South Bhak – Burning Man and South Park S18 Connection *Again*

Bhak Jolilcouer may have a point. He saw a lot of parallels between last week’s South Park Season 18 premiere, Go Fund Yourself, and his situation with a trademark that was in the public domain in Canada. It inspired him to create a Gofundme looking for help in his battle against the mighty BMOrg legal machine. Please give him some support, he’s about half way towards his modest goal. He can’t afford an attorney so he is looking for legal assistance also.

redskinsAnyway, I went back and watched the episode again after respected commenter Nomad Traveler separately told me that he too saw a lot of parallels between Go Fund Yourself and the Burning Man situation. The second time round, I was convinced that they were both right. The episode could absolutely be a metaphor for Burning Man, and their trademark wars.

Episode 2 of the latest Season just aired tonight, and I’m now more sure of this connection than ever. Watch Season 18 Episode 1 and you too will probably notice the many parallels between Burning Man’s trademark fight against the Canadian Burners who are battling to keep the term in the public domain (as it has been up there in the North for decades), and the South Park kids’ fight over the Washington Redskins. The cultural sensitivity issues of feathers and head-dresses obviously resonate with many Burners, and the idea of making money for doing nothing via crowd-sourcing is somewhat reminiscent of Burning Man.

Marketwatch had an article about the episode entitled “What South Park Can Teach Us About Silicon Valley’s Bro Culture” (Burning Man IS Silicon Valley, remember…):

The show pokes painfully overt fun at the American sociocultural niche that is Silicon Valley. “It captures a lot of the way the rest of America views what’s going on in this small corner of capitalism,” said Josh Brown, a New York–based financial adviser at Ritholtz Wealth Management and writer of the well-known blog The Reformed Broker. “Outside of that [tech startup] space, people don’t have the luxury to build companies that are made to just sell to someone else.”

cartman 4 point plan“South Park” character Cartman lays out a four-point plan for startup success: start up, cash in, sell out, bro down.

“By pledging just one or two dollars,” Cartman urges potential investors in a mock Kickstarter video, “you are helping us in our fervent quest of not having to do stuff.”

This, of course, is an exaggerated portrayal of reality…But, as with any satire, this parody is laced with truth.

Well-known venture capitalists…have criticized the culture of modern-day startups, particularly regarding so-called burn rates, or the speed at which new companies burn through the cash they have raised.

Broners, dude?

This week the idea that South Park may be giving us a timely message related to Burning Man continued. Either that, or both Bhak and I are going mad and thinking the TV is talking to us…you have been warned!

Without giving too many spoilers away (but I will further on), an awesome party that everyone was looking forward to was cancelled. And the people couldn’t believe that the decision makers just gave up. Cartman goes tripping in the desert and saves the day.

South Park is made in about a week – an astonishing accomplishment, and most definitely Bad Ass Burner-worthy. I recommend the documentary on the making of it, 6 Days To Air. I know that people involved in the show at a high level are veteran Burners, and love Burning Man.

The show is made in LA. This week, the LA Decompression party was cancelled. The LA Decom organizers decided a week out from the event that they wanted to take a year off.

Dear LA Burner Community,

 There will not be an LA Decom this year. We are officially taking the year off. 

We honestly and very sincerely tried. The park is closed for renovation (this we knew a year ago). We found a new location that we were very excited about but then management changed and so did the terms of the agreement making the location no longer perfect for our event.  So we went on the search for a new location. For months, we made numerous phone calls to venues, talked to city officials, and went location scouting. And we did find a wonderful location right in downtown LA. But the date when we want to use it, backs up to another production already there shooting. It is a less than ideal situation that could easily be disastrous for us if that production runs late by one day. And it probably will.

towlie-south-park-videoSo the bottom line…We’re tired. Exhausted really. And we honestly need to take a year off from producing this event. And we know many on the team feel the same way. At the Town Hall meeting in February several theme camp and art installation leads expressed similar feelings about taking a year off. So we are throwing in the towel and finally listening to you and probably also the universal playa dust. It is time to take a break.

We highly encourage your participation in San Francisco Decompression October 12th www.burningman.com/blackrockcity_yearround/special_events/decompression/decom2014.html and YOUtopia in San Diego October 16-19.  http://sdyoutopia.com

Locally, we have monthly Burner Meet ups the first week of every month. Wednesday at Barbara’s at the Brewery in Downtown LA, Thursday at Roosterfish in Venice, and Sunday at The Other Door in North Hollywood.

December will bring the White Blissmas Charity Ball and March is BEquinox.

Thank you for your participation and contributions to the 12 years of LA Decom. We will come back in 2015 for our 13th year rested up and stronger. Ready to burn brightly and shine on! 

The LA League of Arts and Your LA Regional Contacts

South Park are some of THE most talented and cherished artists in the world, and most especially Los Angeles. I could easily imagine the Burners on their team feeling bummed to lose their Decompression at the very last minute, because the regional contacts were “tired” and knew about a problem for a year but just decided to take this year off “in case” their venue cancelled on their (existing, paid-for?) booking? There are a lot of Burners from LA, 16618 at LA Burning Man, 4329 at Curious Josh’s LA Burners,  and 2879 at Burners.Me’s Facebook.  That’s 23,826 people, just on our three groups. There are a lot of LA Burners, including many who didn’t go to Burning Man this year but were looking forward to hearing all the stories about it when they met up with their friends at Decompression.

Many of my LA Burner friends could organize a party for several thousand people at the drop of a hat, so cancelling like this with a week to go is pretty lame. Couldn’t they at least hand it over to a club, so they didn’t have to do anything and Burners can still attend? If Burning Man was owned by the Community, that could happen; in Decommodification world, this is the result. One wonders if there is some other, unstated reason, behind this cancellation – a request for insurance or a royalty payment from BMOrg, perhaps?

Watch the episode for yourself and see what you think. Spoilers ahead…


ebola suitsI’ve watched it a few times now, the more I see it the more connections I see to the Burning Man story that we’re all part of right now. The transition to a non-profit, presented as a benefit to the community, has instead led us to Commodifcation Camps and the classy spectacle of charity-on-charity lawsuits. What that means for the future of the community is uncertain. A huge influx of virgins every year seems to be an indication that pleasing the Burners who built the city and brought the spectacle out there on their own dime for so many years, is less important to shark-jumpers BMOrg than preaching the Gospel of the Principles and social engineering to an increasingly mainstream audience of misty-eyed first and second timers.

Some of the links I see:

The kids want to throw a party, it gets cancelled by the suits. Turning the pyramid upside down, things aren’t going to get better they’re going to get worse (according to Cartman), the big fuss about nothing, the fear that something bad might happen which is kind of ridiculous. All the rule makers getting involved and trying to spoil the fun and ruin the party.

south-park-s18e01c02-furry-balls-plopped-menacingly-on-the-table-INC_16x9Epsiode 1 of Season 18 – Go Fund Yourself – saw the kids having a good time on top of the world, as they used crowd-sourcing to get rich off the efforts of others; and ended with them bummed. “I guess we gotta go back to school”, sighs Cartman. This aired on Comedy Central tonight immediately before Episode 2.

Episode 2 of Season 18 – Gluten Free Ebola, or GFE – begins with everyone remembering stuff from the week before, which in my memory hasn’t happened before in South Park (although they’ve had several multi-part episodes). The boys comment on it. It builds a link to Go Fund Yourself, which will also be repeated later in the episode.

Someone has set fire to the gym. Since it burned down, the kids are bored and have nothing to do. The other kids won’t talk to them after last week’s adventures. They need a big fucking party that the other kids can go to as well, so everyone thinks they’re cool. They need a cause to throw the party for, because they can’t throw it for themselves.

They go to the media to promote the most epic party ever.

“Get the party started”, sings Pink leading them in.

Stan: “It’s going to be this weekend”. LA Decom was going to be this weekend.

Cartman: “we want to give back to the community and show everyone a good time”

Later, the party gets shut down because of the rules changing.

The rule-making suits talk about Poppycock and dough.

gluten free ebolaThe parents – afraid that gluten is like the Ebola virus – take all the pizza and cake, preventing the kids from throwing the party. They throw the goodies in a big bonfire, and stand around it in a circle yelling boorishly. The grown-ups look very much like the Default world, not the happy joyful world of the party the kids wanted to be in.

Men in black sweep through the fields of gold (wheat), Burning everything in sight – destroying it. The scorched earth policy, show no mercy.

The suits from their strategic command center say they’ll do whatever it takes to stop this crisis, but it’s too little, too late for the kids. Their party is cancelled.

Cartman, falling asleep: “The world is upside down guys. Things aren’t going to get better, they’re going to get worse”

In a dream sequence, Cartman hears

Clyde: “you fouled at the party. Your party sucks”

Token: “c’mon guys let’s go”

Jimmy: “no food at a party? And I thought I was handicapped”

Voices: “what’s up with this party? where’s the food? What a loser!”

Cartman then meets Aunt Jemima on the porch in a magical forest.

Aunt Jemima: “There’s people in trouble Eric. They need to be shown the way. You need to get to the USDA child. They looking for a sign”

Cartman eats Aunt Jemima’s pancakes, and starts tripping in the desert. Aunt Jemima tells him to look for a sign from the USDA. By this time the Feds have got involved with the labcoat suits.

Aunt Jemima: When you’re stuck, look to the pyramids. They got it wrong child, the world is upside down

Cartman: oooo …tripppy

Day goes into night, while Cartman is tripping balls in the desert.

Aunt Jemima: tell ’em they gots it backwards.

Cartman: “they got what backwards”?

A big white explosion of light happens at the climax of his trip.

A golden triangle that looks just like the face of the Man appears, shining. There is a white line running across the face of The Man/side of the triangle. The white line intensifies, and the face cracks then explodes.

Jason_friend_iconDistorted, disappointed, Disoriented faces of some of the kids appear, amplified in mirrors. One of them looks like a character from the awesome South Park PS 3 game The Stick of Truth who I’m sure is based on a certain real-life Burner I know and love.

I can’t make out everything the kids say, “adventure!” and “party!” and “fun!” sound like three of the words.

Then Aunt Jemima’s head explodes, and is replaced with the golden triangle with the white line across it – the face of The Man atop a humanoid body, holding a tray of the magickal pancakes.

When Cartman wakes up from his dream, ending the scene, his first words are “Fuck I want pancakes”.

Once the triangle appears as the face of Aunt Jemima, I think they are making it pretty clear that it is meant to be a face. So its similarity to the face of The Man is striking. The white line…well, make of that whatever your mind conjures up. Playa caterpillars.

They cancel the party because of stupid rule-making decisions by the bureaucrats.

randy papa chicken johnsRandy and Mr Garrision get seized and taken to Papa John’s (pizza…Chicken?)

“This whole thing was a setup”.

The older Burners characters end up isolated in quarantine at Papa [Chicken] John’s.

Randy: “they don’t care about us any more”

“Maybe Papa [Chicken] John can help us”

The boys go on a radio show, hearing angry calls from the people about the cancelled party.

“This is not a time to party. This is time to get serious”, says Stan, always a buzzkill.

Clyde: “I knew you guys were going to bail on the party”,

Jamie in Como: “you say you’re going to throw the most epic party of the decade and then you rip it away…it’s kind of like telling everyone to go fuck themselves” – which is another reference linking this episode to Season 18, Episode 1.

Wendy: “why are you doing this party Stan? Was it because you made people mad in school, or because you just wanted to be a big shot?”

Stan: “we wanted to bring people together and help [a cause]”

Wendy: “so then in the time when people really need to come together, you cancel on them. I’m pretty sure [the cause still exists]…When things change or things come up, you don’t forget about everything you promised people”

Cartman calls in, sounding like he’s still tripping, with the answer from the pyramids.

Suits: “the pyramid? That’s ancient stuff you’re talking about, are you sure?”

Suits: “the pyramid doesn’t work, we’ve already tried it”

Cartman: “the pyramid is upside down”

When they flip the pyramid upside down, putting all the naughty things first, the people rejoice! The triangle shape appears again, stabilized in green light.

The kids’ party is a huge success. The Fun booth is crowded.

Token: “Well I got to admit, you guys throw a pretty sweet party”

The boys accept the praise humbly: “We’d do anything for our bros man”

“I’m glad people aren’t mad at you any more“, Cartman tells the USDA suits.

Randy sings as tranny Lorde. The suits take photos on their smart phones.

“I loved him and he needed me”, Stan tells Wendy

“You’re so transparent Stan”, replies Wendy… “You wanna dance?” She takes his hand and leads him to the dance floor.


What does it all mean? Well, Music Times sounded baffled:

So what are Trey Parker and Matt Stone trying to get at here? We have two theories: 

1) News networks are flipping out regarding Ebola and the possibility it may come to the United States. The South Park honchos might be mocking the paranoia and general ignorance displayed by panicking Americans. Ignorance is playing a huge role in the spread of the disease in Africa and this might be a subtle shot at that. Of course, Texas just got a confirmed case so hopefully Stone and Parker don’t look stupid come next month (for the sake of the world). 

2) Last week’s episode unexpectedly ran into this week’s episode…could it happen again? Perhaps the inevitable side effects of eating straight butter will play into next week’s plot. Stay tuned. Either way, we refuse to believe that South Park would make as little sense as it seemed to have at first watch this week, especially after last week’s tight and seamless master satire. 

Read more: http://www.musictimes.com/articles/11154/20141001/south-park-recap-ebola-gluten-guest-appearance-lorde.htm#ixzz3ExfHrO8H

It also made little sense to IGN.

Let me propose to you an alternative interpretation, Burners. When seen through the lens of Burning Man, and the cancellation of the LA Decompression, this episode can be easily understood, and is hilarious. Cartman tripping in the desert – could it be any more obvious? The new South Park season started a few weeks after Burning Man ended. Did anyone on the production team go? I bet they did. And I bet they’re talking to us through their show.  It’s not just a mindless cartoon, there have always been very strong, deliberate (and awesome) messages in South Park. As an interesting side note, the Daily Show is also at Season 18 on Comedy Central.

aegean turkeyIs this episode about a party that gets cancelled actually a reference to the cancelled Decompression party, and the lack of effort by the owners of the Decompression trademark to support the very strong and vibrant Burner community in LA? All they had to do was let some other Burners throw the party instead, and use the Decompression name. Burners NEED to decompress, we can’t all take luxury yacht cruises along the Aegean coast as our recovery from Burning Man. Many Burners need to get back to work, and find adjusting to the Default world again hard – they long for Decompression. “Go to San Francisco or San Diego instead” is pretty lame when you consider that LA is the 2nd largest metropolitan area in the United States, and 13th largest in the world. It’s about the same distance driving to Burning Man headquarters as Burning Man itself is, it’s an hour flight. 18.2 million people, and they couldn’t find one person who could be bothered to throw a party for Burners? Methinks they doth not try very hard. Maybe it’s not too late, if anyone down there wants to step up please comment.

Decompression is no longer owned by BMOrg, it’s now owned by the 6 founders of Burning Man. They would rather have official (Law) suits against people who’ve been promoting the Burner scene for 20 years in foreign countries, than a simple fun party for everyone in LA. Like the folks in this South Park episode, they don’t care if the everyone is mad at them about Commodification and all the stupid rules; they don’t seem to care that their rules lead to a cool party like LA Decompression being cancelled.

Are South Park telling us that Decommodification LLC have it backwards, suing Burners for trying to keep Burning Man in the public domain? If they don’t turn the pyramid upside down, the white lines are going to make the whole thing explode?

Non-profits suing non-profits does sound to me like they have it all backwards.

Decommodification LLC own the trademarked term “Decompression”, so that they can control Burning Man Decompressions. So any Decompression has gotta be either theirs, or nothing. As we can see from the current lawsuit against Napalm Dragon, they believe that ownership extends everywhere in the world – and owning a trademark for the term in your own country means nothing to them. Wanting to keep a public expression based on a non-unique phrase in the public domain, within the laws of that country, should be over-ridden, the name seized, and the charity should be punished to the tune of $40 grand. That’s about 100 tickets to them, meaning they give away more than that to their friends. It’s not clear whether Decommodification LLC is paying for their own lawyers, or using the Burning Man Project’s attorneys – a $1.4 million annual budget item for the group.

Burning Man’s LA contacts were too tired this year to throw a party. This was officially announced on Monday, but the word about the decision may have got out earlier. The party was supposed to be this weekend, October 5, so this is pretty abrupt notice.

I see both episodes so far of South Park’s Season 18 as very much talking to all of us about Burning Man – or at the very least, teaching a lesson which is particularly relevant to our community at this point in time. Perhaps this is a sign of support for the cause of open-ness and public domain. If you truly believe in Communal Effort and Civic Responsibility, then Free, Open Source software and hardware systems and transparent, efficient, and pleasant government should be the goal for how your city is run. The public domain, the Creative Commons, benefits all of us – and especially at Burning Man. This is the very essence of the thing, it’s raison d’etre, the pure spirit of Burning Man. That’s what it’s all about, sharing our gifts with each other. We all gift our art and performances to each other, for the benefit of all. It is difficult to see how Decommodification, LLC benefits more than a small cabal of 6 owners and their retinues of retainers.

That’s why I’m supporting Bhak, and – even if the TV’s not really talking to us – I hope the Burners at South Park studios and all their fans will help out too. If anyone from the South Park team is reading, please comment – we love you guys.

Free Burning Man! Radical Inclusion, Participation, Gifting, Communal Effort, Civic Responsibility, Immediacy, Leave No Trace, Radical Self Expression, Radical Self Reliance, Anti-Commodification – they all support a free thing that we make together, not an EDM festival that a handful of people monetize and sell as a commodified package to high rollers.

Thanks to Burner Paul for sending in Why You Should Care That Lady Gaga’s Suing Me For $1.4 Million , an interesting apertif for readers who’ve enjoyed this story.


http://vimeo.com/49564370

http://vimeo.com/49564371

BURNILEAKS: Bullying the Burners [Updates]

The post-Burning Man headaches for BMOrg continue to mount. If you believe in karma or physics, then you understand that for every action, there is an equal and opposite reaction. If you threaten legal action towards the people who create your global following, you should consider the risk that something might come back to bite you in the ass. Such as, your own words, and proof of the motives behind your actions.

At least, that is what’s being threatened, by some Canadian Burners who appear to have little defense left to them but the “nuclear option” of revealing the truth.

chickenookpikThere are as many people at Burning Man from Canada as from Nevada. 20% of Burners are international, and more are from Canada than any other country. It’s 6-7% of the Burner population. Canadian Burners have spent decades building up our culture by throwing burns all across their vast country. Someone has legally owned the Canadian trademark “Burning Man” for many years, and BMOrg are suing them even though they appear to have registered no trademarks of their own in that country. Perhaps they think that Canada is just another part of America?

We covered the beginnings of this dispute earlier in the year: Canada Draws Battle Lines For Burner Culture. As per usual, naysayers came out to accuse us of click-bait and fear-mongering.

Well, fear not, nay-sayers. The Battlespace has now gone to Def Con 1, with this email last night to Burning Man’s Regional Contact mailserv:

stop your malicious lawsuit or WIKILEAKS!

Hi, I’m sure many of you will remember me, I was one of the founding members of the Regional Network, acting as Vancouver RN rep 2001-2006, while also being a member of the Media Team, & working as the first editor of the Regional Contacts section of BurningMan.com.

Burning Man is suing the non-profit Burn BC Arts Cooperative for $35,000 over trademark infringement. I am not involved in Burn BC or any of their events, but I feel strongly that Burning Man is acting as a corporate bully in this situation, attacking long-time community members & artists.

In response, if Burning Man does not drop this frivolous lawsuit immediately, ALL Regionals List & Media Team correspondence, as well as one-on-one communications I had with Burning Man senior staff, including Larry & Marion, will be made publicly available on WikiLeaks, all correspondence from 1999-present, This means that all of your names, the names of persons in your posts, legal issues that were discussed, etc. will be in the public domain. Hopefully this information will help Burners fight trademark infringement cases by showing the evolution of Burning Man’s deceptive practices using volunteers to build corporate brand value under the false guise of community.

Burning Man internal emails were published by Wikileaks before, in the Paul Addis case.

What could be there in 15 years’ worth of correspondence, that could in any way harm this non-profit, which organizes an annual week of dancing and debauchery in the desert? What could be juicy enough that they would send it to Wikileaks? Why should this even be a threat, something to use as leverage against the giant BMOrg behemoth?

It is not for me to speculate – draw your own conclusions. But to all those who accuse Burners.Me of making stuff up and crazy conspiracy theories, consider that this is going on – and it’s nothing to do with us. We just have multiple sources who provided us with a copy of the email, which is the intellectual property of its author. If there was nothing of note in there, why would Burners even make such a threat? The Canadian Burners, who legitimately owned the trademark, and seem to have taken all the right steps legally to renounce their ownership so that there can’t be any dispute, are still getting pursued by Burning Man. For how much? Forty grand. What difference is that going to make to a company that spent $1.43 million on lawyers last year?

vancouver cacophony societyI asked Bhak Jolicouer, who first contacted me about this story, what’s up? 1076 pages of legalese to demand the cash, that’s what up. It seems Burning Man have been busy in their spiteful pursuit, since June when the arts collective formally relinquished all rights to the disputed marks in their territory. This is an example of the “it’s not enough that we win; everyone else must lose” mentality that runs this corporation. Most non-profits I know of, don’t sue other non-profits, then ask their donor community to buy $150 scarves so they can keep this kind of bullying up. In fact, it’s rare to see these sort of tactics from for-profit companies, unless they’re Apple or Samsung or Microsoft.

Bhak says:

Burn BC Founder and Champion of Burner Rights,  Bhak Jolicouer

Burn BC Founder and Champion of Burner Rights, Bhak Jolicouer

Burn BC released our marks “Burning Man” and “BC Decompression” back to the public domain with the attached letter filed on permanent record.

Burn BC has decided to have no further association with the marks, and leaves it up to the Canadian Burning Man Culture to decide who (if anyone) should own them, and how they want to relate as a Culture that developed independently before the 2004 American Marks and the New Brand of Burning Man developed in the United States in 2004. The vast majority of feedback is that no one should own exclusive rights to these terms in Canada. While many people respect what our communities have contributed to the Nevada event, we see that our Burning Man Culture in Canada was founded on an open community model of mutual respectful peers. We had always seen ourselves as independent peers forming independent and self managed Burning Man Communities and independently developed and self managed Burning Man events in Canada.We did this work as peers (not subsidiaries) with no compensation, as a “Gift to the Community”, not as franchises of a corporation.So in response to this kind of input from Burners across Canada, Burn BC released the marks back to the public domain so as not to impede the Arts under Section 13(1B) of the Canadian Trade Mark act.
We deleted our BurningManArts.ca website and removed all references to “Burning Man” from our website.
We released a statement that Burn BC and I (Napalm Dragon), have no more desire to be associated with that name or the American Corporation and it’s 2004 Brand, and will continue fostering our Open Source Culture and Communities in other ways through whatever paradigm emerges next from our culture.Decommodification LLC may have abandoned our culture in favour of Brand Dominance. They are entitled to what they please in the United States with their Nevada event and their American brand. I will seek new ground to express myself unhindered by these politics that are trying to convert a once Open Community and Open Culture into a franchise controlled by Decommodificaiton LLC.After releasing the marks, deleting all references and releasing my statement; I attempted to continue negotiating an out of court settlement. They wanted Burn BC to sign something stating that Decommodification LLC owns these marks.
I told them that if they register with the Canadian Intellectual Property Office, then they owns these marks. Burn BC can’t agree to a demand that is not even part of this frivolous litigation. I had asked for a list of marks they own and Burn BC would have agreed not to register those marks, no list was provided.
I thought that was the end of the story as there had been no communication from anyone since late July… until three days ago when 1076 pages of text came in the mail telling Burn BC to respond to a Motion of Default Judgement by 2:00PM Friday regarding a hearing this Tuesday September 23, 2014.I made the same offer yesterday to their lawyer, who was interested in approaching a settlement.
He said he would get back to me by the end of the day.
There has been no response, and again, no list provided.This is AFTER: We released our marks, deleted all references, and removed myself and Burn BC from any online groups or lists that are “Burning Man”.The case has no merit.
But if Burn BC does not participate in the hearing and offers no defence; then any claim Decommodification LLC makes regardless of accuracy or merit will be awarded.It seems they are now asking for damages, claiming Burn BC hurt their ability to control the good will of Canadians, and are seeking legal expenses, and a court order for Burn BC to turn over BurnBC.Org and BurningManArts.ca over to Decommodification LLC.They are looking for damages of $40,000 against the non profit Burn BC Arts Cooperative (Created by a founding member of the Vancouver Burning Man Community, and other long time Burners), and are not content to just let it go. They know full well this will mean the end of Burn BC, and seem content to push frivolous litigation wasting the resources of the Canadian Federal Courts.They had NO need to take it to the courts, as all they had to do was file an opposition with CIPO.
Burn BC had no intention of using any mark that had not been approved by CIPO.
Now we have no desire to use it at all, even as Public Domain under section 13(1B) of the Canadian Trademark Act.If the judge awards damages, Burn BC receives the bullet to the head.I was surprised as anyone with this post by …one of our founding members, he has a great heart and contributed countless hours of service to the free and open community spirit that was our Burning Man Community and our Burning Man Culture.~ Bhak Jolicoeur (AKA Napalm Dragon)
Lover of Chaos and Cacophony, Art and Beauty.Trademark Withdrawl (June 25 2014)

The non-profit Burn BC group suggested that if BMOrg wanted to own the marks in Canada, then they should register them in Canada. Which to me seems like a very good point. Instead of doing that, BMOrg is trying to shake down a non-profit collective for $40,000. That’s 2 tickets in a Safari Camp to them. OK, we get it: BMOrg forgot to register trademarks in their biggest export market for 30 years. Why not simply register them now? Why pursue and punish Burners, when the matter is clearly settled? The answer is “mentality”. The way THEY think about US.

Welcome to the new, non-profit culture we are teaching to newbies and spreading around the globe. Gift us your art, so we can monetize it and sue non-profits.

This case may take a number of twists and turns, if they find enough financial backing from the community to take BMOrg on, there could be all kinds of documents produced in a courtroom under discovery laws. Not to mention the public release of 15 years of correspondence between the two charities and their volunteers.

As always with this blog, comments are encouraged. Anyone from BMOrg is welcome to come here and inform the community about what’s going on, as is anybody else with knowledge of these events. Thanks to our multiple anonymous tipsters for sharing this leak.

 


[Update 9/18/14 5:46pm]

.

the Burner who wrote the email to the Regionals list has responded to our request for comment, elaborating further on their motives:

[releasing]  this info into the public domain will illustrate a long history of highly inconsistent & arbitrary brand enforcement that relies heavily on the discretion of unpaid volunteers [regional reps aka corporate brand ambassadors] who are empowered by BM to make judgements  as to who is & isn’t a “Burner.”  This is often a highly politicized & authoritarian process that creates divisiveness within communities.  Regional reps may abuse their power by targeting community members for punitive actions by BM simply on the basis of their personal discretion, ie, whether or not they like someone.  Plenty of people throwing parties or selling goods & services using the Burning Man name have been given a pass by the brand cops simply because they know someone & can be vouched for as a “good Burner.”  As a regional rep & one of the early architects of the Regional Network, I never would have agreed to donate over 20,000 hours of my time & energy freely over 7 years to the community had I been explicitly told that my role was to be the protector of a corporate brand.  I believed passionately that we were creating an open source arts movement, & by the time I resigned from Burning Man I felt that those feelings had been manipulated by the Org in order to extract free labor in order to build corporate brand value, rather than community.  The idealistic “we’re a community” rhetoric is the key to extracting free labor for the corporation.  In the thousands of emails on the Regionals list, there is little evidence that regional reps have ever seen themselves as corporate brand ambassadors, they generally appear to be more community-minded idealists who believed, like me, they were helping to shape a fluid & organic movement.  It’s a deceptive & duplicitous practice on the part of Burning Man who is using these same well-intentioned volunteers to be brand enforcement police under the false guise of “protecting the community.”
The choice to go after Burn BC was Marian’s, & she had several options & avenues she could have pursued in this case, & she chose the most vindictive course of action.  Bhak & Burn BC have done nothing to damage the brand; for 15 years, Bhak has been adding value to the Burning Man brand in BC & beyond.  She should be compensating him for contributing to the growth of a global corporate brand now valued at several hundreds of millions of dollars
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[Update 9/18/14 7:17pm]
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Bhak has a few details he wants to be clear about:

A couple of Corrections.

First paragraph.
NO ONE has ever registered TM rights in Canada. It’s been in the public domain.

We pulled it out and put it back.

There’s no need to continue a law suit, and it’s questionable they have any right to.

—–

We didn’t renounce ownership, we released back to the public domain so no one has exclusive rights to it here.

We didn’t relinquish “all rights” we relinquished exclusive rights.

—-

And the emails Jody wants to release are not between Burn BC and BRC.

They are 15 years of internal BORG correspondence.

.


[Update 9/18/14 9:06pm]

Although Canada did not sign the Madrid Agreement, they did sign the NAFTA agreement which has a clause about trademarks:

Article 1708: Trademarks

1. For purposes of this Agreement, a trademark consists of any sign, or any combination of signs, capable of distinguishing the goods or services of one person from those of another, including personal names, designs, letters, numerals, colors, figurative elements, or the shape of goods or of their packaging. Trademarks shall include service marks and collective marks, and may include certification marks. A Party may require, as a condition for registration, that a sign be visually perceptible.

2. Each Party shall provide to the owner of a registered trademark the right to prevent all persons not having the owner’s consent from using in commerce identical or similar signs for goods or services that are identical or similar to those goods or services in respect of which the owner’s trademark is registered, where such use would result in a likelihood of confusion. In the case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed. The rights described above shall not prejudice any prior rights, nor shall they affect the possibility of a Party making rights available on the basis of use.

3. A Party may make registrability depend on use. However, actual use of a trademark shall not be a condition for filing an application for registration. No Party may refuse an application solely on the ground that intended use has not taken place before the expiry of a period of three years from the date of application for registration.

4. Each Party shall provide a system for the registration of trademarks, which shall include:

(a) examination of applications;

(b) notice to be given to an applicant of the reasons for the refusal to register a trademark;

(c) a reasonable opportunity for the applicant to respond to the notice;

(d) publication of each trademark either before or promptly after it is registered; and

(e) a reasonable opportunity for interested persons to petition to cancel the registration of a trademark. 

It seems from this that all BMOrg had to do was petition to cancel the registration of the trademark. They gave the trademark owner a reasonable opportunity to respond. The response? Putting the trademark into the public domain. BMOrg have now registered the trademark and are listed as the trademark owner, so it seems like they got the outcome they wanted months ago. Why continue this pursuit, which some have estimated will cost $100,000 or more just to defend?
J: article 13(1B) of the Canadian Trademark Act would apply… we, in Canada, used Burning Man images and symbols long before they were registered in the USA, therefore those marks can not belong to Decommodification LLC, in Canada
A good point. Decommodification LLC did not even exist when the Canadian trademarks were registered.
Pantsless Santa says:

A very short summary of what happened, with a little info on trademark law and surely many mistakes. This is based on information shared publicly by Bhak and some of the legal filings he shared directly with me a while back. I am an attorney.

1. The BMOrg forgot to register the trademarks in Canada, which is not a signatory to the treaty that makes registration reciprocal in most countries.

2. Burn BC, an unnoficial regional organization and perhaps mostly Bhak’s alter-ego, had been using the trademarks without the BMOrg’s permission but with its awareness for a while.

3. Trademark law: registration is only one piece of the puzzle. If an entity uses a trademark, generally words or a symbol, it can pretty quickly get the right to prevent other people from using it for the same purposes. Example: If I open up Pantsless Santa’s Light Sick and Feather Hut and run the business for a year or two, I will gain trademark rights to that business name and nobody else will be able to capitalize on my success.

4. More trademark law: Trademark registration basically gives you those rights, and even more, in advance. But if someone else is already using a trademark, nobody else can register it. Example: A local entrepreneur named Hairy Larvae decides that he wants to open up his own Pantsless Santa’s Light Stick and Feather Hut, and attempts to register that name as a trademark. He won’t be able to. It’s already my trademark, even though I haven’t registered it.

5. Burn BC applied to register the Burning Man trademarks on the grounds that it represents the Canadian burner community. Part of the argument is based on the idea that the Canadian community as it has developed over the years has a culture distinct from the corporate American TITD. This is an interesting argument and probably has some merit, but it is not pertinent to this procedural and legal account.

6. The BMOrg opposed Burn BC’s registration attempt, as far as I can remember on the grounds that the above argument is bunk (it might or might not be), that the BMOrg, through its official affiliates, already had the unregistered trademark rights (it does, unless – at minimum – the above argument is valid), and that Burn BC does not represent any separate Canadian burner community that might have trademark rights (this is a coffin nail for Burn BC). I apologize if I have this all wrong – I may well.

7. Burn BC “released the marks into the public domain” and withdrew its registration application, I believe with the intent that they only be used for noncommercial/burny purposes. This was a nice gesture, but a. It might not have any rights to release (see above), and b. Trademarks don’t quite work that way – you either maintain control of them or lose all rights to them.

8. The BMOrg is seeking revenge against Bhak for challenging their authority and forcing them to incur a ton of legal fees, maybe as much as $100k worth based on the amount of paper that’s been generated.

9. The BMOrg is acting like a bag of dicks. Bhak’s theories might or might not hold water in court, but he has acted in good faith with the purpose of promoting what he believes are the best interests of Canadian burners. This is not some kind of frivolous power grab. He doesn’t deserve this.

Decommodification, LLC now owns a newly registered trademark in Canada. What will they do with this in 3 years when they “fully complete” their transition?
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In other news, Billionaire Burner Elon Musk is showing humanity the right way to move forwards, by Gifting his for-profit company’s valuable intellectual property for “good faith” use. This is the future, “the Sharing Economy” that BMOrg loves to tell us they’re an example of.

[Update 9/20/14 11:53am]
Bhak has provided us with more details.
Decommodification, LLC is the party launching the lawsuit, so the legal fees don’t appear to be paid by the charity. The Vancouver Court Docket is here, this matter has been going on for some time with a number of different statements made to the court since April this year.
Bhak explains:
Decommodification LLC does NOT own a registered mark in Canada.
http://www.cipo.ic.gc.ca/app/opic-cipo/trdmrks/srch/vwTrdmrk.do?lang=eng&status=OK&fileNumber=1683813&extension=0&startingDocumentIndexOnPage=1Their application is “FORMALISED” which just means it’s been received and is waiting to be EXAMINED. It takes 12-18 months to reach examination. “Formalised” is just a fancy way of saying “entered in the system” and while it’s being applied for, no one else can file an application for the same.After 12-18 months, if the examiner deems the mark unregisterable they reject the application. If they don’t notice anything, it’s APROOVED which means Decommodification LLC has rights to use it as an official Trademark while it gets ADVERTISED for opposition. But until it’s REGISTERED after the ADVERTISED and OPPOSITION phases, they cannot assign licence to it, and they cannot enforce it, and they cannot transfer, or sell it.

During opposition it gets advertised in a public journal for 60 days at which time anyone can oppose it for any valid reason listed under section 30. http://laws-lois.justice.gc.ca/eng/acts/T-13/section-38.html

Burn BC released it’s marks based on Section 13(1B) of the Canadian Trademark Act.
http://laws.justice.gc.ca/eng/acts/T-13/page-9.html#docCont

Which would fall under section 38 (1B) as an unregisterable mark. It’s kind of like what happens when a mark falls out of trademark into public domain when its “Naked Licensed”, which is generally how it was used in Canada up until around 2009 or so.

…It wasn’t me “Bhak” who registered the marks, it was Burn BC. Burn BC was waiting to see if the marks passed the opposition phase with the Canadian Intellectual Property Office. If anyone opposed it, it was clear that no one should have exclusive rights.

If no one opposed, we were going to hand it off to an independent Federal Non-Profit run by Canadian Burners, and I would resign from it and Burn BC, for the sake of integrity, and to get back to just making my Art and raising my two year old son, unimpeded by this ever imposing conversion of a culture into a global brand owned by a corporation.This was offered as a mutually respectful and mutually respectful proposal before any lawsuit was launched. The original idea was that “we don’t care what you do in the United States, you’ve never really cared to be involved with Canada or do anything for Canada” So we will represent ourselves here, and you can do whatever you want there, and we will be nice about it.Coinciding with this was overwhelming sentiment from Canadian Burners that “NO ONE” should own it here. At this point the only reason to continue this law suit is to frighten me (and others) into silence and isolation about our rights to “Burning Man” in Canada over the last 20 years, and the fact that at this point it’s in the public domain here, through a combination of, 

1: never having been registered in Canada,
2: having been used widely under “Naked Licencing”
3: and generally arbitrarily enforced as a Cultural or Community MarkIn consultations with lawyers they all said it’s already Public Domain, and about the only way anyone can register it is if no one opposes any applications with CIPO. In other words someone is trying to issue and enforce in Canada something they have never had Registered Rights to enforce in Canada.So no one was stealing anything. Burn BC was just recognizing our rights as Canadians and the work we’ve done as a Distinctly Canadian Burning Man Culture, and offering an opportunity for Canadian Burners to step up to the plate and defend those rights. But it became clear, that people wanted NO ONE to have exclusive rights to our Culture and Community here. So we released the marks under a section of the trademark act that says “no mark that interferes with the development of the arts shall be registered.

What Dreams May Come – Part I

Mutant Vehicle at Afrika Burn

Mutant Vehicle at Afrika Burn

When superstar DJ Paul Oakenfold announced the 2014 lineup at White Ocean, I was over the moon – even though I’m not at Burning Man this year. We declared it “victory for ravers”. It seems Burnier-Than-Thous didn’t see it the same way, and White Ocean got slammed. Why? Because they made a flyer with the acts listed, and it looked a little too commercial. Never mind that most of the other sound camps also made flyers, and have been doing that for years. White Ocean had to issue an apology.

From the SF Bay Guardian:

white-ocean-burning-man-2014-lineup“As you know, a few weeks ago the entire White Ocean line up went public, in a relatively big way. To add insult to injury, it also listed ‘Presenting’ parties in the most un-Burner like fashion! We know that this greatly upset each and everyone of you, and for good reason! We agree this is a huge failure, on our part! There’s no excuse!!!”

The post went on to say the camp had hired a mainstream promoter, who “proceeded to create and implement a full promotions campaign, as if he was working for some music festival in Europe. That was his perception of Burning Man, an elaborately modified festival in the desert that doesn’t sell beer.”

I mean, really – they bring Dave Seaman AND Juno Reactor to the Playa – FOR FREE – and they have to APOLOGIZE?

This shit is getting ridiculous.

Hot-Chicks-at-Burning-Man-18burners were forced to confront the question, “Are we actually becoming just a music festival in the desert that doesn’t sell beer?” As a nightlife writer, I’ve been getting emails for years touting different pre-BM fundraisers, innovative theme camp designs, and dance performances. But it’s only been in the past couple that I’ve been getting press releases from record labels announcing artists “appearing one night only!” at Burning Man. DJs routinely brag about multiple BM experiences. (One PR person even accidentally offered me press tickets!)

“It’s true that the current generation does see Burning Man mostly through the prism of music,” Syd Gris of the music-powerhouse Opulent Temple camp told me over the phone. “Most of the draw now may be not for the original communal experience, but the mind-blowing spectacle of seeing so many of the world’s biggest DJs playing on giant fire sculptures.

“Ever since the music festival circuit became such a huge thing in the past decade, there’s been the possibility that Burning Man may end up just another stop on it.”

Even Maid Marian seems to realize it. She goes to festivals all around the world, she knows what’s going on. Her words in the BRC Weekly look like back-pedalling to me.

sound camp lineup ban

They’re “blaming” White Ocean for interest in the OMG sale? That doesn’t even make sense.

Rockstar Librarian’s music guide this year runs to 34 pages. Music is a huge reason why people come to Burning Man. Is Larry really going to “un-welcome” all of those camps? The event is not sold out because of TED talks and the Souk.

Is this why Robot Heart published their yoga schedule, but not their music one?

2014robot heart

2014 robot heart

Why is this allowed, but the DJ lineup isn’t? What fucking “harm” comes from a DJ lineup? Surely “40% Virgins” and a $40 tax is more harmful than knowing where and when the world’s best DJs are playing.

Billionaire Burner (and BMP Director) Chris Bently spent more than $25,000 just on the door to his Nautilus

Billionaire Burner (and BMP Director) Chris Bently spent more than $25,000 just on the door to his Nautilus art car. Did he ruin Burning Man?

Meanwhile we have this “rich people are ruining Burning Man” meme. Where the fuck did this come from? Rich people have always been going to Burning Man. How do you think major camps can hand out free drinks to thousands of people? People spend tens or hundreds of thousands of dollars on Art Cars that only get used for one week out of the year. These aren’t poor people. You know all those flames you see? Every time one goes off, that’s costing someone money. What about the really big flames, shooting high into the sky? They’re costing more money.

Where does this money come from? It’s certainly not from BMOrg, I hope by now we’ve demonstrated that clearly to our readers. Burners fund Burning Man, not BMOrg. Sure, there are Kickstarters for camps and art projects, and people contribute to them. What kind of people give money to a Burning Man Kickstarter art project? People so rich that they can afford to just give their money away, for art and entertainment. They never get thanks or credit for this, and they’re not seeking it. Most of the world does not have enough money to piss away on a party – so how rich is rich?

diddy robot heart insideMore than half of Black Rock City’s citizens make more than US$50,000 per year. That’s enough to put them in the top 0.3% of wealth in the entire world. By definition, Burners are rich – rich enough to affored a ticket, provisions for a week in the desert, shelter and transportation costs, plus drugs. The main thing being burned at this event is money.

What’s really ruining Burning Man is the “Me” generation, and these Burnier-Than-Thou rule enforcers. Larry Harvey is quick to dismiss the anarchists and punks. He and his partner Jerry James brought their kids to the very first Burning Man. The kids radically participated by building an effigy of a dog, which they also burned. It’s clear that Larry is more interested in creating a family-friendly event than throwing the world’s best rave.

Which is a shame, because he’s throwing the world’s best rave.

Can Burning Man continue on its current trajectory? Absolutely. CBS News anchors want to come, now that they’ve heard about the gourmet chefs and sherpas. It’s very succcessful, it’s world famous, and there’s no end in sight. Ticket prices can keep increasing. Now vehicle pass prices can keep increasing too. The secondary market will continue to thrive, and all of the OMGSTEP tomfoolery just fuels it.

Will it continue to be awesome? Probably. There are some fundamental elements to this spectacle that will always make it entertaining. There are also some fundamental elements that mean it will always be a pain in the ass, as the poor souls who took 29 hours to get in from Gerlach can attest.

robot heart speakersWill Black Rock City continue to be populated by the Burners who built it? Unlikely. The population is ageing, and maybe being deliberately disinvited. This year it’s not just me taking a break, many veteran Burners I know are sitting it out. Sure, most of us will return, repeatedly. But some of the spark has gone. The urge to create a cool camp and share it with everyone, is tempered by the Broners and the Takers and the MOOPers and the Haters. The more rules you add, the more creativity you stifle.

Paul Oakenfold said that he first attended Burning Man in the 90’s, and he’s been looking for other Burning Mans ever since. Me too! As one of the world’s biggest DJs, a triple Grammy-nominated music producer who used to be the A & R guy for a major record label, Oakey has been so big on the scene for so long he has a solid claim for being the creator of it. If there are other Burning Mans in the world, he’s someone who would be in a position to know. Being one of the Founders of EDM is quite a bit higher up the totem pole than being one of the Founders of Burning Man, a 70,000 person week-long, three decades old American event. Facebook lists half a billion people who Like Electronic (Dance) Music.

“The Regionals!”, cry the Burnier-Than-Thous and the Kool Aid drinkers. “The future is in the Regionals, they are like Burning Man used to be!” And perhaps that might become true. The event has been going for almost 30 years. Regional burns have been going on for almost 20 years. What will be different about the next 10 years for Regionals, compared to the last 10?

Big Art at Afrika Burn

Big Art at Afrika Burn

It seems like Afrika Burn could be a contender for “another Burning Man”. They have been going for 8 years, and their population has yet to exceed 10,000. Africa is a long way to go for most of the world, all manner of shots are required, and many international visitors are going to be scared off by Ebola now. The Burning Man Australia facebook group is growing rapidly, since many Americans have always wanted to go to Australia, and this could be an excuse for their long dreamed of vacation. Australia already has some well established, awesome parties, that it will have to compete with, like Earthcore and Rainbow Serpent. The promoters who are successful in Australia have been so for a long time, and their talent is at a globally competitive level. It would take a lot for a new festival to usurp them on their home turf. There are logistical and economic challenges in getting art cars to Burning Seed, or to these much larger events, not to mention the extreme climate and deadly fauna. It is not a culture given to excessive volunteering. Australians would rather have a barbecue and go surfing than build a big man in their garage just to burn it. I’m generalizing, of course.

The main problem I see with “the future is in the Regionals” is BMOrg themselves. They are not the world’s most organized organization! Their efficiency, professionalism, and consistency are not up to the standards of, say, Google. The founders are finally getting the chance to cash in on their decades of work, hooray for them. They all seem to be ageing remarkably well, but none of them are dewy-eyed Millenials any more. How much fire and drive do they have left for this new, global start-up? It’s an order of magnitude increase in the complexity and stress of their Project. When their big payday finally comes, will they still be motivated to manage this venture? Maybe they’ll want to kick back and enjoy the fruits of their labors.

burning_man suitsSure, the corporate structure is transitioning, with some of their non-profits merging and new for-profit private companies being formed. New revenue streams like royalties, merchandise and gasoline are being developed. New talent is being brought in. Will the new suits be suit-ier than the old suits? And how does any of this help the Regionals – or, indeed, Burners?

Their web site lists only 20 or so official Regional events. One commenter here said this is an indication of how little most of the Regionals actually depend on BMOrg for.

To put Burning Man’s challenge for the next stage in Silicon Valley terms: can this business model scale?

From the core of this thing, emanates a desire to control. Control seems to trump personal financial gain, or Gifting, in BMOrg’s decision making. Can they grow from 70,000 people contained inside a pentagon in an American desert, to 700,000 people in more than 100 events? Maybe. Can they still maintain the control they’ve become accustomed to, with the organizational structure that got them to where we are today? Unlikely. Will volunteers continue to be motivated to work for free, as the Founders start to pile up the millions, and the media continues to harp on about all the wealth that’s there? That remains to be seen. Maybe there will be a new career path for low-income Burners, in becoming Sherpas to the rich.

Even if you upgrade the entire management team, you’re not guaranteed scaleability. What is it, exactly, that they’re trying to replicate? The Ten Principles were only ever meant as guidelines, and most Burners probably couldn’t list all 10. Their inherent contradictions are confusing even for people who speak English as their first language. If it’s Radical Inclusion, why can’t you wear logos if you want? Why all the hating on successful people and celebrities? If it’s Gifting and Decommodification, how come we keep getting asked to donate more money to them? Is there a point where they Gift something back to us? If it’s Civic Responsibility and Communal Effort, how come so many Broners contribute nothing and have more time to party?

So…what if there were something else? Is the world big enough for more than one Burning Man?

What if there was a party full of art cars, where people could build whatever camps they wanted, but it didn’t have the cult-like 10 Principles? What if “acculturation” and a 20-page survival guide were not required? What if there were trash cans and recycling? What if you could get water if you needed it? What if the layout was different?

I’m not saying that Black Rock City needs to have those things. It’s on its course, it’s changing as it grows, and the bigger it gets the more mainstream it’s going to get.

Next thing we know, Hillary Clinton will be there. Bieber will be live on the Esplanade, all tatted up and ready to rumble.

Burners create Black Rock City. Black Rock City is Burning Man, not BMOrg. If there was another city created by Burners, that had many of the core elements, but was also a bit different, would you want to check that out?

I’m talking something major, with lots of art cars that you can ride around on, not events like EDC or Ultra or Decompression where you might see a couple of art cars, but you can’t ride around on them until you see the sunrise over the mountains in some random location. Something environmentally sustainable, artistic, built on kindness and gratitude – and cool as fuck.

Burners are some of the smartest, raddest, sexiest, most creative, AND richest people on the planet. BMOrg might not be able to scale their organization and their business model to ten times its current size, but there is no doubt in my mind that Burners can. There are far more of us than there are BMOrg volunteers, or indoctrinated Burnier-Than-Thous.

The question is, do people want that? If they build it, will you come?

Next…part ii – the Introduction