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Posted: Tue Mar 08, 2011 9:06 pm
by Count Johnathan
Yes, I understand the issue quite well, since universities, colleges, museums and libraries also face potential liability for disciplining or terminating someone for a violation of the law or a breach of ethical duties.

That said, there is also considerable potential liability to an organization that fails to take action against a "bad actor" if any of its officers knows of misbehavior that may harm others and fails act to protect those placed at risk.


That is only if the corporate entity is aware and does nothing. Documentation of them addressing and then dismissing the issue would need to be presented and I am guessing that would be much easier said than done. Also it would seem more likely that it would be the individual who would be at fault and facing potential legal problems. Misprision would be the charge I believe. If it came to that.

Given the copious research done by SCA members and their commitment to accurate historical detail -- not to mention the significant body of academic scholars to be found among its ranks -- I had considered the SCA to be composed of "participa[nts] in the community of inquiry, as amateurs or as professionals."


Inquiry about medieval stuff only I am afraid. The private business practices of an individual are not what most of us study. It's not very "fun" which is what most of us are looking for in our participation in the SCA. Unless of course we are trying to keep from being ripped off that is LOL. :wink:

Posted: Tue Mar 08, 2011 9:32 pm
by JT
Count Johnathan wrote:HG Gavin sums it up well with this...

It's also important to understand that when it comes to matters that involve violation of actual laws, rather than SCA regulations, the SCA practice is to allow the legal machinery to reach a conclusion before any SCA sanctions are imposed. To do otherwise exposes the SCA, and individuals within it, to potential liability should the accused be found not guilty by the courts.


Completely non-associated with any situation concerning Brian Price, and maybe not the norm, but... I know of one situation where this is certainly not the case.

Posted: Tue Mar 08, 2011 9:39 pm
by Aerimus13
Personally I don't care about effecting the man's business nor do I care about any of the legal aspects of it. What I do care about is that he is an SCA knight and other SCA knights knew about his unsavory personality but continued to let it slide because he is a knight. This goes beyond law. This is about a professed morality and life style which has a code. A code that was allowed to be lax because the crimes where being done by one of their own.

Here is the code form the Song of Roland

*To fear God and maintain His Church
*To serve the liege lord in valour and faith
*To protect the weak and defenceless
*To give succour to widows and orphans
*To refrain from the wanton giving of offence
*To live by honour and for glory
*To despise pecuniary reward
*To fight for the welfare of all
*To obey those placed in authority
*To guard the honour of fellow knights
*To eschew unfairness, meanness and deceit
*To keep faith
*At all times to speak the truth
*To persevere to the end in any enterprise begun
*To respect the honour of women
*Never to refuse a challenge from an equal
*Never to turn the back upon a foe

Or if you don't like those then how about these from Knights Code of Chivalry as they were described in the 14th Century by the Duke of Burgandy

*Faith
*Charity
*Justice
*Sagacity
*Prudence
*Temperance
*Resolution
*Truth
*Liberality
*Diligence
*Hope
*Valour

If you want to profess to be a knight then be a damn knight and uphold the code that is attached to the title you bandy about.

I don't blame all SCA knights-- I really don't. I know there are a lot of good people who do hold these virtues in their heart. It is evident that Mr Price did not.

I challenge you all to read Sir Gawain and the Green Knight. Gawain was by no means perfect but he was able to say he was wrong and do penance for it. That is what makes him the paradigm of knighthood.

Posted: Tue Mar 08, 2011 9:53 pm
by Galleron
Vitus von Atzinger wrote:Brian has refunded the money for the defective gauntlets. I hope he can somehow make amends to everyone he has pissed off.

This has all been sad and depressing in the extreme.


Vitus, you have been a staunch advocate for another man who deserved justice, and I salute you for it. I am glad he got recompense. Well done.

Galleron

Another Development

Posted: Tue Mar 08, 2011 11:27 pm
by Christian H. Tobler
Hello all,

I have been contacted, through the CB/Revival.US customer service email account, by Mrs. Ann Price, maintaining that she has been trying to contact me.

She wrote this evening to offer sending me my overdue royalties in either money or in books, valued at half their retail price. I have returned the following to her, and I believe my reasoning, and my standing in solidarity with my fellow authors, will be clear:


Mrs. Price,

First, my home phone number has not changed in 14 years, and my cell phone number is the same as it has been for a decade. Beyond that, I am hardly difficult to contact, myself being a poster on a half-dozen forums and well known to both to the medievalist and Western Martial Arts communities.

The other authors and I have made clear our expectations, and demands, for resolution of this issue. We have no faith in any accounting of owed royalties on the part of Chivalry Bookshelf, nor do we find the continued use of our intellectual property acceptable.

The terms for concluding remaining business between us has been spelled out in the most definitive manner in our letter, sent to you in the past week. I reiterate, briefly, these requirements:

- That Brian relinquish all claim to rights of our intellectual property
- That Chivalry Bookshelf cease and desist in selling products including said intellectual property, including through 3rd party vendors
- That all books containing said property be sent to us, allowing the recovery of royalties long, and faithlessly, withheld, thereby ensuring they create no further revenue for the entity breaking, and defaulting, on the contracts pertaining to them.

This issue is not going to simply "go away", our concerns appeased by delivery of 'some' quantity of books or payment of money in lieu thereof. It will be resolved when the above requirements have been met.

Resolutely,

Christian Tobler



Best regards, and in gratitude for the support shown here,

Christian

Posted: Tue Mar 08, 2011 11:28 pm
by Christian H. Tobler
Sir Vitus,

I second Galleron's well-chosen words. Well done indeed sir!

Yours,

Christian

Posted: Tue Mar 08, 2011 11:32 pm
by Count Johnathan
Aerimus13 wrote:Personally I don't care about effecting the man's business nor do I care about any of the legal aspects of it. What I do care about is that he is an SCA knight and other SCA knights knew about his unsavory personality but continued to let it slide because he is a knight. This goes beyond law. This is about a professed morality and life style which has a code. A code that was allowed to be lax because the crimes where being done by one of their own.

Here is the code form the Song of Roland

*To fear God and maintain His Church
*To serve the liege lord in valour and faith
*To protect the weak and defenceless
*To give succour to widows and orphans
*To refrain from the wanton giving of offence
*To live by honour and for glory
*To despise pecuniary reward
*To fight for the welfare of all
*To obey those placed in authority
*To guard the honour of fellow knights
*To eschew unfairness, meanness and deceit
*To keep faith
*At all times to speak the truth
*To persevere to the end in any enterprise begun
*To respect the honour of women
*Never to refuse a challenge from an equal
*Never to turn the back upon a foe

Or if you don't like those then how about these from Knights Code of Chivalry as they were described in the 14th Century by the Duke of Burgandy

*Faith
*Charity
*Justice
*Sagacity
*Prudence
*Temperance
*Resolution
*Truth
*Liberality
*Diligence
*Hope
*Valour

If you want to profess to be a knight then be a damn knight and uphold the code that is attached to the title you bandy about.

I don't blame all SCA knights-- I really don't. I know there are a lot of good people who do hold these virtues in their heart. It is evident that Mr Price did not.

I challenge you all to read Sir Gawain and the Green Knight. Gawain was by no means perfect but he was able to say he was wrong and do penance for it. That is what makes him the paradigm of knighthood.


And what should the guilty knight do to Mr. Price eh? Chop off his head? Say bad things about him? Just what do you expect anybody is supposed to to to the man? Our ability to dispense justice only goes as far as modern mundane law allows. If Mr. Price came forward and said "oops sorry sorry everyone I failed as a knight. I really do feel terrible about it." and then went to jail or paid fines, would that make him the paradigm of knighthood? Somehow I don't think so. This is a modern legal matter and should be handled as such by the victims and courts if it should come to that.

I don't know the man. I know of him and I have heard he is a crappy businessman. I've also heard he has done nice things for some people. That's about as far as my "knowledge" of him goes.

Posted: Wed Mar 09, 2011 12:58 am
by Greg Mele
Johnathan,

Note that I said "each has to decide within their own ethics how they behave". To me, honor has a lot to do with it, and I'm startled that you don't think so, be you can see it being applied right here. Talbot - a triple peer - has given Brian a chance to make amends with him in a way that gains Talbot himself NOTHING, as he has already said that he will give away the books.

People like Galleron, another peer, have demonstrated honor by stating that they will not support, and will encourage people to boycott, a vendor who is willfully defrauding people.- in this case Mr. Price - and by asking what can be done to prevent him from vending and how they can lend a hand.

Vitus made it quite obvious that he is grieving over this - he considered Brian a friend - yet also held him accountable. He was going to pass over compensation to have the larger claims addressed - and only didn't do so because he realized that it is his *squire* whom he would be making that choice for - also an honorable decision.

Indeed, I might not agree with those who have chosen to believe the best of Brian and came here to defend him, but they did the honorable thing of lending their voice to something they believe.

Neither the court not the SCA had to do a thing, did they?

It takes nothing to state that as a "royal peer" - a person of respect and reputation in the organization - I do not find someone's behavior ethical or honorable and to be willing to state so publicly, vociferously, to sign a petition, whatever.

Am I saying that each and every person is obliged to do so? No. But I find the argument of "dude there is nothing I can do about it, nor should I be expected to do so - let the court handle it" a moral and ethical cop-out. Ironically, this is an all-too-modern position of "not my problem, cover your ass". During my 15 year sojourn with the SCA, I had thought, and had been taught, that was one of the things its members strove to be better than. Part of what made the Society a society and not a LARP.

Johnathon, you are a Count within the SCA, so you have obviously received and administered Oaths of Fealty, and have sworn a number of them yourself. I have no idea what that Oath looks like in other kingdoms, but in the Middle, were I was a member, it's:

"I here swear fealty and do homage to the Crown of the Middle Kingdom; to ever be a good knight and true, reverent and generous, shield of the weak, obedient to my liege-lord, foremost in battle, courteous at all times, champion of the right and the good. Thus swear I, ----"

If being a "champion of the right and the good" doesn't mean having at least the moral fortitude to say PUBLICLY "this man's behavior is wrong, possibly criminal" to urge people to take action, and to try and see that they don't repeat those crimes to other members of the Society, at Society events, really, what's the point? What is more of a real matter of "the right and the good" then real people being mistreated, robbed, lied to and threatened by another SCA peer - at SCA events, where those same illicit goods are being stolen?

So to my mind, yes, that is a matter of honor - it is dishonorable if you know of those crimes and believe them to just shrug and sit idly by and say "not my problem", when a few simple words make a difference. It is dishonorable, if Corpora says the kingdom seneshal has an obligation to notify mundane authorities and chooses not to "get involved".

It is not dishonorable to swear these sorts of oaths and go to great lengths to discuss honorable conduct in a pretend field of combat - a sport - but if that is the extent to which one holds themselves accountable to vows they take, then to my mind, that is play-acting.

No one expects everyone to take up every cause - but if it was important enough to follow this thread, and one believes the truth of it - that dozens have people have been cheated of thousands upon thousands of dollars, and that each time a book, a pin or a pair of boots is sold at Pennsic or Gulf Wars that is being perpetuated, then it seems that yes, one is honor-bound to decide if they are going to do anything about it.

To be clear: I don't think that anyone and everyone with a white belt or a tin hat is required to do something. Jonathon, I don't think that *you* are required to do a darn thing in my or anyone else's behalf. It may be that you don't buy Brian's stuff, could give a fig about WMA practice and really don't even know that you believe all of us and our claims in the first place. That's just fine; it's not like you know *me*, either.

But for those who live in his kingdom of residence, who host him when he merchants at their events, who know those who have been wronged, who have done business with him, who have friends or students who do business with him, etc., to say "nothing I can do" is the convenient answer, but not the honest one.

Posted: Wed Mar 09, 2011 1:02 am
by Greg Mele
Count Johnathan wrote:Inquiry about medieval stuff only I am afraid.


Which is what she was referring to: scholarship. The AHA's point is that if one considers themselves engaged in the serious professional or amateur inquiry of history they have this duty. It was reference to the allegations of plagiarism.

It's not very "fun" which is what most of us are looking for in our participation in the SCA.


So, why does this forum have sub-boards for things like the Philosophy of Chivalry, if it only applies when it can be applied to "fun"? ;) Again, do as you wish, but if for you it's just for fun, it is clear that others here take a different position, and you should respect that, as well.

Posted: Wed Mar 09, 2011 2:23 am
by Count Johnathan
Mele,I don't know the guy. I've never done business with him. Granted there seems to be a lot of "evidence" of wrong doing but honestly it is nothing but hearsay to me. It is information gleaned from an internet chat board as far as I am concerned. So is it a moral and ethical cop-out for me to say that the victims ( such as vitus who is grieving over this) as well as others who know the man personally, and the court system (if it should come to that) should deal with the problem?

It would be unwise and unethical for me to state publicly that the man is dishonorable or to sign any petition ragarding his business practices.

I am a peer in a kingdom where he does not live, where I have not been exposed to his practices. Honor has nothing to do with it from my perspective. In his personal relationships sure but honorable action at this point will not resolve the issue. As far as I am concerned I see this as a legal matter that should (and probably will be) dealt with in a court or at least under advisement from legal council. Let the SCA deal with it? Let the peers who know him deal with it? Hell no to both. Business is just that and when it is sour and contracts have been broken, you go to court. That's how business works in our modern world.

After that if the SCA or the kingdom he resides in determines he should be removed then so be it. I have no judgement on that nor would my opinion be asked about it. I have zero authority in that arena.

You want me to say he's a poo head? Sounds like it from what I see here but that's as much as I know.

Most of the peers in the SCA know about as much as I do about him. Sure there are lots who do know him personally but there are far more who don't have the slightest clue and couldn't pick him out of a lineup. We should not be judging him, slandering him, or asking for his removal since we have no first hand knowledge of what he is about. That is the truth and it is no cop out.

Posted: Wed Mar 09, 2011 2:42 am
by Greg Mele
Johnathon,

Count Johnathan wrote:Mele,I don't know the guy. I've never done business with him. Granted there seems to be a lot of "evidence" of wrong doing but honestly it is nothing but hearsay to me. It is information gleaned from an internet chat board as far as I am concerned. So is it a moral and ethical cop-out for me to say that the victims ( such as vitus who is grieving over this) as well as others who know the man personally, and the court system (if it should come to that) should deal with the problem?


I think you skimmed my post. I specifically said that this wasn't your issue:

To be clear: I don't think that anyone and everyone with a white belt or a tin hat is required to do something. Jonathon, I don't think that *you* are required to do a darn thing in my or anyone else's behalf. It may be that you don't buy Brian's stuff, could give a fig about WMA practice and really don't even know that you believe all of us and our claims in the first place. That's just fine; it's not like you know *me*, either.


Essentially, you just railed against me for agreeing with on that.

Whom I said this was relevant for:

But for those who live in his kingdom of residence, who host him when he merchants at their events, who know those who have been wronged, who have done business with him, who have friends or students who do business with him, etc., to say "nothing I can do" is the convenient answer, but not the honest one.


So I said it was a cop-out for those who fall into the above category.

Greg[/quote]

Posted: Wed Mar 09, 2011 2:59 am
by Thorstenn
Jester,

I see nothing wrong with "trial by combat" It worked well for William Marshal and many others. Many feel slighted by him that have not bought from him but share the same belt. I for one will not buy from him again. If these accusations are true he should not be selling at wars as it could be setting the stage for him to possibly do more harm.

Respectfully,

Thor-


jester wrote:I believe, sir, that some people are beginning to react overly strongly. I don't wish to tell anyone how to feel, but neither do I wish to see anyone allow their emotions to place them at risk of sullying their reputations by posting in the heat of the moment. A knight has fallen in the worst way. Let us all continue to speak the truth and remember courtesy.

Posted: Wed Mar 09, 2011 6:09 am
by Astaroth
It is almost as if a SCA knight could brutally murder someone like his spouse go to prison for twenty years and keep his Knighthood only losing it posthumously after a stink was made about him. Could something like that really happen. :roll:

Posted: Wed Mar 09, 2011 8:55 am
by Greyson Brown
Astaroth wrote:It is almost as if a SCA knight could brutally murder someone like his spouse go to prison for twenty years and keep his Knighthood only losing it posthumously after a stink was made about him. Could something like that really happen. :roll:


It seems to me that most people are saying he could lose his Knighthood if he was convicted, but not until. The way I read the preceding comments is:

SCA Knight kills spouse. Other SCA members say, "I wasn't there. I didn't see. It's all heresay to me. If a court finds him guilty, then we will do something, but I don't want to be accused of slander, so I'm not going to be the one to tell the cops."

We need to be very clear on one thing. I am not in the SCA. I know very few people who are in the SCA. I do not believe the people I know would take the above stance. I am simply trying to provide my interpretation of some of the preceding comments, which I think might help to curb hyperbole. (OK, so depending on how you look at it, that's actually four things.)

On the larger scale, I want to thank Christian, Greg, Lady Charlotte, and the others (especially the former CB authors) who have presented information here. I had entertained hopes of writing a book one day, and CB seemed like the logical choice for getting it published. Thanks to their efforts, I will be selecting a different publish and probably be better armed (knowledge-wise) in that task.

-Greyson

Posted: Wed Mar 09, 2011 9:05 am
by Murdock
The incident i think Astraoth is referring too is the SCA member who was a _convicted_ hit man and kept his belt even though he had killed a woman and her child for money and been convicted.

It was iirc only removed after he had died in jail.

Posted: Wed Mar 09, 2011 9:05 am
by BdeB
Astaroth wrote:It is almost as if a SCA knight could brutally murder someone like his spouse go to prison for twenty years and keep his Knighthood only losing it posthumously after a stink was made about him. Could something like that really happen. :roll:


You are moshing a couple of stories together there. Aoghous did not murder his wife, but was involved in a contract killing. He was also stripped of his sca titles long before he passed away in prison.

Posted: Wed Mar 09, 2011 9:07 am
by Murdock
"He was also stripped of his sca titles long before he passed away in prison."

Good

glad to be wrong.

Posted: Wed Mar 09, 2011 9:26 am
by Astaroth
What I wrote was a Hypothetical situation...Do you mean to tell me that it actually happened? :evil:


Ok out of the hypothetical and to the reality of the situation.


It may have been before he died but he kept his titles long after he had been in prison. I believe it was his R&D that was done posthumously sorry if I was mistaken about his belt.

If memory serves he had also had another problem that may or may not have involved his banishment and revocation of his belt and the Bod later removed that kingdom sanction. I believe his belt was taken at least twice for some reprehensible behavior and returned to him.

Posted: Wed Mar 09, 2011 9:27 am
by Galleron
Count Johnathan wrote:Mele,I don't know the guy. I've never done business with him. Granted there seems to be a lot of "evidence" of wrong doing but honestly it is nothing but hearsay to me.


Not really. If I said "Greg Mele told me that Brian Price has not paid the authors royalties for years" *that* would be hearsay.

If Greg says "Brian Price has not paid me royalties since 2007" that is a direct report from personal knowledge.

If Brian Price posts, using a long established Armour Archive profile and says that in fact he has *not* paid royalties since 2007, and in some cases since 2006, that is also a direct report from personal knowledge, from someone with the strongest possible interest in presenting the matter in a way that puts Brian in the most favorable light.

Brian's failure to pay royalties for over three years is not in serious dispute.

Posted: Wed Mar 09, 2011 10:14 am
by Astaroth
Just checked Aonghais was R&Ded his titles stripped and his chivalry revoked in 2003. http://www.sca.org/BOD/minutes/2003/2003-10-18-qm.pdf




He murdered the girl in 1983 and was convicted 9 or 10 years later and I believe he died in 2004. So "long before" he died in prison?


more about it.

http://wiki.caid-commons.org/index.php/ ... h_MacTarbh


As sad as it is, this chapter in the history of the SCA is one of its greatest failures in addressing the evil among us.

Posted: Wed Mar 09, 2011 10:35 am
by Aaron
http://wiki.caid-commons.org/index.php/ ... h_MacTarbh


He inspired a combination of unaccountable devotion and accountable hate among the people around him that I've never seen elsewhere. Sometimes, these two emotions would be expressed by the same people at different times. Similarly, he seemed simultaneously both larger than life and pathetic. Though I was always wary of him, I did, for a while, consider him a friend.


Wow. I've seen this before. There are those who have a ton of charisma and use it well. And it's very, very scary.

-Aaron

Posted: Wed Mar 09, 2011 11:16 am
by Morgan
The people you know wouldn't take that stance? So they'd convict him via opinion rather than fact? Nice people you hang out with.

How about this... You're a merchant. You're accused of a crime. You REALLY didn't do it, but you were accused.

The organization throws you out and bars you from merchanting, thus hurting you economically. Do you think you MIGHT sue them when you're found innocent?

Yeah, I'm funny....I want some PROOF before I go after someone. I've seen too many witch hunts over issues that were proven to be blatantly and purposely false. Yes, I want the injured party to initiate real legal action before I'm willing to have an organization do the same.

Greyson Brown wrote:
It seems to me that most people are saying he could lose his Knighthood if he was convicted, but not until. The way I read the preceding comments is:

SCA Knight kills spouse. Other SCA members say, "I wasn't there. I didn't see. It's all heresay to me. If a court finds him guilty, then we will do something, but I don't want to be accused of slander, so I'm not going to be the one to tell the cops."

We need to be very clear on one thing. I am not in the SCA. I know very few people who are in the SCA. I do not believe the people I know would take the above stance. I am simply trying to provide my interpretation of some of the preceding comments, which I think might help to curb hyperbole. (OK, so depending on how you look at it, that's actually four things.)

On the larger scale, I want to thank Christian, Greg, Lady Charlotte, and the others (especially the former CB authors) who have presented information here. I had entertained hopes of writing a book one day, and CB seemed like the logical choice for getting it published. Thanks to their efforts, I will be selecting a different publish and probably be better armed (knowledge-wise) in that task.

-Greyson

Posted: Wed Mar 09, 2011 11:22 am
by BdeB
Astaroth wrote:Just checked Aonghais was R&Ded his titles stripped and his chivalry revoked in 2003. http://www.sca.org/BOD/minutes/2003/2003-10-18-qm.pdf


You are correct, he was banished and/or stripped of his titles numerous times over the years for a variety of reasons, the last time was for the murder which of course wasn't known about for a number of years, and then the movement to have him stripped of his belt, etc. was started some time later after he had been prison a number of years.

Astaroth wrote:As sad as it is, this chapter in the history of the SCA is one of its greatest failures in addressing the evil among us.


I agree 100%. Paul Serrio seemed to have the perfect storm of charisma and luck and exploited the SCA and it's better nature for far too long.

Posted: Wed Mar 09, 2011 11:28 am
by Chris Gilman
Not wanting to derail this thread, but I knew Aonghais pretty well and lived down the street from him here in LA. I agree with the statement above. (edit: in Aarons post) None of the people I talked to ever suspected he was capable of such an act. But after it was discovered many said, “It doesn’t surprise me.” Other said, “I tried to tell you this guy was trouble and no one believed me!”
As with Brian, many people (Including myself, on a number of occasions) have spoken up and said, "Hey, this person is not what he appears to be!" or is doing less than honest things and using his peerages to aid in doing these things. Then others say, “He seems alright to me”. In the end, the people who are complaining are often drowned out or worn down by those who have been treated well by the accused and come to their defense. As I have stated, as a knight in the SCA, I have brought this issue with Brian up with 2 kingdoms and many fellow knights, as well as members of the order of the Laurel. In all cases enough people came to the defense of Brian or Brian had an “explanation” or said he would make amends, and any further action was dropped.
Only if enough people come together in one place and present accounts of their experiences, all with a similar narrative, that the nay sayers start to listen.

Posted: Wed Mar 09, 2011 12:15 pm
by Greyson Brown
Morgan wrote:The people you know wouldn't take that stance? So they'd convict him via opinion rather than fact? Nice people you hang out with.


Morgan, I think you miss-understood the action that the people in question would or would not take. I was talking about the apparent lack of willingness to contact modern authorities. If I or my friends had reason to believe that a person had committed a murder, I would (and I am confident that my friends would) contact the police, and provide whatever evidence we had. If the police used that information to charge the other person, so be it. If they found that the evidence was not compelling and let the matter drop, so be it. But we would have done what we felt was right and moral.

I was specifically addressing the comment about someone murdering their wife (hence my quote of Astaroth in my post). I have not commented on (other than my impression of what others were trying to say), and will not comment on, what an organization or society should do internally in such a case. I am not a member of the society in question, and I honestly cannot say that I have resolved in my own mind what is appropriate.

To bring this back to the point of this discussion, would I or those I know have contacted the authorities (in this case, the FBI's Financial Institution Fraud Unit) if we had known of Brian's actions previously? Yes. Would I (I won't speak for those I know, because it is not something we have discussed) ban him from selling at Pennsic or Gulf Wars? I don't know for certain.

I hope that makes my statement more clear and calms any offence that it might have caused.

-Greyson

Edited: because subject-verb agreement is apparently not my strong suit this morning.

Posted: Wed Mar 09, 2011 12:36 pm
by Count Johnathan
Greg Mele wrote:Johnathon,

Count Johnathan wrote:Mele,I don't know the guy. I've never done business with him. Granted there seems to be a lot of "evidence" of wrong doing but honestly it is nothing but hearsay to me. It is information gleaned from an internet chat board as far as I am concerned. So is it a moral and ethical cop-out for me to say that the victims ( such as vitus who is grieving over this) as well as others who know the man personally, and the court system (if it should come to that) should deal with the problem?


I think you skimmed my post. I specifically said that this wasn't your issue:

To be clear: I don't think that anyone and everyone with a white belt or a tin hat is required to do something. Jonathon, I don't think that *you* are required to do a darn thing in my or anyone else's behalf. It may be that you don't buy Brian's stuff, could give a fig about WMA practice and really don't even know that you believe all of us and our claims in the first place. That's just fine; it's not like you know *me*, either.


Essentially, you just railed against me for agreeing with on that.

Whom I said this was relevant for:

But for those who live in his kingdom of residence, who host him when he merchants at their events, who know those who have been wronged, who have done business with him, who have friends or students who do business with him, etc., to say "nothing I can do" is the convenient answer, but not the honest one.


So I said it was a cop-out for those who fall into the above category.

Greg
[/quote]

Not railing on you. Just explaining my position on it as there are others who seem to think this is an issue that could have been dealt with and resolved possibly by the peers. Obviously that is not so. You apparently understand where I am coming from and I will agree to a point that those closer to him probably should have stepped up about this long ago if they were aware of such issues.

Posted: Wed Mar 09, 2011 12:55 pm
by Count Johnathan
Galleron wrote:
Count Johnathan wrote:Mele,I don't know the guy. I've never done business with him. Granted there seems to be a lot of "evidence" of wrong doing but honestly it is nothing but hearsay to me.


Not really. If I said "Greg Mele told me that Brian Price has not paid the authors royalties for years" *that* would be hearsay.

If Greg says "Brian Price has not paid me royalties since 2007" that is a direct report from personal knowledge.



Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. Me being the first person it is hearsay... to me. Not saying that I don't believe people but it is what it is.

Posted: Wed Mar 09, 2011 1:09 pm
by Louis de Leon

Posted: Wed Mar 09, 2011 1:24 pm
by Payn
Greyson Brown wrote:......I was talking about the apparent lack of willingness to contact modern authorities. If I or my friends had reason to believe that a person had committed a murder, I would (and I am confident that my friends would) contact the police, and provide whatever evidence we had. If the police used that information to charge the other person, so be it. If they found that the evidence was not compelling and let the matter drop, so be it. But we would have done what we felt was right and moral.
.....
I am sorry, but I am failing to see where there was any lack of willingness on the part of anyone to contact the police. The issue with the murder, afaik, wasn't known by SCA members until after the police had arrested him.

The situation that this thread is revolving around, has mostly been hearsay or completely unknown to a vast majority of the people commenting for years. I will admit, that I had heard grumblings, but usually not names. This thread has enlightened me to who the accuser was in more than one story I had heard over the years.

In each of these instances revolving around CB, it's a breach of a business relationship, either with customers, or partners/suppliers/authors. I would expect that if any party were to go to the police over a financial issue, it would be the wronged party.

I would also expect, that in the case where you expect no restitution for your claims, or if the amounts were low enough that legal recourse was going to be unsatisfying, people would not bother with the modern authorities.

Posted: Wed Mar 09, 2011 1:32 pm
by Morgan
I certainly may have misunderstood. The SCA not contacting the modern authorities in a case such as that being discussed here being COMPLETELY non-analogous to a failure to contact the modern authorities in a MURDER being the principal reason. I wasn't addressing the latter.

I was addressing the people who seem to be calling out on the carpet "the SCA" and peers and knights and kingdoms of the SCA for not "doing something" in a case that seems to me to be very much a case for civil courts. Lady Charlotte has even extrapolated from our bylaws that it seems that the onus is on the kingdom seneschal to report this issue to the modern authorities, when it seems to me pretty clear that the intent of that rule is about criminal acts and public safety. I simply don't see how any reasonable person can interpret that rule to mean that we - anyone in the SCA - should report anyone to the authorities for theft of intellectual property or failure to pay royalties. That burden clearly (to me) falls on the shoulders of the harmed party to initiate. (And I hope that doesn't seem a condemnation of Lady Charlotte, who has been an incredible researcher in this matter. Truly this was the only instance of inference with which I disagreed.)

I DO see that should such a case be legally tried, and it is determined that such theft did take place, that such harms were done, and that this theft and harm was facilitated by honors and association with the organization, that the organization would THEN seek some kind of repudiation for the individual who abused the relationship.


Greyson Brown wrote:
Morgan wrote:The people you know wouldn't take that stance? So they'd convict him via opinion rather than fact? Nice people you hang out with.


Morgan, I think you miss-understood the action that the people in question would or would not take. I was talking about the apparent lack of willingness to contact modern authorities. If I or my friends had reason to believe that a person had committed a murder, I would (and I am confident that my friends would) contact the police, and provide whatever evidence we had. If the police used that information to charge the other person, so be it. If they found that the evidence was not compelling and let the matter drop, so be it. But we would have done what we felt was right and moral.

I was specifically addressing the comment about someone murdering their wife (hence my quote of Astaroth in my post). I have not commented on (other than my impression of what others were trying to say), and will not comment on, what an organization or society should do internally in such a case. I am not a member of the society in question, and I honestly cannot say that I have resolved in my own mind what is appropriate.

To bring this back to the point of this discussion, would I or those I know have contacted the authorities (in this case, the FBI's Financial Institution Fraud Unit) if we had known of Brian's actions previously? Yes. Would I (I won't speak for those I know, because it is not something we have discussed) ban him from selling at Pennsic or Gulf Wars? I don't know for certain.

I hope that makes my statement more clear and calms any offence that it might have caused.

-Greyson

Edited: because subject-verb agreement is apparently not my strong suit this morning.

Posted: Wed Mar 09, 2011 1:48 pm
by Astaroth
I think the problem is two fold. The SCA's inability to police it's own. For instance a convicted murderer retaining his belt and rank for years and years after his incarceration.

Second is the blame the messenger mentality but that has been addressed elsewhere in another thread.

Looking at the girl scout example I believe the SCA needs a very specific code of conduct and written procedures if one steps out side of that code. Not the very loose one currently on the books or the actual reality where there is no code beyond what the BOD/royals feel like doing at the moment.

Posted: Wed Mar 09, 2011 1:57 pm
by Greg Mele
Johnathan,

Thank you for clarifying. I do understand that there is often this idea that the "Peerage" is a mono-unit, when in reality there are three Orders, further subdivided by kingdom, etc., who then in turn really wield influence, not authority unless they are a great officer, sitting crown, etc. What I would hope is that closer to the issue or those involved would do is wield that influence to bring things to light so that proper actions - be that social pressure, Kingdom/Society action, informing the mundane, legal authorities, etc - could be used to mitigate the damage to others. For me, that would be *their* call to "defend the right and the good". Make sense?

So, yes, I think we generally agree, and no, I certainly don't expect every KSCA to mount up and ride to war! (Well maybe Pennsic, Estrella or so forth... ;))

(NB: sorry that I have kept dropping or flipping a letter on your name. I have two friends who are "Jonathons", each with a different spelling, so adding the third is making my little head spin! ;) )


Morgan,

Conversely, everything I wrote to Johnathan is why I must strongly disagree with your post. Unlike him, if I have made the connection correctly, you are a knight living not only in the same kingdom, but the same city as Mr. Price, aka "Earl Brion ap Rhys Thornbird, KSCA".

More importantly, if I have made the connection correctly, you are the Earl Marshal of Ansteorra - a Great Officer of Ansteorra and the person tasked with calling a Court of Chivalry. That doesn't sound very pleasant - not just the calling of such a court, but even the investigating of the need for one - but it is part of the job description. It also gives you the most truly medieval role amongst the knights of Ansteorra: as a reading of Honore Bonet of Giovanni da Legnano reminds us quite readily, one of the chief duties of the knighthood was to serve as jurists.

Now, to be very, very clear I would not expect you to have known anything about this, but now you do. You have the assertion of seven of Brian's authors, two of whom are professional academics. Of those two, one is the curator of one of the only dedicated Arms and Armour museums in North America, the other is a Duke, Knight and Laurel of the Society, who is known for his integrity throughout the Known World - someone who has been in the Society long enough to have been at and fought in every Pennsic battle, and we're going on Pennsic XL.

You also have the assertions and testimony here of:

1. a Midrealm triple peer - Talbot
2. a Midrealm Knight - Vitus
3. a Caidan knight or double peer (sorry, Chris, I don't know your rank for certain) - Chris Gillman
4. an Ealdormerean Viscount, Knight and Pelican - Menken - and...
5. his lady wife, Eleanor (Kess), who is a Pelican and Laurel

All of whom are not only long-time and well-known, 20 - 30 year members of the Society, they are also merchants themselves who have maintained high reputations for their integrity. The first three are also well known here, on the Archive. These are people known throughout the Society as "good people", and they all have the same tales to tell.

You have the further testimony of an Eastern Laurel, Galleron, who is *not* a merchant, but is certainly well-known and *not* known to be a party to gossip mongering. He has specifically told all here that Brian used those images without attribution or permission. That is not hearsay, that is testimony.

Now, even if this were all hearsay, shouldn't this be enough to suggest that the Ansteorran Order of Chivalry, its Seneschal and its Crown should at least want to know more about one of its knights is doing at SCA events, wearing a white belt that, no matter where he received it, now links him to your Kingdom? Especially as he is about to head off to sell these products at Gulf Wars, where Ansteorra plays a principle role?

But, as Galleron pointed out, this is not all hearsay. Brian Price himself has posted here that he has defaulted on his royalty payments since 2007 and has acknowledged his debt to Talbot. He also acknowledged that he has not exchanged any communication with the injured parties until "outed" on this forum. That is not hearsay, but direct admission.

Further, claims of "if he is innocent he will sue us" is a strawman argument. As Lady Charlotte pointed out above, social, academic and fraternal organizations maintain codes of ethics and often remove members long before there is any establishment in court - and at times the conclusions of each do not coincide. As to the argument "but this damages his business, so if he is innocent he will sue us" - what to do you think happens to a professional academic who is thrown out of the AHA for misconduct? I hope he already has tenure, because his job prospects suck.

I will give one final comparison, from another organization that expresses and espouses chivalric values - the Freemasons. Even in their dwindled state, the Masonic Order dwarfs the SCA in membership, assets and social influence. Conversely, by your measurement, they are also far more exposed to vulnerability if they throw a member out. And yet, they have often done just that - withdrawn membership - for things that have occurred outside of lodge. The courts uphold that right.

But the real strawman is that no one is telling Ansteorra they must strip Brian Price's belt, ask the BoD to invoke an R & D or anything of that sort. What they have said is that now that its chivalry, Crown and Great Officers are aware of what has happened and been happening for years, they have an ethical obligation to a) seriously look into it, b) for the Great Officers to look what Corpora dictates in this issue - which simply involves informing the mundane authorities, most likely the Texas Attorney General's office for Consumer Fraud or comparable, c) determine if there are any desired, appropriate or possible sanctions for the kingdom itself to take.

That is the dirty side of being in a position of authority *and* responsibility in a social organization. Being a knight and Great Officer of the home kingdom and waiving this off by saying "let him have his day in mundane court before we get involved" might be easiest, but make no mistake - it speaks to chivalric lassitude, not honorable behavior.

Finally, I want to reiterate that I am no longer a member of the Society, though I maintain many friends within the Society and attend Pennsic and the odd event. Beyond preventing him from selling my intellectual property in one more place, having Mr. Price sanctioned by the SCA in some fashion or other really does nothing to compensate myself or the other seven authors. But many of Mr Price's customers whom he has swindled or made party to helping him sell illicit goods, and the others I listed above that he has exploited are members, and he uses his rank in the Society and attendance at Society wars to perpetuate those abuses.

As I said above, I would not expect you to have known anything about this, but now you do. If Ansteorra's Earl Marshal, Crown and Seneschal will not police their own after there is this sort of extensive testimony covering 25 years, three continents and people within and without the Society, many of whom have never met, why bother having an Order of Chivalry or a Society in the first place? Why not just say that knighthood is determined solely by prowess, so after "x" fights won you get a white belt and drop all the rest? What separates the SCA from a LARP with rattan weapons instead of foam ones?

My guess: because that is not what most people in Ansteorra or any other part of the Society joined for, and for most Knights of the Society, the white belt and gold spurs means something more than that. Good on them - Sir Raymond Lull would be proud.

Cordially,

Gregory Mele

Posted: Wed Mar 09, 2011 2:02 pm
by Payn
Astaroth wrote:I think the problem is two fold. The SCA's inability to police it's own. For instance a convicted murderer retaining his belt and rank for years and years after his incarceration.
...
The request to strip rank and titles, iirc, has to come from the kingdom. In the event that someone has has moved, or committed crimes in another SCA kingdom, who is the kingdom in charge of filing the paperwork. In the event where someone is going to be effectively R&D'd, do you even bother? It's not like a guy in jail is going to be bringing his SCA life along with him.

You also will run into the "you're just piling on" mentality. "The guy's already in jail for life, you're just piling on and stripping his titles. It's not like he's ever going to use them again"

I think, that in times past, there has been an expectation, that as far as I know is untrue, that an R&D also strips rank and title.

Posted: Wed Mar 09, 2011 2:21 pm
by Aaron
Greg,

That was an astounding letter. Well written.

Thank you,

-Aaron

Posted: Wed Mar 09, 2011 2:31 pm
by DukeAvery
"... What separates the SCA from a LARP with rattan weapons instead of foam ones? ..."

Somewhere out there are soldiers playing with nerf weapons. I would not draw any conclusions as to which pastime was more worthy.

To no one in particular;

I categorically reject any attempt to put this on me and my brothers. Calls for help are a different matter.

I've known Brion for years, and recently reconnected with him at Pennsic. I was there the day he was on fire and won crown, and I would certainly be willing to communicate with him on behalf of the kingdom of Ansteorra should his Majesty see a way that I may help. Maybe Brion is just a bad businessman. In the absence of facts there can be no ethical judgement.

Regards

Avery