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The Magic Cafe Forum Index » » Penny for your thoughts » » The Prosecution case against James Biss » » TOPIC IS LOCKED (0 Likes) Printer Friendly Version

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shrink
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Biss asserts that the manufacturer of the Oyster was told of his intended market and was asked about whether there was an conflict of interest such as prior dealings with magicians. The manufacturer categorically denies that such a conversation ever took place and only agreed to sell Biss the standard Oyster Duo not the proprietory 7th Sense version which was and remains my intellectual property. At no point did Biss ever tell the manufacturer he was a magician though Biss did request 'modifications' which the manufacturer declined to do. Unless contrary evidence is provided, I shall take the manufacturer's assurances in this regard.

Biss claims ignorance of the 7th Sense. This stretches the boundaries of belief since he has readily admitted that his friend pointed out the similarities to the 8th Sense and the judicious use of the word 'sense' in the ad copy. Such similarities should have caused Biss to investigate further since there is a reference to 7th Sense in the 8th sense manual, in the advertising copy and in the FAQs detailed precisely what 7th Sense was and prompted direct enquiries about it to the manufacturer. A courtesy email to myself or James Cheung would have saved this entire fiasco from happening.

Biss claims he did not set about to rip me off. Whether he intended to or not is immaterial, the end result is the same: the materially same product, from the same manufacturer sold for the same purpose to the same niche market.

Hocus Pocus two year previously had sold several dozen 7th Sense units from me but the relationship ended over a disagreement in payment terms. That they did not spot the near identical nature of the two products beggars belief. They should have told Biss there and then that Teslavision and 7th Sense were near identical but since 7th Sense was such a great seller, I can only imagine that they decided it was worth the risk.

Biss's facetious flippancy in this regard is insulting. Instead of apologising and admitting his mistake he has tried to lighthearteded justify it and blame the manufacturer and myself for not making 7th Sense better known when all he needed to do was basic due diligence. The man's utter disregard for intellectual rights and fair play is disgusting hence why I decided to destroy his market since 7th Sense and 8th Sense are custom products not available elsewhere and are strong enough to stand up on their own merits. Teslavision is not: it is overpriced, sold using a self professed false back story (something in itself unethical) and is unsuitable for mentalism in unmodified form.

I stand by 7th Sense. It has several distinct advantages over the off the shelf model since the off the shelf model has flaws that render it it unusable under certain conditions (those of you who own TV will know exactly what this problem is) and the manufacturer will not produce this version for anybody but myself.

Can Mr Biss please answer these allegations?
Jim-Callahan
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So is Hocus trying to Poke-us?

Sure looks that way.

Strange the cat can't get on here and write the truth of the situation.

Mr.Gross had no problem before he was caought out saying he had it and was ready to sell.

J ack

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DJM
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I think that shrink and Biss should go to Judge Judie over this case. That's something that I would love to watch.
mike stevenson
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Quote:
On 2007-02-18 19:53, DJM wrote:
I think that shrink and Biss should go to Judge Judie over this case. That's something that I would love to watch.


I'd prefer Jerry Springer
DJM
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Oh yes, that's even better! Smile
The Mental Lentil
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Shrink will have Biss. He's Scottish and they are hard. I saw Braveheart you know.
Dhal is murder
DJM
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Shrink! shrink! shrink! (chairs flying all over the place)
Jim-Callahan
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Well the way I look at it Hocus poke-us needs to start running their yaps and offering some sort of explantion.

Hey if they were selling Shrinks gaff they knew and are in part responsible for all of this.

J ack

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mike stevenson
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Quote:
On 2007-02-18 20:04, The Mental Lentil wrote:
Shrink will have Biss. He's Scottish and they are hard. I saw Braveheart you know.


Braveheart's a great film. Although I advise Shrink not to do the moony bit cos if Biss has his Tesla on him...
The Mental Lentil
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Since Looch got respectable he's lost his sense of humour. Can't he get banned again?
Dhal is murder
The Mental Lentil
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Quote:
On 2007-02-18 20:16, Jim-Callahan wrote:
Well the way I look at it Hocus poke-us needs to start running their yaps and offering some sort of explantion.

Hey if they were selling Shrinks gaff they knew and are in part responsible for all of this.

J ack

H.O.A-X


How can Paul Gross be expected to remember sooooooo many products? After all, he must have tested and sold hundreds of different thumpers in the past two years. It is highly likely that he just forgot in his excitement Smile
Dhal is murder
Don McCleod
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Quote:
On 2007-02-18 20:04, The Mental Lentil wrote:
He's Scottish and they are hard.


Aye laddie, and don't ye forget it. From one Scotsman to another, I'm behind you 100% Shrink.
Roth
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Quote:
On 2007-02-18 20:16, Jim-Callahan wrote:
Well the way I look at it Hocus poke-us
J ack

H.O.A-X

HA ! You're very funny too. Hocus poke-us. Very dry you Jim-boy.
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Baggins
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Will legal charges be brought?
The Mental Lentil
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Quote:
On 2007-02-18 20:41, Baggins wrote:
Will legal charges be brought?


Only against your haircut and 'tache combo. It's criminal.
Dhal is murder
Roth
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Quote:
On 2007-02-18 20:50, The Mental Lentil wrote:
Quote:
On 2007-02-18 20:41, Baggins wrote:
Will legal charges be brought?


Only against your haircut and 'tache combo. It's criminal.

Oh that's just rude! But it was funny. 10 points.
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Samuel Catoe
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Very doubtful.

I do have one prediction though. Biss will be releasing a book this spring, and I predict it will contain someone's work that they will not have authorized to be released in his volume.

I also predict that his next product will be well received by his supporters and will be discovered to have already been marketed by someone else about four - five years ago. I further predict the product will not be one that is widely used so many others will not know it to be a rip-off until it is revealed here. I also see that Biss's supporters will contend that he never heard of something so obscure as a Svengali deck so how could he have possibly know someone else had created one.

Just my thoughts.

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Dr Spektor
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Wow - it got through has the Café gone topsy turvy? What happened to the ban on all words sounding remotely naughty!??? Holy jumpin jeehoseephat
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Xiqual
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Quote:
On 2007-02-18 21:55, Samuel Catoe wrote:
Very doubtful.

I do have one prediction though. Biss will be releasing a book this spring, and I predict it will contain someone's work that they will not have authorized to be released in his volume.

I also predict that his next product will be well received by his supporters and will be discovered to have already been marketed by someone else about four - five years ago. I further predict the product will not be one that is widely used so many others will not know it to be a rip-off until it is revealed here. I also see that Biss's supporters will contend that he never heard of something so obscure as a Svengali deck so how could he have possibly know someone else had created one.

Just my thoughts.

Read my signature.


Dear Sylvia,
Stop putting mushrooms on that sandwich you are eating.
Still with the Chinese circus Smile
Roth
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Quote:
On 2007-02-18 22:16, Xiqual wrote:
Quote:
Samuel Catoe


Dear Sylvia,
Stop putting mushrooms on that sandwich you are eating.


Ha! 10 points. Everyone is fair game.
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