Back to the Further Future

Image: Peter Ruprecht

Image: Peter Ruprecht

Kestrel returns with a year 2 review of Robot Heart’s tech and music conference.


Last year I took a chance on Robot Heart’s festival debut. Now, one year later, that heart remains a lightning rod for any number of gripes about the social experiment in Nevada, and what it has become. Last week it became a literal lightning rod, as FF was body-slammed by mother nature. Last year the BLM’s shady permit-denial moves and the travel problems created by the “Fight of the Century” threw festival-killer curveballs at the event. This year FF was inundated by a season’s worth of rain in one day – so before anything else is said let’s all bear in mind that this crew of friends-turned festival producers are averaging 3 crises every 12 months.

 

For a fairly long and detailed background on last year’s event, the Paiute, and the infrastructure of FF, refer to my article from last year. For now, here are the basics: Further Future is a 3-day music and tech conference held on private property belonging to the Paiute Indians of the Moapa Valley reservation about 45 minutes N.E. of Vegas. Tickets prices are tiered, but average about $300, and one needs to apply for an invite code by sending a simple, one-sentence message. The code can be used to buy multiple tickets and has nothing to do with what you look like or how much you make. Camping accommodations vary greatly from self-camping to luxury structures. Water and WiFi are free, and there is cashless RFID wristband-vending but almost no branding. Attendance is about 5000 people, spread over a few dozen acres of desert. The bill is comprised of over 100 speakers, studio monitors and musical acts.

 

Bookended by the Robot Heart bus facing dawn, and a more traditional main-stage framing the sunset were a variety of structures. A beautiful outdoor speaker series stage called Booba Cosmica, a Creator’s Lounge to showcase and demo tech, a tight-packed disco called the Void, a pop-up dining hall, a spa, a yoga sanctuary, a surround-sound setup called the Envelope Satellite and a variety of art installs, chill-out pods and customized containers peppered the grounds. There was a general store and a farmer’s market. The event eschewed West-Coast fest mainstays such as flying runs of stretch fabric, flower-of-life tapestries and the “LEDiarrhea look” for simplicity and function. Staging was celestially oriented, and celebrated the natural beauty of the Mojave desert. This year, the addition of hundreds of wooden pallets made for a retro/Western feel evocative of Muse’s “Knights of Cydonia” video.

 

It’s eerily similar to the Black Rock desert, but the conditions are less extreme. (Usually.) No open fire. No LEOs besides Tribal Police. Do what you want, consume what you will, but keep your clothes on. Key times are dawn and sunset, the aesthetic is futuristic and silver, people seem to split their time between costumed photoshoots, TED-style talks and dancing. The population is noticeably more ethnically diverse than TTITD and skews both a little older and more European than the crowd at Larry’s party. It seems that news of last year’s success reached foreign shores, and the Cali. festy kids with little to risk who drove the 4 hours from L.A. were replaced to some extent by European couples in their 40’s and 50’s. People were friendly but not as aggressively outgoing as the crowd at The Awesome, and anyone who’s traveled in Europe will recognize the vibe.

 

There are two ways to talk about Further Future –  in and out of the context of TTITD. If no-one had ever heard of the other event, FF could simply exist as the finest small music festival in America and perhaps the world. Perfect sound at accessible stages featuring an expertly curated mix of diverse music with the addition of substantive talks delivered by actual visionaries in a gorgeous natural setting.

 

But the event doesn’t exist in a vacuum. It grew out of a TAZ which itself grew out of a specific historical setting. A very smart friend of mine sums up TTITD as a series of small cultural revolutions connected by a thread best labelled “The Search for White Identity.” Larry and his crew had the brilliant idea of bringing San Francisco-flavored Situationism to “The Middle of Nowhere.” (a White man’s conceit – Lake Lahontan has been an important meeting place for a long time.) The Robot Heart crew brought a very different East Coast and Far-East sensibility to the experiment a decade-and-a-half after guns and dogs had been replaced by techno.

This may have been the source of the rumor that the leader of Anonymous was there. Image: Ruprecht Studios

This may have been the source of the rumor that the leader of Anonymous was there. Image: Ruprecht Studios

I get the feeling that BMorg’s hyper-litigious corporate culture stems from decades of fighting off commercialization of their event, as well as downplaying the suicides, O.D.’s and sexual assaults that perennially threaten the very existence of the experiment. The most extreme example that comes to mind is their recent legal victory (documented on this very site) over a Canadian collective trying to incorporate a common synonym for “combust” into their domain name. I don’t use the word in my writing anymore, and similarly FF’s participants and speakers made little mention of the culture that birthed this new one, and the fear that Larry’s lawyers have instilled in us only pushes us further, faster.

 

We opted for a Saturday entry ($100 off) and that late arrival saved us a couple hundred on flights. Although it meant missing Four Tet, Tennis and WhoMadeWho. Bummer, but we stayed dry in Vegas. As was my experience last year, the journey from the Strip THROUGH the gate took under an hour. So easy compared to DFALT (Discovering Friends And Losing Things.) We set up our little Jucy rental RV and went exploring. I guess now it’s a tradition, but I insisted we made a beeline to the bus. As we entered the grounds, people’s regalia and costumes were on full display.

 

There’s no central Esplanade; rather the fastest way around is actually a curved road on the periphery of the event, with a stunning backdrop of the Moapa valley extending for miles on one side, with and everything else on the inside. It feels like K street around 10 in BRC, right where the outer ring is closest to the edge of our Lake of Dreams, and you can sort of see the shrubs out by 447 and the road the cops use to come in on, so the RH crew are right at home here!

 

People generally respected the fact that the other side of the road was tribal land, but used it as a photo-shoot backdrop. You didn’t get the feeling here that cameras are an issue, and there was a sign at the gate warning that one’s image would most likely be captured. I never, ever carry a camera or take pictures in BRC (other than to document builds and camp stuff) but here I felt like a kid at the zoo, and was glad to have a DSLR. Right as we entered a woman dressed in Dom gear and giant moon-boots was standing on a modded container snapping a bullwhip at a camera drone. You saw a lot of the “rhinestoned generalissimo hat and round shades” style that’s kind of an RH fan mainstay and looks way more “Frank Miller combat-hooker” than the “Haight Goddess and her Silicon Valley Unicorns” look people NOT from the West Coast tolerate in silence at BRC.

 

It’s always hard to tell who made what, but the costumes were fun and varied, and there were fewer normcore types and sports logos than you’d expect. I talked to a super daywalker-type from Minnesota in a polo shirt who was impressed by how respectful everyone was. I explained how I felt that while it wasn’t exactly horrible, the few butts around would cause a riot at the Main Event, and he had a tough time understanding why. For a second time, I witnessed zero shitshow moments/fights/nonsense, with the one exception of a bro who somehow slipped thru the entry code process and drunkenly bear hugged a hanging Hybycozo lantern that came straight down around him like Building 7. The pieces were intact, and they fixed it later, but he ran away into the darkness, hopefully to be bitten by some rattlesnake who’d wandered in, following a 75,000 watt thumping trail to Lee Burridge.

Image: Peter Ruprecht

Image: Peter Ruprecht

I won’t go into great detail about the music, except to say that I have a whole new library of stuff to listen to. Got to see The Pharcyde in the desert. Discovered a new sound in the form of UK act Elderbrook, when we just had to go check out the guy playing solo Fender Jaguar into Ableton plus soul vox on the Boba Cosmica stage. The stages and screens are gorgeous, and the festival sounds like a millionaire stereophile dragged bespoke systems out into the desert (It’s a “funktion-none” situation, from what could tell. The only brand clearly visible on an audio element were the RH logos on the Bus’s mid-stacks.)

 

Last year’s headlining slot (sunset Sunday) went to Bob Moses. This year we were treated to the Easy Star All-Stars playing Dub Side of the Moon in its entirety with a high def “Oz” visual accompaniment (so fun!) followed by HVOB, who, like Bob Moses, bring live vocals and native instrument flavor to minimal electronica. HVOB’s visuals consisted of mostly black and white flowing graphics that I believe were the work of artist Clemens Wolf, punctuated by the band’s simple “checkmark” logo. Minimal, Austrian, disarmingly beautiful, and a perfect companion to Dub Side. When I say the music is expertly curated, I mean the music is. Expertly. Curated.

Image: Facebook

Schmidt claimed that they were concerned about attacks from laser weapons. He was recently appointed to run the Pentagon’s new Innovation Advisory Board, so this may not have been ironic

But what really sets FF apart is the quality of the talks. Everyone knows of a theme camp that organizes a speaker series to help with their placement and give the illusion that the camp is bringing enrichment…but in execution the talks are a joke and everyone makes sure they’re not so loud as to wake up the DJ’s. Further Future’s speaker series had Eric Schmidt answering tough questions. The CEO of Google, ten feet away. As we arrived he was saying that “We are in a time where we know more but feel worse”…cogently acknowledging the existence of a new form of dysfunction that arose from the all encompassing knowledge-sphere his own company had helped to create.

I went primarily for the music and the talks about music, and I’m not an excellent judge on the caliber of conversations about the future of high technology. But a friend of mine who is far more knowledgeable than me about such things was also there, and he was impressed by the high level of most of the talks and felt that one could summarize the attitude of most of the speakers down to the idea “that you could harness technology (applied creatively), collaboration, and an orientation towards action and positivity rather than fear and apathy inducing cynicism – to transform the world.  That the future of technology might not be so much killer robots ala terminator but the opening of new frontiers for mankind.” He’s dubbed this view “techno-positivism” and he says that nowhere has he seen a better case for it than at FF.

 

There were as many speakers as DJ’s. The talks were fun, and there were many more questions than time to answer them. I witnessed an humanoid robot engage in an open-domain exchange about gardening. I experienced the Playa in 360 degree immersion through VR goggles (my first exposure to VR). I listened to a Princeton neuro-scientist talk about what happens to you put transcendental meditation masters into an MRI machine. When I suddenly realized I wanted an apple, I could buy one at the farmer’s market. The next day I got to hear the farmer who brought them talk about how we could get insurance companies to incentivize the consumption of locally-grown food. Last year the Soundcloud guys spoke; this year it was a Spotify team member’s turn. The giant, gorgeous display on the mainstage was used to host a mini film fest between acts, and Darren Aronofsky was in attendance.

 

When I talk about music publishing in a VR realm to people, I usually get blank stares in return. Here VR music distribution was a defacto topic of conversation across forums. The off-repeated fear that Oculus will make us all hermits was met with data on how VR can help treat autism. We were told about a project to create a VR sexual assault experience from the viewpoint of both the attacker and the victim so legislators could “walk a mile” in both shoes. The notion that this technology could actually create empathy and bring people together permeated both the Creator’s Lounge and Booba Cosmica. If it got too heady, you were a three minute trot from face-melting beats and just as far from a massage. Festival veterans enjoyed the cerebral moments, and the academics and inventors enjoyed the novelty of speaking in a tent in the desert. It felt both authentic and accidental, but more than anything it felt timely.

 

There were a few misses. Tycho was a no-show at his panel. For some reason, there were bare mattresses everywhere, and I actually preferred the staging and layout last year, where camping was basically inside the festival grounds. This year featured an actual manned gate, and security would either not scan you at all and just wave you by, or alternatively not let you in with a camera, seemingly depending on the individual guard. We paid for an RV pass for our Jucy, but since the van has no hookups, and we were just living in the lot anyway, it seemed like a waste of money, and at $250 split three ways, it’s not just pocket change. Last year felt more like a spontaneous gathering, but then it occurs to me that this might be nostalgia speaking. Am I doing the “It was better next year” thing? Already?

 

My first year I went alone – this year I brought two friends and next year we plan to bring a whole crew. We stayed ’til Monday morning, at which point RH’s friends were doing the “I’m MOOPing, are you?” judge-nudge that lets the strangers know it’s time to leave. (At this point Monday Beatport’s pre-written hit piece was already online. Contrary to popular misconceptions, mangoes are not $7 at FF. A freshly prepared fruit cup is. There was no pizza. Delicious, desert-appropriate portions of ceviche were $6. A McDonald’s-quality salad poolside at the Bellagio is $20. Who’s the 1% meow?)

 

Further Future can be done for less dough than most big festivals, and as more people realize how great this event is, the complaints about it being “BM for the 1%” will fade. The organizers are careful to use language that suggests they are willing to open source their event. They describe what “a” Further Future event is, not what “the” event is. Presumably this kind of “mindful optimism” is portable. It has to be.

 

One last thing worth mentioning is that this event takes place on Paiute land actually owned by Paiute, so some (presumably large) part of the ticket price goes to them. There is no temple, and the RH crew reminds participants not to strip down naked or wear anything Native-American inspired. For the second year, I didn’t see anyone break this rule. The main event, on the other hand, features white people building a temple on former Indian land that turns a profit for other white people.

 

Let that sink in next time you’re feeling sacred out there in the CNC’d shadows at the corner of Twelve o’clock and missing friends. The Paiute are missing a few as well….

 

…And if you are one of those for whom that land by the temple is sacred, and you’re feeling the crunch of ticket scarcity, whatever you do, don’t look West to the music nerds climbing their bus project. They don’t have any extra tickets from Bmorg. Nope, if you’re feelin’ that The Man has altered his contracts with you and made it harder for you to access your sacred land – you should write to him. The Paiute can tell you how that goes…

 

Image: Peter Ruprecht

Image: Peter Ruprecht

TTITD’ers are not all the same. We’re not all fire spinners, or DJ’s, and some of us even play guitar. There can be a kind of Etsy-conformity to our culture, and although I’m decidedly not wealthy, at times I felt like I “fit in” more at FF than BM. If you’re into the whole desert TAZ thang, but you’re not a fire-jock, this is the fest for you. If you’ve ever had a festy friend with their heart in the right place tell you to “add some color to your wardrobe” this is the fest for you. If you like your conversations about energy flow to happen with a guy who’s put lab instruments on Tibetan monks…then I’ll see you in the Further Future.

 

The other thing moves your heart. Further Future fills your brain. This is a transformational festival where people with the resources and skills to transform the planet interact with people who have already transformed their personal lives. To that extent, where the Impossible City in the Desert saves individual people, Further Future has started a conversation about how to save the world.

 

I’ll close with my tech developer friend’s words about FF:

 

“I find the internet hate directed at the so called “Burning Man for the 1%” to be almost embarrassingly unproductive.  These are not the 1%’ers we should be fighting.  These are the ones we should be talking to, working with, cross-pollinating with. Lumping them in with the Martin Shkreli’s of the world based solely on their net worth is just not the smart move here.”

 

There was a neon art piece out by the bus that read “This Is Just the Beginning.”

 

I hope so.

 

-Kestrel.


burnersxxx:

Thanks Kestrel for another fine guest post. And thanks to photo artist Peter Ruprecht for these images, he says:

The future is not something that happens to you but rather the fabric with which you shape your destiny. It is part raw material, part pre-built. It is up to us to learn to navigate the challenges, successes and shortcomings in a manner that makes the journey worth the result and the result worth the journey. It is that perfect dance of embracing your future, accepting your past and loving your present. Thanks all for your gifts out there…thanks Further Future and Robot Heart!

I took some cellphone video of Eric Schmidt’s talk. Like always at these things, you look around and see lots of professional photographers and fancy camera setups, filming away. Where does all this footage go? Seemingly, not on YouTube. Anyway, it’s shaky, it’s shitty, but it’s better than nothing…

 

El Sherpo: Latina Labor Abuses At Plug-n-Plays

https://instagram.com/p/7ei_n-tkXyYXa5C1yf8un9QsvV2vlHci1-qLg0/?taken-by=mexicansandyballs

(NB: the Burner pictured is a full participant, not a sherpa in any way)

A guest post by Buena Chica. This first appeared in the last edition of this year’s Black Rock Beacon.


 

Everyone has their breaking point – when we sit in silence, break down, and cry on Playa. Sometimes we cry out of gratitude, in awe of the beautiful installations and experiences that have been so laboriously created for our entertainment. And sometimes we cry at the realization that we have been doing it all wrong for so long in our lives.

My own tears this year had a completely different base. I had long heard about those plug-n-play camps: Building a compound surrounded by giant RVs to keep the “peasants” out of the decked-out “members’ only” elaborate amenities. Considering the “Sherpa” phenomenon of last year’s burn, and the promise by Bmorg that these camps would align to our Ten Principles, I was shocked to encounter the construction of one such camp during my own Early Arrival on August 21st.

Let me be absolutely honest, my fellow Burners, and tell you that even now I am crying as I write these words: My shock quickly turned to horror as I observed that this particular plug-n-play camp was being built by Latino laborers. Every day, as all the Early Arrival Burners went on building the city for you, these Latino laborers worked from early morning through the night to build a camp for people who are obviously oblivious of the Principles that have taken so much time to establish in our temporary city.

It took me four days to build up enough courage to talk to some of the laborers to learn about the appalling conditions they contracted to: Low pay and no leaving the camp nor being present on the rare occasion the camp opens its doors to the general population. As more and more Burners started arriving to set up their own camps, I was further appalled by the comments they would direct to these workers. From my own tent I heard on more than four occasions passengers of art cars driving by hurling insults such as “How does it feel to work for rich people?”, “Fuck your Burn, Sherpas,” and “Get out of my city.” So not only were the Latinos brought in to serve a particular kind of people who do not abide by our Principles, but now they were being abused by our fellow Burners who did not understand the situation: They are NOT Sherpas, as at least Sherpas are invited to entertain at parties. The workers were particularly selected to build these kind of camps then stay out of view and not partake in the rest of “our” Burner experience.

We hear it every year: Why are there no minority Burners? Well, here is one answer for you: You bring people who look like me to serve you but not to be seen or integrated as equals.

Just yesterday I walked around Center Camp Cafe to see the amazing artist murals. There is a display of colorful pictures. As I stepped closer, I observed that everyone in those pictures looked like me – Latino, African-American, minorities – who had been killed by cops in the Default World. I turned around to see Burners in various getups and outfits on bikes going in every direction. Nobody looked like me. I turned back to see the mural again; everyone looked like me. And then I remembered the 15 or so Latino laborers at the plug-n-play camp hidden away from view not far from the 9:00 Plaza.

Why are there so few minorities on the Playa? The answer lies within. How do you see me? How am I included in your own lives in the Default World? Am I just your hired help? Or do you include me as a participant in your own community? If you do not ask these questions, then you are Doing It Wrong, not only these abhorrent plug-nplay camps.


This article was written Saturday morning and published in Sunday’s edition of the Black Rock Beacon. On Saturday evening, Buena Chica was at The Temple of Promise and observed the BLM arrive in a procession with pictures of fallen comrades.  A crowd of Burners started chanting “All Lives Matter” which is a total indignation and insult to the “Black Lives Matter” movement in the default world……. but as the BLM receded, Buena Chica finally read the message written by the BLM upon the Temple’s entrance: Police Lives Matter.  She is grateful for the Burners who stood in solidarity and acted with IMMEDIACY to remind the BLM that they are Doing It Wrong and do not fully follow our Principles as well.

Suing For Your Supper [Update]

Thanks very much to Burner ShaggyDog for this guest post about some of the legal issues surrounding the recent Quiznos parody.


The BMOrg has put out quite a bit of bluster regarding a certain ad for a sandwich company – one that pokes fun at Burning Man with a satirical caricature of some aspects of the culture (mainly the ones that have received the most attention lately – it comes not even close to capturing the full gamut of Burning Man). And though BMOrg’s intent may be to protect the culture from commodification, their PR department has come off looking pretty foolish for their efforts, with outlets such as the WSJ and the Young Turks satirizing the Borg’s response to this satire. Their response has also had the side effect of generating yet more free publicity for the very ad they were trying to squelch.
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Whether you love the ad or hate it (I thought it was on point and hilarious), it’s pretty hard to argue that this isn’t Commodification in some form. The more difficult question is what (if anything) should the BMOrg, and we burners more generally, do about it?
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BMOrg has opted for the route of legal sabre-rattling, but as Thomas Schelling taught us in his masterpiece ‘Strategy of Conflict’, for a threat to be effective, it must be a credible threat. How credible is the BMOrg’s implied threat within its Cease & Desist letter to Quiznos? Let’s take a look at what the law says.
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Intellectual “Property” – Trademarks and Copyrights
Intellectual property laws bestow certain rights on creators and persons to control how their creations may be used. In the USA, thanks to the American Enlightenment principles of the founding fathers, these rights are based in a utilitarian philosophy which recognizes the tradeoff between encouraging the creation of good works, and limiting freedom of expression. This is interesting, because we can recognize similar tradeoffs between conflicting (10) Principles – for example Radical Expression vs Civic Responsibility, or even vs Decommodification.
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IP protections includes copyright, trademarks, patents, trade secrets, and a few other esoteric and less common constructs such as design patents and character rights. But the only protections relevant here are trademarks  and (maybe!) copyright.
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Copyright law exists to encourage the creation of art and culture, by granting their creator a limited monopoly to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. The ‘limited’ part of the monopoly is important, and includes not only a time limit, but exceptions such as Fair Use.
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Trademark law, at least in theory, is primarily about preventing consumer confusion and protecting the consumer. It is helpful both to the business and to consumers to know that when they buy Spanky®’s meat tubes they are getting meat tubes that have in fact been produced by Spanky®, and not by an inferior competitor that may be using hazardous ingredients, or extruding them from a nearby communal Fleshlight.
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The Burning Man trademark
The BMOrg (or rather, the Orwellian-named Decommodification LLC) controls the trademark for “Burning Man”, allowing them to prevent others from attaching that name to their products and services to prevent confusion and protect their brand. But that isn’t a free rein to control any and every use of a trademark. Imagine if you had to seek permission every time you said to your friend “I’ve got an idea for an art project. Wanna go and photocopy our butts at the local Kinkos?”. Mayhem would ensue. It’s pretty hard to talk about visiting Kinkos without using the word Kinkos. And in fact this situation is covered under existing trademark case law – it is called “nominative fair use” and applies when you are using the trademarked name of a thing to refer to it accurately, there’s no other simple way to refer to it, and you do not imply any endorsement by the trademark owner. These all apply to the Quiznos ad, and so BMOrg’s trademark case is looking pretty anaemic.
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Add to that the fact that parody is typically afforded even more leeway in fair use rulings, and it’s clear the Borg’s case never really had legs. An instructive example is when Mattel sued MCA records, the label responsible for Aqua’s ‘Barbie® Girl’, over their use of the trademark. The case dragged on over 3+ years and several appeals, but Mattel lost every one of them. So the BMOrg were shooting blanks in their C&D, and one wonders what they hoped to achieve?
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The Embrace copyright
Matthew Schultz has also written some heartfelt posts about the exploitation of his work – the Embrace sculpture – in this ad. I really feel for Matthew, and Embrace was an incredible achievement, one that it is hard not to feel is cheapened by such a use. But the law is likely not on his side, and even less on that of the BMOrg. In fact, BMOrg don’t even have standing to sue over the inclusion of Embrace in the ad, because they don’t own the copyright – the Art Grant contract gives them only a perpetual unlimited license, which does not provide the right to sue.
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Matthew could assign them co-ownership so they could sue on his behalf, but that would not achieve much either, because the real problem here is that the use of the copyrighted Embrace design and image here is very likely protected by Fair Use.
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Copyright fair use is determined by a four factor test – Purpose and character of the use, Nature of copyrighted work, Amount and substantiality of portion taken, and Effect of use on potential market.
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Though the commercial nature of the work would go against a fair use finding on the “purpose and character of use” factor, the other three factors are pretty clearly in Quiznos’ favour.
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The use of the work was not only transformative, but parodical (and parody is seen as an exemplary fair use). The substantiality also favors fair use – it was shown incidentally in the background for a split second only. And the effect on the potential market is also in favor of fair use – as there is no secondary market for a work that you burn. It is a somewhat bitter irony that the Decommodification principle ensures that the market for the work was never really a motivation to begin with.
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So on both the trademark and copyright aspects, this is a very tough case for anyone wishing to sue Quiznos. So what should the BMOrg have done?
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The Streisand Effect and the Internet Outrage Machine
Perhaps confusingly, I think the answer is probably very little. The BMOrg doesn’t have the ammunition it needs to make credible threats to Quiznos. And on the internet things like threatening to sue (which is all a C&D letter really is) have a terrible habit of backfiring.
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Trying to bury something on the internet is basically impossible – as EFF founder and long-time burner John Gilmore said “The Net treats censorship as a defect and routes around it“. Without the ability to censor, pushing back on something has the opposite effect to that desired –  it draws more attention to it! This is the infamous Streisand Effect, named for the incident in which Barbara learnt this valuable lesson. With so many tech-savvy folk at the Burn and in burner circles, you would expect the Borg to know better.
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So the best course of action for the Borg was probably to ignore this and let it blow over. Maybe write a little blog on Voices of BM, but don’t go threatening anybody, play it down, and ignore these tacky fuckers commodifying our Burn. Expressing any kind of moral indignation is a lightning rod on the internet – outrage attracts eyeballs, and with them clicks and advertising dollars. So much for Decommodification.
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Community Solutions?
So what is left to us? We can’t rely on some omnimpotent (sic) authority figure to solve this problem for us. Is there anything we as a community can do?
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Sure. Don’t buy Quiznos. Don’t share the ad. That’s easy right there.
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More challenging and more risky would be to hijack their message, and make it work against them. There are some precedents to hijacking PR messages and turning them against their creators. Anonymous is a master of this sort of thing with its constant fuckery with online polls and the like. But even arguable failures like Fitch The Homeless are instructive here. The notion is to co-opt in turn those that are co-opting our culture, and do things they don’t like with their brand. On the FB Victor suggested re-purposing Quiznos subs as buttplugs – this is exactly the kind of message hijacking that might work.

victor facebook suggestion

This can easily backfire though, especially to the extent that this is a brand where “there’s no such thing as bad publicity” is true (the Kardashians spring to mind).
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If we really are impotent to fight this sort of commodification, we might have to just be happy with building our own communities and living within them, and not paying too much attention to this sort of exploitation by external actors. Really that’s what we’re already doing.


Burners.Me:

Just to add further to ShaggyDog’s excellent commentary. There has been an attempt to “fuck with the fuckery” – replacing the audio in the Quiznos ad with “eat a shit sandwich”. This is a more “Burnery” approach, IMO.

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In the final Supreme Court ruling on the Mattel vs RCA Barbie Girl case, the judge ordered the parties “just to chill” . Mattel eventually chose to embrace the Aqua song, using the music in official Barbie TV advertising in 2009.

 

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Uproxx in an article titled Our Nonsense Is Serious! Burning Man May Sue Over Legitimately Funny Sandwich Ad compares the situation to the Book of Mormon. Rather than suing the South Park guys behind the spoof, the church embraced them – advertising in the musical’s playbook, and even sending busloads of churchgoers to Broadway to see the show (if you’re lucky enough to have seen it, you’ll know that it’s harder on the Africans than it is on the Mormons).

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Other Burners have raised the example of another recent parody “Burning Man – The Musical!”, which BMOrg seem to have allowed so far.

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This article at TechDirt Myth Busting – Yes, An Advertisement Can Be Fair Use Parody has some good information and further links.

 

A few choice comments from Reddit:

HotterRod:

The primary protection for trademarks is to prevent consumer confusion. No one is going to confuse a sandwich with an arts festival, so that’s obviously not in play here.

The secondary protection is dilution of the brand (in this case tarnishment: “association arising from the similarity between a mark or trade name and a famous mark that harms the reputation of the famous mark”), which is covered by the Trademark Dilution Revision Act of 2006. Section 3.b & 3.c explicitly exempts news and noncommercial use from charges of dilution, so the rest of the act covers commercial use. The Act section 3.a.ii defines fair use as:

identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner.

Personally I think Quiznos’ ad is obviously fair use and the Org’s purpose here is to scare off other people who might make parodies and don’t have a legal team to defend them. It’s sad that the legal system works that way. 🙁

Deckard256:

I think the bmorg is gonna have a hard time on this, and quite frankly I think it’s a bit hypocritical to piss on Quiznos over it. How many parodies of business has burning man hosted over the years? Wall Mart, Costco, Starbucks, jiffy lube, and Wall Street are just a few of the brands major theme camps have parodied. The org should lighten up a bit. If a samich shop can make everyone giggle like this, then maybe they’re saying something about the event that everyone else seems to be clued into. 

Larry Harvey: (not on Reddit) 

“Gift giving networks can produce massive amounts of social capital, and the rate of return on social capital is a lot better than the rate of return on normal capital investment in the market world”

ABurnGuy:

They took that social capital right to the bank!

And now with the hordes, sufficiently convinced by what they read in the brochure about ‘decommodification’, bring the pitchforks out whenever it isn’t Blessed By Larry. Of course they don’t seem to care about it if Larry Likes It.

A dumb internet video? We need the lawyers, they’re profiting off of our brand!

People running for-profit camps at Burning Man itself, directly profiting off of the brand and experience? Oh, just have some token effort to pretend you’re a “theme camp,” it’s okay, commodification is a spectrum!

(Spark BluRays on sale near the door. Make sure the last one to leave turns out the light.)


Now that BMOrg have come out and said “People at our office thought the video was clever and funny” and “we are not threatening to sue Quiznos”, I wonder if the Burnier-Than-Thous will change their tune also? Burning Man was never supposed to be serious.


 

[Update 9/17/15 7:34am PST]

The Voices of Burning Man have finally spoken. It seems they have a brilliant sense of humor, and really enjoyed this funny joke. It’s just, they have to stick up for the poor artists who got no compensation for someone else making money from their work.

As creative and funny as it was (we had a good laugh, we’ll admit), clever unfortunately doesn’t trump our commitment to protecting our community from commercial exploitation. We’ve been fielding anguished calls and emails from participants and horrified artists whose creations were used in the video without permission, a number of whom who have issued take-down requests of their own accord. We can laugh at ourselves. But we’re not laughing when a corporation exploits the artwork of others under the guise of poking fun at our event.

Brings to mind Green Tortoise, the exception that proves the rule of how they protect our community from any commercial exploitation.

Halcyon aka Pink Jesus has weighed in on QuiznoGate (I was calling it SandwichGate to avoid promoting the brand). Facebook users can follow his new “happy happy joy joy” page Pink Hearted at Burning Man and Beyond. Even BM’s biggest fan is outgrowing the NV Burn…