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Thursday, September 27, 2007

John Vanderslice has recently learned to enjoy America again. The singer-songwriter, who National Public Radio called “one of the most imaginative, prolific and consistently rewarding artists making music today,” found it through an unlikely source: his French girlfriend. “For the first time in my life I wouldn’t say I was defending the country but I was in this very strange position…”

Since breaking off from San Francisco local legends, mk Ultra, Vanderslice has produced six critically-acclaimed albums. His most recent, Emerald City, was released July 24th. Titled after the nickname given to the American-occupied Green Zone in Baghdad, it chronicles a world on the verge of imminent collapse under the weight of its own paranoia and loneliness. David Shankbone recently went to the Bowery Ballroom and spoke with Vanderslice about music, photography, touring and what makes a depressed liberal angry.

DS: How is the tour going?

JV: Great! I was just on the Wiki page for Inland Empire, and there is a great synopsis on the film. What’s on there is the best thing I have read about that film. The tour has been great. The thing with touring: say you are on vacation…let’s say you are doing an intense vacation. I went to Thailand alone, and there’s a part of you that just wants to go home. I don’t know what it is. I like to be home, but on tour there is a free floating anxiety that says: Go Home. Go Home.

DS: Anywhere, or just outside of the country?

JV: Anywhere. I want to be home in San Francisco, and I really do love being on tour, but there is almost like a homing beacon inside of me that is beeping and it creates a certain amount of anxiety.

DS: I can relate: You and I have moved around a lot, and we have a lot in common. Pranks, for one. David Bowie is another.

JV: Yeah, I saw that you like David Bowie on your MySpace.

DS: When I was in college I listened to him nonstop. Do you have a favorite album of his?

JV: I loved all the things from early to late seventies. Hunky Dory to Low to “Heroes” to Lodger. Low changed my life. The second I got was Hunky Dory, and the third was Diamond Dogs, which is a very underrated album. Then I got Ziggy Stardust and I was like, wow, this is important…this means something. There was tons of music I discovered in the seventh and eighth grade that I discovered, but I don’t love, respect and relate to it as much as I do Bowie. Especially Low…I was just on a panel with Steve Albini about how it has had a lot of impact.

DS: You said seventh and eighth grade. Were you always listening to people like Bowie or bands like the Velvets, or did you have an Eddie Murphy My Girl Wants to Party All the Time phase?

JV: The thing for me that was the uncool music, I had an older brother who was really into prog music, so it was like Gentle Giant and Yes and King Crimson and Genesis. All the new Genesis that was happening at the time was mind-blowing. Phil Collins‘s solo record…we had every single solo record, like the Mike Rutherford solo record.

DS: Do you shun that music now or is it still a part of you?

JV: Oh no, I appreciate all music. I’m an anti-snob. Last night when I was going to sleep I was watching Ocean’s Thirteen on my computer. It’s not like I always need to watch some super-fragmented, fucked-up art movie like Inland Empire. It’s part of how I relate to the audience. We end every night by going out into the audience and playing acoustically, directly, right in front of the audience, six inches away—that is part of my philosophy.

DS: Do you think New York or San Francisco suffers from artistic elitism more?

JV: I think because of the Internet that there is less and less elitism; everyone is into some little superstar on YouTube and everyone can now appreciate now Justin Timberlake. There is no need for factions. There is too much information, and I think the idea has broken down that some people…I mean, when was the last time you met someone who was into ska, or into punk, and they dressed the part? I don’t meet those people anymore.

DS: Everything is fusion now, like cuisine. It’s hard to find a purely French or purely Vietnamese restaurant.

JV: Exactly! When I was in high school there were factions. I remember the guys who listened to Black Flag. They looked the part! Like they were in theater.

DS: You still find some emos.

JV: Yes, I believe it. But even emo kids, compared to their older brethren, are so open-minded. I opened up for Sunny Day Real Estate and Pedro the Lion, and I did not find their fans to be the cliquish people that I feared, because I was never playing or marketed in the emo genre. I would say it’s because of the Internet.

DS: You could clearly create music that is more mainstream pop and be successful with it, but you choose a lot of very personal and political themes for your music. Are you ever tempted to put out a studio album geared toward the charts just to make some cash?

JV: I would say no. I’m definitely a capitalist, I was an econ major and I have no problem with making money, but I made a pact with myself very early on that I was only going to release music that was true to the voices and harmonic things I heard inside of me—that were honestly inside me—and I have never broken that pact. We just pulled two new songs from Emerald City because I didn’t feel they were exactly what I wanted to have on a record. Maybe I’m too stubborn or not capable of it, but I don’t think…part of the equation for me: this is a low stakes game, making indie music. Relative to the world, with the people I grew up with and where they are now and how much money they make. The money in indie music is a low stakes game from a financial perspective. So the one thing you can have as an indie artist is credibility, and when you burn your credibility, you are done, man. You can not recover from that. These years I have been true to myself, that’s all I have.

DS: Do you think Spoon burned their indie credibility for allowing their music to be used in commercials and by making more studio-oriented albums? They are one of my favorite bands, but they have come a long way from A Series of Sneaks and Girls Can Tell.

JV: They have, but no, I don’t think they’ve lost their credibility at all. I know those guys so well, and Brit and Jim are doing exactly the music they want to do. Brit owns his own studio, and they completely control their means of production, and they are very insulated by being on Merge, and I think their new album—and I bought Telephono when it came out—is as good as anything they have done.

DS: Do you think letting your music be used on commercials does not bring the credibility problem it once did? That used to be the line of demarcation–the whole Sting thing–that if you did commercials you sold out.

JV: Five years ago I would have said that it would have bothered me. It doesn’t bother me anymore. The thing is that bands have shrinking options for revenue streams, and sync deals and licensing, it’s like, man, you better be open to that idea. I remember when Spike Lee said, ‘Yeah, I did these Nike commercials, but it allowed me to do these other films that I wanted to make,’ and in some ways there is an article that Of Montreal and Spoon and other bands that have done sync deals have actually insulated themselves further from the difficulties of being a successful independent band, because they have had some income come in that have allowed them to stay put on labels where they are not being pushed around by anyone.

The ultimate problem—sort of like the only philosophical problem is suicide—the only philosophical problem is whether to be assigned to a major label because you are then going to have so much editorial input that it is probably going to really hurt what you are doing.

DS: Do you believe the only philosophical question is whether to commit suicide?

JV: Absolutely. I think the rest is internal chatter and if I logged and tried to counter the internal chatter I have inside my own brain there is no way I could match that.

DS: When you see artists like Pete Doherty or Amy Winehouse out on suicidal binges of drug use, what do you think as a musician? What do you get from what you see them go through in their personal lives and their music?

JV: The thing for me is they are profound iconic figures for me, and I don’t even know their music. I don’t know Winehouse or Doherty’s music, I just know that they are acting a very crucial, mythic part in our culture, and they might be doing it unknowingly.

DS: Glorification of drugs? The rock lifestyle?

JV: More like an out-of-control Id, completely unregulated personal relationships to the world in general. It’s not just drugs, it’s everything. It’s arguing and scratching people’s faces and driving on the wrong side of the road. Those are just the infractions that land them in jail. I think it might be unknowing, but in some ways they are beautiful figures for going that far off the deep end.

DS: As tragic figures?

JV: Yeah, as totally tragic figures. I appreciate that. I take no pleasure in saying that, but I also believe they are important. The figures that go outside—let’s say GG Allin or Penderetsky in the world of classical music—people who are so far outside of the normal boundaries of behavior and communication, it in some way enlarges the size of your landscape, and it’s beautiful. I know it sounds weird to say that, but it is.

DS: They are examples, as well. I recently covered for Wikinews the Iranian President speaking at Columbia and a student named Matt Glick told me that he supported the Iranian President speaking so that he could protest him, that if we don’t give a platform and voice for people, how can we say that they are wrong? I think it’s almost the same thing; they are beautiful as examples of how living a certain way can destroy you, and to look at them and say, “Don’t be that.”

JV: Absolutely, and let me tell you where I’m coming from. I don’t do drugs, I drink maybe three or four times a year. I don’t have any problematic relationship to drugs because there has been a history around me, like probably any musician or creative person, of just blinding array of drug abuse and problems. For me, I am a little bit of a control freak and I don’t have those issues. I just shut those doors. But I also understand and I am very sympathetic to someone who does not shut that door, but goes into that room and stays.

DS: Is it a problem for you to work with people who are using drugs?

JV: I would never work with them. It is a very selfish decision to make and usually those people are total energy vampires and they will take everything they can get from you. Again, this is all in theory…I love that stuff in theory. If Amy Winehouse was my girlfriend, I would probably not be very happy.

DS: Your latest CD is Emerald City and that is an allusion to the compound that we created in Baghdad. How has the current political client affected you in terms of your music?

JV: In some ways, both Pixel Revolt and Emerald City were born out of a recharged and re-energized position of my being….I was so beaten down after the 2000 election and after 9/11 and then the invasion of Iraq, Afghanistan; I was so depleted as a person after all that stuff happened, that I had to write my way out of it. I really had to write political songs because for me it is a way of making sense and processing what is going on. The question I’m asked all the time is do I think is a responsibility of people to write politically and I always say, My God, no. if you’re Morrissey, then you write Morrissey stuff. If you are Dan Bejar and Destroyer, then you are Dan Bejar and you are a fucking genius. Write about whatever it is you want to write about. But to get out of that hole I had to write about that.

DS: There are two times I felt deeply connected to New York City, and that was 9/11 and the re-election of George Bush. The depression of the city was palpable during both. I was in law school during the Iraq War, and then when Hurricane Katrina hit, we watched our countrymen debate the logic of rebuilding one of our most culturally significant cities, as we were funding almost without question the destruction of another country to then rebuild it, which seems less and less likely. Do you find it is difficult to enjoy living in America when you see all of these sorts of things going on, and the sort of arguments we have amongst ourselves as a people?

JV: I would say yes, absolutely, but one thing changed that was very strange: I fell in love with a French girl and the genesis of Emerald City was going through this visa process to get her into the country, which was through the State Department. In the middle of process we had her visa reviewed and everything shifted over to Homeland Security. All of my complicated feelings about this country became even more dour and complicated, because here was Homeland Security mailing me letters and all involved in my love life, and they were grilling my girlfriend in Paris and they were grilling me, and we couldn’t travel because she had a pending visa. In some strange ways the thing that changed everything was that we finally got the visa accepted and she came here. Now she is a Parisian girl, and it goes without saying that she despises America, and she would never have considered moving to America. So she moves here and is asking me almost breathlessly, How can you allow this to happen—

DS: –you, John Vanderslice, how can you allow this—

JV: –Me! Yes! So for the first time in my life I wouldn’t say I was defending the country but I was in this very strange position of saying, Listen, not that many people vote and the churches run fucking everything here, man. It’s like if you take out the evangelical Christian you have basically a progressive western European country. That’s all there is to it. But these people don’t vote, poor people don’t vote, there’s a complicated equation of extreme corruption and voter fraud here, and I found myself trying to rattle of all the reasons to her why I am personally not responsible, and it put me in a very interesting position. And then Sarkozy got elected in France and I watched her go through the same horrific thing that we’ve gone through here, and Sarkozy is a nut, man. This guy is a nut.

DS: But he doesn’t compare to George Bush or Dick Cheney. He’s almost a liberal by American standards.

JV: No, because their President doesn’t have much power. It’s interesting because he is a WAPO right-wing and he was very close to Le Pen and he was a card-carrying straight-up Nazi. I view Sarkozy as somewhat of a far-right candidate, especially in the context of French politics. He is dismantling everything. It’s all changing. The school system, the remnants of the socialized medical care system. The thing is he doesn’t have the foreign policy power that Bush does. Bush and Cheney have unprecedented amounts of power, and black budgets…I mean, come on, we’re spending half a trillion dollars in Iraq, and that’s just the money accounted for.

DS: What’s the reaction to you and your music when you play off the coasts?

JV: I would say good…

DS: Have you ever been Dixiechicked?

JV: No! I want to be! I would love to be, because then that means I’m really part of some fiery debate, but I would say there’s a lot of depressed in every single town. You can say Salt Lake City, you can look at what we consider to be conservative cities, and when you play those towns, man, the kids that come out are more or less on the same page and politically active because they are fish out of water.

DS: Depression breeds apathy, and your music seems geared toward anger, trying to wake people from their apathy. Your music is not maudlin and sad, but seems to be an attempt to awaken a spirit, with a self-reflective bent.

JV: That’s the trick. I would say that honestly, when Katrina happened, I thought, “okay, this is a trick to make people so crazy and so angry that they can’t even think. If you were in a community and basically were in a more or less quasi-police state surveillance society with no accountability, where we are pouring untold billions into our infrastructure to protect outside threats against via terrorism, or whatever, and then a natural disaster happens and there is no response. There is an empty response. There is all these ships off the shore that were just out there, just waiting, and nobody came. Michael Brown. It is one of the most insane things I have ever seen in my life.

DS: Is there a feeling in San Francisco that if an earthquake struck, you all would be on your own?

JV: Yes, of course. Part of what happened in New Orleans is that it was a Catholic city, it was a city of sin, it was a black city. And San Francisco? Bush wouldn’t even visit California in the beginning because his numbers were so low. Before Schwarzenegger definitely. I’m totally afraid of the earthquake, and I think everyone is out there. America is in the worst of both worlds: a laissez-fare economy and then the Grover Norquist anti-tax, starve the government until it turns into nothing more than a Argentinian-style government where there are these super rich invisible elite who own everything and there’s no distribution of wealth and nothing that resembles the New Deal, twentieth century embracing of human rights and equality, war against poverty, all of these things. They are trying to kill all that stuff. So, in some ways, it is the worst of both worlds because they are pushing us towards that, and on the same side they have put in a Supreme Court that is so right wing and so fanatically opposed to upholding civil rights, whether it be for foreign fighters…I mean, we are going to see movement with abortion, Miranda rights and stuff that is going to come up on the Court. We’ve tortured so many people who have had no intelligence value that you have to start to look at torture as a symbolic and almost ritualized behavior; you have this…

DS: Organ failure. That’s our baseline…

JV: Yeah, and you have to wonder about how we were torturing people to do nothing more than to send the darkest signal to the world to say, Listen, we are so fucking weird that if you cross the line with us, we are going to be at war with your religion, with your government, and we are going to destroy you.

DS: I interviewed Congressman Tom Tancredo, who is running for President, and he feels we should use as a deterrent against Islam the bombing of the Muslim holy cities of Mecca and Medina.

JV: You would radicalize the very few people who have not been radicalized, yet, by our actions and beliefs. We know what we’ve done out there, and we are going to paying for this for a long time. When Hezbollah was bombing Israel in that border excursion last year, the Hezbollah fighters were writing the names of battles they fought with the Jews in the Seventh Century on their helmets. This shit is never forgotten.

DS: You read a lot of the stuff that is written about you on blogs and on the Internet. Do you ever respond?

JV: No, and I would say that I read stuff that tends to be . I’ve done interviews that have been solely about film and photography. For some reason hearing myself talk about music, and maybe because I have been talking about it for so long, it’s snoozeville. Most interviews I do are very regimented and they tend to follow a certain line. I understand. If I was them, it’s a 200 word piece and I may have never played that town, in Des Moines or something. But, in general, it’s like…my band mates ask why don’t I read the weeklies when I’m in town, and Google my name. It would be really like looking yourself in the mirror. When you look at yourself in the mirror you are just error-correcting. There must be some sort of hall of mirrors thing that happens when you are completely involved in the Internet conversation about your music, and in some ways I think that I’m very innocently making music, because I don’t make music in any way that has to do with the response to that music. I don’t believe that the response to the music has anything to do with it. This is something I got from John Cage and Marcel Duchamp, I think the perception of the artwork, in some ways, has nothing to do with the artwork, and I think that is a beautiful, glorious and flattering thing to say to the perceiver, the viewer of that artwork. I’ve spent a lot of time looking at Paul Klee‘s drawings, lithographs, watercolors and paintings and when I read his diaries I’m not sure how much of a correlation there is between what his color schemes are denoting and what he is saying and what I am getting out of it. I’m not sure that it matters. Inland Empire is a great example. Lynch basically says, I don’t want to talk about it because I’m going to close doors for the viewer. It’s up to you. It’s not that it’s a riddle or a puzzle. You know how much of your own experience you are putting into the digestion of your own art. That’s not to say that that guy arranges notes in an interesting way, and sings in an interesting way and arranges words in an interesting way, but often, if someone says they really like my music, what I want to say is, That’s cool you focused your attention on that thing, but it does not make me go home and say, Wow, you’re great. My ego is not involved in it.

DS: Often people assume an artist makes an achievement, say wins a Tony or a Grammy or even a Cable Ace Award and people think the artist must feel this lasting sense of accomplishment, but it doesn’t typically happen that way, does it? Often there is some time of elation and satisfaction, but almost immediately the artist is being asked, “Okay, what’s the next thing? What’s next?” and there is an internal pressure to move beyond that achievement and not focus on it.

JV: Oh yeah, exactly. There’s a moment of relief when a mastered record gets back, and then I swear to you that ten minutes after that point I feel there are bigger fish to fry. I grew up listening to classical music, and there is something inside of me that says, Okay, I’ve made six records. Whoop-dee-doo. I grew up listening to Gustav Mahler, and I will never, ever approach what he did.

DS: Do you try?

JV: I love Mahler, but no, his music is too expansive and intellectual, and it’s realized harmonically and compositionally in a way that is five languages beyond me. And that’s okay. I’m very happy to do what I do. How can anyone be so jazzed about making a record when you are up against, shit, five thousand records a week—

DS: —but a lot of it’s crap—

JV: —a lot of it’s crap, but a lot of it is really, really good and doesn’t get the attention it deserves. A lot of it is very good. I’m shocked at some of the stuff I hear. I listen to a lot of music and I am mailed a lot of CDs, and I’m on the web all the time.

DS: I’ve done a lot of photography for Wikipedia and the genesis of it was an attempt to pin down reality, to try to understand a world that I felt had fallen out of my grasp of understanding, because I felt I had no sense of what this world was about anymore. For that, my work is very encyclopedic, and it fit well with Wikipedia. What was the reason you began investing time and effort into photography?

JV: It came from trying to making sense of touring. Touring is incredibly fast and there is so much compressed imagery that comes to you, whether it is the window in the van, or like now, when we are whisking through the Northeast in seven days. Let me tell you, I see a lot of really close people in those seven days. We move a lot, and there is a lot of input coming in. The shows are tremendous and, it is emotionally so overwhelming that you can not log it. You can not keep a file of it. It’s almost like if I take photos while I am doing this, it slows it down or stops it momentarily and orders it. It has made touring less of a blur; concretizes these times. I go back and develop the film, and when I look at the tour I remember things in a very different way. It coalesces. Let’s say I take on fucking photo in Athens, Georgia. That’s really intense. And I tend to take a photo of someone I like, or photos of people I really admire and like.

DS: What bands are working with your studio, Tiny Telephone?

JV: Death Cab for Cutie is going to come back and track their next record there. Right now there is a band called Hello Central that is in there, and they are really good. They’re from L.A. Maids of State was just in there and w:Deerhoof was just in there. Book of Knotts is coming in soon. That will be cool because I think they are going to have Beck sing on a tune. That will be really cool. There’s this band called Jordan from Paris that is starting this week.

DS: Do they approach you, or do you approach them?

JV I would say they approach me. It’s generally word of mouth. We never advertise and it’s very cheap, below market. It’s analog. There’s this self-fulfilling thing that when you’re booked, you stay booked. More bands come in, and they know about it and they keep the business going that way. But it’s totally word of mouth.

Saturday, June 4, 2005

On Friday, the U.S. military released the results of their investigation and confirmed that in 5 separate incidents, American guards at the Guantánamo Bay prison “mishandled” the Islamic holy book. However, they stress that guards were usually “respectful” of the Qur’an.

One incident involved splashing a Qur’an with urine by urinating near an air vent while others involved kicking, stepping on and writing in Qur’ans.

Brigadier-General Jay Hood, the commander of the jail, said that these incidents are the exception to the rule. In a statement issued late Friday, he said: “The inquiry … revealed a consistent, documented policy of respectful handling of the Qur’an dating back almost two-and-a-half years.”

Gen. Hood looked into the allegations, published and then retracted by Newsweek, that American personnel flushed a Qur’an down a toilet. He said that the inquiry did not find any evidence supporting this particular allegation. “The inquiry found no credible evidence that a member of the Joint Task Force at Guantanamo Bay ever flushed a Qur’an down a toilet. This matter is considered closed.”

The incidents reported are:

• a guard kicking a prisoner’s Qur’an;
• Qur’ans wetted by water balloons thrown by guards;
• a “two-word obscenity” written, in English, inside the cover of a Qur’an. Military officials state that it is equally possible that a guard wrote this in the prisoner’s Qur’an or that the prisoner wrote this in his own Qur’an;
• a guard who urinated too close to an air vent, spraying a Qur’an with urine;
• an interrogator who stepped on a Qur’an during an interrogation.

The investigation also revealed 15 alleged cases of Qur’an mistreatment by detainees themselves. Detainees used Qur’ans as pillows, urinated on them, and, several times, tore pages out of copies of the books, according to the report. For example, the report states that a guard observed a “detainee place two Qur’ans in his toilet and state he no longer cared about the Qur’an or his religion,” on February 23, 2004. It is believed that such behavior is intended to cause disruption and problems for the guards.

Sunday, January 27, 2008

Suharto, second president of Indonesia, has died today in a Jakarta hospital at the age of 86. The cause of death was announced as multiple-organ failure. He had been in the hospital since January 4, when he was admitted with failing kidneys, heart and lungs.

A week of national mourning was declared by President Susilo Bambang Yudhoyono. In a televised address, the current president described Suharto as “one of Indonesia’s best sons and national leaders who has done very great service to his beloved nation” and called for all Indonesians to pay their respects.

The president is to oversee a state funeral after Suharto’s body is taken to his family mausoleum in Surakarta, Central Java by a fleet of seven Air Force planes.

Suharto was born Raden Suharto on June 8, 1921 in Kemusu Argamulja, Java, Indonesia. He was president of Indonesia from 1967 – 1998.

Suharto is survived by two sons and one daughter. His eldest daughter, Tutut, said, “My father passed away peacefully. May God bless him and forgive all of his mistakes.”

Sunday, March 23, 2008

Copies of The Profit, a 2001 film blocked from distribution in the United States due to a court injunction won by the Church of Scientology, appeared on the Internet Friday on peer-to-peer file-sharing websites and on the video sharing site YouTube.

Directed by former film executive Peter N. Alexander, the movie has been characterized by critics as a parody of Scientology and of its founder L. Ron Hubbard. Alexander was a Scientologist for twenty years, and left the organization in 1997. The film was funded by Bob Minton, a former critic of Scientology who later signed an agreement with the Church of Scientology and has attempted to stop distribution of the film. Alexander has stated that the movie is based on his research into cults, and when asked by the St. Petersburg Times about parallels to Scientology and L. Ron Hubbard said: “I’ll let you draw that conclusion … I say it’s entirely fictional.”

The film was released in August 2001, and was shown at a movie theatre in Clearwater, Florida and at a premiere at the Cannes Film Festival in France. A Scientology spokesman gave a statement at the time saying “the movie is fiction and has nothing to do with Scientology”. The Church of Scientology later took legal action in an attempt to stop further distribution of the film. The Church of Scientology claimed that the film was intended to influence the jury pool in the wrongful death case of Scientologist Lisa McPherson, who died under Scientology care in Clearwater, Florida.

In April 2002, a Pinellas County, Florida judge issued a court order enjoining The Profit from worldwide distribution for an indefinite period. According to the original court injunction received by Wikinews, the movie was originally banned because the court found that it could be seen as a parody of Scientology. In his April 20, 2002 ruling on the injunction, Judge Robert E. Beach of the Sixth Judicial Circuit Court in Pinellas County, Florida wrote: “…an average person viewing the film entitled The Profit could perceive that it is a parody of the Church of Scientology”.

“To the extent that any person considered as a potential juror in evaluating any issues involving the Church of Scientology, the process of voir dire provides a fair and complete remedy to eliminate any potential juror that may possibly have been influenced to be less than fair and impartial,” added Beach.

Luke Lirot, the attorney for the film’s production company, announced on the film’s website on April 7, 2007 that “We have absolutely no exposure for any repercussions from the court order,” but that the film was still blocked from distribution due to an ongoing legal battle. Lirot wrote: “all that’s stopping the release of the movie is the legal battle with the partner who was compromised by Scientology (Robert Minton) and is currently using his power as partner to stop the release of the film.”

In an October 2007 article, The Times described the film as “banned in the US because of a lawsuit taken out against it by The Church of Scientology,” and Russ Kick’s The Disinformation Book of Lists included the film in his “List of 16 Movies Banned in the U.S.”. An 8-minute teaser segment from The Profit appeared on the film’s website and on the video sharing site YouTube in February 2008, and an attorney representing Bob Minton sent a letter to Luke Lirot requesting that the film clip be taken down. In a response letter, Lirot wrote that “Rather than damage any asset of the LLC, the short clip merely keeps the film in the public eye, and in a positive way.”

On Friday, copies of the film began to circulate on peer-to-peer file-sharing websites and on YouTube. A link related to the film’s appearance on the Internet on the community-based link aggregator website Digg.com had 3,638 “Diggs” – and hit the front page of the site’s Entertainment section on Saturday.

On Saturday, Scientology critic and Emmy award-winning journalist Mark Bunker put a streaming version of the film on his website, www.xenutv.com, and encouraged others to watch and discuss the film on a real-time chat channel. In a video posting to YouTube Saturday, Bunker said “I did not do it. I had nothing to do with it … I had nothing to do with this release at all. But I’m happy it’s out there … people are finally having a chance to see it. A lot of people have been curious over the years and there’s been a lot of interest in seeing the film, so finally you can.”

On the newsgroup alt.religion.scientology, a poster by the username “Alexia Death” commented on the film’s appearance on the Internet in the context of censorship: “It is out! And so it is a WIN if many people review it even if they say it SUCKS! … Being bad is no cause to allow censorship … And being censored is no cause to assume its good”. A post to the blog Blogsreel commented: “We have all wanted to see this movie that scientology kept hidden away from us. We have all wondered just how damning could this story be that we were banned from watching it.”

In a post on Sunday to the message board attached to the official website for the film, attorney Luke Lirot asked that individuals stop distributing copies of The Profit over the Internet. Lirot wrote: “It has been brought to my attention that several unauthorized transmissions and downloads of this protected work have taken place over the last 72 hours. Such actions are copyright violations and are unlawful. I request that any further distribution and/or dissemination of this important work cease immediately and any copies of the work that have been downloaded please be deleted.” In his statement, Lirot recognized the rights of individuals under the First Amendment to the United States Constitution, but also said that unauthorized distribution of the film “will only serve to harm the goal of vast distribution”.

Blog postings have attributed the film’s appearance on the Internet as part of the anti-Scientology movement Project Chanology organized by the Internet-based group Anonymous, but this has not been confirmed. Wikinews previously reported on international protests against Scientology which took place as part of Project Chanology on February 10 and March 15. A third international protest by Anonymous is scheduled for April 12. Titled “Operation Reconnect”, the third international protest will focus on highlighting Scientology’s practice of disconnection.

Saturday, May 27, 2006

Seniors who haven’t been credited with passing the California High School Exit Exam won’t be getting diplomas when graduation ceremonies are held next month because the First District Appellate Court won’t hear the court case about the test until July 25.

The attorney for the students suing to block use of the test says he still expects to prevail.

“This case is far from over,” said Arturo Gonzalez, the lead attorney in Valenzuela vs. O’Connell, in which Liliana Valenzuela, a Richmond High School student, and others sued to block the state’s use of the test as a graduation requirement, “We think there is a strong chance that students in the Class of 2006 will receive their diplomas, even if it is after commencement ceremonies. It is important that students not get discouraged. They have to stay in school and pass their classes.”

On May 12, Alameda County Superior Court Judge Robert Freedman agreed with Gonzalez’ argument that the state’s use of the test as a graduation requirement was unconstitutional because poor and minority students don’t have access to equal educational resources, and therefore don’t have equal protection under the law. He issued an injunction against the use of the test.

That injunction seemed to pave the way for those of the 47,000 seniors statewide who haven’t yet passed the test, but have completed all other requirements, to receive diplomas with their classmates at upcoming graduation events.

But State Superintendent of Schools Jack O’Connell quickly filed an appeal of Freedman’s ruling and asked the State Supreme Court to issue a stay of Freedman’s injunction. Earlier this week, the Court granted O’Connell’s request for a stay, allowing schools to deny diplomas to students who haven’t passed the test. The Court also ordered the Appellate court to hear O’Connell’s appeal of Freedman’s ruling against the test.

On Thursday, Gonzalez petitioned the Appellate Court to expedite their hearing of the case to as soon as next week, but today the court denied Gonzalez’ request and scheduled the case for a hearing on July 25.

In an email to the James Logan Courier, Gonzalez said he thinks his case is strong enough to withstand the appeal. “We intend to vigorously defend Judge Freedman’s ruling,” he said, “The record strongly supports his decision.”

“If the court of appeals upholds Judge Freedman’s ruling, students in the Class of 2006 may still receive their high school diplomas,” he said.

About 70 seniors at James Logan High School in Union City, Ca., mostly minorities and those who are learning English, still need to pass the test.

O’Connell, an avid defender of the test, which is required by a law he wrote and championed when he was in the state legislature, said this week that he would make sure school districts knew that they had to require the test be passed in order to hand out diplomas to students.

“I will communicate with districts today to ensure they are aware that the exit exam is a graduation requirement” he said, “Students who have worked hard to pass this exam will be given a diploma that signifies their mastery of essential skills in reading and math.”

This article is based on No Diplomas for Now; Exit Exam Appeal Must Wait by Patrick Hannigan of The James Logan Courier, which has a copyright policy compatible with our CC-BY 2.5. Specifically “Creative Commons 2.5 Share-Alike license“

Monday, January 26, 2009

On Thursday, the municipal intermediate people’s court in Shijiazhuang, Hebei province, China pronounced sentences for 21 defendants implicated in the 2008 Chinese milk scandal which killed at least six infants and sickened nearly 300,000 others.

In the local court’s decision, 17 accused were indicted for the crimes of “producing, adding melamine-laced ‘protein powder’ to infant milk or selling tainted, fake and substandard milk to Sanlu Group or 21 other dairy companies, including six who were charged with the crime of endangering public security by dangerous means.” Four other courts in Wuji County, in Hebei, China had also tried cases on the milk scandal.

Zhang Yujun, age 40, of Quzhou County (Hebei), who produced and sold melamine-laced “protein powder” in the milk scandal, was convicted of endangering public security and sentenced to death by the Shijiazhuang intermediate people’s court.

The court also imposed the penalty of death upon Geng Jinping, who added 434 kg of melamine-laced powder to about 900 tons of fresh milk to artificially increase the protein content. He sold the tainted milk to Sanlu and some other dairy companies. His brother Geng Jinzhu was sentenced to eight years imprisonment for assisting in adding the melamine.

A suspended capital punishment sentence, pending a review, with two years probation, was handed down to Gao Junjie. Under the law, a suspended death sentence is equivalent to life imprisonment with good behavior. The court ruled that Gao designed more than 70 tons of melamine-tainted “protein powder” in a Zhengding County underground factory near Shijiazhuang. His wife Xiao Yu who assisted him, was also sentenced to five years imprisonment.

Sanlu Group General Manager Tian Wenhua, 66, a native of Nangang Village in Zhengding County, who was charged under Articles 144 and 150 of the criminal code, was sentenced to life imprisonment for producing and selling fake or substandard products. She was also fined 20 million yuan (US$2.92 million) while Sanlu, which has been declared bankrupt, was fined 49.37 million yuan ($7.3 million).

Tian Wenhua plans to appeal the guilty verdict on grounds of lack of evidence, said her lawyer Liang Zikai on Saturday. Tian testified last month during her trial that she decided not to stop production of the tainted milk products because a Fonterra designated board member handed her a document which states that a maximum of 20 mg of melamine was allowed in every kg of milk in the European Union. Liang opined that Tian should instead be charged with “liability in a major accident,” which is punishable by up to seven years imprisonment, instead of manufacturing and selling fake or substandard products.

According to Zhang Deli, chief procurator of the Hebei Provincial People’s Procuratorate, Chinese police have arrested another 39 people in connection with the scandal. Authorities last year also arrested 12 milk dealers and suppliers who allegedly sold contaminated milk to Sanlu, and six people were charged with selling melamine.

In late December, 17 people involved in producing, selling, buying and adding melamine to raw milk went on trial. Tian Wenhua and three other Sanlu executives appeared in court in Shijiazhuang, charged with producing and selling fake or substandard milk contaminated with melamine. Tian pleaded guilty, and told the court during her 14-hour December 31 trial that she learned about the tainted milk complaints and problems with her company’s BeiBei milk powder from consumer complaints in mid-May.

She then apparently led a working team to handle the case, but her company did not stop producing and selling formula until about September 11. She also did not report to the Shijiazhuang city government until August 2.

The court also sentenced Zhang Yanzhang, 20, to the lesser penalty of life imprisonment. Yanzhang worked with Zhang Yujun, buying and reselling the protein powder. The convicts were deprived of their political rights for life.

Xue Jianzhong, owner of an industrial chemical shop, and Zhang Yanjun were punished with life imprisonment and 15 years jail sentence respectively. The court found them responsible for employment of workers to produce about 200 tons of the tainted infant milk formula, and selling supplies to Sanlu, earning more than one million yuan.

“From October 2007 to August 2008, Zhang Yujun produced 775.6 tons of ‘protein powder’ that contained the toxic chemical of melamine, and sold more than 600 tons of it with a total value of 6.83 million yuan [$998,000]. He sold 230 tons of the “protein powder” to Zhang Yanzhang, who will stay behind bars for the rest of his life under the same charge. Both Zhangs were ‘fully aware of the harm of melamine’ while they produced and sold the chemical, and should be charged for endangering the public security,” the Court ruled.

The local court also imposed jail sentences of between five years and 15 years upon three top Sanlu executives. Wang Yuliang and Hang Zhiqi, both former deputy general managers, and Wu Jusheng, a former raw milk department manager, were respectively sentenced to 15 years, eight years and five years imprisonment. In addition, the court directed Wang to pay multi-million dollar fines. In December, Wang Yuliang had appeared at the Shijiazhuang local court in a wheelchair, after what the Chinese state-controlled media said was a failed suicide attempt.

The judgment also states “the infant milk powder was then resold to private milk collectors in Shijiazhuang, Tangsan, Xingtai and Zhangjiakou in Hebei.” Some collectors added it to raw milk to elevate apparent protein levels, and the milk was then resold to Sanlu Group.

“The Chinese government authorities have been paying great attention to food safety and product quality,” Yu Jiang Yu, spokesperson for the Ministry of Foreign Affairs, said. “After the case broke out, the Chinese government strengthened rules and regulations and took a lot of other measures to strengthen regulations and monitor food safety,” she added.

In the People’s Republic of China, the intermediate people’s court is the second lowest local people’s court. Under the Organic Law of the People’s Courts of the People’s Republic of China, it has jurisdiction over important local cases in the first instance and hear appeal cases from the basic people’s court.

The 2008 Chinese milk scandal was a food safety incident in China involving milk and infant formula, and other food materials and components, which had been adulterated with melamine. In November 2008, the Chinese government reported an estimated 300,000 victims have suffered; six infants have died from kidney stones and other acute renal infections, while 860 babies were hospitalized.

Melamine is normally used to make plastics, fertilizer, coatings and laminates, wood adhesives, fabric coatings, ceiling tiles and flame retardants. It was added by the accused to infant milk powder, making it appear to have a higher protein content. In 2004, a watered-down milk resulted in 13 Chinese infant deaths from malnutrition.

The tainted milk scandal hit the headlines on 16 July, after sixteen babies in Gansu Province who had been fed on milk powder produced by Shijiazhuang-based Sanlu Group were diagnosed with kidney stones. Sanlu is 43% owned by New Zealand’s Fonterra. After the initial probe on Sanlu, government authorities confirmed the health problem existed to a lesser degree in products from 21 other companies, including Mengniu, Yili, and Yashili.

From August 2 to September 12 last year Sanlu produced 904 tonnes of melamine-tainted infant milk powder. It sold 813 tonnes of the fake or substandard products, making 47.5 million yuan ($13.25 million). In December, Xinhua reported that the Ministry of Health confirmed 290,000 victims, including 51,900 hospitalized. It further acknowledged reports of “11 suspected deaths from melamine contaminated milk powder from provinces, but officially confirmed 3 deaths.”

Sanlu Group which filed a bankruptcy petition, that was accepted by the Shijiazhuang Intermediate People’s Court last month, and the other 21 dairy companies, have proposed a 1.1 billion yuan ($160 million) compensation plan for court settlement. The court appointed receiver was granted six months to conclude the sale of Sanlu’s assets for distribution to creditors. The 22 dairy companies offered “families whose children died would receive 200,000 yuan ($29,000), while others would receive 30,000 yuan ($4,380) for serious cases of kidney stones and 2,000 yuan ($290) for less severe cases.”

Sanlu stopped production on September 12 amid huge debts estimated at 1.1 billion yuan. On December 19, the company borrowed 902 million yuan for medical and compensation payment to victims of the scandal. On January 16, Sanlu paid compensation of 200,000 yuan (29,247 U.S. dollars) to Yi Yongsheng and Jiao Hongfang, Gangu County villagers, the parents of the first baby who died.

“Children under three years old, who had drunk tainted milk and had disease symptoms could still come to local hospitals for check-ups, and would receive free treatment if diagnosed with stones in the urinary system,” said Mao Qun’an, spokesman of the Ministry of Health on Thursday, adding that “the nationwide screening for sickened children has basically come to an end.”

“As of Thursday, about 90% of families of 262,662 children who were sickened after drinking the melamine-contaminated milk products had signed compensation agreements with involved enterprises and accepted compensation,” the China Dairy Industry Association said Friday, without revealing, however, the amount of damages paid. The Association (CDIA) also created a fund for payment of the medical bills for the sickened babies until they reach the age of 18.

Chinese data shows that those parents who signed the state-backed compensation deal include the families of six children officially confirmed dead, and all but two of 891 made seriously ill, the report said. Families of 23,651 children made ill by melamine tainted milk, however, have not received the compensation offer, because of “wrong or untrue” registration details, said Xinhua.

Several Chinese parents, however, demanded higher levels of damages from the government. Zhao Lianhai announced Friday that he and three other parents were filing a petition to the Ministry of Health. The letter calls for “free medical care and follow-up services for all victims, reimbursement for treatment already paid for, and further research into the long-term health effects of melamine among other demands,” the petition duly signed by some 550 aggrieved parents and Zhao states.

“Children are the future of every family, and moreover, they are the future of this country. As consumers, we have been greatly damaged,” the petition alleged. Chinese investigators also confirmed the presence of melamine in nearly 70 milk products from more than 20 companies, quality control official Li Changjiang admitted.

In addition, a group of Chinese lawyers, led by administrator Lin Zheng, filed Tuesday a $5.2 million lawsuit with the Supreme People’s Court of the People’s Republic of China (under Chief Grand Justice Wang Shengjunin), in Beijing, on behalf of the families of 213 children’s families. The class-action product liability case against 22 dairy companies, include the largest case seeking $73,000 compensation for a dead child.

According to a statement to the Shanghai Stock Exchange Market Friday, China’s Inner Mongolia Yili Industrial Group Company, which has a domestic market share of milk powder at 8 percent, reported a net loss in 2008 because of the milk scandal. A Morgan Stanley report states the expected company’s 2008 loss at 2.3 billion yuan. The scandal also affected Yili’s domestic rivals China Mengniu Dairy Company Limited and the Bright Group. Mengniu suffered an expected net loss of 900 million yuan despite earnings in the first half of 2008, while the Bright Group posted a third quarter loss at 271 million yuan last year.

New Zealand dairy giant Fonterra, said Saturday it accepted the Chinese court’s guilty verdicts but alleged it had no knowledge of the criminal actions taken by those involved. “We accept the court’s findings but Fonterra supports the New Zealand Government’s position on the death penalty. We have been shocked and disturbed by the information that has come to hand as a result of the judicial process,” said Fonterra Chief Executive Andrew Ferrier.

“Fonterra deeply regrets the harm and pain this tragedy has caused so many Chinese families,” he added. “We certainly would never have approved of these actions. I am appalled that the four individuals deliberately released product containing melamine. These actions were never reported to the Sanlu Board and fundamentally go against the ethics and values of Fonterra,” Ferrier noted.

Fonterra, which controls more than 95 percent of New Zealand’s milk supply, is the nation’ biggest multinational business, its second-biggest foreign currency earner and accounts for more than 24 percent of the nation’s exports. Fonterra was legally responsible for informing Chinese health authorities of the tainted milk scandal in August, and by December it had written off its $200 million investment in Sanlu Group.

Amnesty International also strongly voiced its opposition to the imposition of capital punishment by the Chinese local court and raised concerns about New Zealand’s implication in the milk scandal. “The death penalty will not put right the immense suffering caused by these men. The death penalty is the ultimate, cruel and inhumane punishment and New Zealand must take a stand to prevent further abuses of human rights.” AI New Zealand chief executive Patrick Holmes said on Saturday.

“The New Zealand government does not condone the death sentence but we respect their right to take a very serious attitude to what was extremely serious offending,” said John Phillip Key, the 38th and current Prime Minister of New Zealand and leader of the National Party. He criticized Fonterra’s response Monday, saying, “Fonterra did not have control of the vertical production chain, in other words they were making the milk powder not the supply of the milk, so it was a difficult position and they did not know until quite late in the piece. Nevertheless they probably could front more for this sort of thing.”

Keith Locke, current New Zealand MP, and the opposition Green Party foreign affairs spokesman, who was first elected to parliament in 1999 called on the government and Fonterra to respond strongly against the Chinese verdict. “They show the harshness of the regime towards anyone who embarrasses it, whether they are real criminals, whistleblowers or dissenters,” he said. “Many Chinese knew the milk was being contaminated but said nothing for fear of repercussions from those in authority. Fonterra could not get any action from local officials when it first discovered the contamination. There was only movement, some time later, when the matter became public,” he noted.

Green Party explained “it is time Fonterra drops its overly cautious act.” The party, however, stressed the death penalty is not a answer to the problems which created the Chinese milk scandal. “The Green Party is totally opposed to the death penalty. We would like to see the government and, indeed, Fonterra, speaking out and urging the Chinese government to stop the death penalty,” said Green Party MP Sue Kedgley.