FACTUM
Anti-Semitic Hate & Violence Agitation from Germany
Against Rob Matthies of Vancouver
THE PARTIES
Andrew Mugrave (hereinafter referred to as “Musgrave”) is a high-priced professional magician in Vancouver, British Columbia, Canada.
Ronald Henning (hereinafter referred to as “Henning”) is a blogger who dabbles in magic tricks, in Germany.
Henning is the author of a blog, “Weekly Magic Failure” http://weeklymagicfailure.blogspot.com.
Rob Matthies (hereinafter referred to as “Matthies”) is an amateur magician in Vancouver, British Columbia, Canada.
ACTIONS & STATEMENTS
In 2010, Matthies posted video clips and advertisement comparing Matthies' group's performances and prices to other magicians on the Internet.
In 2010, Matthies used numerous HTML Tags & Keywords, text, and titles, including other magicians like Musgrave, in comparative advertisements.
Courts have consistently ruled that comparative advertising is legal, e.g. Coke vs. Pepsi.
Both British Columbia, Canada and the United States are “common law” jurisdictions.
On November 17, 2010, Jeff Jacobson, JD, LLM wrote in http://www.practicalecommerce.com
“Comparative advertising can be beneficial to the marketplace. It tells consumers the differences in products and allows competitors to highlight why the consumer should select its product over another product. The Federal Trade Commission’s policy in the area of comparative advertising encourages the naming of, or reference to, competitors.”
The FTC’s [Federal Trade Commission] policy states, “Comparative advertising, when truthful and non-deceptive, is a source of important information to consumers and assists them in making rational purchase decisions. Comparative advertising encourages product improvement and innovation, and can lead to lower prices in the marketplace. For these reasons, the Commission will continue to scrutinize carefully restraints upon its use.”
Matthies generally charges between $40 and $75 for a family magic show.
Musgrave does not dispute that he charges $700 to $1800 for a magic show.
Musgrave operates a website, www.sleightly.com.
Musgrave is the author of a blog, “Ye Olde Magick Blogge.”
Musgrave writes posts in an online forum, “The Magic Cafe” forum, www.themagiccafe.com.
Musgrave stated that his magic business has not been adversely affected by Matthies comparative advertisements. On or about 20 December 2010, Musgrave stated in: http://www.themagiccafe.com/forums/viewtopic.php?topic=394004&forum=177&16
“Truth be told, it hasn't had much impact on me either, since I'm not even working in Vancouver at the moment.”
On, or about 29 August 2009, Henning described himself, stating in:
http://weeklymagicfailure.blogspot.com/2009/08/wmf-roland-henning.html
Germany might be a small country somewhere in Europe, but there are quite a few good German magicians who give so much to the community. This guy is not among them. Roland Henning, a fat, porky guy who calls himself magician. So far, he is just like all of the others. But he runs a really nasty blog, called weekly magic failure. He uses the blog to make fun out of other magicians. He said: "I am just pointing out certain 'wrongs' in our community. So I don't know what the big deal is about." We all know that this is a lie.
As they are no "wrongs" in the magic community. Unlike other art like juggling and comedy, there is no trash talking in magic.
So Roland Henning is just a meany. But how can there be a meany in magic? The simple answer: There is not! Roland Henning, the arrogant sleazeball, is not a magician at all. He probably is a juggler or something like that.
He has no right to criticize any magician, for their skill, their behaviour or their actions. He is just an outsider who's words have no meaning at all, as he doesn't know what he is talking about.
On, or about 20 December 2010, Henning wrote in:
http://weeklymagicfailure.blogspot.com/2010/12/rob-matthies-is-scumbag.html
So now we got a title. And I know the following: Google will find this title and will link this when you search for Rob Matthies eventually. Because it is true. He is a scumbag.
Let me explain! Robert Matthies is a magician who found out that he will get noticed if he uses other magician's names to advertise. So he does have a really crappy video out that I urge you to look at at YouTube. That way you can see that the tags and keywords are basically all names of magicians from around Vancouver.
So whenever you look for one of those names, his video with his contact address will come up. The video also tells you how much Rob charges for an hour. 75 dollars. That is way cheaper than most magicians in the list. Ergo chances are good that Rob will get the job.
Such behaviour is a big "fuck you" to the faces of other competitors. You can read all about it right here and even more on the follow up
I think we have found a new low here.
I certainly do not endorse the following behaviour I am just telling you a story how a comparable case was "solved"
In Munich, Germany there is a common place for street performers. One day a Russian street performer was doing his show there. He didn't let others do their show, he just kept making money. (Usually if there are more than one busker a line up is discussed so everyone gets a fair chance to make money) Well, the other buskers were pissed naturally. According to the story this took place on several days.
Munich is big and it has a lot of performers. So it happened that this Russian performer was finishing his last show, packing his stuff and wanted to go to his hotel room. Let's just say he never performed in Munich again and he had learned a valuable lesson.
Vancouver is big too.
The first three hits from a Google search conducted on, or about 23 December 2009, for “Munich Russian busker” referred to Yiddish or Jewish entertainers.
Henning uses the “disappearance” of Matthies as a 'problem solved' for Musgrave.
Hitler's “final solution” against the Jews of Europe was to make them 'disppear'.
Matthies uses klezmer music in his video clips.
Henning and Musgrave did not dispute that they saw/heard klezmer music in Matthies video clips.
Matthies is a member of a visible minority.
Hennng did not dispute that Henning was motivated by hate in his postings.
Musgrave is the author of a blog: erlandish.blogspot.com.
On, or about 21 December 2010, Musgrave, using the pseudonym “ b d erland” wrote a 'thank you' to Henning in Henning's blog: http://weeklymagicfailure.blogspot.com/2010/12/rob-matthies-is-scumbag.html, in which Musgrave stated:
“Roland, A big thank-you for bringing this up”
Henning stated to Matthies on the Internet that he is a “hater” and can turn “ugly”.
On, or about 23 December 2010, Henning wrote in: http://weeklymagicfailure.blogspot.com/2010/12/this-post-is-just-for-you-rob.html
Now that we got that out of the way here are two tips for you.
1. Stop the way you are advertising.
You can be a Birthday Rescuer, you can do as many shows as you want to. But leave ther magicians out of this. And then others will leave you alone. Simple as that.
2. Be less aggressive on the Internet altogether.
There are many haters out there and if you let them speak up (like me), by waking the sleeping dog, it will turn ugly.
THE LEGAL QUESTIONS
Whether Henning is instigating acts contrary to the Criminal Code of Canada's hate provisions.
Whether Henning is instigating acts to restrain competition and commerce, contrary to the Competition Act (R.S., 1985, c. C-34), which carries both civil and criminal penalties.
Whether there exists a civil, common law, or moral duty to report a crime where the possibility exists a risk that one may be committed.
Whether Henning's posts regarding Rob Matthies fall within the Criminal Code of Canada's definition of a crime against a person.
Whether Henning's post against Matthies and the “Russian” buskers falls within the German Criminal Code's sections against hate speech or anti-semitic laws.
Whether Henning's post against Rob Matthies violates the German Penal Code regarding inciting a person(s) to commit a crime against a third party (Rob Matthies).