Magicians

July 18, 2008

Law & Order: Criminal Intent's New Episode Features Vanishing Magician

Law & Order: Criminal Intent's upcoming episode (Sunday, July 20 at 10 pm, 9 Central time) features a storyline about a magician who vanishes during his act. While I'm not entirely certain what "ripped from the headlines" story inspired this episode, it might be one like Michael Patrick's, about which I blogged a while ago. Of course, the L&O: CI writers will dress up the script's original "RFTH" inspirations to avoid the usual right of publicity, invasion of privacy, and defamation concerns. Still, I'll be interested to see the episode, with guest stars Christopher Lloyd and James Frain.

July 15, 2008

Mindfreak

On the July 16 episode of Mindfreak (A&E), Criss Angel will perform "psychic surgery".  (10:30 EDT, 9:30 CDT). This episode is a repeat. The premiere of the 4th season is scheduled for July 23rd at 10 p.m., 9 Central time.

June 03, 2008

Is Poker a Game of Skill or a Game of Chance?

Here's a paper for magicians interested in gaming law. Robert Hannum of the University of Denver and Tony Cabot of Lewis & Roca have published "Toward Legalization of Poker: A Game of Skill." Here's the abstract.

"With legislators looking for new ways to increase tax revenues, poker, particularly online, has surfaced as one potential source. There is much debate over whether certain forms of poker should be legalized. The legalization and subsequent taxable activity status hinges on the question of whether poker is a game of skill or a game of chance. If skill predominates over chance, poker would be considered a lawful gambling game under most legal standards, including the most common, the predominance test. If chance predominates over skill, however, then poker would be deemed illegal under most interpretations of the laws of the federal and state governments. In this paper we argue that poker is a game in which skill predominates over chance and support this argument with a detailed mathematical analysis of a poker game pitting an unskilled player against a skilled player. The results show the skilled player will win convincingly over the unskilled player, suggesting that skill is a greater factor than chance in poker. The argument is further supported by additional simulations showing that highly skilled players will consistently beat unskilled players in a variety of scenarios."

Download the entire paper from SSRN here.

May 30, 2008

A Little More On That Globo TV Lawsuit

Here's a little more on that Brazilian magicians' lawsuit against Globo TV, courtesy of  Vicenç Feliu, a law librarian here at LSU Law.

...[this case was up in the Tribunal of Justice, court of first instance of the State of Rio Grande do Sul; Judge Eduardo Khote Werlang of the 11ª Vara Cível de Porto Alegre (11th Civil Chamber of Porto Alegre) presiding.  The decision was passed on 30 April 2003 and the docket number was 00101156694. There were 21 magicians (see list at bottom of message) bringing suit against Rede Globo and their attorneys were Dr. Marco Antonio Birnfeld and Dr. Marcio Oliveira Puggina, who died on 01 October 2001, while the case was ongoing. As you know, the judge ruled in their favor. I have searched the court’s website (http://www.tj.rs.gov.br) using the docket number as well as different combinations of the known facts and have been unable to find any documents related to this case.  I have also searched the web and beyond finding more news items, like the one you have, or blog entries, I have not been able to find any actual official court documents.   

Vicenç 

List of magicians: 

  • - Andréa Araújo Viana (ANDREA)
  • - Leda dos Santos Souza (PASSOQUINHA)
  • - Andréia Maria Alexandre Henrique (MARY)
  • - Caetano Miguel Tótaro Neto (ROCAMITONI)
  • - Claudio Alves Machado (WULLICHANG)
  • - Daniel Silveira Pereira (LE DENIER)
  • - Edgar Poggetti (IBIS)
  • - Guacira Terezinha da Silva (GUACIRA)
  • - Hilton da Rosa Melecchi (HIDROMEL)
  • - José Benedito Galtieri Filho (MAGRINE Jr.)
  • - Juliana Cristofari (JULLY)
  • - Marco Antonio Rodrigues (THU)
  • - Maria Lucia Schneider (LÚCIA)
  • - Paulo Roberto Britto Martins (TONY) – Actual Presidente
  • - Rita de Cássia Vareira dos Santos (RITA)
  • - Sérgio Albino Schneider (ALBIN)
  • - Solange Carvalho Araújo (SOLANGE)
  • - Valéria Martinak Soares (VALÉRIA)
  • - Vera Lúcia Santana Dias (ALINE)
  • - Vilson José Schneider (VILSON)
  • - Vitor Hugo Cardia (KARDINI)

May 29, 2008

District Court Dismisses Lawsuit Against James Randi For Lack of Jurisdiction

You may remember the lawsuits that Christopher Roller filed last year against James Randi and others (including David Copperfield in 2005, David Blaine, a church, and President Bush), claiming that these individuals had somehow infringed various of his rights. In the case of Mr. Randi, Mr. Roller alleged that the magician and skeptic had failed to pay him that famous one million dollars in spite of the fact that Mr. Roller had demonstrated paranormal powers, and also that the James Randi Educational Foundation (JREF) had "infringed" his patent on "godly powers." The district court eventually ruled as follows: 

"Defendant filed a motion to dismiss for lack of personal jurisdiction under Rule 12(b)(2) of the Federal Rules of Civil Procedure. Defendant also filed a motion to consolidate the two actions and a motion for sanctions for abuse of judicial process. The Magistrate Judge determined that Roller had failed to demonstrate that the defendant had "minimum contacts" in Minnesota sufficient to support a finding of personal jurisdiction. ...Roller's objections contain no new plausible allegations that defendant has minimum contacts in Minnesota. For this reason, the Court adopts the Report and Recommendation and grants defendant's motion to dismiss for lack of personal jurisdiction. Defendant's motion for sanctions requests that the Court impose a $ 25,000 fine on Roller that would be suspended if Roller ceases all litigation, threats, and contacts with defendant. The Magistrate Judge determined that Roller's litigation history constitutes an abuse of the judicial process, and that the Clerk of Court should be directed not to accept any further cases filed by Roller unless the pleading is signed by an attorney admitted to practice before this Court. In addition to the instant cases, Roller has filed no fewer than eleven actions in this District. Six of the seven adjudicated cases were dismissed for failure to state a claim or other pleading deficiencies under Rule 12(b), with the remaining case transferred for improper venue. In short, Roller has established a track record of frivolous litigation before this Court. The Court is mindful of the liberal standards applicable to pro se pleadings,... and it does not sanction lightly. But the "Court's goal of fairly dispensing justice is compromised when the Court is forced to devote its limited resources to the processing of repetitious and frivolous requests."... The Court therefore adopts the Report and Recommendation and grants defendant's motion for sanctions. However, the Court modifies the recommended sanction as follows. Roller shall be precluded from filing any additional actions in this Court against defendant, or regarding claims or allegations similar to those alleged in the Complaint, without the signature of an attorney admitted to practice before this Court or prior leave of an appointed judicial officer of the federal court of Minnesota."


The case is Roller v. James Randi Educational Foundation, 2007 U.S. Dist. LEXIS 75506.


 
 

May 28, 2008

Legal Fallout From Those "Masked Magician" Specials

I was browsing for more information about possible legal fallout from the broadcast of the "Masked Magician" specials on the Fox network in the late 1990s and found an article published in the Herald Sun (Melbourne), dated June 4, 2003, called Magic Cat Is Out of the Bag. Apparently twenty-one Brazilian magicians sued the Globo TV network, Brazil's biggest, for broadcasting the specials, because the conjurors lost income after audiences saw the secrets of the illusions (and presumably lost interest in going to magic shows). One magician, Paulo Roberto Brito Martins, said he lost more than $800,000 in income. The court ruled that the network should pay each magician damages in the amount of his (or her) lost income. I'd be curious to know more about the legal basis for the ruling, and to get a copy of the opinion. Anybody out there have access to Brazilian case law? The case comes out of Rio Grande do Sul; the judge is Eduardo Kothe Werlang.

May 15, 2008

Breaking the Magicians' Code

More "Breaking the Magicians' Code" next week. Tonight was episode 4, in which the Masked Magician unmasked himself, and explained his reasoning for the exposures.

See here for next week's schedule. I'm wondering if Fox is planning to re-release the videos (long o.p.) as DVDs....Given the ever-increasing interest in magic, they should sell well.

May 01, 2008

Fox Reality Channel Airs "Breaking the Magician's Code"

Do you remember that video set, "Breaking the Magicians' Code"? It's making its reappearance on the Fox Reality Channel. This week the focus is on the second episode. It will air again tonight, at 6 p.m. (5 Central time) and 9 p.m. (8 Central time). Fox originally aired the specials from 1997 to 2002.

April 02, 2008

Penn Jillette On Dancing With the Stars

I note that Penn Jillette is (was) one of the contestants on this season's Dancing With the Stars. I did catch his performance last week. Now, I do like Penn & Teller, and I admire their attempts to expand their repertoire.

People should be nicer. Based on what I saw, I thought Penn's dancing was rather good. I understand he's married, and I'm willing to bet that his wife will be thrilled with his newly updated skills. But I do think he should keep the flowers, and lose that magic tie.

March 25, 2008

Deceit By Any Other Name

Brad Balentine compares the study of magic to the deciphering of insurance fraud in a column here.