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r1z08
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Interesting topic, indeed, Mentalist Sam, but one that is way out of my league.

-rob
David Alexander
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"Enforcable" is a great term. In theory and possibly under the law a contract, if properly written (and many aren't), may be "enforcable." However, the cost in time and money may render the entire matter moot.

And you still have to determine who breached the contract.

I've known potential plaintiffs who had what appeared to be an iron-clad case explain it to a lawyer who then looked them in the eye, told them they had a great case and then said without blinking an eye, "I'll need a retainer to get working on this...$30,0000 should cover it."
Mentalist Sam
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Quote:
On 2010-10-28 12:01, r1z08 wrote:
Interesting topic, indeed, Mentalist Sam, but one that is way out of my league.

-rob


Me too!

But I think it's interesting to have these conversations because it makes people aware that not every bit of legalese connected to a magic product is true.

I also think it makes people reflect on their ethics, or what they consider to be their good, ethical behavior. You may think it's unethical to loan a friend a magic book, but you wouldn't have a problem lending them a cookbook or a gardening book. Even though it's legal to rent magic DVDs, it's considered unethical, but you'd rent any other how-to DVD on another subject.

Magicians who market their ideas deserve to have protection. They should fight piracy and all that goes with it. But I feel that if a customer is acting legally, then there isn't much the creator of the original works can do about it. You just can't hold people to the same ethics you think you have.
MichaelCGM
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Quote:
On 2010-10-28 12:31, David Alexander wrote:
And you still have to determine who breached the contract.

In the situation being discussed, there can be only one person guilty of a breach... the original buyer, since the secondary buyer was not a party to the original contract. There could have been a second contract established between buyer 1 and buyer 2, but that would not give the original seller legal standing against buyer 2. The only other person who could be legally responsible for a breach of the original contract would be the seller, but that wouldn't give buyer 1 a legal defense to commit an additional breach.

Interesting discussion. Smile
Magically Yours,

Magical Michael

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MichaelCGM
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On 2010-10-28 11:07, jdmagic357 wrote:
My question still stands; What makes a staked deck worth $1000. That to me is the real question.

That's an excellent question. I've used different stacks and keep coming back to the SS. I absolutely love the BCS (it looks great and costs a great deal less than $1000), but am a firm believer in the KISS method in everything. I've amazed magicians with the BCS, but I make my living amazing lay audiences, so the simpler the better.

Also, I think we need to discriminate between stacks and memorized decks. I believe a stack better refers to an ordered deck in which a formula is incorporated, but a memorized deck refers to an ordered deck in which memory alone (with or without a pneumonic) makes the necessary knowledge available.
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David Alexander
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Quote:
On 2010-10-28 13:36, MichaelCGM wrote:
Quote:
On 2010-10-28 12:31, David Alexander wrote:
And you still have to determine who breached the contract.

In the situation being discussed, there can be only one person guilty of a breach... the original buyer, since the secondary buyer was not a party to the original contract. There could have been a second contract established between buyer 1 and buyer 2, but that would not give the original seller legal standing against buyer 2. The only other person who could be legally responsible for a breach of the original contract would be the seller, but that wouldn't give buyer 1 a legal defense to commit an additional breach.

Interesting discussion. Smile


Actually, no. There could be several of Paul's original buyers who breached the contract. We have no way of knowing. We don't know how many he sold or to whom. More than one breaching the contract is a possibility.
David Alexander
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Quote:
On 2010-10-28 15:06, MichaelCGM wrote:
Quote:
On 2010-10-28 11:07, jdmagic357 wrote:
My question still stands; What makes a staked deck worth $1000. That to me is the real question.

That's an excellent question. I've used different stacks and keep coming back to the SS. I absolutely love the BCS (it looks great and costs a great deal less than $1000), but am a firm believer in the KISS method in everything. I've amazed magicians with the BCS, but I make my living amazing lay audiences, so the simpler the better.

Also, I think we need to discriminate between stacks and memorized decks. I believe a stack better refers to an ordered deck in which a formula is incorporated, but a memorized deck refers to an ordered deck in which memory alone (with or without a pneumonic) makes the necessary knowledge available.


What makes this worth $1000? Well, it takes two people: The creator to set a price and someone else to agree. Apparently there were several people who thought it worth the price.

I have a friend who paid $5,000 a few years ago for an unpublished routine of a famous but deceased mentalist. He was very happy with the purchase, but that was an exclusive and remains so to this day.
MichaelCGM
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Quote:
On 2010-10-28 12:31, David Alexander wrote:Actually, no. There could be several of Paul's original buyers who breached the contract. We have no way of knowing. We don't know how many he sold or to whom. More than one breaching the contract is a possibility.

I was thinking of the two parties involved in the contract, but you are absolutely right. Boy did I ever miss that one! Smile Thanks, David.
Magically Yours,

Magical Michael

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David Alexander
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Quote:
On 2010-10-28 16:49, MichaelCGM wrote:
Quote:
On 2010-10-28 12:31, David Alexander wrote:Actually, no. There could be several of Paul's original buyers who breached the contract. We have no way of knowing. We don't know how many he sold or to whom. More than one breaching the contract is a possibility.

I was thinking of the two parties involved in the contract, but you are absolutely right. Boy did I ever miss that one! Smile Thanks, David.


Oh, it's easy to do. Fortunately, I never make mustakes...missteachs....errors! ;-)
joemcdull
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May be we are off topic, no one state that HCE has been resell to others. Everything you are discussing are base on that "if". It is clear that anyone who have spend such money on such a great effect will keep it themself!
For the question about what make a deck worth $1000, you will know the answer after watching the performance!
Mentalist Sam
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On 2010-10-28 22:51, joemcdull wrote:
It is clear that anyone who have spend such money on such a great effect will keep it themself!


No it's not clear really because at least one person who spent $1,000 on this either gave it away to someone else or they themselves made it available for free on file sharing sites. So the $1,000 price tag didn't hold at least one person back from sharing it.

And that's not a commentary on the effect. I've never seen it and for all I know may be worth twice that much. However the trend to keep things out of the hands of the curious by pricing items at an insane price may not be a solution.
Caliban
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But do we really know that someone did make it available? As has been established in other threads - something being listed on a File Sharing site doesn't mean that the file really exists. As a very expensive manuscript, it's exactly the sort of file that they would claim to have in order to lure traffic to the file sharing site. Unless someone has confirmed that they actually downloaded the file, I would suspect it's not really there.
Simon (Ted) Edwards
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@jdmagic357: If you are still considering learning a stack method, I recommend Doug Dyment's DOA stack. It's nearly as easy as the Si Stebbins stack but looks random.
jdmagic357
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On 2010-10-29 07:32, Ted wrote:
@jdmagic357: If you are still considering learning a stack method, I recommend Doug Dyment's DOA stack. It's nearly as easy as the Si Stebbins stack but looks random.


Thank you but I use the BCS and the REAL SS. They have both served me well these many years.

Cheers.
Just cause they say it, doesn't make it true.
Simon (Ted) Edwards
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Sorry, I confused you with the OP! Doh...
parmenion
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Apollo Robbins is the best thief I've ever seen.
I'm wonder if I steal HCE, will I better thief than him ? lol
Now honesty, if you search you can find lot of mentalism and magic stuff on torrent site.
Myself, I downloaded lot of X-film( almost 3000)and animal documentary, looooooool
If I wanted to download HCE, I'm sure I'll find it.
I didn't search it because I'm a visual learner, it why I only download X-film.
But if I download it,am I guilty to do it ?
With me and without me the files will be there.
The problem is to the source(buyers),If I pay something 800$, I will never put it on a share torrent !
Even something I paid 40$ !
But some buyer do it and put it on share torrent.
It's unbelivable to share something you buy 800$ ! (in fact I think it's unbelievable to spend 800$ in a mental card routine, with 800$ I can sleep with lot of gorgeous girl in Vegas, but we're in democraty and I respect the choice of Paul).
So what can we do to avoid people to put mentalism files on share torrent ?
I think the only way is to put some protection on the files like does mevpro.
“I love talking about nothing. It is the only thing I know anything about.”
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<BR>
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wanda&viktor
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I totally agree with you Parmenion. But I have a question, where did you find the gorgeous girls phone numbers?????? do you want to share with me? But not say it to Wanda otherwise she will kill me with her special ritual to send me to hell.
Thank's for your discretion.
French Mind reading and mentalism act.
Tarot readers.
https://www.mentalistes.fr
https://visiomentalisme.fr
joemcdull
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Quote:
On 2010-10-29 13:28, parmenion wrote:
Apollo Robbins is the best thief I've ever seen.
I'm wonder if I steal HCE, will I better thief than him ? lol
Now honesty, if you search you can find lot of mentalism and magic stuff on torrent site.
Myself, I downloaded lot of X-film( almost 3000)and animal documentary, looooooool
If I wanted to download HCE, I'm sure I'll find it.
I didn't search it because I'm a visual learner, it why I only download X-film.
But if I download it,am I guilty to do it ?
With me and without me the files will be there.
The problem is to the source(buyers),If I pay something 800$, I will never put it on a share torrent !
Even something I paid 40$ !
But some buyer do it and put it on share torrent.
It's unbelivable to share something you buy 800$ ! (in fact I think it's unbelievable to spend 800$ in a mental card routine, with 800$ I can sleep with lot of gorgeous girl in Vegas, but we're in democraty and I respect the choice of Paul).
So what can we do to avoid people to put mentalism files on share torrent ?
I think the only way is to put some protection on the files like does mevpro.

As I said before, anything base on that "IF" is meaningless unless you really give evident that it is happening! I have hesitation on why people here love to talk about
things that doesn't exist! Chance are site want to put the name of Paul's trick on their site to attract people. I have tried a google search after so much people claiming that "IF", and all I can tell you is that these are fake links. No one would willing to give away such a good trick. As for the one saying nothing would worth $1000, it just show your innocent. "If" you have seen the performance, you will notice that it is 100 times(if not 1000 times) better than a TOD or any other things available.
parmenion
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Joemcdull you made my day ! lol
Are you dentist ?
“I love talking about nothing. It is the only thing I know anything about.”
<BR>Oscar Wilde experimentaliste <br>
<BR>Artist pickpocket Professional
<BR>
<BR>Looking for the best book test in French? send me a PM!
Dick Christian
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Couple of points -- both of which have already been either mentioned/discussed or at least alluded to.

1) something is worth only what someone is willing to pay to have it

2) restrictions on resale, performance rights, etc., etc. may sound good but are highly problematic (not to mention costly) when it comes to enforcement.

As re: the original question, there are more stacks than you can shake a stick at. Each has its advantages and its limitations. My favorites are BCS, Si Stebbins and 8 kings depending on what it will be used for. Which is "best" for anyone is something only they can determine.
Dick Christian
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