Feds raid Gibson Factory

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noldar12
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Re:Feds raid Gibson Factory 2011/08/27 00:05:33 (permalink)
For bow makers, it is also a real issue.  For quality bows there is no substitute for pernambuco.  It simply has flexibility and resiliance that no other wood or substitute has.  My own bow is a lesser bow, and I can do what needs to be done with it, but it takes much more effort.

The old wood is simply gone, and the wood from trees grown in plantations simply is not as good as what grew in the wild.  Greed has indeed made the situation miserable, and the future looks fairly bleak.  Pernambuco is a rare South American wood (IIRC), and of necessity is very tightly controlled now.  At least the carbon fiber bows are improving (but also remains expensive, often close to $1,000 and up per bow).

Jim
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Re:Feds raid Gibson Factory 2011/08/27 01:02:58 (permalink)
ampfixer



I think somebody is trying real hard to smack down Gibson, but I don't know why.
Someone who used Opcode Studio Vision Pro in college and finally got in a position to take revenge. ;)

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#32
StevenMikel
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Re:Feds raid Gibson Factory 2011/08/27 01:35:11 (permalink)
ampfixer
I think somebody is trying real hard to smack down Gibson, but I don't know why.
 
 
 
 
 
Hmmmm?......There is another guitar company that makes a big deal about the wood it uses and ............ ,Gibson sued  'em.
 


post edited by StevenMikel - 2011/08/27 01:36:57
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craigb
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Re:Feds raid Gibson Factory 2011/08/27 03:50:06 (permalink)
Actually, I seem to recall that Gibson has tried to sue a bunch of other guitar companies lately.  Maybe a few choice calls were made by said companies for a bit of revenge?

 
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The Maillard Reaction
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Re:Feds raid Gibson Factory 2011/08/27 07:54:58 (permalink)
"Regulations and complying with them and now proving that you're complying with them is killing American business. 

This will not stop the cutting of trees in Madascar or anywhere else. If they can't sell the woods here in the US due to the regulations, there are many other countries willing to buy them so it accomplishes nothing."




Herb I agree that the regulations may not effect the change desired... but consider that


"I think it would be better to allow the woods to be harvested and encourage a replanting program for sustainability. Yeah, I know some trees grow slow, but start planting today and our great great grand kids will still be able to buy a guitar made from wood."
"


The countries where the wood is stolen from may not agree with you. For example; they may simply not want any wood stolen from their National Park.


What we are really speaking about is that there is a voracious demand for wood... and a lot of the woods, that are rare enough to have appeal as seeming exclusive, are quite simply stolen property.


The fact that other markets may buy stolen wood and support the stealing of wood does not make for a good reason for the USA to say that we should ignore the enforcement of legal wood trading. We certainly shouldn't start ignoring the fact that the wood is stolen just so as to allow the USA compete with countries that do look the other way.


For example; John explains that he makes amplifiers but finds the paperwork too bothersome when it comes to exporting his product from Canada. He says it would cut into profits too deeply. That all makes sense to me.

But the hardships he faces in that regard do not make it OK for us to act like once the stolen wood leaves it's country of origin that it's fair game to the market.

It seems to me that if you buy the wood from someone that does all the paperwork then you just copy the paperwork and move forward. I'm sure there's some frustrating extra I have not acknowledged... I am not trying to make light of the extra hassle. I acknowledge that the extra steps must seem like a deal killer.

But consider that:

People don't legally ship cars across borders without complete and proper paperwork.

People don't legally ship container loads of stolen TV sets without forged paperwork.

etc. etc.

That's what this is about... it is an international attempt to curtail an industry that happens to enjoy access to a large quantity of stolen product.

The international treaty is an effort to make it difficult to circulate stolen property.

Compliance in the treaty is voluntary. We volunteered to help with the effort to not trade in stolen property.





BTW, I read that article a second time... I am repulsed by the balance of the total lack of news it contains versus the number of salacious one liner zingers. It's non-news... and more like "a day in a life stuff" for any company trading internationally and dealing with customs.




all the best,
mike

 

 
post edited by mike_mccue - 2011/08/27 08:19:12


#35
StevenMikel
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Re:Feds raid Gibson Factory 2011/08/27 09:07:31 (permalink)
craigb


Actually, I seem to recall that Gibson has tried to sue a bunch of other guitar companies lately.  Maybe a few choice calls were made by said companies for a bit of revenge?

They've sued anybody thats made a reasonable alternative to the Les Paul.I know they sued PRS and I think they sued ESP(more for their Explorer copy).I don't know who else they've sued in recent years but,nothing would surprise me.
 
 I agree with mike_mccue about this though.
post edited by StevenMikel - 2011/08/27 14:22:31
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jamesg1213
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Re:Feds raid Gibson Factory 2011/08/27 12:01:57 (permalink)
jbow

Have you ever had whale meat with gravy, it is really good.

Pfft.

I once ate an entire aquatic eco-system, and I had two visits to the salad bar.

 
Jyemz
 
 
 



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#37
Guitarhacker
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Re:Feds raid Gibson Factory 2011/08/27 12:11:58 (permalink)
Yeah ...I'm sure this is only one side of the story... and some of the stuff in there is pretty scary indeed. 

Such as the part about the declarations on your customs forms if you happen to carry your "made from wood" guitar with you and it happens to contain rosewood and mahogany.  Apparently, as I understand it, if the agent decides to be a PITA, he/she can require all sorts of documentation that the average person would not have, and can then confiscate your prized axe and fine you on top of it. 

How zealous that enforcement would be IDK..... but looking to the TSA as a guide of what we might possibly experience with customs........ best to leave the guitars and violins and Bosendorf piano's home...

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#38
drewfx1
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Re:Feds raid Gibson Factory 2011/08/27 12:17:12 (permalink)
mike_mccue

It seems to me that if you buy the wood from someone that does all the paperwork then you just copy the paperwork and move forward. I'm sure there's some frustrating extra I have not acknowledged... I am not trying to make light of the extra hassle. I acknowledge that the extra steps must seem like a deal killer.  

But consider that:

People don't legally ship cars across borders without complete and proper paperwork.

People don't legally ship container loads of stolen TV sets without forged paperwork.

etc. etc.

That's what this is about... it is an international attempt to curtail an industry that happens to enjoy access to a large quantity of stolen product.

The international treaty is an effort to make it difficult to circulate stolen property.

Compliance in the treaty is voluntary. We volunteered to help with the effort to not trade in stolen property.





BTW, I read that article a second time... I am repulsed by the balance of the total lack of news it contains versus the number of salacious one liner zingers. It's non-news... and more like "a day in a life stuff" for any company trading internationally and dealing with customs.




all the best,
mike

Mike there is a disconnect here:

I agree wholeheartedly with the need to comply with and enforce CITES. But that doesn't mean the law designed to do this isn't terribly written. Just identifying and agreeing there is a problem does not automatically justify any proposed solution.

The problem with the amended Lacey Act (http://www.aphis.usda.gov/plant_health/lacey_act/downloads/background--redlinedLaceyamndmnt--forests--may08.pdf) in question here is that it:

1. Is vague, which allows prosecutors to use it capriciously if they so wish. Also, it can be used to enforce not just CITES and other treaties the US has agreed to, but any foreign law involving wood production

2. Allows for government seizure of questionable wood with very little burden on their part. The civil and criminal penalties have a much higher burden, but they can just seize things containing a potentially prohibited wood with the burden essentially being on you and not on them to prove it is legal. And potentially this applies not only to imported or exported wood, but locally purchased or transported finished products as well. 

So if you buy/transport (even within the US) a guitar made with perfectly legal pre-CITES B. Rosewood, the government can potentially seize it and store it here if they don't feel you have 100% proper (in their eyes) documentation:




I'm not sure if Gibson has even been accused of using prohibited woods, or whether they are accused of not following "proper procedures" somehow for the wood they import. Even if they attempted to comply with the proper procedures, the government can still just seize things if it feels they filled out the paperwork wrong or something like that.

 In order, then, to discover the limit of deepest tones, it is necessary not only to produce very violent agitations in the air but to give these the form of simple pendular vibrations. - Hermann von Helmholtz, predicting the role of the electric bassist in 1877.
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Guitarhacker
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Re:Feds raid Gibson Factory 2011/08/27 12:35:08 (permalink)
sounds like the IRS, the TSA, the EPA, ...... guilty until you prove you're not..... 

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Re:Feds raid Gibson Factory 2011/08/27 15:10:01 (permalink)
drewfx1


mike_mccue

It seems to me that if you buy the wood from someone that does all the paperwork then you just copy the paperwork and move forward. I'm sure there's some frustrating extra I have not acknowledged... I am not trying to make light of the extra hassle. I acknowledge that the extra steps must seem like a deal killer.  

But consider that:

People don't legally ship cars across borders without complete and proper paperwork.

People don't legally ship container loads of stolen TV sets without forged paperwork.

etc. etc.

That's what this is about... it is an international attempt to curtail an industry that happens to enjoy access to a large quantity of stolen product.

The international treaty is an effort to make it difficult to circulate stolen property.

Compliance in the treaty is voluntary. We volunteered to help with the effort to not trade in stolen property.





BTW, I read that article a second time... I am repulsed by the balance of the total lack of news it contains versus the number of salacious one liner zingers. It's non-news... and more like "a day in a life stuff" for any company trading internationally and dealing with customs.




all the best,
mike

Mike there is a disconnect here:

I agree wholeheartedly with the need to comply with and enforce CITES. But that doesn't mean the law designed to do this isn't terribly written. Just identifying and agreeing there is a problem does not automatically justify any proposed solution.

The problem with the amended Lacey Act (http://www.aphis.usda.gov/plant_health/lacey_act/downloads/background--redlinedLaceyamndmnt--forests--may08.pdf) in question here is that it:

1. Is vague, which allows prosecutors to use it capriciously if they so wish. Also, it can be used to enforce not just CITES and other treaties the US has agreed to, but any foreign law involving wood production

2. Allows for government seizure of questionable wood with very little burden on their part. The civil and criminal penalties have a much higher burden, but they can just seize things containing a potentially prohibited wood with the burden essentially being on you and not on them to prove it is legal. And potentially this applies not only to imported or exported wood, but locally purchased or transported finished products as well. 

So if you buy/transport (even within the US) a guitar made with perfectly legal pre-CITES B. Rosewood, the government can potentially seize it and store it here if they don't feel you have 100% proper (in their eyes) documentation:




I'm not sure if Gibson has even been accused of using prohibited woods, or whether they are accused of not following "proper procedures" somehow for the wood they import. Even if they attempted to comply with the proper procedures, the government can still just seize things if it feels they filled out the paperwork wrong or something like that.


Edit to add: I now see the part about the lacey act... I still hope you can see
that I haven't lent any approval of any particular domestic law

no longer valid:::::::::::::::::::::::::::
Did you get a chance to read the article?

I don't think it ever mentions any particluar domestic law.... and I hope you can also see that I haven't lent any approval of any particular domestic law that hasn't been mentioned.

::::::::::::::::::::::::

I even agreed with Guitarhacker that I doubt enforecment so far removed from the source is effective.

I do, however, support the long term goal of the international laws.

The article does mention Gibson and Madagascar Ebony specifically.

As I mentioned, the two events reported on sound like a routine day in a customs house.

I imagine the parties that have the most to lose can argue against any bad laws and help formulate good laws. I referred to that mechanism as "society".

Do any other countries have a better system? Would we use a better system if we knew that some other country had one?





If the law kicks down my door some day and asks me for my guitars *documentation*.... I'm calling both of my Senators and a handful of Representatives.







If I started thinking about all the stinky self service laws that have been passed in the past decade I'd get sick to my stomach.




best regards,
mike




post edited by mike_mccue - 2011/08/27 15:23:33


#41
drewfx1
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Re:Feds raid Gibson Factory 2011/08/27 15:33:08 (permalink)
mike_mccue

Do any other countries have a better system? Would we use a better system if we knew that some other country had one?  

No, because, sadly, in the US people are always 100% sure our system is better than anyone else's - even though they have no clue how anyone else does things.


 In order, then, to discover the limit of deepest tones, it is necessary not only to produce very violent agitations in the air but to give these the form of simple pendular vibrations. - Hermann von Helmholtz, predicting the role of the electric bassist in 1877.
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The Maillard Reaction
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Re:Feds raid Gibson Factory 2011/08/27 15:37:05 (permalink)
BTW, after taking a moment to reflect on your previous post... I pretty much agree with you... I just didn't like how that article made so many exasperated claims while providing so little info.


all the best,
mike
 


#43
ampfixer
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Re:Feds raid Gibson Factory 2011/08/27 16:00:44 (permalink)
The problem for me is that I feel the burden of proof should be on the vendor. If I sell a product and the customer asks if the wood is legal I have no idea. I can tell them where I bought it, but that's about it. I have not found an exotic wood distributor that provides certificates of compliance. This may be because I only buy small quantities.

Last year I bought 50 ft of really old Paduk boards from a retired cabinet maker. He thought it was Brazillian Rosewood because of the color and figuring. The fellow was 90 years old and had these boards for 50 years with no recollection of where he got it.

This is the way many of us get wood. I'm always on the lookout for cool wood and vintage electronic parts. I get to meet all sorts of folk and collect unique parts for my customers. If It came down to having a documented paper trail for every part I have, I'd be out of business.

I do understand the importance of conservation and the implications of an illegal trade in anything. It's unfortunate that much of the contraband comes from nations that barely have schools, and large populations of starving children. Who wouldn't sell a stick or some coral if they could feed their kids by doing so.

This is all politics and greed and I'm saddened by it.

Regards, John 
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#44
spacey
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Re:Feds raid Gibson Factory 2011/08/27 18:09:20 (permalink)
drewfx1


mike_mccue

Do any other countries have a better system? Would we use a better system if we knew that some other country had one?  

No, because, sadly, in the US people are always 100% sure our system is better than anyone else's - even though they have no clue how anyone else does things.


That's where you're wrong.....of course I believe you know that.
Of course there are plenty that still think the sun moves around the earth....but we voted for them.

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Feds raid Debbie Gibson 2011/08/27 18:09:24 (permalink)
ampfixer


...This is the way many of us get wood.
As you get older sometimes blue pills are required.
(Not by me mind you, just sayin')



 
Time for all of you to head over to Beyond My DAW!
#46
ampfixer
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Re:Feds raid Debbie Gibson 2011/08/27 18:39:12 (permalink)

Regards, John 
 I want to make it clear that I am an Eedjit. I have no direct, or indirect, knowledge of business, the music industry, forum threads or the meaning of life. I know about amps.
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#47
jbow
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Re:Feds raid Debbie Gibson 2011/08/27 19:23:11 (permalink)
The Gibson CEO was on TV last night or this morning... they run together. This happened several years ago, 2009 I think.The Feds confiscated about 2 million dollars worth of wood with no explainations, only with arrogance. The came in and pointed guns at employees and removed them, then the wood. Gibson has sued to find out why they took it and to get it back. Acording to the CEO it had nothing to do with violation of any US laws, import or other laws. It had to do with supossedviolation of Madagascar laws, of which Gibson says they did not violate.
Apparrantly some eco terrorist environmental nazi types made accusations and instead of an investigation there was a raid and seizure.
The Gibson CEO made very thinly veiled hints about the possibility of Gibson moving offshore, but also made it clear that Gibson is an American company and they do NOT want to be anything else... but they are a business and have to be free to manufacture their goods without dealing with nonsense like this.
I would think that the justice department could easily busy themselves with ACORN and the new Black Panthers with their nightsticks at polling places and with illegal immigration and druglords and on and on...
This is a highly political move by an oppressive and intrusive government that is overstepping it's bounds and hurting American business. This sort of thing makes entrepreneurs think twice before risking their time and money in the American business environment.
I hope we get some REAL hope and CHANGE before it is too late. I could say more but I wont... except to say that somehow our government has started to "major in minors and minor in majors". This Gibson debacle is only a symptom of a very sick political system.
We have to decide whether we want to be America, in the tradition of America or if we want to be Greece... and not in the tradition of Greece when it was a world power. It all comes down to choices and willingness to accept personal responsibility and whether or not we want an environment where people feel an acceptable risk level when undertaking to run, expand, or start a business in America.

Julien
post edited by jbow - 2011/08/27 19:25:03

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#48
quantumeffect
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Re:Feds raid Gibson Factory 2011/08/27 19:30:44 (permalink)
Let business sectors police themselves and if someone gets out of line then step up...


I really want to agree with and support this statement but … unfortunately I can’t.

I spent several years working as a research scientist in a field that that was heavily regulated by the FDA.  I literally would sit in meetings where the objective was to interpret the letter of the FDA monograph (i.e., the letter of the law vs the spirit of the law) to better understand how to move a project forward.

In other words, the regulations were viewed by many to be obstacles that needed to be creatively circumvented …

Dave

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#49
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Re:Feds raid Gibson Factory 2011/08/28 12:02:38 (permalink)
Here's an interesting take on it. The writer suggests that the raid was politically motivated, and that the reason Gibson is being harassed and not C.F. Martin (which uses the same wood) comes down to which political party each supported.

Sure, that may be a stretch, but you have to wonder why the US government is enforcing India's laws without any request or involvement by the Indian government. This is at least a very strange episode and suggests there is probably more to the story than we will ever know.

Meanwhile, you have Fender exploiting workers in Korea and nobody seems to care.


All else is in doubt, so this is the truth I cling to. 

My Stuff
#50
The Maillard Reaction
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Re:Feds raid Gibson Factory 2011/08/28 14:42:20 (permalink)
Well, well.

Bitflipper, it only took a moment of research to see that Andrew Lawton, the author of the article is over looking facts that undermine his thesis.

http://www.opensecrets.or...xywm&submit=Submit


Here you an see that in addition to making small contributions to Mike Hukabee (R), that Mr. Juszkiewicz also makes similar small contributions to Jim Cooper (D).


The contributions to the Consumer Electronics Association seems to be a perfunctory $5,000 per year. As noted the CEA gives money to both parties... as almost every lobby for business and industry in the USA does.

It's hard to consider the article or it's biased author as credible.



Apparently, C.F. Martin is a actual real life democrat... or at least wants his union shop to think he is... as he has made numerous small contributions... as small as $250 to an array of democratic party politicians.



best regards,
mike
post edited by mike_mccue - 2011/08/28 14:45:41


#51
drewfx1
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Re:Feds raid Gibson Factory 2011/08/28 15:08:18 (permalink)
My take, though completely speculative:

In the original raid involving Madagascar Ebony, I seem to recall Gibson may have bought it from a shady middleman. Gibson claims they are innocent and say they have the documentation to prove it.

The government doesn't feel confident they can win this case - for criminal penalties, I believe they would have to prove in court that Gibson knowingly conspired to buy illegal wood, which I would think would be hard to prove absent insider whistle blower testimony or wiretaps or something like that. For civil penalties, they would have to prove Gibson didn't do reasonable diligence to determine the wood was legal.

So instead the government decides to try and force Gibson to plead guilty by taking advantage of the overly broad powers in the amended Lacey act (the ones I criticized earlier) thus disrupting their business to the point that they have no choice but to take a plea.

 In order, then, to discover the limit of deepest tones, it is necessary not only to produce very violent agitations in the air but to give these the form of simple pendular vibrations. - Hermann von Helmholtz, predicting the role of the electric bassist in 1877.
#52
AndyW
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Re:Feds raid Gibson Factory 2011/08/28 15:26:10 (permalink)
It appears George Orwell was simply off by a few years in his book...sigh.

Best,

AndyW

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UbiquitousBubba
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Re:Feds raid Gibson Factory 2011/08/29 10:33:59 (permalink)
Perhaps the time has come to stop avoiding the obvious.  We humans are obviously not qualified to govern ourselves.  I think it's time we put dogs in charge.  They're friendly, they love becan, and they often like us.  It's not like they'll do any worse than we have. 

We would probably see some govenment agencies change and some new branches begin.  I'm thinking we might see a Department of Frisbee Throwing or a Department of Homeland Sniffing.  The Border Collie Patrol would guard against a feline incursion.  Rottweilers, Pit Bulls and Doberman Pinschers would probably rise to the upper ranks of the Department of Defense.  Congress would consist largely of Irish Setters, so they could be easily contained to minimize the damage they might cause.

There could be some fallout, of course.  Pretending to throw a ball, and then hiding it behind your back might become a misdemeanor offense.  Fences would have to be taken down.  Halloween Costumes for Dogs would become a Class 1 Felony.  On the other hand, Halloween Costumes for cats would be mandatory. 

When you think about the alternative, letting corrupt, intrinsically evil, and unbelievably incompetent people run our Government, letting it all go to the dogs doesn't sound like such a bad idea.
#54
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