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Here is a scenario: You are an instrument maker, constantly involved with the purchase of raw materials. Some entity approaches you offering certain raw material for sale at market price, you inquire as to its place of origin - and that entity proceeds to lie to you.

Get my point?

(The ridiculous shenanigans of the present administration notwithstanding.)


--Mac

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Even after the last "raid", I don't believe there was anything illegal that was discovered, or any further actions taken....until this one, at a different Gibson Plant!

All these agents running around for the Fish and Wildlife Service, should be transfered
into the CIA to work with the branch that's infiltrating Fundamentalist Cells in NYC.


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Here’s a more in depth article on the topic that goes a little further to show how far the Feds could take this. The article is pretty well written, compared to the original.

“Guitar Frets: Environmental Enforcement Leaves Musicians in Fear”

http://online.wsj.com/article/SB10001424053111904787404576530520471223268.html

A couple of select quotes:

Quote:

Musicians who play vintage guitars and other instruments made of environmentally protected materials are worried the authorities may be coming for them next.

If you are the lucky owner of a 1920s Martin guitar, it may well be made, in part, of Brazilian rosewood. Cross an international border with an instrument made of that now-restricted wood, and you better have correct and complete documentation proving the age of the instrument. Otherwise, you could lose it to a zealous customs agent—not to mention face fines and prosecution. ………..

It's not enough to know that the body of your old guitar is made of spruce and maple: What's the bridge made of? If it's ebony, do you have the paperwork to show when and where that wood was harvested and when and where it was made into a bridge? Is the nut holding the strings at the guitar's headstock bone, or could it be ivory? "Even if you have no knowledge—despite Herculean efforts to obtain it—that some piece of your guitar, no matter how small, was obtained illegally, you lose your guitar forever," Prof. Thomas has written. "Oh, and you'll be fined $250 for that false (or missing) information in your Lacey Act Import Declaration."




Oh yeah, ………………. you keyboard players aren’t safe either:

Quote:

Consider the recent experience of Pascal Vieillard, whose Atlanta-area company, A-440 Pianos, imported several antique Bösendorfers. Mr. Vieillard asked officials at the Convention on International Trade in Endangered Species how to fill out the correct paperwork—which simply encouraged them to alert U.S. Customs to give his shipment added scrutiny.

There was never any question that the instruments were old enough to have grandfathered ivory keys. But Mr. Vieillard didn't have his paperwork straight when two-dozen federal agents came calling.

Facing criminal charges that might have put him in prison for years, Mr. Vieillard pleaded guilty to a misdemeanor count of violating the Lacey Act, and was handed a $17,500 fine and three years probation.




I guess I should be glad I sold all of my vintage instruments.

Anyone wanna defend the Feds after reading this story?

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This all, gives me and Woody "The Cocaine Blues"!


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Bob,

Quote:

I'm definitely on the side of preserving American jobs and all that but what are you guys suggesting here? That the feds look the other way because it's Gibson?




What I’m suggesting is that the Feds are out of control and they’re going after people they shouldn’t be bothering. By logical extension, (as stated in the article I posted earlier today), they can use the same “laws” they’re using to go after Gibson to go after people who own vintage instruments. After all, how many people who own these instruments can provide documentation to show that the woods used in these instruments were obtained legally?

Do the Feds have to “prove” the woods are illegal before confiscating your instrument and pressing charges against you and arresting you? …………… Nope. The onus (and legal fees) is then placed on the accused to prove their innocence.

Quote:

What about another boutique guitar maker up the street that competes with Gibson who is stuck using legal hardwoods that are not as nice as that killer illegal Brazilian Rosewood, or Indonesian Ebony or whatever it is? Those guys can't compete and wind up going out of business because the Gibsons are nicer with better wood. What about those jobs?




Good question, especially since Gibson has never been known for great woods, just great guitars. Let’s say you do want that guitar with “killer Brazilian Rosewood”, (or just about any other exotic wood), all it takes is a google search to find an exotic wood supplier complete with links to a luthier to build that geetar for you. Is Gibson or Martin that luthier? Nope. ……................. It's the "boutique guitar maker up the street". The wood is supposedly from stumps of Brazilian Rosewood that were illegally cut, but the stumps can be legally harvested. So the boutique guitar maker ain’t going anywhere, (yet).

Shucks, Gibson doesn’t even offer a “carved top” archtop anymore. Who does? ……….. Well you guessed it, …………. the boutique guitar maker.

Back to my original question. Don’t the Feds have anything better to do ???????????

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Very good post Ryszard. If true, that certainly throws a twist into this. Still, companies as old as Gibson who's whole reason for existence is based on a knowledge of certain exotic woods are staffed by world class experts in those woods and the laws surrounding the use of them. If they are truly ignorant of those laws then that's pretty stupid. Oth, this thing about whether or not the wood was somehow finished by Indian workers or not certainly sounds like fun for the lawyers.

I completely agree with your comment about corporations. Corps are owned and staffed by people. There's no such thing as an "evil" corp like left wing zealots like to think. They love to bash oil companies yet they employ hundreds of thousands of people. Exxon is not some robotic nonhuman entity all by itself ruining all our lives. Exxon is a huge conglomorate of people. Same thing with Wall Street banks which the left also loves to bash. If they think they're too rich or something, making way too much money, then I tell them that's a good thing, buy their stock and get a piece of those earnings. The stock market is the great arbiter of financial truth. If the banks are really that flush, really making way too much cash then their stock would be going through the roof. It isn't. I tell these same people they better hope those "evil" corps are doing well because that's where their own 401K retirement money is invested so when they yell and scream about corps they're shooting themselves in the foot. Funny how none of them seem to get that. Watch the stock prices, that will tell you if a company is making too much money or not. If they did have big profits like Exxon did all that means is they should have bought some Exxon stock last year. If they had maybe they wouldn't be yelling so much.

Bob


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Quote:

From a Gibson press release dated 08/25/2011:

Quote:

“The Federal Department of Justice in Washington, D.C. has suggested that the use of wood from India that is not finished by Indian workers is illegal, not because of U.S. law, but because it is the Justice Department’s interpretation of a law in India. (If the same wood from the same tree was finished by Indian workers, the material would be legal.) This action was taken without the support and consent of the government in India.”




This has the ring of truth to it. The Justice Department under Obama is proving itself to be an instrument of political correctness rather than of law,




Some facts that the Gibson Press release fails to mention:

(1) Gibson is being accussed of deliberately falsifying documents to circumvent the Lacey Act. The Lacey Act mandates that the importers/shippers follow the country of origion's export laws.
(2) Specifically the import labels and other supporting documents filed by Gibson identified the product as finished, when it was not finished and incorrectly identfied the wood as a 6 mm veneer for making guitar bodies when the shipment was in fact ebony logs sawn to size to make fretboards. That is the accusastion. Nothing about whether the wood is certified, an endangered species, or complies with Indian Law. They are being accused of falsifying shipping documents to get a product through customs that otherwise would have been turned away.

So, if someone wants to spin this that the US is interpreting India Law, or stopping American workers from finishing products in this country, then it is JUST SPIN. Either Gibson falsified the documents or they didn't. If they didn't, then they are home free. If they falsified the documents to get something past customs that they knew would not get past if they told the truth, then they are guilty of smuggling. It is a pretty black and white issue and it looks like there are folks that want to obscure what the real issue is by putting up a smokescreen.


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If this story holds true, apparently Gibson's Juszkiewicz already has something to say:

Quote:



An update to the story of Obama's raid on the offices and factories of Gibson Guitar... It seems this is a case of the Obama DOJ intimidating an American business into complying with what it perceives to be international law.

The core issue is Gibson's purchase of wood for use in guitar fingerboards. The wood is not raw, nor is it finished. Juszkiewicz explains that the wood is purchased from Madagascar when it is "two-thirds of the way" finished. Once purchased, the wood is brought to America, where it is finished by American workers.

According to the Obama administration, purchasing unfinished wood is a violation of Madagascarian law:

"So the government's contention is that because American workers are working on that and finishing it, that it is not a finished product and, therefore, initially Madagascar law - and now I guess they're contending Indian law - says you can't remove unfinished product from the market. So in other words, if a person in Madagascar had completed the work on that blank, it would be legal. But the fact that American workers are finishing the work in the United States, makes it illegal, as far as their concerned."

"The government's position is, that is the law of the land in Madagascar and they are saying that is the law of the land in India. That is not the case. The fact is, we have affidavits from numerous government officials - and this court case, specifically now, is forMadagascar wood. We have affidavits from virtually every govt official saying that it is legal, that their definition of what is legal is a fingerboard blank and its been exported within every certification that is necessary. So they have the arrogance to interpret Madagascar law differently than the people of Madagascar."





source: http://www.obamafailblog.net/2011/08/update-on-obamas-raid-on-gibson-guitar.html

Admittedly the site is, shall we say, partisan, but should this prove true, brother Ryszard is spot on IMO.

There is a video of the above transcript there where you can hear Jus in his own voice.


--Mac

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Quote:

Admittedly the site is, shall we say, partisan, but should this prove true, brother Ryszard is spot on IMO.
--Mac




But take note again how the issue is redefined by the partisan argument. If the problem is that the Obama justice department is misinterpreting the export laws of two foreign countries, then the product never gets in because it is stopped by customs. At that point, Gibson can't be raided because the product never made it past the gatekeepers.


If Gibson thinks that the Obama administration is misinterpreting Madagascar and Indian law, then the right thing to do is challenge that interpretation in court. If their solution was to simply lie about what the shipment was, that would clearly be a violation of the law.


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Keith,

I’ve deliberately left Obama’s name out of it in order to keep the partisan aspect out of the discussion, but since it keeps coming up, and since the DOJ is actually a reflection of Obama, what the heck.

Wouldn’t Obama be proud for part of his legacy to be taking down Gibson, Martin, Taylor and Fender guitar companies for “letter of the law” instead of “spirit of the law” violations ?????????????

I bet he’d lose a lot of liberals over that one. If there’s one thing the left and right can agree on, ………. it’s great guitars. One thing that would “seal the deal” would be if some famous left wing musician wearing a “Che Guevara” T-shirt was arrested for trying to enter the country with his vintage Brazilian Rosewood guitar with Madagascar ebony fretboard and bridge, ivory string pins and tuning buttons! LOL.

I wonder if Obama’s clones in the DOJ would be as zealous for his prosecution?

It just blows my mind that these creeps would even have it on their radar.

Since Bob mentioned immigration, maybe they should give this the same amount of attention they give illegal immigration. Turn their heads and pretend it isn’t happening. After all, which is worse, …… ebony fretboards or 12 – 15 million illegals?

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Pardon me, but "illegals (who are "clean")...are no longer subject to deportation...
perhaps you haven't all kept up with OBama and Atty. Gen. Eric Holder's decision of last week, waving deportation of all latinos who happen to be esconsed here without papers...
again circumventing American laws.

Might as well also bring up again, as I already have in the posts I've made originating this entire thread, that this twosome gave the CIA (which isn't supposed to be involved
in law domestic matters) the OK to join the big city police departments in co-opting the
growing number of radical muslim cells operating in THIS country.
We are being controlled by a bunch of Constitution-Breaking revolutionaries from the
far left!! Let's just call the Fish & Wildlife Service, along with all the other Fed
Agencies, an affront...getting older and bolder, with OBama and Holder get their way!

WHERE IS OUR WILL POWER TO STAND UP TO GOVERNMENT GOONS, POLITICIANS THAT THREATEN!!!


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Quote:

WHERE IS OUR WILL POWER TO STAND UP TO GOVERNMENT GOONS, POLITICIANS THAT THREATEN!!!




GDaddy,

I believe it’s right here from the CEO of Gibson:

Quote:

Hundreds of items were seized from Gibson’s Nashville facilities including rosewood and ebony in various forms, shipping documents, travel records, guitars including several Les Pauls, product specifications and hard drives, according to the search warrant. A Memphis facility was also raided Wednesday.

Juszkiewicz said the lost day of productivity could cost the company $1 million.

“What is more troubling is that the Justice Department’s position is that any guitar that we ship out of this facility is potentially obstruction of justice and will be followed with criminal charges,” said Juszkiewicz, who added later that he plans to defy the government and resume operations. “I have taken personal responsibility. I have instructed our staff to continue building product.”




I hope none of you guys have a custom guitar on order from Gibson! Your door may be the next one the Feds kick in!

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The Gibson situation might be the wakeup call for many musicians, but this kind of thing has been going on for quite some time, actually.

Perhaps the greatest absurdity noted here is the guy whom the Feds are trying to make pay a $90,000 fine for raising about 200 dollars worth of RABBITS, without, get this: A Federal License to sell rabbits.

http://stlouis.cbslocal.com/2011/05/29/feds-fine-nixa-rabbitt-raiser-90k-for-making-200/


--Mac

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Way too much government everywhere.

Liberalism. The policies pertaining to a free man.

We've lost sight of that.


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Doesn't "free trade" mean Gibson is "free" to buy wood wherever the hell they want to? Wasn't that the idea of the whole thing?

My IT job went to India but they are worried where Gibson buys wood?


I smashed the hell out of my car today. When the cops came I told him "Officer, that guy was BOTH texting and drinking a beer." The cop said "Sir, he has every right to do that. I mean, it's HIS living room..."
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If this applies to owners of instruments who have to have documentation of the woods used on their guitars, how?
How long ago was this ebony wood protected? I own two 12 string guitars, one is 36 years old and the other is 35.
They both have Ebony fingerboards and one has an Ebony Bridge. I dont recall the use of Ebony being a problem.
I knew about the rosewood. Of course I'm not leaving the country with my guitars but I did buy these guitars new and I still have the User Guides and Brochures and none of them say where the wood came from. It was many years until I found out that Sitka Spruce was Alaska.
There nothing provided with my instuments as to what country the fingerboard woods came from.

I had a 1968 Gibson Les Paul that had an Ebony fingerboard. Was that not legal then and there was nothing that came with the guitar that stated where the fingerboard wood was from.

How can I or anybody document these instruments? These are not 1920s vintage. These guitars were all bought new in my lifetime by me.

I'm stumped.

Wayne,

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Facing criminal charges that might have put him in prison for years, Mr. Vieillard pleaded guilty to a misdemeanor count of violating the Lacey Act, and was handed a $17,500 fine and three years probation.



I guess I should be glad I sold all of my vintage instruments.

Anyone wanna defend the Feds after reading this story?




Sorry, I'm not buying Mr. Viellard's problem here. Years ago I had a company that exported cars from Canada to the US. We were dealing with Customs, the EPA, DOT and various State DMV's for titling. We researched the legalities and hired a Customs Broker. Brokers are licensed and bonded and if anything like this goes wrong, they're on the hook unless they can prove their client lied to them and went off on their own.

Six years ago I decided to buy and rebuild a 5'8" Kanabe grand piano. I knew absolutely squat about it but after several months researching it on the internet, I completely disassembled it including destringing, removed the plate, refinished the plate myself, disassembled, repaired and rebuilt the lyre, removed the legs, refinished the soundboard, did the whole thing except for the keyboard action. That I sent out to a tech after I replaced the felts. Then I stained and refinished it in natural mahogany using shellac and French polishing. I learned all this with no woodworking or piano rebuilding background using the internet. I even formed a paper company so I could buy all the proper parts from a couple of piano supply houses who won't sell to the general public. During the course of this I became aware of the ivory problem concerning old piano keys, how you can and can't import them, all that stuff. I simply clicked on a few links and read all about it. I also met some very cool piano rebuilders in the LA area and they knew all about importing old pianos too. If an amateur like me found out about it then a pro like Viellard surely must have known and if he didn't use a customs broker to handle several tens of thousands of antique European pianos then he's a total idiot and I have no sympathy for him. If he did use a Customs broker then this quote is not telling the whole story. He may have been fined and put on probation but he also would have had a nice lawsuit against his broker.

Whether or not all these laws are proper or not or whether there's too much government in our lives and I completely agree there is, is besides the point here. Citizens of this country have had to navigate a byzantine bunch of government agencies and their idiot functionaries for a hundred years complaining all the way. Smart businessmen learn to deal with it, idiots get screwed. That's the way it is. We'll learn where Gibson fits into all this soon enough.

Also, being worried about the Feds coming to your door is not what this is part of the discussion is about. It's about taking an old instrument across an international border. That's when you need all the documentation, not just having it sitting in your house. I'm not defending that situation, it sounds pretty stupid to me but if that's what's happening then everybody just needs to learn to deal with it and hope we can change things after the next election.

Bob


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Wayne,

Quote:

How can I or anybody document these instruments?




You can’t, and neither can the manufacturer. That’s the point. So if you decided to spend the winter traveling abroad with one of your 12 strings, you’d be risking losing your guitar and facing fines or jail time for violation of the Lacey Act.

It wouldn’t take a conviction, …just an accusation. You could probably win in court since you have original documents, but the legal fees would be more than the guitar is worth.

It’s easy to poo poo this type of statement, but if someone had said you’d be fined $90,000 for raising $200 worth of rabbits over the period of a year because you didn’t have a federal license to raise rabbits, …… we would have probably poo poo’d that too.

What really frustrates me is there’s so many people, even on this forum, who are willing to defend ridiculous laws that prosecute American citizens and companies for violation of laws in other countries. Especially when the other country isn’t even pushing for prosecution, as in the Gibson case.

This country was founded on the principle of taking the government to task, especially when it’s wrong. Just because there’s a law against something doesn’t make it wrong. Just illegal.

We’d all probably be surprised at how many laws we’ve broken without even knowing it. Even in our bedrooms! LOL. But ignorance is no excuse!

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Bob,

Quote:

Whether or not all these laws are proper or not or whether there's too much government in our lives and I completely agree there is, is besides the point here.




I disagree. That's exactly the point here, ... at least for me.

There has to be a breaking point where people say "enough is enough"! Change in the oval office would help, ... but it's not a fix. The occupent can change every four years. There needs to be a change that doesn't rely on who's in office.

The only way to do that is change the law. Pointing out a stupid law and refusing to support it is a good start to doing that, but getting a law changed is another thing entirely. Shucks, ...... it takes an act of Congress! It's a lot easier to put a law on the books than it is to take it off, (because that means they have to admit they were wrong in the first place for passing it).

The Feds, state and local officials all make decisions every day about which laws they are going to enforce. If they know they'll lose their jobs or have the public turn on them for enforcing a particular law, they don't enforce it.

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(Okay, … I’m on a rant, …but it’s against government intrusion in our lives).

Bob,

I’m surprised that you’re willing to support a law just because it’s on the books. (Sorry, ... but if a law is stupid, ...everyone should disobey it just out of principle. I'm not a "rule of law" kinda guy.) If enough people contacted their representatives about it, …… the case would “magically” go away. (Once again, ... selective enforcement). I couldn’t possibly care less about whether Gibson is guilty or not. That was never my point. It is whether the Feds should be devoting resources to prosecute Gibson for violating India's laws, ... whenever India thinks of Gibson as a good customer. It's a political agenda by the Obama administration. Not a worthwhile use of federal resources.

Even a jury doesn't have to rule according to the law in their decisions, even if they know the defendant is guilty of the charges. (Selective enforcement again.)

Civil disobedience is another founding principle of this country. The Boston Tea Party was illegal as it gets, but it sparked a movement that changed a nation. (Disclaimer: No, …… I’m not a member of the Tea Party). It was another case of people not supporting a law because they knew it was wrong.

It’s not enough to ask what’s legal, … but to ask what is right.

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Learn even more about the enhancements to the Melodist feature in Band-in-a-Box® 2024 for Windows at www.pgmusic.com/manuals/bbw2024upgrade/chapter3.htm#enhanced-melodist

Band-in-a-Box® 2024 DAW Plugin Version 6: New Features Specifically for Reaper®

New with the DAW Plugin Version 6.0, released with Band-in-a-Box® 2024 for Windows: the Reaper® Panel!

This new panel offers built-in specific support for the Reaper® DAW API allowing direct transfer of Band-in-a-Box® files to/from Reaper® tracks!

When you run the Plugin from Reaper®, there is a panel to set the following options:
-BB Track(s) to send: This allows you to select the Plugin tracks that will be sent Reaper.
-Destination Reaper Track: This lets you select the destination Reaper track to receive media content from the Plugin.
-At Bar: You can select a bar in Reaper where the Plugin tracks should be placed.
-Start Below Selected Track: This allows you to place the Plugin tracks below the destination Reaper track.
-Overwrite Reaper Track: You can overwrite previous content on the destination Reaper track.
-Move to Project Folder: With this option, you can move the Plugin tracks to the Reaper project folder.
-Send Reaper Instructions Enable this option to send the Reaper Instructions instead of rendering audio tracks, which is faster.
-Render Audio & Instructions: Enable this option to generate audio files and the Reaper instructions.
-Send Tracks After Generating: This allows the Plugin to automatically send tracks to Reaper after generating.
-Send Audio for MIDI Track: Enable this option to send rendered audio for MIDI tracks.
-Send RealCharts with Audio: If this option is enabled, Enable this option to send RealCharts with audio.

Check out this video highlighting the new Reaper®-specific features: Band-in-a-Box® DAW Plugin Version 6: New Features Specifically for Reaper®

Band-in-a-Box® 2024 DAW Plugin Version 6: New Features Video

The new Band-in-a-Box VST DAW Plugin Verion 6 adds over 20 new features!

Watch the new features video to learn more: Video: Band-in-a-Box® 2024 - DAW Plugin Version 6 New Features

We also list these new features at www.pgmusic.com/bbwin.plugin.htm.

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