“But it’s not fair!” (And in these cases, the word fair is generally pronounced as a long, annoyingly drawn out, “fay-yerrrrrrrr.”)

You know someone has exhausted any semblance of a reasonable, rational argument when their answers become, “But others are doing it, too.”, “Why are you ganging up on…”, “No one can prove this wasn’t an old trick to begin with…”, “But I want choices…”, and so on.

It may be because directly answering the question may cause the answerer to force himself to examine his own behavior and beliefs, and that may be more painful than just not answering the question and looking like an idiot. (Speaking of choices…)

It may be my age, or my experience, or the phase of the moon, but I can’t find time or energy to try to debate people like that. It’s like talking to a brick wall when the person with whom you are attempting to debate an issue won’t address the issue directly, but finds it necessary to deflect.

For the purposes of discussion and commentary, I present this quote by Sean Murphy (aka Maxwell Murphy) who is, ostensibly the guy who owns Penguin Magic, claims in a recently deleted thread of discussion on his own discussion board:

Personally, I think it’s good for our customers to have as many options as possible, and I love it when we’re able to offer a generic item and a name brand item next to one another on the shelf just like a grocery store offers Toasted Oats and Cheerios.

Everybody has different needs, and everybody had a different budget.

If a product is junk we don’t want to carry it. But if it’s high quality and a better price, we think our customers deserve the option to purchase it.

As for the issue of what’s a copy and what’s original, it’s very complex. I know that Magic Makers works closely with a research team, and they vigorously defend the origins of many of the items they manufacture. When they appear to be knocking off an other company’s trick, the trick often dates back before that company ever started marketing it.

But that’s a very long and boring argument, and it’s not even really the issue. The real issue is do you want the choice to buy one of several brands of a given effect? Or do you want only to be able to buy one brand of any given effect.

I think you’ll find that you’ll get the best quality for your dollar in a market with lots of competition. But there are also some potential drawbacks.

I’m excited to hear what you think.

And hear he did. After which he deleted what was said in response.

Here’s a fundamental difference of opinion which, I think, may be rooted in the fact that Murphy is not a magician. (At least he stated this to Rosie about a year ago, as reported here.)

Using the “generic version” excuse doesn’t work for a number of reasons. Generics, in the world outside of magic, come about when private label companies wish to offer a product similar to a brand name. A brand name becomes a brand name after much effort and expense in building the brand. This occurs as a result of time in market, marketing efforts, and other things that cost money. That’s why brand name products cost more than their generic counterparts; generics don’t factor in the costs of R&D, marketing, etc. Generics may be produced as a result of a brand item’s patent expiring, or when the brand manufacturer licenses the rights of his product to a generic manufacturer.

Is that the case with the “generic versions” of magic tricks put out by Rob Stiff and Magic Makers and referred to by Maxwell’s comments?

It was recently announced that Magic Makers is releasing a DVD called “Crushed and Cured”, ostensibly an instructional video teaching Anders Moden’s Healed & Sealed trick. Anders was not asked permission to teach his trick. In fact, Anders was not contacted at all by Magic Makers.

Just prior to that, Magic Makers released a DVD titled, “Ghost Kings.” When viewing the online demo of the trick it becomes clear that this is simply Lee Asher’s trick, “Asher Twist.” In this case, Lee reports he was contacted by Magic Makers for permission, but Lee declined. Magic Makers produced the DVD anyway. (I’d be happy to send you to the links on The Magic Cafe where this was discussed, but those threads were deleted. However, this remains for your viewing.)

The other issue is that of patent and copyright law. I bring this up only because it is so often mentioned in excuses and rationalizations for knocking off a creator’s trick. For the most part, copyright and patent law does not pertain to magic secrets. THIS IS NOT ABOUT THE LAW, IT’S ABOUT MORALS AND ETHICS. (Sometimes yelling does help.)

Partial birth abortion is legal (currently, anyway), but everyone with whom I’ve discussed the matter states it is anything but moral or ethical. Yet, doctors hide behind the law to claim what they do is right. Because something is legal (or, not illegal) does not make it right; it makes it not illegal.

The other excuse is, “Some magic tricks are just too expensive. It’s not fair to price magic tricks out of the reach of most buyers, so it’s good that we have a choice.”

Inequity. “Them and us.” “The Haves and the Have Nots.” Class warfare. Place into the mix the phrase, “But I want it…” and an expedient means to that end, and you have the present situation we’re discussing.

In times past, there have been ideological “solutions” to the sorts of inequity brought about by the fact that some people will not or cannot perform the same actions as others to get successful results and, therefore, find themselves without. In every case I can find, such solutions have been bitter, utter failures.

In the long run, you cannot short-circuit the path to success.

In the United States of America, the application of a good idea and hard work often yields financial success. Our free market economy, supported by our system of laws, virtually guarantee success. Some people, unwilling or unable to provide the “good idea” part decide to appropriate the ideas of others in an effort toward bridging the reasonable and perfectly equitable inequity as they see it.

How can someone argue such behavior is ethically and morally sound, let alone laud it?