January 21, 2008

Here's what's in this edition of
       Jheff's Marketplace of the Mind Newsletter

   *** WITCHES ALMANAC - Outlaw Effects
   *** SOCIAL DISTORTION Removed from the Web Site!


To make a purchase of any item in the JMOM newsletter,
please go to http://www.MarketplaceoftheMind.com
and use the shopping cart.  If you're unable to do
this, you may respond to this e-mail.

To make sure you've not been missing any newsletters, check
out my blog, which is accessible from the main page.  All of
the recent past newsletters are archived there.

*********

I'm having a nice long weekend in celebration of Martin
Luther King's birthday and getting caught up on work.
But I feel kinda sheepish.  After I made the New Year's
Resolution to put things up on the web site faster, I
completely forgot to add Outlaw Effects' The Witches'
Almanac.  How embarrassing!  It's up now and featured in
this newsletter.

I know that those who are Marketplace Members are waiting
for the Stuart Cumberland issue that was due in December and
that has been running a bit late.  The problem is that the
gentleman who does the layouts for me (and is a professional
mentalist himself) is currently involved as a consultant on
the Dutch version of Phenomenon.  So that issue, plus the
first one for this new year, will be delayed a bit.  But
I'll try to get a nice exclusive article about his
experiences on the show for an upcoming issue.  I think
that's fair, eh?

Finally, I've got a number of e-mails wondering what
happened to Andrew Mayne's Social Distortion.  Simply, I
have completely removed it from my website.  To find out
why, read the article below which follows the write-up
on The Witches' Almanac. 


**** CONVERSATIONS OF THE MIND
Okay, hopefully most of you know about the Marketplace
Membership which features the Journal of the Mind, plus
specials and discounts on merchandise.  I've decided to add
a brand new feature called Conversations of the Mind.  This
will consist of conference calls to discuss various subjects
and also to converse with top performers in the field.  Many
top performers are not releasing books or new material and
do not fit the format of the Journal of the Mind, but they
would be ideal for the new Conversations of the Mind.
Subjects that I've been requested to cover include
structuring acts, effects that can be done totally impromptu
and with ungimmicked items, Q&A routines, marketing, and
selecting material for your act.

These conversations, which will be recorded and available
for download, will be accessible only to those who have
Marketplace Memberships (see below).  However, the very
first one will be available to all newsletter subscribers as
that one will be available later as a free preview.  I have
tentatively scheduled the first conversation to take place
on Monday, Jan. 28 at 7 p.m. Pacific Standard Time (and it's
very tentative right now).  Unfortunately, there is only a
limited number of folks who will be able to participate.  I
can't tell you how many yet as I'm still undecided about
which service I'll use to make this happen.

The first topic will be an important one to all mentalists:
the difference between performing mentalism and magic.  It's
an issue that I've been working on for awhile (and I'm
planning on finishing my book on this subject to be out by
the year's end).  For those magicians who wish to get into
mentalism, I'll discuss the differences and how to make the
mentalism more effective.  For mentalists, the information
may help you greatly improve your act.  Of course, this
topic is one that I can use to cover quite a few questions
that people have.

Speaking of that, if anyone would like to submit questions
ahead of time to me on this topic, please do so.  I will
definitely answer all the questions I have in the allotted
time.  And, of course, I will certainly send out details and
instructions as we get closer to the date of the conference
call.

**** PAOLO CAVALLI
Paolo has long been considered one of the most creative
thinkers in mentalism.  I've just added six of his works to
my website as part of the Friends of the Marketplace
program.  They are Omicron, Sigma, Upsilon, Con-Federacy,
The Watermark Codex, and The Flytrap Experience.  I hope to
have comments on them soon.


**** PAST NEWSLETTERS NOW ON-LINE
Finally, I broke down and just decided to be plain lazy.
Instead of taking the time to re-format the newsletters and
make them all pretty looking for the blog, I decided I'd
rather spend the time on other more important things like,
oh, keeping the website up to date with the current
mentalism products and my comments.

So, there's a whole new section where you can see all the
past newsletters.  If you subscribed and aren't receiving
them, either check to make sure that the newsletters aren't
being considered spam by your Internet provider, or
re-subscribe (which is the easiest).


***** MARKETPLACE MEMBERSHIP CLUB FOR 2008 AVAILABLE NOW!
For extra discounts and six issues of Jheff's Journal of the
Mind, which spotlights mentalism's hottest and most creative
talents each issue, join the 2008 Marketplace of the Mind.
Check out the preview edition of the Bonus #0 issue
featuring Jack Kent Tillar.  Go to the website and click on
the banner at the top.  Or use the link below.

Check it out here:
www.marketplaceofthemind.com/jmmc.html

***** THE FRIENDS OF THE MARKETPLACE
Don't forget to check out the new Friends of the Marketplace
section. This is for those creators who are producing
wonderful products that I don't carry.  This is because, to
save overhead, I order as needed from my distributor, and
these creators aren't mass distributing it.  If you'd like
me to review your product and help you sell it, then you'll
find details about the Friends of the Marketplace program on
the website.  There's a button on the left hand side for you
to click on.

Enrique Enriquez has a wonderful new e-book on the Tarot,
LOOKING AT THE MARSEILLES TAROT, which is suitable for both
beginners and experienced readers.  Joshua Quinn's DUPLICITY
takes your favorite drawing dupe routine to the next level.
Also new to the section are Ron Martin's THE TAROT READER'S
NOTEBOOK, a must-have for Tarot readers; Patrick Redford's
TRIANGLE, a comic book featuring 3 clever new items; Loren
Tindall's beautiful new THE DELPHI PORTAL, which is a
must-have prop for anyone who is a reader; and Gene
Nielsen's THE MAGICK YEARS, a jam-packed e-book filled with
over 70 professional and varied routines.

Remember, I don't make a dime on this stuff.  I do this
because I think the stuff is very good and worth it.

http://www.jheff.com/friendsofthemarketplace.html


Until next time. -- Jheff

*********
OUTLAW EFFECTS & DR. BILL CUSHMAN
THE WITCHES ALMANAC (500 Inner Truths)
Suggested Retail: $85 (includes shipping worldwide)
Available at:
http://outlaw-effects.com

THE BLURB:
This book has been cooking for almost a year now.

After Reflections came out and was a hit I decided to take
the aged book genre in another direction, a direction that
made perfect sense.

I incorporated the Reflections methodology into the book,
with one big change that I'll get to in a moment.

A Witches Almanac actually does exist. It's not a dark book
of black magic, it's a "witchy" version of the old Farmers
Almanac.

The actual Witches Almanac was started about 25 years ago.
It's a rather light or "white" book read mostly by wiccan
followers.

This almanac is dated 1938 well worn and a bit "darker" than
the real almanac.

It is the largest of my aged book series at 5 1/2 by 4 1/2
inches, but still small enough for adding a bit of "spice"
to your strolling act.

About two months ago I brought my esteemed friend Dr. Bill
Cushman in to work with me on this project. Bill and I
consider "Witches" to be the crown jewel of my aged book
series.

There are over 140 pages with over 30 illustrations.

If you liked Reflections (which you do!) you will love
Witches.

The same methodology is used in Witches as in Reflections,
as I mentioned above, with one exception, and it's a big
one!

I came up with a diabolical method for Witches (and only
Witches) that eliminates the need to have the spec ever say
a word! That's right boys (and girls) They don't say a word,
there is no fishing, they don't write anything down, and of
course, you never peek the book.

On every right hand page there are 8 different "inner
truths" (500 total in the book), on the left side are
various "witchy pagan" illustrations and quotes.

These "inner truths" are made up of elements, emotions,
guidence and "cures" that are specifically aimed at the
reader.

They are designed to not only allow you to "see into their
mind", but they give you information that will allow you to
be "one ahead" for any cold reading you might want to do
based on the entry they have chosen, an entry they will
instantly internalize as relevant to only them.

There are hundreds of different "inner truths" in the
almanac. These are not single lines of text,these entries
are three or four lines each.

Witches allows you to duplicate an illustration in a very
unique way.

It lets you reveal a quote you couldn't possibly know the
spec is reading, it let's you reveal emotions the spec is
experiencing and how they can overcome a negative
experience.

The Witches Almanac is 100% examinable. There are no
"banks", no sevengali principle or short pages used.

You do not need to know a page number, you do not peek the
book, and there is NO fishing.

The book is small enough to carry with you anywhere! You'll
never leave home without it!

The method is so simple it will blow your mind.

The book has also been designed to be U.K. friendly!

Every page in the book is hand aged. The cover is an aged
and distressed velo stock (not card stock)

The Almanac is a mentalism effect. It is perfect for those
that want to add a little "mystique" to their set.

It is perfect for those that perform bizarre magic.

Bill and I designed this book to appeal to not only the
professional performer, but the hobbiest as well, not to
mention the collectors.

MY COMMENTS:
This is a gorgeous prop that's everything promised in the
blurb.  What's more, I think Outlaw Effects is insanely
undercharging this beautiful, hand-made prop.

Now, what's not mentioned in the blurb is that the method
used to choose the "inner truth" that "eliminates the need
to have the spec ever say a word" involves five beautifully
hand aged Tarot cards.  The cards are kept in a special
pocket in the back of the Witches Almanac.  Three cards are
selected and these cards are used to determine the "inner
truth."  The participant doesn't have to say a word, nor
reveal the cards.  And that's all I'll say about that.

Also, there is a little bit of memorization involved (seven
sentences, to be precise).  However, the mnemonics are quite
easy and, should you need to, it is possible to create a
crib for it.  Within these truths, there are topics (such as
health and travel) that will be revealed, stones (such as
Tiger's Eye or Crystal), elements (such as air and fire),
and feelings (such as sadness and happiness).  In addition,
there are quotes and illustrations which can be revealed.
Obviously, you don't have to use all the revelations that's
packed into this prop, but it's great that there is so much
flexibility.

This may be obvious, but another consideration for this
product is its theme.  Though you can certainly play up the
mysticism and legend of the Witches' Almanac as much or as
little as you want, the mere fact that this book is titled
Witches' Almanac may unsettle some or make some feel that
their participants/audience may be uncomfortable.  Please
note that the information being revealed is tame and should
not be unsettling at all, but the title and some of the
drawings (mostly of Tarot cards, such as The Tower) may be.

The instruction booklet is a nicely detailed 32-page booklet
which explains everything clearly and gives some additional
information which will help you develop a powerful routine.
In comparison to Outlaw-Effects other wonderful series aged
books, this is by the far the most impressive.  Its only
other drawback is that, unlike Sinister, it works best for
one-on-one, or small groups, and isn't really suitable for
large audiences. But since there are always times that a
mentalist, even a stage performer, needs to do some intimate
demonstrations, and since the unique aged book provides an
incredibly valide reason for having it (which can vary
depending upon your persona), this is a prop which I highly
recommend.  And, since it's hand-aged, who knows when Outlaw
Effects will stop being able to produce this, or even come
to their senses and raise the price.  I'd consider this a
limited edition and buy it right now.

*********
ANDREW MAYNE
SOCIAL DISTORTION
No Longer Available Through Marketplace of the Mind


Andrew Mayne recently wrote me that he was unhappy with my
write-up of Social Distortion.  Now, before I go further,
let me say that it's not uncommon for a creator to contact
me and ask for changes in my comments.  Usually, however,
the changes occur in the comments section of my write-ups.
I've gotten a fact wrong, or perhaps given away too much
info about the method and the creator would like me to
revise a sentence or two.  Most of the time, I'll happily
agree to do so.

But then Mr. Mayne writes me with a twist.  While he was
quite appreciative of my enthusiasm for his effect, what
bothered him was not the comments I made, but his
description of the effect I had used, which he feels
violates his copyright and reveals too much.

Let's start at the beginning with his initial correspondence
to me.  I'll be quoting subsequent correspondences later in
this discussion.

"Jheff,

I appreciate the review you gave Social Distortion.
However, you've lifted the entire first section of the
manuscript which was never intended to be seen by people who
didn't purchase the manuscript.

I've received email from people saying that they've been
able to discern the method of the effect from that section.

Please remove or paraphrase that section.  I understand
you're using it as a sales tool (and those sales benefit me
as well), but I'm primarily interested in protecting the
integrity of the effect.

Sincerely,
Andrew Mayne"

The "entire first section" being referred to is the half
dozen paragraphs that comprise the detailed description of
what the effect is.  No secrets are revealed, no techniques
are discussed, and no secret moves are mentioned in those
paragraphs.  It is simply a complete description of the
performance of the effect.  And Mayne has politely asked
that I remove it or rewrite it.

That sounds reasonable, doesn't it?

But look at his request closer and remember that the ad
blurb says only this about the routine: "A totally random
volunteer is selected and before your audience’s eyes, you
reveal a thought of word, a name and a two-digit number."
It doesn't mention what kinds of props are involved.  Is it
a book test?  Is it a billet test?  Is it Q&A?  Does it use
a pad of paper?  Is it a book test?  Are there no props?
There is simply no idea what this is, or that it involves
blank business cards.

My comments are designed to provide additional information
so the potential customers can make an informed decision
about purchasing the products.  Since the ad blurb didn't
give any clues as to the what the routine really involved,
and since I really did like this effect, I provided the
paragraphs from the manuscript which detail the routine.
Nothing is exposed in this section except the detailed
routine.

Also, this is not a product where you are buying a unique
presentation.  In that case, I wouldn't have provided so
much detail.  As an example, Lior Manor's Mobile Opener is a
classic effect that uses cell phones.  If you read a
detailed description of this routine, most performers will
know what's going on.  Lior, though, does not hide the fact
to potential purchasers that you're buying a classic routine
that's been adapted to modern technology, nor that it uses
cell phones and the entire audience.  With the description
of Social Distortion, you have no idea what's involved.

Let's take a look at the other option: paraphrasing the
description of the effect.  Again, that sounds reasonable.
But, if I do that, all the important presentational details
will still be there.  I'd still include that it uses
business cards, that a volunteer visualizes one of the
business cards which appear blank to the rest of the
audience, and that the performer reveals the thought-of
information which is the profession, numbers in the phone
number, and the name on the card.  I even sent Mr. Mayne a
rewrite of the blurb to prove it.  Before I did that, he
wrote, "I'd certainly hope you wouldn't put the actual
revelations in the description."  Indeed, exactly what the
revelations are is an essential part to this routine that
performers should know about.

We'll now discuss the reasons for his request.  He says that
the description "was never intended to be seen by people who
didn't purchase the manuscript" and he's interested in
"protecting the integrity of the effect."  He's concerned
that finding out the details of the routine have led people
to figure out the method.  And, in fact, he states that this
has happened and blames my write-up for that.  In subsequent
e-mails, Mr. Mayne stated that he feels those who figured it
out "will be performing an incomplete version of the effect
based upon what [was] posted, which damages my ability to
market the effect and the integrity of it."

I made several points to Mr. Mayne addressing these
concerns, none of which he responded to.  First, this is not
an easy routine to pull off and there are plenty of people
who will buy it and not pay attention to the presentational
details.  With such a poor performance, the method will be
either transparent to the audience or the routine will be
not be effective.  I remember Banachek telling me how he is
frustrated that Psychokinetic Time is misperformed by
performers who don't pay attention to the details which sell
the effect.  And, if you've ever been to a magic club
meeting, you know that it can become an endless and painful
parade of classic routines being butchered.  In other words,
there's no guarantee that even those who've purchased it
will maintain the integrity of the routine, let alone those
who figured it out from its description.  Mayne has released
it, it's out there, and that will happen.

Also, in my comments about Social Distortion, I mentioned
the dual reality principle and the inclusion of gimmicks in
the package.  Knowing that, I admit that I did make it easy
to discern the method.  Dual reality means that the
participant sees it one way and the rest of the audience
sees it another.  Since the volunteer only sees a business
card, it is not difficult to conclude what's going on,
especially when I then mention there is a gimmick.  I
offered to alter my comments to remove one or both of those
references, but he made no comment to me on that.  He did
mention in a subsequent e-mail that he had "no qualms with
... mentioning Dual Reality or anything else you think is
germane."

Finally, Mayne insisted that "I want people who are
interested to buy it on word of mouth from other performers
who have tried it."  I pointed out to him that he's having
it distributed by Murphy's Magic Supplies so he obviously
intends people to buy it based on his packaging.  Mayne
disagrees and says he's just "making it available."

Okay, let's get back to the heart of the matter which is
this:  Mr. Mayne claims that I "violated [his] copyright and
lifted an entire section from [his] manuscript which was
written as a technical description for people who purchased
it."  He also wrote that "when I receive emails from people
saying that the section reveals too much, it clearly fails
the fourth factor in measuring what's fair use."

I certainly revealed the details of his routine, but I
disagree that it was too much.  Mayne argued that he "wrote
a technical description including details that audience
members normally would not recall" and "was never intended
to be seen by people who didn't purchase the manuscript."
(I'm piecing together comments from his first e-mail and a
subsequent one) As I said previously, no secrets or
techniques were revealed, only details of what the routine
looked like.  These are details that anyone watching the
routine would see, especially magicians or mentalists, so I
disagree that it is a "technical description."  And, most
importantly, these are important details that, by Mayne's
own admission, he doesn't want potential customers to know
about until they purchase the manuscript.

So, did I violate copyright infringement or not?  Did I
reveal too much?  You're welcome to your own opinion, of
course.  Mayne certainly disagrees with all of the following
conclusions.

I maintain that I did reveal quite a lot about his routine,
but no secrets or techniques were included.  Mayne maintains
that the description was not from the audience's point of
view and was a technical description.  I disagree.  Now, if
that was enough for people to figure out how it was done, so
be it.  I'm sure anyone can rattle off countless names of
effects that can be figured out just by the description in
the ad blurb.

I also maintain that I did not violate his copyright.  I
quoted six paragraphs.  Sure, that may be a whole section
(magic and mentalism manuscripts tend to have very short
sections), but I used it as a sales tool (to which he
conceded) and as part of a review.  That's fair use. I also
don't think I have to mention that I sold a fair amount of
Social Distortions and some said they never would have
bought it if they didn't have the information I provided.

Further, I have accused Mayne of being unethical and
dishonest.  It's not because his ad blurb is deliberately
vague.  Ads like that are staple in the magical/mentalism
community.  What's unethical is that he has begged me to
hold back essential information from my readers and
customers and I'm a dealer who tries to honestly inform
customers of such essential information necessary to making
a purchasing decision.  He claims that I revealed too much,
"even the actual predictions," which is essential
information.  This is an attitude that I cannot support.

Mayne has asked that I "not publicize an entire section from
the manuscript for fear of exposure."  Apparently, I can't
convince him that his fear is, if anything, harming sales.
Also, it is not the description he wrote which fuels any
"exposure" he fears.  If anything, it's my comments
following the description that lead to the exposure, which I
concede may have provided too much information, but they
didn't directly reveal the exact workings.  Mayne also
claimed that I "created a straw-man caricature of my
position that doesn't represent myself or my intentions."
I'll let you decide if I have or have not.

For now, I have honored Mayne's request and removed the
description of the effect from my website.  In fact, I've
removed Social Distortion entirely from my website and did
so immediately after his first correspondence.  Until, and
unless, Mayne changes his attitude about letting me convey
essential information to potential purchasers and realizes
that I've probably helped sales of his product more than
harm them, I will not sell or support anything produced by
him.  (And, yeah, it's conceivable that he can change my
mind, too, but I highly doubt it.)

As a final note, several sources that I trust have noted to
me that the presentation and method in Social Distortion is
uncomfortably similar to Derren Brown's Reminiscence.  I do
not have a copy of that rare first edition of Pure Effect,
so I can't verify that.  Based only on what I've told, I can
conclude that there are some key differences in the
routines, and I refuse to accuse Mayne (or anyone else) of
releasing a rip-off until I have more information. (Thievery
is a very serious and very different accusation than the one
addressed above).  However, these similarities are valid
points and if I ever repost Social Distortion on my website,
I'll certainly investigate and address this issue in revised
comments about it.

Feel free to contact me if you wish to discuss the issue.
Feel free to discuss it on the forums.

Mayne wrote that "in one-on-one email I'll answer just about
any reasonable question I can," so you're also free to
contact him about this issue or the details of his Social
Distortion which aren't in his ad blurb.  Of course, that
offer of availability to answer questions and his contact
info aren't in the ad blurb either.


*********
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