David Bolinsky on "Expelled" and Dembski's copyright infringement

At Richard Dawkins' blog, David Bolinsky of XVIVO explains the extent of the copyright infringement and reveals a previous copyright infringement action against William Dembski:

To the anti-ID community which is giving XVIVO support in our ideological battle against the microcephalic apostates of "Intelligent Design":

XVIVO created The Inner Life of the Cell for Harvard, through fourteen months of painstaking examination of how a myriad of systems, functional structures and proteins in a cell, could be depicted in a sweeping panoramic style of animation, reminiscent of cinema, that fundamentally raised the bar on the visualization of molecular and cellular biology for undergraduate students. In depicting what we did, other than merely maintaining the intent of the syllabus, we needed to edit like mad. A cell has billions of molecules, millions of active functional proteins and tens of thousands of structural elements separating, sequestering and joining compartments and systems into a functional whole. An initial foundational decision process of our creative vision, consisted of editing out 95% of the contents of our cell in order to gain, for our virtual camera, a vista to visualize what elements we left in. The decisions we made blended aesthetics with science. They were not made lightly, nor were they made without extensive consultation with researchers at Harvard, and an extensive body of literature, including protein data libraries and new findings by Harvard researchers.

Given the vast number of structures to be removed, and given the structures remaining "on camera", whose positioning and relationships, both aesthetic and functional, needed to remain true to the function and beauty of molecular biology, it is inconceivable, mathematically, that the animator hired by EXPELLED's producers, independently and randomly came up with the same identical actin filament mesh XVIVO depicted in one scene, which had never before been rendered anywhere in 3D! It is astonishing that among well over a dozen functional kinesins from which an animator might choose, we both chose the same configuration of kinesin, pulling the same protein-studded vesicle, on the same microtubule! Can YOU believe we coincidentally picked the same camera angles and left in the same specific structures in the background, positioned with the same composition? Equally astonishing is the "Intellgent Design" treatment of these and other proteins surfaces, which XVIVO derived using procedural iso-surface skinning of the PDB cloud data of our proteins' atom placement. There are an infinite number of possble "correct" solutions to that problem.

Coincidence? Given their "access to the same literature" we had, where Graham Johnson at Scripps so brilliantly worked out the real motion of kinesins, I am simply blown away that the "Intelligent Design" animators slavishly made the hands of their kenesins move exactly as we did, even though we intentionally left out the stochastic Brownian motion which actually characterizes the tractive force and periodic pedicle placement of these tiny motivators. We simply did not have the time or budget to render these, and a dozen other details, to the level of insanity we would like to have done! This was, after all, an underfunded proof-of-concept piece. The cellular biology that serves as "filler" material, between scenes copied from Inner Life, is riddled with biological errors. Imagine "Intelligent Design's" depiction of protein synthesis without ribosomes!

To Mr. Dembski: The only reason I am involved in this discussion is because I do not want the reputation of my company, hard-earned as it is, to be sullied by even oblique affiliation to your sort of smarmy ethics, if only through works of ours, purloined to fit your agenda. Last year you were charging colleges thousands of dollars to give lectures showing a copy of The Inner Life of the Cell, you claimed you "found somewhere", with Harvard's and XVIVO's credits stripped out and the copyright notice removed (which is in itself a felony) and a creationist voice-over pasted on over our music (yes, I have a recording of your lecture). Harvard slapped you down for that, and yes there is a paper trail. One can only assume that had we not taken notice then, we would be debating The Inner Life of the Cell being used in EXPELLED, instead of a copy. You have enough of a colorful history that Harvard, in its wisdom, decided to 'swat the gnat' with as little fuss as possible. Imagine our surprise earlier this month, to see our work copied in a movie trailer for EXPELLED! And you are in the movie too! Not quite a star, but brown dwarfs are cool. XVIVO has no intention of engaging alone, in asymmetrical fighting against an ideological entity with orders of magnitude more resources than we have. That might make great theater, but would resemble a hugely expensive game of whack-a-ID. Boring!

It makes me happy, though, that you decided to implicate your friends in print, on your blog (http://www.uncommondescent.com/legal/expelled-plagiarizing-harvard/#comment-229619), in what is legally, malignant infringement, since you no had doubt discussed with EXPELLED's producers, Harvard's previous legal infringement action against you, the Discovery Institute, where you are a fellow and Southwestern Baptist Theological Seminary, where you teach. Once we uncover the EXPELLED animation dollar trail, and bring it to light, we will have even more fun. The sublimely ridiculous claim that EXPELLED uses completely original animation, in light of copying our work so closely that a budget was reserved to pay for an infringement suit by Harvard, is delicious! Why should I try to take you guys down when you are doing such a splendid job yourselves? For free! So go ahead and release your movie. Just keep track of how many tickets you sell. We may just find that data valuable, too.

David Bolinsky

For more on David Bolinksy and the animation see:

(http://www.ted.com/index.php/talks/view/id/147)

UPDATE (April 12, 2008): P.Z. Myers comments. Blake Stacey also has a nice post summarizing the copyright infringement issue.

UPDATE (April 19, 2008): The footage copied from XVIVO was apparently removed before the film's public release yesterday.

The torture team

An article by Philippe Sands in Vanity Fair sets out the evidence that the legal framework set out to justify aggressive interrogation techniques at Guantanamo Bay also caused the abuses at Abu Ghraib prison in Iraq, and that those responsible are guilty of war crimes. Ironically, the actions the Bush has taken to guarantee immunity from prosecution for these actions makes the case stronger for international war crimes prosecution, meaning that if any of these responsible individuals sets foot outside of the U.S., they could be at risk of seeing justice done.

(Via The Daily Doubter.)

"Expelled" producer tells Catholics what they believe

"Expelled" producer Mark Mathis says that Christians who believe in evolution were intentionally excluded from the film because they "would have confused the film unnecessarily." (Don't confuse people with the truth!) He goes on to say that "the form of Catholicism that Ken Miller [biology professor at Brown University and co-author of a popular biology textbook] accepts and practices is, is nowhere near the form of Catholicism that is followed by Catholics who are members of the Catholic church, who believe in Catholic doctrine."

Mathis, who is not a Catholic, is apparently unaware that Miller's view of evolution is consistent with the official position of the Catholic Church as set forth by both Pope John Paul II and Pope Benedict XVI. The Catholic Church's position on evolution has been that it's not in conflict with Christianity, since Pope Pius XII.

Mathis should also take a look at the NCSE's Voices for Evolution, where he'll find that a lot of other Christian sects similarly have no problem with evolution.

"Expelled" and its producers seem to want to force a false dilemma of a choice between Christianity or evolution, just as the young-earth creationists do. They don't seem to realize that this kind of forced choice is one which will make any honest, inquiring mind who accepts the false dilemma to choose against Christianity. J.P. Hunt, a student in Ray Baird's 1980 "balanced treatment" class on creationism and evolution at Emma C. Smith Elementary School in Livermore, California, said on the 1982 PBS show "Creation vs. Evolution: Battle in the Classroom":

Someone that I know has become an atheist because of this class, because the creationist theory was so stupid, he thought. Well, if religion requires me to believe this, then I don't want to have any part of it.

I don't find this too objectionable as a consequence, personally. Learning that I was lied to by young-earth creationists was a significant factor in my abandonment of creationism, then Christianity, and then theism. The rampant dishonesty of the "Expelled" crowd will no doubt serve the same effect for others like me, and cause them to look to see if they've been similarly lied to about other things. Odds are, they will find that they have.

(Via Stranger Fruit.)

Matthew LaClair's speech from Freethought Today

I'm sorry that I just came across this excellent speech by Matthew LaClair recounting his experiences with David Paszkiewicz which was published in Freethought Today in October 2007, reprinted by the Friendly Atheist blog on January 6, 2008. It's probably the best concise summary of what happened and the subsequent events.

Time magazine reviews "Expelled"

Another negative review for the film, by Jeffrey Kluger. He specifically calls out the film for dishonesty:

The man made famous by Ferris Bueller, however, quickly wades into waters far too deep for him. He makes all the usual mistakes nonscientists make whenever they try to take down evolution, asking, for example, how something as complex as a living cell could have possibly arisen whole from the earth's primordial soup. The answer is it couldn't--and it didn't. Organic chemicals needed eons of stirring and slow cooking before they could produce compounds that could begin to lead to a living thing. More dishonestly, Stein employs the common dodge of enumerating all the admittedly unanswered questions in evolutionary theory and using this to refute the whole idea. But all scientific knowledge is built this way. A fishnet is made up of a lot more holes than strings, but you can't therefore argue that the net doesn't exist. Just ask the fish.

It's in the film's final third that it runs entirely off the rails as Stein argues that there is a clear line from Darwinism to euthanasia, abortion, eugenics and--wait for it--Nazism. Theories of natural selection, it's claimed, were a necessary if not sufficient condition for Hitler's killing machine to get started. The truth, of course, is that the only necessary and sufficient condition for human beings to murder one another is the simple fact of being human. We've always been a lustily fratricidal species, one that needed no Charles Darwin to goad us into millenniums of self-slaughter.

Kruger also criticizes Myers and Dawkins:

In fairness to Stein, his opponents have hardly covered themselves in glory. Evolutionary biologists and social commentators have lately taken to answering the claims of intelligent-design boosters not with clear-eyed scientific empiricism but with sneering, finger-in-the-eye atheism. Biologist P.Z. Myers, for example, tells Stein that religion ought to be seen as little more than a soothing pastime, a bit like knitting. Books such as Christopher Hitchens' God Is Not Great and Richard Dawkins' The God Delusion often read like pure taunting, as when Hitchens pettily and pointedly types God as lowercase god. Tautology as typography is not the stuff of deep thought. Neither, alas, is Expelled.

Looks like a sub-50% rating on Rotten Tomatoes is a foregone conclusion. I see that rottentomatoes.com has a new April 18 film on the list, Jenna Jameson's first non-porn film, "Zombie Strippers." "Expelled" is still not on the list. Which will have the bigger opening weekend box office take?

"Forgetting Sarah Marshall" (currently with a 93% positive rating at Rotten Tomatoes) will most likely be the box office leader. "Forbidden Kingdom" with Jackie Chan and Jet Li may also do well. Al Pacino in "88 Minutes," though it looks like a weak offering, is likely to have greater box office draw than "Expelled." Likewise for Uma Thurman and Evan Rachel Wood in "Life Before Her Eyes." Morgan Spurlock's latest documentary, "Where in the World is Osama bin Laden?", with a mere 33% positive rating at Rotten Tomatoes, is something "Expelled" needs to beat if there's really any hope of it making a mark on the top box office numbers for documentaries, as some of its advocates have claimed it will. (I predict it won't get into the top ten documentaries by box office, let alone the top three as the delusional advocate I just linked to seems to think.)

UPDATE (April 12, 2008): P.Z. Myers responds to the criticism directed at him by the Time reviewer.

Shermer and Scientific American review "Expelled"

Scientific American:

...it seems a safe bet that the producers hope a whipping from us would be useful for publicity: further proof that any mention of ID outrages the close-minded establishment. (Picture Ben Stein as Jack Nicholson, shouting, "You can't handle the truth!") Knowing this, we could simply ignore the movie--which might also suit their purposes, come to think of it.

Unfortunately, Expelled is a movie not quite harmless enough to be ignored. Shrugging off most of the film's attacks--all recycled from previous pro-ID works--would be easy, but its heavy-handed linkage of modern biology to the Holocaust demands a response for the sake of simple human decency.

Scientific American editor-in-chief John Rennie:

The most deplorable dishonesty of Expelled, however, is that it says evolution was one influence on the Holocaust without acknowledging any of the other major ones for context. Rankings of races and ethnic groups into a hierarchy long preceded Darwin and the theory of evolution, and were usually tied to the Christian philosophical notion of a “great chain of being.” The economic ruin of the Weimar Republic left many Germans itching to find someone to blame for their misfortune, and the Jews and other ethnic groups were convenient scapegoats. The roots of European anti-Semitism go back to the end of the Roman Empire. Organized attacks and local exterminations of the Jews were perpetrated during the Crusades and the Black Plague. The Russian empire committed many attacks on the Jews in the 19th and early 20th century, giving rise to the word “pogrom.” Profound anti-Semitism even pollutes the works of the father of the Protestant Reformation, Martin Luther, who reviled them in On the Jews and Their Lies and wrote, “We are at fault in not slaying them.” I don’t think Protestantism is accountable for the Holocaust, either, but whose ideas were most Lutheran Germans of the 1930s more familiar with: Darwin’s or Luther’s?

Scientific American columnist Michael Shermer, a former Pepperdine University student, points out yet another piece of dishonesty in the film:

It was with some irony for me, then, that I saw Ben Stein's antievolution documentary film, Expelled: No Intelligence Allowed, opens with the actor, game show host and speechwriter for Richard Nixon addressing a packed audience of adoring students at Pepperdine University, apparently falling for the same trap I did.

Actually they didn't. The biology professors at Pepperdine assure me that their mostly Christian students fully accept the theory of evolution. So who were these people embracing Stein's screed against science? Extras. According to Lee Kats, associate provost for research and chair of natural science at Pepperdine, "the production company paid for the use of the facility just as all other companies do that film on our campus" but that "the company was nervous that they would not have enough people in the audience so they brought in extras. Members of the audience had to sign in and a staff member reports that no more than two to three Pepperdine students were in attendance. Mr. Stein's lecture on that topic was not an event sponsored by the university." And this is one of the least dishonest parts of the film.

(Via Pharyngula.)

UPDATE (April 11, 2008): Wesley Elsberry points out Jonathan Wells' inconsistent stance on peppered moths versus Pepperdine students.

"Expelled" gets a copyright infringement letter

XVIVO LLC has sent a copyright infringement warning letter to Premise Media about the computer animation that appears to have been based on XVIVO's "The Inner Life of a Cell." Some have speculated that "Expelled"'s release was moved from February to April because it had used the XVIVO film directly (just as William Dembski and other Discovery Institute fellows had been doing in public lectures), and they used the time to re-create the animation on their own.

The letter says that XVIVO considers the segment in the film to still be close enough to be an infringement of their intellectual property rights, and demands:

1. That Premise Media, Rampant Films, and its officers, employees, and agents remove the infringing segment from all copies of the "Expelled" film prior to its scheduled commercial release on or before April 18, 2008;

2. That all copies of the "Inner Life" video in your possession or under your control be returned to XVIVO;

3. That Premise Media notify XVIVO, on or before April 18, 2008, of its compliance with the above demands.

It sounds like either "Expelled" will be slightly shorter on April 18, or will be contributing some of the box office gross to XVIVO. Peter Irons, who drafted the copyright letter, says in a comment at Pharyngula that he suspects the cost of making changes to the film before April 18 would exceed $100,000. Andrea Bottaro offers this suggestion in a Pharyngula comment:

I am sure that if the Expelled producers can show the judge all their notes and proof of intermediate production stages with respect to the scientific work that went from the analysis of the existing literature data to the construction of the molecular models, their rendering, and the final animations, the suit will be quickly dismissed. If on the other hand, all they have is a final product that looks just like XVIVO, and nothing to show about how they got there, the most logical conclusion is that their version is just a bad, unauthorized copy. It's pretty straightforward, really: if they have been honest, they have nothing to fear.

But of course they've been thoroughly dishonest from beginning to end. Commenter Michael X points out that they've got a further problem with resemblance to XVIVO's work:

It's actually worse than you think. Not only must they show their work, they have to explain (as PZ stated in the far earlier post on this topic, and ERV pointed out in this thread) the identical mistakes made in both videos. But, even more damning, how they ended up visualizing these mistakes in the exact same way as XVIVO. No amount of homework and fact checking will save you there.

Intentionally inserting mistakes into maps is how map-makers prove copyright infringement, and the same principle applied to DNA demonstrates common ancestry and the truth of evolution. (Also see this previous Lippard Blog post on retroviruses and common ancestry.)

UPDATE (April 11, 2008): William Dembski apparently wants to help XVIVO's case:

I ve gotten to know the producers quite well. As far as I can tell, they made sure to budget for lawsuits. Also, I know for a fact that they have one of the best intellectual property attorneys in the business. I expect that the producers made their video close enough to the Harvard video to get tongues awagging (Headline: Harvard University Seeks Injunction Against Ben Stein and EXPELLED you think that might generate interest in the movie?), but different enough so that they are unexposed.

In other words, they did use the XVIVO film as the source, and theirs is a derived work.

The "Expelled" website misrepresents the XVIVO copyright infringement claim, by pretending that the claim is that they used the actual XVIVO film, rather than copying it to make their own:

Editor’s Note: Questions have been raised about the origination of some of the animation used in our movie EXPELLED: No Intelligence Allowed. Claims that we have used any animation in an unauthorized manner are simply false. Premise Media created the animation that illustrates cellular activity used in our film.

The Producers of “EXPELLED: No Intelligence Allowed”

As Darwin Central notes, if you make your own animation of Mickey Mouse, changing the color of his pants won't be enough to keep you from being sued for copyright infringement by Disney.

UPDATE: David Bolinsky of XVIVO has commented publicly:

XVIVO created The Inner Life of the Cell for Harvard, through fourteen months of painstaking examination of how a myriad of systems, functional structures and proteins in a cell, could be depicted in a sweeping panoramic style of animation, reminiscent of cinema, that fundamentally raised the bar on the visualization of molecular and cellular biology for undergraduate students. In depicting what we did, other than merely maintaining the intent of the syllabus, we needed to edit like mad. A cell has billions of molecules, millions of active functional proteins and tens of thousands of structural elements separating, sequestering and joining compartments and systems into a functional whole. An initial foundational decision process of our creative vision, consisted of editing out 95% of the contents of our cell in order to gain, for our virtual camera, a vista to visualize what elements we left in. The decisions we made blended aesthetics with science. They were not made lightly, nor were they made without extensive consultation with researchers at Harvard, and an extensive body of literature, including protein data libraries and new findings by Harvard researchers.

Given the vast number of structures to be removed, and given the structures remaining "on camera", whose positioning and relationships, both aesthetic and functional, needed to remain true to the function and beauty of molecular biology, it is inconceivable, mathematically, that the animator hired by EXPELLED's producers, independently and randomly came up with the same identical actin filament mesh XVIVO depicted in one scene, which had never before been rendered anywhere in 3D! It is astonishing that among well over a dozen functional kinesins from which an animator might choose, we both chose the same configuration of kinesin, pulling the same protein-studded vesicle, on the same microtubule! Can YOU believe we coincidentally picked the same camera angles and left in the same specific structures in the background, positioned with the same composition? Equally astonishing is the "Intellgent Design" treatment of these and other proteins surfaces, which XVIVO derived using procedural iso-surface skinning of the PDB cloud data of our proteins' atom placement. There are an infinite number of possible "correct" solutions to that problem.

Coincidence? Given their "access to the same literature" we had, where Graham Johnson at Scripps so brilliantly worked out the real motion of kinesins, I am simply blown away that the "Intelligent Design" animators slavishly made the hands of their kenesins move exactly as we did, even though we intentionally left out the stochastic Brownian motion which actually characterizes the tractive force and periodic pedicle placement of these tiny motivators. We simply did not have the time or budget to render these, and a dozen other details, to the level of insanity we would like to have done! This was, after all, an underfunded proof-of-concept piece. The cellular biology that serves as "filler" material, between scenes copied from Inner Life, is riddled with biological errors. Imagine "Intelligent Design's" depiction of protein synthesis without ribosomes!

He addresses Dembski directly, and reveals that Harvard did take copyright infringement action against Dembski:

To Mr. Dembski: The only reason I am involved in this discussion is because I do not want the reputation of my company, hard-earned as it is, to be sullied by even oblique affiliation to your sort of smarmy ethics, if only through works of ours, purloined to fit your agenda. Last year you were charging colleges thousands of dollars to give lectures showing a copy of The Inner Life of the Cell, you claimed you "found somewhere", with Harvard's and XVIVO's credits stripped out and the copyright notice removed (which is in itself a felony) and a creationist voice-over pasted on over our music (yes, I have a recording of your lecture). Harvard slapped you down for that, and yes there is a paper trail. One can only assume that had we not taken notice then, we would be debating The Inner Life of the Cell being used in EXPELLED, instead of a copy. You have enough of a colorful history that Harvard, in its wisdom, decided to 'swat the gnat' with as little fuss as possible. Imagine our surprise earlier this month, to see our work copied in a movie trailer for EXPELLED! And you are in the movie too! Not quite a star, but brown dwarfs are cool. XVIVO has no intention of engaging alone, in asymmetrical fighting against an ideological entity with orders of magnitude more resources than we have. That might make great theater, but would resemble a hugely expensive game of whack-a-ID. Boring!

It makes me happy, though, that you decided to implicate your friends in print, on your blog ([uncommon descent link removed, you can get there from the above link]), in what is legally, malignant infringement, since you no had doubt discussed with EXPELLED's producers, Harvard's previous legal infringement action against you, the Discovery Institute, where you are a fellow and Southwestern Baptist Theological Seminary, where you teach. Once we uncover the EXPELLED animation dollar trail, and bring it to light, we will have even more fun. The sublimely ridiculous claim that EXPELLED uses completely original animation, in light of copying our work so closely that a budget was reserved to pay for an infringement suit by Harvard, is delicious! Why should I try to take you guys down when you are doing such a splendid job yourselves? For free! So go ahead and release your movie. Just keep track of how many tickets you sell. We may just find that data valuable, too.

UPDATE (April 12, 2008): Blake Stacey has a nice post summarizing the copyright infringement issue.

UPDATE (April 19, 2008): "Expelled" apparently removed the footage copied from XVIVO prior to the film's public release yesterday.

Violation of separation of church and state at Minnesota Islamic public school

Tarek ibn Ziyad Academy (TIZA), a K-8 charter school run out of the headquarters of the Muslim American Society of Minnesota and run by an imam, Asad Zaman, teaches Islamic studies and has mandatory prayers led by a non-student.

See, Christians--this is what the separation of church and state legally prohibits schools from doing with your tax dollars. Get it?

UPDATE (April 11, 2008): Very many conservative bloggers, including Michelle Malkin and the morons at Stop the ACLU, are protesting TIZA and asking why the ACLU isn't doing anything. In fact, the ACLU was on this issue before any conservative bloggers were, though they are hampered by the lack of a plaintiff. These bloggers are blatantly expressing their hypocrisy. If the ACLU was so much as sending a warning letter to a charter school promoting Christianity, they'd be protesting it. But since it's Islam, the ACLU can't possibly do enough.

GAO study: nearly half of government credit card expenses improper

From CNN:

Federal employees charged millions of dollars to government credit or debit cards, according to a Government Accountability Office study released Wednesday.

Those charges include Internet dating services, iPods, expensive clothing, a $13,500 dinner and lingerie to be worn during jungle training in Ecuador, the study said.

The audit also found that government agencies could not account for nearly $2 million worth of items, which included computer servers, laptop computers, iPods and digital cameras.

Nearly half of transactions made in the 2006 fiscal year with government credit or debit cards -- referred to as "purchase cards" -- were improper, the study found, and the audit condemned the government-wide "rate of failure" as "unacceptably high."

The improper purchases were either not authorized or did not meet the government's requirements for using purchase cards, the study [(PDF)] said.

What kind of lingerie is worn during jungle training in Ecuador? Was the jungle training itself an improper expenditure, or was that OK?

The Creation of an Evolutionist

Mike Beidler stopped by to post a comment on the post about "truth tickets," and I'm very pleased to see his blog, "The Creation of an Evolutionist," which describes his personal journey from being a young-earth creationist to accepting the fact and theory of evolution. It's people like Mike that are the most likely to have an influence on changing the minds of current young-earth creationists. Because of that, it's also the case that people like Mike often get to take even more heat from creationist organizations than we atheists receive. Those organizations are premised on the assumption that Christianity requires creationism, and Mike is a living, breathing, and forcefully arguing counterexample.

I, like Mike, used to be a young-earth creationist, but my journey continued on to the rejection of Christianity and theism.