Kanae Kojima, an alleged black widow murderer, was convicted of murdering three former boyfriends and sentenced to death by hanging by a panel of professional and lay judges. I have watched the story with some interest due to her ultra-creepy trawling for victims on Internet dating sites. Her MO was to drain the men of cash and then drop them when they were of no use to her. The three she was convicted of killing were just the deaths they had the most evidence for.
I say this is “revenge of the nerds” because she would often prey on some of the more timid members of the male public, including one awkward-looking man who had a blog for his plastic models. I am a little concerned that she was convicted on essentially all circumstantial evidence, but it does seem to be a win in the name of justice for the lovelorn and downtrodden.
(Update: Jake Adelstein has left a response in our comments section)
Friday morning the news broke that Japanese regulators shut down AIJ Investment Advisors, a small investment management firm, because its 183 billion yen in funds under management had mostly gone missing. The company specialized in managing pensions for smaller companies. It seems likely that a massive fraud has taken place.
Scandals like these are not obscure, victimless crimes – they directly affect people’s lives. For instance, semiconductor equipment maker Advantest apparently had 8% of its pension assets invested with the firm. These funds are very unlikely to be recovered at this point. That’s 8% less the firm has to pay its workers post-retirement, which it will have to make up for somewhere. The unwitting employees of AIJ will no doubt lose their jobs as well. A company the size of Advantest might be big enough to weather a loss like that but 100+ other clients that were wooed by the attractive returns might not be so fortunate. Layoffs, bankruptcies, ruined lives, misery all around.
The fund reported consistent returns regardless of market conditions, achieved with exotic financial instruments–classic signs of financial fraud that corporate pension managers should have seen coming a mile away. It’s too early to know exactly what happened, though. According to the WSJ, the ratings agency R&I called attention to the suspiciously favorable returns in 2009.
Too early to call “yakuza”
Even though the facts have yet to come out, that hasn’t stopped Jake Adelstein, among others, from promoting a possible yakuza connection. That’s understandable since he bases his media career around being the West’s yakuza expert. However, I take issue with him coming out so early in favor of an organized crime angle. He doesn’t know any better than the rest of us, at least judging from the justifications he has trotted out so far.
He argued in favor of a yakuza connection in the Olympus scandal not too long ago, and the New York Times ran a report that the police were looking into yakuza involvement. However, the independent investigative committee found no evidence of yakuza and I have not seen any major refutation on that point.
Despite seemingly getting it wrong on Olympus, Jake has again taken to Twitter to play up a connection in the AIJ scandal. As with Olympus, the New York Times has run an article that echoes and bolsters his claims. The feed and the article make lots of claims that I will paraphrase here:
AIJ is a Yamaguchi-gumi front (Jake)
This is true because one of the board members (not the head) was convicted of paying protection money to a corporate extortionist (sokaiya). And once someone has paid millions in protection money and gotten caught, that means they will turn around and steal billions (I am assuming because the yakuza tells them to). (Jake)
The head of the firm is also ex-Nomura (NYT)
The DPJ-led government turns a blind eye to financial fraud because the former FSA minister may have accepted yakuza donations at some point. (Jake)
The Nomura connection and the dates when AIJ and another firm received approval to offer financial services means the AIJ scandal “shares many characteristics with the Olympus scheme” (NYT)
Jake sent an email to a friend explaining his suspicions about AIJ in 2008. He says that his sources told him AIJ manages the Yamaguchi-gumi’s pensions.
I am ready to be wrong, but at this point I am not convinced. These unconfirmed claims, appeals to authority, and guilt-by-association tactics do not amount to actual evidence to justify labeling this a yakuza crime. Yet, anyway.
It may well be that the Yamaguchi-gumi raided AIJ and took all the money, or demanded favorable treatment as a customer. But a serious and contemptuous crime has apparently taken place even without a yakuza connection, so there’s no need to rush to apply a label, in my opinion. Jake and Hiroko Tabuchi of the New York Times, I beg you to please rein in your speculation until we have more facts.
Actual damage possibly smaller than 183 billion yen
It’s also worth noting that the 183 billion yen number includes potentially phony returns, so if the entire cumulative return of 245% is phony but the cash remained, that would leave AIJ with 53 billion in cash. That would leave “most of” the money missing even with most of the principal intact. That’s still a lot it’s indeed gone, but we don’t even know that much right now. And if the company has only been lying about returns that means they have likely been fraudulently collecting return-based fees.
It’s my understanding that investment managers are required to keep funds in segregated accounts at trust banks, to avoid the easy temptation of embezzlement. For example, if I buy a mutual fund, the fund manager doesn’t get to touch my money at all (unless I am totally naive). It goes into a trust, and the manager simply gives instructions on which securities to purchase based on the contract. AIJ was a “discretionary” manager, meaning that the managers had free rein over (but not direct access to) the funds as long as the action fit a pre-determined investment policy. Of course that assumes AIJ was following procedures when collecting funds. If AIJ was somehow just accepting cash and managing without a trust arrangement, that is a dreadful problem and could warrant prosecution even without any theft. The regulators’ statement (PDF) orders AIJ to “immediately confirm” the status of funds, including fund segregation. Ick.
Update: According to a story over this weekend, the firm apparently invested most of the cash in a single Cayman-registered investment trust of its own creation, which it then outsourced management of to a British-affiliated bank in Bermuda. This would suggest they may have used the funds as a way to get around fund segregation and gain access to the funds.
Slate has an article on the missing centenarian scandal, and it could have been better. Go read the writer’s take. Unfortunately, the subtitle is wildly inaccurate, “macabre Japanese trend – mummify grandma and collect the pension – what America can learn from these macabre tales of mummified Japanese centenarians.”
I will concede that she is more or less right on most of the facts, taken separately. But ultimately this article leads nowhere and tells very little. It tries to combine many separate issues – the missing old people issue and the “parasite single/aging society” common explanations for the Japanese malaise – without really making the case for why they go together.
What bugs me most, though, is the detached approach. In reviewing her book The China Price, a Bloomberg writer called her style “breezy, almost florid” – spot on, if this article is a guide. I wish more writers would actually try to have some empathy for the situation here rather than looking down on Japan from a distance.
One of the more entertaining characters I’ve run across in my studies of Taiwan is has been George Psalmanazar, one of the famous hoaxers of all time. Born around 1680, nothing factual is known about his early life, even his country place of birth, although he later claimed it to be somewhere in southern France, which was allegedly corroborated as likely by those who had heard his French dialect, while doubted by those who were familiar with his ability to impersonate such dialects.
Regardless of where he spent his early years, upon completion of his education Psalmanazar began traveling around Europe, attempting to scam his way to Rome by impersonating an Irish pilgrim. Upon realizing that Ireland was neither exotic enough to elicit much interest from potential marks nor far enough to be entirely unfamiliar, he began instead impersonating a rare pilgrim from the distant land of Japan, and later to the even more exotic and lesser-known island of Formosa, which we now usually call Taiwan.
His wild tales of alien customs and bizarre foreign lands were popular, and after a detour through Rotterdam he arrived in London in 1703, where he became a minor celebrity. Banking on his fame, in 1704 he published a book entitledAn Historical and Geographical Description of Formosa, an Island subject to the Emperor of Japan. “Originally written in Latin by Psalmanazar, An Historical and Geographical Description of Formosa was translated into English and quickly went through two editions. A French translation appeared in Amsterdam in 1705 and interest in the book was high enough a decade later to prompt a German version, which was published in Frankfort in 1716. By this time, however, Psalamanazar’s fraud had been revealed in England and he lapsed into relative obscurity.”
This book provided a detailed description of the island of Formosa, including its history, geography, flora and fauna, religious customs, language, and so on. And virtually every single word of it was completely fictional. Psalamanazar knew all of this, he claimed, because he was himself a native of Formosa. Having been named after the great Formosan “Prophet Psalmanaazaar, who delivered the Law to the Formosans” as well as their writing, Psalamanazar was bringing knowledge of his exotic homeland to the credulous and curious people’s of Europe. In fact, not only had he never been to Formosa, or Asia at all, he knew nothing about it.
Although there were a handful of Jesuits who had been to the real Formosa, their denial of Psalamanazar’s fantastic claims were largely ignored due to the anti-Catholicism prevalent in England at that time. While it might seem absurd to us today that people would have believed such outlandish tales, consider how unreliable information on foreign lands was in the days before the photograph, the telegraph, and even regular long-distance trade to many regions. We may find it unbelievable that the English believed that a man with Western European features similar to their own could have been a native of the East Asian land of Formosa, but how many Londoners would have ever seen an Asian face themselves?
He not only created fanciful, entirely invented, accounts of Formosa all the while portraying himself as a native of that exotic island, but also invented a Formosan language, in what must have been one of the very, very few pre-Tolkien attempts at such an endeavor. Psalmanazar’s creation of a fictional Formosa was actually very Tolkien-esque, not merely in the way that it included a fictional language, but in the way that the development of the language was linked to the invented history. Although the fantasy island was named after the real island of Formosa, and the title of the book claimed that it was “an Island subject to” the very real island of Japan, the descriptions of the customs, geography, history, and language of these real places was very nearly as invented as that of Rivendell or Gondor. Psalmanazar describes the language of Formosa as follows:
The Language of Formosa is the same with that of Japan, but with this difference that the Japannese do not pronounce some Letters gutturally as the Formosans do: And they pronounce the Auxiliary Verbs without that elevation and depression of the Voice which is used in Formosa. Thus, for instance, the Formosans pronounce the present Tense without any elevation or falling of the Voice, as Jerh Chato, ego amo; and the preterperfect they pronounce by raising the Voice, and the future Tense by falling it; but the preterimperfect, the plusquam perfectum, and patio poft futurum, they pronounce by adding the auxiliary Verb: Thus the Verb Jerh Chato, ego amo, in the preterimperfect Tense is Jervieye chato, Ego eram amass, or according to the Letter, Ego eram amo; in the preterperfect Tense it is Jerh Chato, and the Voice is raised in the pronunciation of the first Syllable, but falls in pronouncing the other two; and in the plusquam perfectum the auxiliary Verb viey is added, and the same elevation and falling of the Voice is obsery’d as in the preterit.
The Japan Language has three Genders; all sorts of Animals are either of the Masculine or Feminine Gender, and all inanimate Creatures are of the Neuter: But the Gender is only known by the Articles, e.g. oi hic, ey hoec, and ay hoc; but in the Plural number all the three Articles are alike.
TheJapannese wrote formerly in a sort of Characters most like those of the Chineses; but since they have held correspondence with the Formosans, they have generally made use of their way of writing, as more easy and more beautiful; insomuch that there are few now in Japan who understand the Chinese Characters.
To get an idea of how famous Psalmanazar actually was in his time, consider that he was referenced very prominently in Jonathan Swift’s famous satirical essay A Modest Proposal, in which Swift uses him (albeit spelled a bit differently, perhaps due to imperfect memory and a lack of handy reference) as part of his case for the encouragement of cannibalism.
But in order to justify my friend, he confessed, that this expedient was put into his head by the famous Salmanaazor, a native of the island Formosa, who came from thence to London, above twenty years ago, and in conversation told my friend, that in his country, when any young person happened to be put to death, the executioner sold the carcass to persons of quality, as a prime dainty; and that, in his time, the body of a plump girl of fifteen, who was crucified for an attempt to poison the Emperor, was sold to his imperial majesty’s prime minister of state, and other great mandarins of the court in joints from the gibbet, at four hundred crowns. Neither indeed can I deny, that if the same use were made of several plump young girls in this town, who without one single groat to their fortunes, cannot stir abroad without a chair, and appear at a play-house and assemblies in foreign fineries which they never will pay for; the kingdom would not be the worse.
The fact that must be remembered here is that not only was George Psalmanazar a famous public figure in Swift’s time, but that by the year in which A Modest Proposal was published, 1729, Psalmanazar’s account of Formosa was already been widely known as a fraud, the author having had confessed as much in 1707. While Swift’s essay is still widely read, virtually no modern readers will have any clue to what he is referring in this paragraph, and even fewer will realize that much of the basis for the humor in this section is due to the fact that the essayist is attempting to prove his case by referring to a a source that, at the time of publication, would have been recognized by Swift’s audience as not merely fraudulent, but famously and comically so.
Following the end of his career as a hoaxer, Psalmanazar used his celebrity to start a career as a legitimate writer, producing such works as The general history of printing: from its first invention in the city of Mentz, to its first progress and propagation thro’ the most celebrated cities in Europe. Particularly, its introduction, rise and progress here in England. The character of the most celebrated printers, from the first inventors of the art to the years 1520 and 1550: with an account of their works, and of the most considerable improvements which they made to it during that interval, published in 1732. As a now-respectable man of letters, he became friends with such luminaries as Samuel Johnson.
Although he revealed his fraud as early as 1707, details were not revealed until the year after his death. Naturally, this was in the form of a book, which is wonderfully entitled: MEMOIRS OF ****. Commonly known by the Name of George Psalmanazar; A Reputed Native of Formosa. Written by himself, In order to be published after his Death: Containing An Account of his Education, Travels, Adventures, Connections, Literary Productions, and pretended Conversion from Heathenism to Christianity; which last proved the Occasion of his being brought over into this Kingdom, and passing for a Proselyte, and a member of the Church of England.
The one thing that he never revealed, even in his posthumous memoir, was his real name. As far as I know, no details of his early life have ever been verified.
The table of contents, as well as some all too brief excerpts of Psalmanazar’s first book, An Historical and Geographical Description of Formosa,can be found here, but until earlier this year it was very difficult to get one’s hands on a copy of the English version of the book, at least outside of certain libraries. Although it was published in Taiwan a couple of years ago, that was a Chinese translation, which even if I could read well would hardly be as entertaining. Original copies are very expensive, with the English first edition going for US$1426 on a rare book site, and the French version selling at an even less accessible $1900! Copies of his memoirgo for a technically more affordable, yet still entirely unaffordable $600 or so.
Luckily, not only has an affordable reprint edition of both his Description of Formosaand his Memoirs(as well as some others) are available for purchase online. However, even better, just the other day I managed to locate a scanned electronic edition of both books, freely available in an archive of the British Library. As the online version only seems to be accessible from licensed institutions, such as libraries and universities, I am providing both of them for download as PDFs. Since their PDF creator can only generate files up to 250 pages in length, both of them have been split into two files. Scans of 300 year old books, these files are as public domain as they get. Feel free to spread them far and wide.
Update [August 5]: I regret that I forgot one very important detail from this when I first published it yesterday. While Jonathan Swift may be the most significant literary reference to Psalmanazar’s imaginary Formosa, it is not the only one. Many readers may be familiar with Alan Moore and Kevin O’Neill’s wonderful comic book series The League of Extraordinary Gentlemen (and hopefully not the abysmal film based on it), in which they spin a version of our world in which every fantastic story, character, and geography is integrated into a single tapestry. While the story proper is mainly told in the form of comic book panels, Volume Two (for sale here, and highly recommended) contains, in the form of a lengthy appendix, a sort of gazetteer of this fantastic geography, which contains the following text.
We passed east of Zipang, or of Japan as it is these days called, and went south by way of Formosa, which possesses of its coast another smaller island of the same name, where the women and the men go naked save for plaques of gold and silver.
Zipang is in fact one spelling of the Shanghaiese reading of “Japan,” formerly used by some Europeans and thought to be the origin for the modern spelling. Moore here is obviously referencing Psalmanazar’s Formosa, as we can see from page 225 of the Description (first page of PDF Part II). By describing this Formosa as “another smaller island of the same name”, Moore is cleverly leaving room on the map for both the real and fantasy Formosa.
The great difference between the Japannese and Formosans, consists in this, that the Jappanese wear 2 or 3 Coats, which they tye about with a Girdle; but the Formosans have only one Coat, and use no Girlde. They walk with the Breast open, and cover their Privy parts with a Plate tied about them made of Brass, Gold, or Silver.
Incidentally, Moore’s reference to Formosa is located just above a large illustration of Laputa – which readers may remember from either the eponymous Miyazaki Hayao film, or its original source: Gulliver’s Travels, by Jonathan Swift. When one considers that Swift was clearly a fan of Psalmanazar’s imaginary geography, it actually seems quite reasonable to wonder if perhaps the Description of Formosa was an influence on Gulliver’s Travels, which as a chronicle of fantastic geography has some undeniable similarities.
This is already widely reported, but just thought I would share an amazing, terrifying story that happened pretty close to where I live.
Basically, the headline says it all. Back in June, some local workers visited the home one Sogen Kato to present him with an award – at 111 he had become the oldest resident of Adachi-ku, Tokyo, and the second-oldest man in Japan (on paper at least). However, his 80-year-old daughter wouldn’t let them in – “He’s upstairs but doesn’t want any visitors,” she said.
Undeterred, the officials complained to the police, who eventually got to the bottom of things – according to family members, in 1980 the then-octogenarian Kato declared he wanted to become “enlightened through mummification” (pic possibly NSFW – 即身仏), so would they please leave him alone in his room forever with no food or water, thank you very much.
Apparently, this claim might be a ruse – however Kato died, it’s possible they failed to report it in a ploy to keep receiving his pension. If true, that’s an incredibly stupid way of providing for your family after death. If he had bought a life insurance policy the survivors could have paid for a proper funeral (and therefore “proper” Buddha-fication) and still had enough left over to provide. And the biggest upside would be no skeletal corpse in the house for 30 years! I mean, just think of what you could do with that extra bedroom.
A little while ago a story swept the Internet that “white people are available for rent in China.” Apparently, sometimes companies hire Western actors to pretend they’re either visiting foreign businessmen or high-level employees to make a positive impression.
For the purposes of this post, I am assuming the posts and CNN report are basically accurate, though I couldn’t find any corresponding job listings on a cursory Google search.
What surprised me about this story was the cool reaction of much of the reporting and reaction (I’m looking at you, CNN). The dominant explanation seemed to be that white people lend “face” to a company, a characteristic aspect of Chinese culture. But when does getting “face” cross the line into fraud? Sending a fake company representative might sound like a funny sitcom premise, but misrepresenting your company’s operations can have some serious negative consequences. Not that any of this crossed the minds of the winners in the video. By the way, who wears a wifebeater to their CNN interview?
For a case in point, let me point to this Asahi story about securities fraud among startup companies in Japan:
FOI Corp., a maker of chip production devices in Sagamihara, Kanagawa Prefecture, pretended to have sold products to overseas companies when the goods were actually gathering dust in a warehouse in Machida, Tokyo.
To sell the story of its overseas business, FOI took CPAs abroad where they met the company’s supposed business partners. The translator hired by FOI lied to the accountants about the sales, sources said.
FOI was listed on the Mothers market in November last year after apparently window-dressing accounts starting in fiscal 2003.
The company reported fiscal 2008 sales of about 11.8 billion yen, but investigators suspect that 98 percent of the amount was fictitious. The company is now undergoing bankruptcy procedures.
FOI’s tactics fooled not only the CPAs, but also Mizuho Investors Securities Co., which advised the company on the listing, and the TSE.
I wonder if these “out of work actors” ever checked to see whether they were fronting for a real company. The overseas trips could easily have been to China, maybe even to a phony shop floor with real live white people.
The Happiness Realization Party, the political wing of new-age religion Happy Science, has scored its first seat in Japan’s legislature. Yasuhiro Oe (pictured), a proportional representation member of the upper house, has announced his intentions to change affiliation. The move comes after Oe chose not to join his comrades in the Japan Renaissance Party (改革クラブ) as it transformed into former health minister Yoichi Masuzoe’s new Nihon Rennaissance Party (新党改革). Oe commented that he joined because he shares most of the same conservative principals as HRP.
In a blog post, Oe writes that HRP had approached him last year about running with their backing in the 2009 lower house election, but he did not know enough about the group to accept. However, he has since learned that party leader Ryuho Okawa is a man with strong beliefs, the party shares his views on issues that are important to him, and that Happy Science is not one of those “questionable, strange religions” that forces people to spend money on expensive altars/shrines or makes them beat drums. (According to this anti-cult website, Okawa makes most of his money by making followers buy his published works). Add to that the recent drama with his former colleagues, and that was enough to make the switch. He is apparently not a Happy Science adherent.
I had not heard of Oe before now, but according to Wikipedia he has a history of switching affiliations. The Wakayama native first became an upper house member in 2001 as a PR candidate on the LDP ticket, then as a DPJ candidate in 2007. He later joined JRP as a founding member in 2008, citing problems with the DPJ’s methods. In terms of policy, he has adopted some typical right-wing positions – he’s pro-Taiwan, a firm Nanjing Massacre truther, and a vocal supporter of the victims of North Korea’s kidnapping program. He comes up for reelection in 2013. As Happy Science’s go-to man in the Diet, Oe will have the power to question government officials to try and get them on the record on issues relevant to the party. At the very least, you can probably expect some fairly bizarre formal written questions to the cabinet coming from Oe’s office.
The Happiness Realization Party was founded in May 2009 ahead of last year’s election season, fielding candidates for the Tokyo prefectural assembly and then in the historic lower house election in August on a radical program of major social upheaval and fiery neoconservative bluster. They failed to win a seat in any of the races, which cost them a lot of money in lost candidacy deposits. There have been organizational setbacks, too – weeks before the lower house election they announced they were pulling out of the race entirely before reversing themselves just three days later. And in its year of existence the party has had a total of six leaders (even worse than the LDP’s turnover rate!).
Money and bumbling will not stop these people, however – they just might be here to stay. Wikipedia says a candidate HRP backed in Machida-shi won a city assembly seat, which is a tangible success. The posters are still around Adachi-ku. Their website is packed with content and activity, including official commentary on the scandals of the day, ranging from the Ozawa scandal to Princess Aiko’s bullying troubles (their typically hard-line solution – radical reform of the teachers’ unions and a sweeping “bullying prevention law”). And they have already announced more than 20 candidates for the upper house elections this July.
If they can’t manage to actually win elections on a national level, convincing sitting members to switch parties like this might be a good way to get their foot in the door, especially in this time of party realignment.
For more info on what the Happiness Realization Party stands for, check out my post from last year’s election season.
Geos, one of Japan’s major “eikaiwa” English conversation chains, has entered the bankruptcy process (see Let’s Japan or any number of news reports for more details). Some reactions are declaring eikaiwa dead and encouraging teachers to look for employment outside Japan. It does seem like the old eikaiwa business model is not poised for a serious comeback barring a significant improvement in the Japanese economy. That said, eikaiwa as a concept and attractive learning option for Japanese people isn’t going away.
From the looks of it, some eikaiwa bankruptcies are all but inevitable. Revenue is down, and according to Nikkei “the number of language schools in operation last year remained mostly unchanged from 2008, but the number of new students enrolling in the schools plunged 35.7%.” That’s down 35% from post-NOVA levels!
Let’s see some of those numbers in graph form:
And some indicators of our own:
As overall revenues have fallen, sales of teaching materials have risen in importance, now accounting for around 10% of the language school business.
The industry overall now employs more part-time teachers than full-time, but now both categories of teacher are in decline. Not exactly a good sign for financial health or the job security of teachers.
Revenue per student has risen slightly as the average number of classes per student is down, which suggests to me a slightly lower value for the lessons.
Paradoxically, this sort of downsizing is exactly what the industry needs, but when schools collapse so suddenly and spectacularly it scares people away and hurts business even more. Nevertheless, I would not be so intensely pessimistic as some of the commenters I have read. The initial success of these schools has created the “eikaiwa paradigm” that will live on, I think, even if all the big chain schools fall to the wayside. Just as small-time piano teachers can make good money anywhere in the world, any halfway decent teacher who can reliably provide value for his/her services can do OK. Maybe not “tens of thousands of western immigrants descend on Japan” kind of OK, but OK nonetheless. Japanese people still want to learn English and are willing to pay for it. They just can’t afford it as much anymore and don’t want to hand their money to crooks.
The problem is that these major players set up large-scale businesses that profited by essentially gouging customers – promising stellar results and pressuring them into long-term contracts only to give sub-standard lessons to people who may not have really been able to benefit from them in the first place. Now, a combination of factors – tighter laws, the bad economy, rise of the Internet as a study tool, people generally getting wise to the con – has come crashing down on Geos.What the numbers don’t show is that the major operators seem to be offering more or less the same product as before – if anything, they are diluting the product with less value and more part-time teachers – and customers just aren’t as interested anymore.
News Corp.’s Twentieth Century Fox Film won an appeals-court ruling affirming the dismissal of three lawsuits filed by people who claimed they were emotionally harmed by appearing in the “Borat” movie.
The U.S. Court of Appeals in New York upheld the dismissals from last year in an order today. People who appeared in the film, including those in a dinner-party scene in which the protagonist presents a bag of feces, also sued for fraud and unjust enrichment, according to the ruling. They argued the ambiguity of “documentary-style film” in signed releases meant the lower court couldn’t rely on them to dismiss the litigation.
“While the character ‘Borat’ is fictional, the film unmistakably tells the story of his travels in the style of a traditional, fact-based documentary,” the appeals court wrote. “Indeed, the film’s stylistic similarity to the straight documentary form is among its central comedic conceits, employed to set the protagonist’s antics in high relief.”
“It’s disappointing,” Adam J. Richards, a lawyer for six of the seven plaintiffs, said of the ruling in a phone interview. “It allows well-financed parties such as Twentieth Century Fox to outright lie to people and rely on, in my opinion, an ambiguously worded document to get by the lies.”
The appeals court found the plaintiffs couldn’t claim the filmmakers fraudulently induced them into signing the releases because they didn’t try to verify what they were told by, for example, asking to meet the “reporter” or learn his name.
“They would have lied to him,” Levine said of his client Psenicska. “To use clear language like ‘mock documentary’ or ‘mockumentary’ would have given the game away. They were clearly trying to use obsfucation.”
While I agree that the plaintiffs should have maybe had a little common sense before jumping in front of the camera, I really hope Sasha Baron Cohen remains the only one making these obviously subversive movies. They work, but only because the makers are doing things everyone knows are completely wrong.