I thought of one. Penguin sells Neil Tobin's
The Xpert. Neil put a lot of time, effort, and thought into that product. He based it on Kenton Knepper's "X" manuscript, and made a real contribution to magic with this excellent product.
But, the gimmick it uses can be made easily by anyone, using common office supplies. What if I were to start cranking out the gimmicks, typed up some instructions that gave away all of the effects and routines in Neil's booklet and website, not as well-written and in my own words, then put it together in a package and called
X-it? Would Penguin Magic sell that for $10 a pop?
That's a rhetorical question. Maxwell has just said that he would. "We do sell knock-offs." The new slogan for Penguin Magic. People, don't let Maxwell sugar-coat it: knock-offs are stolen goods. Pure and simple. In the scenario I outlined above, I would be stealing Neal Tobin's intellectual property. He did all the work, all I would be doing in such a case is cashing in on his work at his expense. He did the research and development, the marketing, the patient and generous donating of his time to answer questions asked by a bunch of kiddies at Penguin, and all I would have to do is crank out the cheap copies of his words and cobble together the same gimmicks he invented.
Maxwell Murphy wouldn't "get excited" enough to do that, but he admitted he has no scruples about selling it if I did.
Well, I do have ethics and I would never rip Neil Tobin off like that. I have too much respect for him, for the magic profession, and for myself to do that. Besides which I believe in God and would not knowingly violate the law, "You shall not steal." Number eight in the Ten Commandments, remember?
"Time will tell that we're an innovative and ethical company, and we'll win the confidence of the magic community." - Maxwell Murphy
God help us all if that prophecy comes true. If Maxwell's brand of "ethics" does win the confidence of the magic community, what incentive is there for the thinkers and creators of new magic to release it to anyone in any manner? If the magic community is okay with stealing such intellectual property, no sensible creator will release anything but junk that's so bad, he doesn't care whether it's stolen or not.
Robert V Frazier
P.S. I have read
The Art of the Steal: How to Protect Yourself and Your Business from Fraud, America's #1 Crime by Frank W. Abagnale. (You may have heard of his first book,
Catch Me If You Can, recently a movie was made from it staring Leonardo DeCaprio and Tom Hanks.)
The Art of the Steal is an excellent book, and the chapter on knock-offs explains just what's wrong with selling them. It's just as much stealing as is making the knock-offs. Worse in some ways, because without retailers to sell them, the counterfeiters who crank out the knock-offs would have no market outside of back alleys and 7-11 parking lots.