Posts Tagged ‘Evidence’

OBEY GIANT, OBEY LAWS: No Prison Time, After All – “AN IMPORTANT MESSAGE FROM SHEPARD FAIREY”

Friday, September 7th, 2012

All right:

AN IMPORTANT MESSAGE FROM SHEPARD FAIREY:

First of all, I would like to thank everyone who has supported me through this difficult time. Your thoughts, actions, and good will, have made a significant impact on my ability to move forward and close this chapter of my life. I am very grateful to my family, friends, fans, and supporters.

I accept full responsibility for violating the Court’s trust by tampering with evidence during my civil case with the Associated Press, which, after my admitting to engaging in this conduct, led to this criminal case by the Southern District of New York. I accept the Judge’s sentence and look forward to finally putting this episode behind me. My wrong-headed actions, born out of a moment of fear and embarrassment, have not only been financially and psychologically costly to myself and my family, but also helped to obscure what I was fighting for in the first place— the ability of artists everywhere to be inspired and freely create art without reprisal.

I entered into litigation with the AP because I believe in Fair Use and I wanted to protect the rights of all artists. The Obama HOPE poster was created and distributed by a belief in what Obama could do for this country and my hope that I could inspire others to thought and action. Making money was never a part of the equation. As funds came in, I used them to create more posters and stickers and make donations to the Obama campaign. Most of the remaining proceeds were given to causes I support and believe in from the ACLU to Feeding America.

I believed, and still believe, that I had a very strong Fair Use case, which I could have prevailed. There was no intent to deceive on my part at the outset. When I discovered that the photo I had referenced was indeed the one the AP argued it was and not the one I thought I had used, I was embarrassed and scared to admit they were right and I was wrong even though it would not have had a material bearing on my case. Not amending the record was a big mistake and short-sighted. My actions damaged my ability to proceed effectively with my case and allowed the AP to focus on my credibility. I regret my actions every day and those who know me well know it is out of character.

Throughout my artistic career I have seen art as a powerful tool of political speech and social commentary and I try to use my art to stimulate a constructive dialogue. I believe in intellectual property rights and the rights of photographers, but I also believe artists need latitude to create inspired by real world things, just as news organizations need to use exception to copyright in order to report the news. The ability for an artist to creatively and conceptually transform references from reality is essential to their artistic commentary on the realities of the world. If artists find that freedom curtailed, it is not just artists, but all of us, who will lose something critically important.

The damage to my own reputation is dwarfed by the regret I feel for clouding the issues of the Fair Use case. I let down artists and advocates for artist’s rights by distracting from the core Fair Use discussion with my misdeeds. The decision today will, I hope, mark an ending to what, for me, has been a deeply regrettable chapter. But the larger principles at stake—Fair Use and Artists’ Freedom—are still in jeopardy, and I hope we will remain vigilant in depending on the Freedom of Expression.

- Shepard”

 

Jerry Brown Throws Down: Will Assist With Audit of Official San Francisco Crime Lab

Thursday, March 11th, 2010

Our California Attorney General Jerry Brown can’t abide the idea of San Francisco having a dysfunctional crime lab so he’s going to send over a team of specialists to assist in a thorough independent audit.

All the deets, below.

Jerry Brown, automático para la gente:

Brown Joins SF Police Department Investigation into Evidence Tampering at City Crime Lab

“San Francisco- On the heels of troubling allegations of evidence tampering against a former San Francisco Police Department Crime Lab technician, Attorney General Edmund G. Brown Jr. today announced that his office will provide a team of specialists to assist in a thorough independent audit of the laboratory.

“My office will assist San Francisco police to get to the bottom of these serious evidence-tampering allegations,”Brown said. “It’s critical that we act immediately to get the San Francisco crime lab back in service and restore the public’s trust in our criminal justice system.”

At the request of San Francisco Police Chief George Gascon, crime specialists from Brown’s office will assist San Francisco authorities in re-testing of evidence, improving internal controls and taking whatever steps are necessary to return the lab to full operation.

Today’s announcement follows allegations that Deborah Madden, 60, a former San Francisco Police Department Lab technician, jeopardized numerous criminal cases by tampering with police evidence.

The San Francisco Police Department will continue to lead the criminal investigation into Ms. Madden’s conduct.

Dennis Herrera Throws Down: Demands Proof of Accuracy for Intelligender Pregnancy Test

Wednesday, March 10th, 2010

City Attorney Dennis J. Herrera can’t abide companies that don’t prove their claims. So today he’s going after Intelligender LLC because of its “in-home fetal gender prediction product“ that you can get at Walgreens. For the record:

“IntelliGender, the Plano, Texas, creator of the “Boy or Girl Gender Prediction Test,” says scientists isolated certain hormones that when combined with a “proprietary mix of chemicals” react differently if a woman is carrying a boy or a girl. It claims that within 10 minutes of taking the urine test, a woman will be able to tell her baby’s gender. The specimen will turn green if it’s a boy, and orange if it’s a girl.”

The question is about accuracy, primarily.

San Francisco’s Happy Warrior:

As always, follow the action on the Twitter.

Herrera demands proof of accuracy, safety claims by IntelliGender in-home test

City Attorney invokes authority under Unfair Competition Law in seeking evidence for marketing claims by gender prediction test sold in S.F.

SAN FRANCISCO (March 10, 2010) — City Attorney Dennis Herrera today invoked his legal authority under California’s Unfair Competition Law to demand substantiation for advertising claims by Intelligender LLC that its in-home fetal gender prediction product, which is sold and marketed in San Francisco, is “totally safe” and over 90 percent accurate.

“California law empowers public sector attorneys to seek proof for marketing claims for products sold to the consumers they’re responsible to protect,” said Herrera. “Intelligender is a product that came to our attention in which some of the advertised claims are dubious, and for which supporting evidence is notably unavailable to potential customers. Women and families interested in purchasing products like this are entitled to see the evidence that will enable them to be better informed consumers.”

According to Herrera’s letter to the Plano, Tex.-based manufacturer:

“The IntelliGender Test purports to accurately identify the gender of a fetus as early as 10 weeks after pregnancy, and well before ultrasound confirmation of fetal gender is available to expectant mothers. However, according to online reviews of your product, it appears that your advertising claim that the IntelliGender Test is ‘over 90% accurate’ is questionable. Additionally, as your product packaging does not identify the contents of the IntelliGender Test, there are concerns about the safety and proper means of disposal of the Test.     

“The San Francisco City Attorney hereby requests that you provide evidence of the facts supporting the advertising claims of IntelliGender listed below, pursuant to California Business and Professions Code §17508, which empowers city attorneys to request substantiation of purportedly fact-based advertising claims. For all claims listed below indicating that scientific methods were utilized, please include full reports of experiments, methods, results, and outcomes, in addition to the CVs and biographies of the clinicians retained to perform these trials and tests.”

Herrera asked that Intelligender provide documentation responsive to his request by the end of the month, noting that we would consider seeking “an immediate termination or modification of the claim,” as state law provides, if the information were not forthcoming.

All the deets after the jump.

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