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kardini Regular user Brazil 141 Posts |
Sorry, but I don´t have a better place to place this IMPORTANT notice:
Urgent! Very Important!!! Great Victory Magicians Against Masked Magician in Brazil Friends, As I am Brazilian (idiom Portuguese) and I do not dominate completely the English language, I request that some colleague makes a better translation. But to give ONLY "an idea" I place here a translation ON-LINE for the "Altavista". Click Here! Kardini Brazil Altavista translation: Tradução Babel Fish In English: Condemned TV Globe (Brazil) because "Masked Magician" injured to Brazilian magicians "gauchos". Four years after the appearances of "Masked Magician" to have started to destroy the career of the many magicians of the RS/Brazil, Brazilian Justice ("gaucho") starts to make the replacement. The judge Eduardo Kothe Werlang, of 11ª Civil Pole of "Porto Alegre", judged originating the wise indenizatory action for 21 magicians against the TV Globe - Rio De Janeiro and against RBS TV of Porto Alegre that one in the generating condition of the program, the second as retransmissora one. They had been four years and one month of demands, that had started with the the filling of a suit of a writ of prevention filed a suit by then just established Association of the "Magicians Gauchos Victims of the Fantastic Program". The entity got in the 19 of March of 1999 one threshold, granted for the plantonista female judge Gisele Anne Vieira, forbidding posterior appearances magical it in the TV. The Globe and the RBS had not had success in the agravos of instrument that had interposed Parallel in the TJRS., the Justice of Rio De Janeiro denied threshold to the Union of the Carioca Artists, that enters with action same type. This dualidade of decisions tried to the Globe the ingression of a concurrent jurisdiction, in the STJ, where the minister Cesar Asfor Rock granted threshold to allow the return of the episodes of "Masked Magician". In posterior judgment, the proper STJ also affirmed the ability of Justice gaucho, dislocating for Porto Alegre the action of the Carioca magicians (this, still without sentence? e moving, for equal in 11ª Civil Pole). The superior cut also ratified the prohibition of the appearances. Some incidents had been succeeded and long testimonial evidence was harvested. The judge Eduardo Werlang moved away in last day 29, the illicit occurrence of criminal (in thesis, the responsibility would be of the American citizen Leonard Montano, that with codinome "Necessity M" unmasked the tricks). But the judge relates, in the sentence, that "such does not mean to allow irresponsible acting, or inconsequential". It concludes that "companies who profit for the transmission of televising programs possess responsibility of objective matrix for the damages that to cause" (Proc. nº. 101156694) He reads the following substance As it will be the indemnity Of the sentence, Globe and RBS TV they can appeal to the TJRS and is natural to admit that the demand still goes to have many unfoldings. The decision of Werlang judge orders that the losses of the magicians are refined in sentence liquidation. It already recognized that "the existence of patrimonial damages is proven, therefore was entered the reduction in the incomes for shows and the amount of presentations". The sentence admits that machines, equipaments, objects and utensils had been become obsolete". The magistrate recognizes that the proper slogan used in the calls of "Masked Magician" as "enemy nº 1 of the magicians" proves that the two senders of television "had assumed the destruction of the professional repertoire, being its duty to reestablish the solapados profits and the damages caused to the plaintiffs". If he will have resource of the senders? how one expects? e if the sentence will be confirmed by the TJRS, the demand will enter in liquidation phase. A connoisseur will esteem how much the magical gauchos had left to earn since March of 1999 and for all always, projecting a average of life of 72 years of each one. He will define, also the values of the equipment that had been duds. The indemnity for the pain and suffering will be repaired by the payment, to each one, of another one in such a way of the refined values in the loss of prescription and the uselessness of the equipment. This solution was adopted by the judge because "each author shows proper and differentiated dosimetria in the patrimonial repercussion; some were magical professionals and others eventually only complemented income with its presentations". It reads the following substance Previous censorship This solution was adopted by the judge because "each author shows proper and differentiated dosimetria in the patrimonial repercussion; some were magical professionals and others eventually only complemented income with its presentations". It reads the following substance Moved away previous censorship The sentence did not keep the threshold given in guardianship anticipation. That is, if the senders of the Net Globe to intend to bring in return "Masked Magician" to its programming, are set free to make it. But the judge warns, since already, that "the citizen who if to feel injured always will have right to the repairing in the civil scope". The sentence also did not grant the order of the magicians, foreseen in the article nº 75 of the Law of publications. They wanted that Justice assured a space in the "Fantastic one", so that Cid Moreira or another global presenter, he read a synthesis of the condemnatory decision. Yesterday, magicians Tony and KARDINI, what had been the leaders of the action? they had said that "we festejamos the sentence very? although Brazilian Justice continues being delayed". E had announced that of the part where they had not received, they go to appeal to the TJRS. They consider basic that "the proper Globe has that to say, to the living creature, its viewers who it was condemned by the abolishment of artistic secrets of the professional ilusionists". One message received (in English): ========================= ----- Original Message ----- From: Abb Dickson To: Vitor Hugo Cardia (KARDINI) Cc: WARREN KAPS; ROSSINI; Mack Ed Swindle; John Moehring; George Schindler; David Goodsell; ANDRE KOLE; David Sandy; Meir Yedid; Michael Bailey; Dale Hindman; Phil Wilmarth; Frances Willard; Chuck Jones; Scott Wells; Walter Zaney Blaney Sent: Wednesday, May 07, 2003 10:32 AM Subject: Re: VICTORY 22 BRAZILAIN MAGICS "GAÚCHOS" against MASKED MAGICIAN!!! CONGRATULATIONS MY FRIENDS! I've let all the Officers of WAM know of your wonderful victory, and I've forwarded your announcement on to our webmaster so that it can be immediately placed on our WAM website. You "Gauchos" have certainly won the congratulation and praise of all of us. Keep up the hard work, and TOGETHER we can make a difference in the protection of the secrets of our Art. Most Sincerely, ABB DICKSON International President, World Alliance of Magicians FLASOMAGIA (FEDERACIÓN LATINOAMERICANA OF MAGICAL SOCIETIES): VICTORY BRAZILIAN (21 "GAUCHOS") MAGICIANS AGAINST MASKED MAGICIAN IN BRAZIL!!! http://ar.groups.yahoo.com/group/flasomagia/message/41 and HISTORIC MAGIC *TRIUNF* IN BRAZIL!!! http://ar.groups.yahoo.com/group/flasomagia/message/42 OURS INITIAL MESSAGE OF THE VICTORY OF BRAZILIANS MAGICIANS AGAINST GLOBO TV, case MASKED MAGICIAN ("Mister M" in Brazil) - OPEN IN "OUTLOOK": http://kardini2001.freeyellow.com/brazilianvictory.eml
website 2017 - http://www.kardini.com.br
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Jack Murray Special user St. Petersburg Fl. 773 Posts |
Getting a "judgement" is one thing, collecting same is another entirely!!!
I have my doubts. Jack
Jack Murray
http://www.dream-illusions.com |
alexkrey Elite user RUSSIA 411 Posts |
SUPER!!!
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kardini Regular user Brazil 141 Posts |
Friend Jack, (and others)
This is NOT the BEGINNING of a judgment...this is the *FINAL STAGE* of a legal action that lasted 4 long years!!! This is the *RESULT* of our fight here in Brazil against the exibition of *MASKED MAGICIAN* on "TV GLOBO"! This is the ***SENTENCE*** (the verdict) of Brazilian Justice. 21 (I am included)Brazilian magicians will be *INDEMNIFIED* for damages caused by the exhibition of "MASKED MAGICIAN" on Brazilian television. I know that the difficulty with my language (Portuguse) will make difficult the agreement and the importance of this conquest for MAGIC... (Who knows if someone can obtain some colleague that can make a better translation of this for the English language..,) KARDINI Brazil
website 2017 - http://www.kardini.com.br
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Mago Mai Elite user Venezuela 485 Posts |
Kardini:
Congratulations to all of you for fighting hard until the end. This is really a great victory. Mago Mai
I invite all of you to share some of my magic on videos.Please, CLICK HERE
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Paul Sherman Inner circle Arlington, VA 1511 Posts |
"The finished card expert considers nothing too trivial that in any way contributes to his success..." Erdnase
some youtube videos |
kardini Regular user Brazil 141 Posts |
Historic Victory of 21 Brazilizn magician "GAUCHOS" against "TV GLOBE" & "MASKED MAGICIAN".
Dear friends and colleagues of Brazil and Exterior, It is with extreme satisfaction - with the sensation of the fulfilled duty - and in "FIRST HAND", that we desire to share with all so waited SENTENCE of Brazilian Justice ("Gaucha") on the legal action that, SEPERATELY, 22 heroic Brazilian magicians, also integrant of the "Association of the Magical Gauchos Victims of the Fantastic Program" (of which I was its first president - time where this action was petitioned) had moved against the "Television Globe" for the spreading, during all the year of 1999, of the exhibition of "Masked Magician) in the "Fantastic" Program. The SENTENCE of Brazilian justice gave to prevailing to the 22 authors against the "TV GLOBE and TV GAUCHA" For the EXHIBITION of the series "MASKED MAGICIAN", in 1999, in the Fantastic program (unfounfed the perpetual injuction and received action Indenizatoria). We have reason! Our fight was not 'em useless... Although the battle has still not finished (the Globe already appealed), this important verdict favorable to the BRAZILIAN magicians we gives more hopes that justice delays but it does not fail. We want to thank - in our particular name - All the BRAZILIAN magic colleagues (gauchos) whom at the time, joined for the same ideal, and in the defense of our art and profession, TRUSTING BRAZILIAN JUSTICE, they had decided to give everything of sà for plus this great victory today conquestred. A gigantic work of one small/great TEAM that, with certainty, will be a landmark in the history of the Brazilian magic. Our sincere homage to the colleagues below related, ALL also integrant of the "ASSOCIATION Of the MAGICAL GAUCHOS" who, courageous, ON BEHALF OF ALL the "TRUE MAGICIANS" of BRAZIL and of the EXTERIOR, had decided to face the "GLOBE OF TELEVISION" in the biggest threat that the ILUSIONISM already suffered. Everything this in defense to the respect, the dignity and the survival of our beloved art and honored magic profession. For alphabetical order: - Andréa Araújo Viana (ANDREA) - Ieda Dos Santos Souza (PASSOQUINHA) - Andréia Maria Alexandre Henrique (MARY) - Caetano Miguel Tótaro Neto (ROCAMITONI) - Claudio Alves Machado (WULLICHANG) - Daniel Silveira Pear Tree (LE DENIER) - Edgar Poggetti (IBIS) - Guacira Terezinha Da Silva (GUACIRA) - Hilton of the Melecchi Rose (MEAD) - Jose Benedict Galtieri Son (MAGRINE Jr.) - Juliana Cristofari (JULLY) - Marco Antonio Rodrigues (THU) - Maria Lucia Schneider (LÚCIA) - Paulo Roberto Britto Martins (TONY) - Rita de Cássia Vareira Dos Santos (RITA) - Sérgio Albino Schneider (ALBIN) - Solange Carvalho Araújo (SOLANGE) - Valéria Martinak Soares (VALÉRIA) - Vera Lúcia Santana Dias (ALINE) - Vilson José Schneider (VILSON) - Vitor Hugo Cardia (KARDINI) Our deep gratefulness also to brilliants and competent lawyers: Dr. Landmark Antonio Birnfeld and team, Dr. Marcio Oliveira Puggina (in memorium) * * Dr. Marcio Oliveira Puggina death in 20/10/2001. Although it is not more physically with us to commemorate the victory (that it always believed), we have the absolute certainty, that, where will be, also very in he helped them spiritual, illuminating the mind of the men whom they judge, so that the Justice of the Men was made. Obliged friend... He all sees "on-line" the course and the VERDICT Of BRAZILIAN JUSTICE (GAUCHO) on our process in the Court of Justice of the Rio Grande Do Sul: http://www.tj.rs.gov.br (process: 00101156694) We want to dedicate this great victory, also, to all the true magicians who, exactly distant colleagues, much in the to encourage and had helped in the difficult days. Now already have jurisprudence so that let us can, saw judicial, judicial, to defend our beloved art and magic profession against exposure aggressions. FULFILLED MISSION... ALIVE THE MAGIC ART!!! K A R D I N I AND A L I N E Magicians / Mentalists Brazil May, 5 / 2003
website 2017 - http://www.kardini.com.br
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John Smetana ???? - 2009 499 Posts |
Kardini, as I said on another board, you and your fellow mentalists/magicians truly deserve a standing ovation.
This is something that will never happen here in the U.S.. There are too many magicians here who are not against exposure or in many cases, exposers themselves. The support that an action, such as you folks took in Brazil, would not be supported to any great degree here... it's a shame but I believe it's true. Best thoughts, John Smetana |
rrubin98 Veteran user Cogito, ergo sum scripsit 357 Posts |
I intensely dislike exposure shows and am very glad to learn about this legal victory in Brazil.
I also see what I consider to be a problem with this lawsuit were it ever in an American court system. The issue I perceive stems from a saying in Latin: "Post hoc, ergo proctor hoc." "After this, therefore because of this." Example: "Richard went jogging the day before he had his fatal heart attack. Running must have killed him." But we know that temporal succession does not necessarily establish a causal connection. The decline of magic business in Brazil could perhaps be due to a combination of factors. Yes, maybe the exposure shows did the damage, and perhaps economic and social changes had even more of an effect on the magicians' business. I don't know. Is there any way that we can know with certitude who or what is to blame? Just my opinion... - Richard |
Victor Brisbin Elite user Washington, DC / NOVA 432 Posts |
As someone posted on another board, along with the link to an English report on the case, "Don't mess with Uncle Tony!" Congratulations, Brazil.
"It is better to practice a little than talk a lot." - Muso Kokushi
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Bill Hallahan Inner circle New Hampshire 3222 Posts |
Quote:
This is something that will never happen here in the U.S... There are too many magicians here who are not against exposure or in many cases, exposers themselves. The support that an action, such as you folks took in Brazil, would not be supported to any great degree here... it's a shame but I believe it's true. There is another reason that this will never happen in here in the United States. Legally, most magic secrets are already in the public domain, since they are published in countless books, tapes, and DVDs, which almost anyone can purchase. Because the First Amendment to the U.S. Constitution guarantees freedom of speech, you can not legally stop someone from divulging the information. If however, someone were to divulge a trade secret for which they had signed a non-disclosure agreement, then they would end up being sued. Some stage apparatus cannot be purchased unless you sign such an agreement. Fortunately, there are very few people who sink so low as to ruin magic for the spectators and magicians by needlessly revealing secrets to uninterested parties who have no desire to become magicians. There are so few of these people because it is so repugnant to most thinking magicians. It also hurts the standing of the individual in the magic community, which probably stops some people from doing this. Michael Ammar gave a performance for the public followed by a lecture for Society Of American Magician (S.A.M.) members here in New Hampshire last Monday. Of course, he also believes that magic secrets should not be unnecessarily spread. During a question and answer period, someone asked him about the problem of people who leak secrets and the effect of the Internet on magic. Michael Ammar said that the damage is generally not that serious. I am paraphrasing what he said, so please understand, he clearly did NOT support the providing of magic secrets to the general public and he DID think it caused some damage to the magic community. However, he said the spread of the information is not as pervasive as one might think, and even more important, the secret should not be the key to a good performance, just one component of it. As I thought back to his performance, which had happened minutes before this question was asked, I realized that while I knew almost all the secrets for the tricks he had performed, I was still totally blown away by his show. His patter and timing were so good, and his illusions looked so real that I got carried away into a fantasy experience. He also had the crowd laughing several times. It was one of the most entertaining experiences I have had in a long time. Incidentally, the lecture was fantastic too. I am glad that the masked magician will get yet another black mark on his record by this judgment. I wish he would stop.
Humans make life so interesting. Do you know that in a universe so full of wonders, they have managed to create boredom. Quite astonishing.
- The character of ‘Death’ in the movie "Hogswatch" |
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