High Times / High Crimes - Have You Been Ripped-Off?

[H.T.ClassAction]

New / Old Rip-Off ...

New / Old Rip-Off ...

We just found yet another High Times Rip Off.

From a book they published in 1978.

http://www.amazon.com/High-Times-En...high+times+encyclopedia+of+recreational+drugs


Even though the image we found was in Black & White in the online sample, we recognized the background.

Sure, enough, a quick search of the archives produced the original l 4 x 5 transparency.

The dirt-bags had scanned the image when we'd submitted several for consideration, and never bothered to tell us.

 

[CosmicGiggle]

I'm curious if you've shown the original signed contract to a lawyer to evaluate for any legal loopholes that HT could be using.

It just seems strange that HT would risk legal action over some very ordinary, generic pics of pot leaves/buds when they could easily hire their own photographer to take the same pics or better.

HT must have something up their sleeves if they're not paying you off.

 

[H.T.ClassAction]

It just seems strange that HT would risk legal action over some very ordinary, generic pics of pot leaves/buds when they could easily hire their own photographer to take the same pics or better.
.

Actually, they are not ordinary or generic leaves & buds.

For their time, they were state of the art, and not easily found.

The "hands & hash" shot was taken only a few miles from the Chinese border, in an area that even 40 years ago was a risky venture. In today's world, trying to replicate that shot would be suicidal. One legal measure of a photo's value is the ease, or not, or replicating it. Would you try to go there and get that photo?


High Times, their editor ( now retired ), and their in-house attorney, were sent copies of our contracts over a year ago.

They don't care, or at least they didn't care, ... as long as the majority stockholder was an attorney who knew that he could get away a lot just by being a shit. ( The magazine was run on a shoestring, but he & his wife had three houses, including an apartment on Central Park South. )

Glad to say, he's now a dead shit, and will likely remain one.

( H.T. recently engaged two other law firms, ... we've heard from one of them. )

The last case we're aware of, when H.T. settled a lawsuit, they demanded a confidentiality clause, and even then, after agreeing to a settlement through arbitration, they refused to pay until a N.Y. attorney seized their bank account and almost put them out of business. ( The person who brought the suit had to sign the agreement, but their attorney was not bound by it, and has spilled the beans. )

High Times was given every opportunity to do the right thing, and pay us both the going rate, but they stonewalled at every turn, insulted us, and lied to us. Those initial numbers are but a tiny fraction of what they now have at risk.

Merely dragging them into a Federal civil procedure is no longer our first priority.

Whether or not we gather additional plaintiffs, criminal charges will come first.

The case will go to the 3 Federal agencies who prosecute Intellectual Property crimes.

Justice Department guidelines for these cases are, conveniently, available online.

We'll be making our case fit as many of the principle criteria as possible.

A civil case can always be brought, but we want more than just the money.

It's important that an institution like H.T. is never allowed to flaunt it's hypocrisy, and trample the values and spirit of our generation. They must finally be brought to account for their disgraceful betrayal.

Given the number of offenses, the pattern of conduct over a long period, the international nature of the offenses, and most importantly, the deliberate nature of their actions, High Times could easily be a candidate for a R.I.C.O. probe.

There can be no question of intent ... the credits, copyright notices, and a trademark were staring them in the face when they cropped them out. The designers were probably instructed by H.T. to ignore the notices, and now all of them will be made to pay the price. ( In addition to I.P. crimes, we'll also allege Fraud and Conspiracy. )

As we posted at the top of the thread:

"To Live Outside The Law, You Must Be Honest."

Bob Dylan

 

[CosmicGiggle]

"trample the values and spirit of our generation. They must finally be brought to account for their disgraceful betrayal."

So you want to ruin High Times to teach them a lesson 'cause yer pissed that they destroyed an idea from your idealistic youth that you valued that turned out to be just an illusion anyhow?

If you're disillusioned now wait until legalization.

 

[H.T.ClassAction]

So you want to ruin High Times to teach them a lesson 'cause yer pissed that they destroyed an idea from your idealistic youth that you valued that turned out to be just an illusion anyhow?

If there is any "ruination" to be had, it won't be undeserved.

There are lessons to be learned, and that's a very big point here.

We both used state-of-the-art professional contracts, behaved in an ethical manner, and were severely screwed for our trouble.

Keep in mind that we would pay a heavy cost by doing nothing.

If we don't assert our rights, then either the images will become the property of H.T., or even worse, they could become "public domain". Neither of those are acceptable outcomes.

One criteria used in making prosecutorial charging decisions against businesses and corporations engaged in Intellectual Property crimes is the potential for having a deterrent effect.

Given that the editor and publisher of H.T. at that time, the now retired Ms. Mary C. McEvoy, was an officer of a national publishing industry organization, she certainly should have known better. Bringing her up on charges would be a warning, certain to be noticed by other publishers.

 

[CosmicGiggle]

Well good luck with your case, I wish you the best!

 

[H.T.ClassAction]

We've Been Informed ...

We've Been Informed ...

We've had interesting feedback from a former H.T. staffer.

They provided us with information that we hadn't known previously.

Evidently, the "Encyclopedia of Recreational Drugs", published in 1978, had numerous problems.

( In addition to pilfering our image, to fill an entire page. )

The book had so many other Copyright "issues", that it was withdrawn from circulation, and all the unsold copies destroyed.

Used copies are still advertised online, as are several digitalized and downloadable versions.

One of the color images from its' cover was used again by H.T. to pimp the recent "40 Years" book.

We'll be contacting the photographer, and letting him know.

The statute of limitations has another 4 years to run.

He might have a case as well ... .

 

[Mikell]

Excellent work my friend. This industry is rife with low lifes. Actions like this will help clean up and legitimize the game.

Maybe you can sue a few nutrient companies next? Remo, Diablo, AN come to mind. I can't figure out if they spend more money paying consultants to build a line or the marketer for their greasy ass labels.

One can dream.

 

[944s2]

Excellent work my friend. This industry is rife with low lifes. Actions like this will help clean up and legitimize the game.

Maybe you can sue a few nutrient companies next? Remo, Diablo, AN come to mind. I can't figure out if they spend more money paying consultants to build a line or the marketer for their greasy ass labels.

One can dream.

as mikell says above,,
very best of luck ,,
i hope its a positive outcome for you all,
peace and regards,,,,s2

 

[Genghis Kush]

.

 

[stoned-trout]

Excellent work my friend. This industry is rife with low lifes. Actions like this will help clean up and legitimize the game.

Maybe you can sue a few nutrient companies next? Remo, Diablo, AN come to mind. I can't figure out if they spend more money paying consultants to build a line or the marketer for their greasy ass labels.

One can dream.

lol...yeehaw

 

[huligun]

At one time HT was the best thing to happen to cannabis users. It even offered a ray of hope for the possibilities of legalization.

Seeing all those buds, when many Americans at the time seen only compressed brick weed from Mexico. It raised the bar for the consumer and taught a lot of people a lot. The first many ever heard of growing indoors, for instance, may have been because of HT. Metal Halide Lights were discussed and sold through HT.

I does not surprise me that they stole the intellectual property of others.

It has been long rumored that HT was paid for preferential treatment in their cups. The winning of a cup can shift so many economic dynamics that it is really quite criminal.

Stealing an image from someone too stoned to know, too afraid to complain or even possibly dead is nothing compared to cheating on the cups. And.... Every publication knows exactly what to do to clear up copyrights. It is a HUGE part of the publishing business.

Too bad they have to cease to be, but they really are insignificant now.

 

[H.T.ClassAction]

In Plain Sight ...

In Plain Sight ...

A few days ago, we began to search for additional infractions in the High Times "40 Year" book.

If they ripped two old-timers off, they probably ripped off other folks while they were at it.

We weren't disappointed.

There were photos from the Black Star photo agency, and one from AP ( Associated Press ).

Several other violations were identified as well, and additional copyright holders have expressed interest in joining the suit.

Here's one example: A photo taken at Woodstock 99'.

A screen shot of the Huffington Post shows it, with the proper credit at the lower Left.

The other photo shows it in the High Times book, severely cropped, and tilted, but run full-page, without credit, and the "copyright management information" cropped-out.

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[/IMG]

 

[H.T.ClassAction]

Can't get the images loaded properly ... crap .... .

Really pisses us off.

Don't want to have an "album".

Just want to download what's needed, when it's needed.

 

[H.T.ClassAction]

Those Who Bear Responsibility ...

Those Who Bear Responsibility ...

As part of our research, prior to filing suit, we've come upon a video showing two of the people primarily responsible for the Copyright and Trademark violations.

Theirs are the only names listed on the credit page of the book:

Mr. Dante ( Hong ) Carlos, and Ms. River ( N.) Jukes-Hudson

https://vimeo.com/128212184

Take a good look ... we certainly did ... .

They are both currently teaching at the Art Center School of Design in Pasadena, California. We can only guess at what sort of ethical standards they're spreading to their students.

Another responsible party can be seen on these pages:

http://www.necann.com/2016-n-e-cannabis-convention-featured-speakers/

http://www.necann.com/wp-content/uploads/2015/05/Mary-C.-McEvoy.jpg

The large photo shows Mary C. McEvoy, who was both editor in chief, and the publisher of High Times, when that "40 Years" book was produced.

Take a good look. She supposedly has moved from New Jersey to Maine, though we have yet to track her down there.

If anyone happens to know, or can find out, the current home addresses for any of these people, it would certainly be helpful.

( It would save us the expense of process servers and/or skip-tracers. )

Searching for the assets of Michael J. Kennedy has also been productive. We intend to "pierce the corporate veil", and sue his estate because he stashed a lot of money in property, and it can't be readily disposed of, or hidden away.

Kennedy owned three apartments at 150 Central Park South, in Manhattan, on the 8th, 12th, and 23rd floors. Alone, they are worth at least $3,350,000. Kennedy also had a Summer place in the small enclave of Wainscott, NY, ( sandwiched between the tony towns of Bridgehampton and East Hampton ). During the Winter, he relaxed at his house in West Palm Beach.

We'll continue to post updates as the process continues.

 

[944s2]

As part of our research, prior to filing suit, we've come upon a video showing two of the people primarily responsible for the Copyright and Trademark violations.

Theirs are the only names listed on the credit page of the book:

Mr. Dante ( Hong ) Carlos, and Ms. River ( N.) Jukes-Hudson

https://vimeo.com/128212184

Take a good look ... we certainly did ... .

They are both currently teaching at the Art Center School of Design in Pasadena, California. We can only guess at what sort of ethical standards they're spreading to their students.

Another responsible party can be seen on these pages:

http://www.necann.com/2016-n-e-cannabis-convention-featured-speakers/

http://www.necann.com/wp-content/uploads/2015/05/Mary-C.-McEvoy.jpg

The large photo shows Mary C. McEvoy, who was both editor in chief, and the publisher of High Times, when that "40 Years" book was produced.

Take a good look. She supposedly has moved from New Jersey to Maine, though we have yet to track her down there.

If anyone happens to know, or can find out, the current home addresses for any of these people, it would certainly be helpful.

( It would save us the expense of process servers and/or skip-tracers. )

Searching for the assets of Michael J. Kennedy has also been productive. We intend to "pierce the corporate veil", and sue his estate because he stashed a lot of money in property, and it can't be readily disposed of, or hidden away.

Kennedy owned three apartments at 150 Central Park South, in Manhattan, on the 8th, 12th, and 23rd floors. Alone, they are worth at least $3,350,000. Kennedy also had a Summer place in the small enclave of Wainscott, NY, ( sandwiched between the tony towns of Bridgehampton and East Hampton ). During the Winter, he relaxed at his house in West Palm Beach.

We'll continue to post updates as the process continues.

Hey op..
just a thought but those three apartments with that address i imagine will come to a much greater sum then $3,350,000,,,,
i live in NE London and a recent look at apartment prices in our area when compared to New York are "planets" apart,,
my guess would be at least double the valuation you wrote above!,,,prolly much more with those views!,,,,
very best of luck,,944s2

 

[kakaman]

High Times should be in an episode of "I love the 90's"

 

[H.T.ClassAction]

Hey op..
just a thought but those three apartments with that address i imagine will come to a much greater sum then $3,350,000,,,,
i live in NE London and a recent look at apartment prices in our area when compared to New York are "planets" apart,,
my guess would be at least double the valuation you wrote above!,,,prolly much more with those views!,,,,
very best of luck,,944s2

At one time, those units were more expensive. We based our numbers on the current figures found on the "Zillow" real estate site.

When units are pulled up, there's also a chart showing the changes in value over periods of one, five, and ten years.

( Not certain how often the numbers are re-computed. )

There has, however, been a big rush into US Treasury bonds since the Brexit vote. Whether that will translate into significantly higher RE values in Manhattan is unknown.

One factor weighing against it are new rules in NY that make it harder for anonymous "shell companies" to purchase properties. The legislation was prompted by a NY Times investigative series that blew the whistle on how the shell company scam works. It's that kind of sale, to oligarchs, dictators, corrupt officials, and criminals, that ran up the price of London's modern housing stock. In NYC, that horse has long since left the barn.

Another factor to consider is the number of apartments in NYC that are cooperatives. You can't just buy one of them. There's a vetting process, and many of the co-op boards are very, very, particular about who they want as neighbors. Some of them, for instance, refuse to allow any show-business performers, no matter how wealthy. They also demand financial reports, resumes', and a personal appearance to be grilled by members of the board. One notorious co-op building was known to conduct all interviews with prospective buyers entirely in French!

( And you thought the English class system was rigid! )

Thanks for the good wishes.

It's a long road we're on.

 

[St. Phatty]

Did Hight Times change significantly in character along the way ?


I notice that happened with some banks. HSBC Canada was real accommodating to American customers, in the 00's.

But around 2010, the US government started up with some serious capital controls. FATCA, the law is called.

HSBC and a lot of other banks started treating their American customers as if they had leprosy.


OK kind of went off on a tangent there, but I thought maybe their was some interesting historical change at High Times.

Something associated with their Kleptomania Quotient going sky-high, from the sound of it.


I been reading that magazine for 40 years ... though not much the last 10.

If I had to guess, the Beautiful Bud Pic was a High Times practice that is also part of the history of IC Mag. Gypsy simply out-bud-pic'ed High Times.

 

[H.T.ClassAction]

There's no question that High Times has gone through many changes.

Back in the day, the mid 70's, it was groundbreaking journalism.

The founder "Tom Forcade" and the art director, Toni Brown, were solid.

Our involvement, the first reefer cover and several center-spreads, lasted from 1976 - 1985, and several administrations.

The founders widow attempted a "healthy lifestyle" makeover that didn't sell at all.

Shortly thereafter, the founders attorney, Kennedy, bought her out and became the biggest stockholder.

The story from there is well documented in articles posted elsewhere online.

After the first few years, newsstand and subscription sales of the the magazine was a break-even affair, done as cheaply as possible, while the real money came through the Cannabis Cups that required large purchases of advertising in H.T. in order to participate as a glass, grow-tech, or seed business.

From what we've seen for the last few decades, H.T. has devolved into a low-rent stoner version of "Senior Scholastic". The articles are written at a 10th grade level, or worse. They use the word "medicine" as a fetish, ( like guitar magazines rhapsodize about "tone" ). Constant coverage of half-assed tattooed goons spewing metal-grunge-rap-crap does nothing to further the cause of intellectual discourse, much less help the cause of legalization. They play to the very lowest common denominator, not much different from the supermarket tabloids ... a glossy, hyped-up, fantasyland for dropout dopers living in their parents basement.

Be that as it may, since the 2nd editorial stint by Steve Hager, the flashes of sanity at H.T. have been few and far between. Even the current attempt to go "mainstream" and "expand the brand" might be too little, too late. The old shark might be eaten by several smaller sharks.

Hopefully, that won't happen before we get our piece of their hide.