In a written statement, the film's three producers -- Walt Ruloff, John Sullivan and Logan Craft -- acknowledged that they did not seek permission, but they called the use "momentary." "After seeking the opinion of legal counsel it was seen as a First Amendment issue and protected under the fair use doctrine of free speech," the statement said. A spokeswoman said under 25 seconds of the song are used in the movie.Now this is actually an instance where I agree with "Expelled"'s producers--this should fall within fair use guidelines. The courts, however, have already ruled otherwise. (UPDATE: Not quite accurate, see correction below.) In 2005, the 6th Circuit Court of Appeals ruled in Bridgeport Music, Inc. v. Dimension Films that even a 1.5-second sample requires a license. I'd be happy to see a lawsuit on this issue result in that ruling being overturned.
However, the latest claim concerning the copyright status of our proprietary animation is so ridiculous, bogus and misinformed that we must respond. Premise Media invested significant time and money into the research and original creation of the animation used in our film to illustrate cellular activity. Our own team of experts created the highest quality of animation that is available. In fact, the animation we use in the theatrical release of our movie is only a small portion of the animation we have created and plan to use in future projects.Darwin Central has proposed a paternity test in the form of a series of image comparisons. On the left hand side, images from a variety of sources showing a particular process in the cell that is depicted by "The Inner Life of the Cell." On the right hand side, a comparison image from the "Expelled" segment at issue. Surely, if the "Expelled" producers are correct, there should be no reason to find any special similarity between the image on the left that comes from XVIVO's film and the image that comes from "Expelled" versus any of the other images on the left.
GUARD: Exit, exit, exit. Lady, I'm not going to tell you again.
OBERWETTER: I'm just...what did we do?
GUARD: Exit. Exit, now...
OBERWETTER: What rule are we breaking? It's against the rules to dance?
GUARD: Yes it is. Read the sign inside the memorial. It says quiet.
OBERWETTER: I'm standing here being very quiet.
GUARD: You're dancing in here. That's disorderly.
To the anti-ID community which is giving XVIVO support in our ideological battle against the microcephalic apostates of "Intelligent Design":UPDATE (April 12, 2008): P.Z. Myers comments. Blake Stacey also has a nice post summarizing the copyright infringement issue.
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)
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.
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?
...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:
(Via Pharyngula.)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.
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;
That all copies of the "Inner Life" video in your possession or under your control be returned to XVIVO;
That Premise Media notify XVIVO, on or before April 18, 2008, of its compliance with the above demands.
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.)
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.
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.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”
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.He addresses Dembski directly, and reveals that Harvard did take copyright infringement action against Dembski:
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!
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.
Federal employees charged millions of dollars to government credit or debit cards, according to a Government Accountability Office study released Wednesday.What kind of lingerie is worn during jungle training in Ecuador? Was the jungle training itself an improper expenditure, or was that OK?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.
"Expelled" is a sloppy, all-over-the-place, poorly made (and not just a little boring) "expose" of the scientific community. It’s not very exciting. But it does show that Stein, who’s carved out a career selling eye drops in commercials and amusing us on sitcoms, is either completely nuts or so avaricious that he’s abandoned all good sense to make a buck.Looks like "Expelled"'s positive reviews are limited to those by right-wing political talk show hosts on whose shows they're buying advertising.
Both treatment groups, "true" and sham acupuncture, experienced decreases in the intensity of arm pain, arm symptoms, and noted improvement in arm function. However, patients in the sham acupuncture group improved more than patients in the "true" acupuncture group in the intensity of arm pain and just as much in measures of arm function and grip strength. The difference between the two groups was not sustained at a followup visit one month after the treatment ended, although the improvement in both groups remained detectable compared to baseline. Indeed, arm pain and arm symptoms scores declined faster in the sham compared with the "true" acupuncture group.In this study, which was the largest, best-designed trial thus far for acupuncture for arm pain due to RSI, sham acupuncture was better than "real" acupuncture!
Read the details at Orac's Respectful Insolence blog.
(Via Friendly Atheist.)Davis: I don’t know what you have against God, but some of us don’t have much against him. We look forward to him and his blessings. And it’s really a tragedy — it’s tragic — when a person who is engaged in anything related to God, they want to fight. They want to fight prayer in school.
I don’t see you (Sherman) fighting guns in school. You know?
I’m trying to understand the philosophy that you want to spread in the state of Illinois. This is the Land of Lincoln. This is the Land of Lincoln where people believe in God, where people believe in protecting their children.… What you have to spew and spread is extremely dangerous, it’s dangerous–
Sherman: What’s dangerous, ma’am?
Davis: It’s dangerous to the progression of this state. And it’s dangerous for our children to even know that your philosophy exists! Now you will go to court to fight kids to have the opportunity to be quiet for a minute. But damn if you’ll go to [court] to fight for them to keep guns out of their hands. I am fed up! Get out of that seat!
Sherman: Thank you for sharing your perspective with me, and I’m sure that if this matter does go to court—
Davis: You have no right to be here! We believe in something. You believe in destroying! You believe in destroying what this state was built upon.
If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition, he would be doing so in order to prevent further attacks on the United States by the al Qaeda terrorist network. ... In that case, we believe that he could argue that the executive branch's constitutional authority to protect the nation from attack justified his actions.The fact that Bush wasn't impeached and convicted years ago for high crimes and misdemeanors is astounding to me.
Myers' full critique is well worth reading, and if creationists read it, they might learn something about how science actually works.Notice anything missing? Right, no results. That's a metaphor for the whole creationist movement right there. There are some photos imbedded in the methods section, but it's like a random set of random photos of random parasites this guy found in his fish; there's nothing systematic about it, and the photos aren't even very good — the SEMs are way too contrasty.
Since he has no data, he has nothing to evaluate, and his discussion is a rehash of review papers he has read that highlight the complexity of the trematode life cycle (and it's true, it is complex with a series of hosts), and that every once in a while raise a pointed question, such as, "What allows this cercaria to resist digestion within the fish stomach…?", which I would have thought would be reasonable kinds of questions for a grad student to actually, you know, study. If this had been my grad student, anyway, I would have told him to knock off the pointless microphotography and focus on one of these questions and try to answer something.
...
This paper is completely unpublishable by any legitimate science journal. I doubt that it could get past an editor, who typically screen out the obvious crackpottery, and no reviewer would be fooled by it; it's experiment-free and even its few observations are incoherent and pointless. Its conclusion reveals that the author doesn't even understand the theory he claims to be criticizing.
Yet, the two Christian biology texts at issue commit this "wrenching violation." For example, Biology for Christian Schools declares on the very first page that:(1) "'Whatever the Bible says is so; whatever man says may or may not be so,' is the only [position] a Christian can take . . . ."
(2) "If [scientific] conclusions contradict the Word of God, the conclusions are wrong, no matter how many scientific facts may appear to back them."
(3) "Christians must disregard [scientific hypotheses or theories] that contradict the Bible."
Good job!
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