonathan Townsend
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Quote:
On 2007-02-09 20:52, Walking Bob wrote:
I am a member of the Quad-Cities Magic Club ... One particular member buys up all the cheap magic videos and then sells them to schools and libraries. ...

Any advice or opinions would be appreciated,

Walking Bob in Iowa


Bob, first off I stronly suggest you ASK him his feelings about the information being made available to laymen. Also ask him his feelings about the "not for rental" notice on the videos.

Then if there are conflicts of interest (as he is exposing) between his behavior and his membership in the club, perhaps he could be expelled.
...to all the coins I've dropped here
edh
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I seriously doubt the IBM would take any action against this guy. If they did take action then wouldn't they also have to take action against all other persons selling secrets? If they don't then it's very hypocritical of them, wouldn't you think?

Your club can do something about it though.
Magic is a vanishing art.
mystic shriner
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I believe his name is Rick Eugene Brammer? I have edited my own post...he is a book salesman who offers free "magic shows" to his clients if they buy so many books....and three of his clients told me he was absolutely bad. Too bad, really.
Why doesn't the Magrum Ring (Quad Cities) ever post their "happenings" in the Linking Ring anymore?
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