Showing posts with label 1920s. Show all posts
Showing posts with label 1920s. Show all posts

Thursday, 28 May 2026

1922: The Laws of God, The Laws of Man by A.E. Housman

 

Black and white photo depicting A.E. Housman in deep thought.

The laws of God, the laws of man,
He may keep that will and can;
Not I: let God and man decree
Laws for themselves and not for me;
And if my ways are not as theirs
Let them mind their own affairs.
Their deeds I judge and much condemn,
Yet when did I make laws for them?
Please yourselves, say I, and they
Need only look the other way.
But no, they will not; they must still
Wrest their neighbor to their will,
And make me dance as they desire
With jail and gallows and hell-fire.
And how am I to face the odds
Of man’s bedevilment and God’s?
I, a stranger and afraid
In a world I never made.
They will be master, right or wrong;
Though both are foolish, both are strong.
And since, my soul, we cannot fly
To Saturn nor to Mercury,
Keep we must, if keep we can,
These foreign laws of God and man.

 

First published in the 1922 collection Lost Poems.  

Friday, 20 February 2026

1921: Articles in The Times exposing the fraud of the Protocols of the Elders of Zion

 

You know originally when I concieved of creating this blog I thought the politics would be relegated to criticising IP restrictions and the odd "blast from the past" style of commentary. Didn't pan out that way. This week on social media I was reminded of a terrible piece of conspiracist material that refuses to die. The Protocols of the Elders of Zion, which is arguably the most sucessful and pernicious piece of bigoted propaganda to have existed in the world. And it sunk its roots deep decades before smart phones and global connections. 

If you're not familiar with that text then congratulations, though I have some bad news for you, since you have internet access you will almost certainly have been exposed to some of its arguments in some form or other. The Protocols is a piece of antisemitic fiction, to be more specific it claims there is a secret conspiracy of Jewish plotters seeking to subvert and conquer the world. It is not the originator of that subgenre of antisemitic litreture, in fact it plagiarised an older work, but it spread wild fire once it receive a public release. 

Since its debut its ideas have never gone away, the text has been translated into over a hundred languages and is regularly reprinting in many parts of the world. In the United States Henry Ford (yes the car man) serialised it in his newspapers.  What cause me concern was a post by a history teacher detailing how her students told her they had seen its ideas on tiktok and other internet platforms. 

This work by the Okhrana, the secret police force of the Russian Empire has outlived the Tsar's and the Soviet Union, and will almost certainly outlive us all. Despite repeated challenges including an expert exposing of it in the The Times newspaper as far back as 1921, this weed continues to sprout. I know republishing that expose here won't be the final nail in its coffin, but like Tolstoy I find it difficult to remain silent. Plus it is public domain and an excellent example of old school journalistic investigations.

 

 

PREFACE.


The so-called "Protocols of the Elders of Sion" were published in London in 1920 under the title of "The Jewish Peril."

This book is a translation of a book published in Russia, in 1905, by Sergei Nilus, a Government official, who professed to have received from a friend a copy of a summary of the minutes of a secret meeting, held in Paris by a Jewish organization that was plotting to overthrow civilization in order to establish a Jewish world state.

These "Protocols" attracted little attention until after the Russian Revolution of 1917, when the appearance of the Bolshevists, among whom were many Jews professing and practising political doctrines that in some points resembled those advocated in the "Protocols," led many to believe that Nilus's alleged discovery was genuine. The "Protocols" were widely discussed and translated into several European languages. Their authenticity has been frequently attacked and many arguments have been adduced for the theory that they are a forgery.

In the following three articles the Constantinople Correspondent of The Times presents for the first time conclusive proof that the document is in the main a clumsy plagiarism. He has forwarded to The Times a copy of the French book from which the plagiarism is made. The British Museum has a complete copy of the book, which is entitled "Dialogue aux Enfers entre Machiavel et Montesquieu, ou la Politique de Machiavel au XIX. Siècle. Par un Contemporain," and was published at Brussels in 1865. Shortly after its publication the author, Maurice Joly, a Paris lawyer and publicist, was arrested by the police of Napoleon III. and sentenced to 15 months' imprisonment.

I.—A LITERARY FORGERY.


"There is one thing about Constantinople that is worth your while to remember," said a diplomatist to the writer in 1908. "If you only stay here long enough you will meet many men who matter, and you may find the key to many strange secrets." Yet I must confess that when the discovery which is the theme of these articles was communicated to me I was at first incredulous. Mr. X., who brought me the evidence, was convinced. "Read this book through," he said, "and you will find irrefutable proof that the 'Protocols of the Learned Elders of Sion' is a plagiarism."

Mr. X., who does not wish his real name to be known, is a Russian landowner with English connexions. Orthodox by religion, he is in political opinion a Constitutional Monarchist. He came here as a refugee after the final failure of the White cause in South Russia. He had long been interested in the Jewish question as far as it concerned Russia, had studied the "Protocols," and during the period of Denikin's ascendancy had made investigations with the object of discovering whether any occult "Masonic" organization, such as the "Protocols" speak of, existed in Southern Russia. The only such organization was a Monarchist one. The discovery of the key to the problem of the "Protocols" came to him by chance.

A few months ago he bought a number of old books from a former officer of the "Okhrana" (Political Police) who had fled to Constantinople. Among these books was a small volume in French, lacking the title-page, with dimensions of 5½in. by 3¾in. It had been cheaply rebound. On the leather back is printed in Latin capitals the word Joli. The preface, entitled "Simple avertissement," is dated Geneva, October 15, 1864. The book contains 324 pages, of which numbers 315–322 inclusive follow page 24 in the only copy known to Mr. X, perhaps owing to a mistake when the book was rebound. Both the paper and the type are characteristic of the "sixties and seventies" of the last century. These details are given in the hope that they may lead to the discovery of the title of the book [See Preface]. Mr. X. believes it must be rare, since, had it not been so, the "Protocols" would have speedily been recognized as a plagiarism by anyone who had read the original.

That the latter is a "fake" could not be maintained for an instant by anyone who had seen it. Its original possessor, the old Okhrana officer, did not remember where he obtained it, and attached no importance to it. Mr. X, glancing at it one day, was struck by a resemblance between a passage which had caught his eye and a phrase in the French edition of the "Protocols" (Edition de la Vieille France, 1920, 5, Rue du Préaux-Clercs, 5, Paris 7th Arrondissement). He followed up the clue, and soon realized that the "Protocols" were to a very large extent as much a paraphrase of the Geneva original as the published version of a War Office or Foreign Office telegram is a paraphrase of the ciphered original.

Before receiving the book from Mr. X, I was, as I have said, incredulous. I did not believe that Sergei Nilus's "Protocols" were authentic; they explained too much by the theory of a vast Jewish conspiracy. Professor Nilus's account of how they were obtained was too melodramatic to be credible, and it was hard to believe that real "Learned Elders of Sion" would not have produced a more intelligent political scheme than the crude and theatrical subtilties of the Protocols. But I could not have believed, had I not seen, that the writer who supplied Nilus with his originals was a careless and shameless plagiarist.

The Geneva book is a very thinly-veiled attack on the despotism of Napoleon III. in the form of a series of 25 dialogues divided into four parts. The speakers are Montesquieu and Machiavelli. In the brief preface to his book the anonymous author points out that it contains passages which are applicable to all Governments, "but it particularly personifies a political system which has not varied in its application for a single day since the fatal and alas! too distant date when it was enthroned." Its references to the "Haussmannisation" of Paris, to the repressive measures and policy of the French Emperor, to his wasteful financial system, to his foreign wars, to his use of secret societies in his foreign policy (cf., his notorious relations with the Carbonari) and his suppression of them in France, to his relations with the Vatican, and to his control of the Press are unmistakable.

The Geneva book, or as it will henceforth be called the Geneva Dialogues, opens with the meeting of the spirits of Montesquieu and Machiavelli on a desolate beach in the world of shades. After a lengthy exchange of civilities Montesquieu asks Machiavelli to explain why from an ardent Republican he had become the author of "The Prince" and "the founder of that sombre school of thought which has made all crowned heads your disciples, but which is well fitted to justify the worst crimes of tyranny." Machiavelli replies that he is a realist and proceeds to justify the teaching of "The Prince," and to explain its applicability to the Western European States of 1864.

In the first six "Geneva Dialogues" Montesquieu is given a chance of argument of which he avails himself. In the seventh dialogue, which corresponds to the fifth, sixth, seventh, and part of the eighth "Protocols," he gives Machiavelli permission to describe at length how he would solve the problem of stabilizing political societies "incessantly disturbed by the spirit of anarchy and revolution." Henceforth Machiavelli or in reality Napoleon III., speaking through Machiavelli, has the lion's share of the dialogue. Montesquieu's contributions thereto become more and more exclamatory; he is profoundly shocked by Machiavelli-Napoleon's defence of an able and ruthless dictatorship, but his counter-arguments grow briefer and weaker. At times, indeed, the author of "L'Esprit des Lois" is made to cut as poor a figure as—parvum componere magno—does Dr. Watson when he attempts to talk criminology to Sherlock Holmes.

The "Protocols" follow almost the same order as the Dialogues. Dialogues 1-17 generally correspond with "Protocols" 1-19. There are a few exceptions to this. One is in the 18th "Protocol," where, together with paraphrases of passages from the 17th Dialogue ("Geneva Dialogues," pp. 216, 217), there is an echo of a passage in the 25th "Geneva Dialogue," viz.: "Quand le malheureux est opprimé il dit 'Si le Roi le savait'; Quand on veut se venger, qu'on espère un secours, on dit 'le Roi le saura.'" This appears on page 68 of the English edition of the "Protocols" (4th Edition, published by "The Britons," 62, Oxford-street, London, W.) as "In order to exist, the prestige of power must occupy such a position that the people can say among themselves, 'If only the King knew about it,' or 'When the King knows about it.'"

The last five "Protocols" (Nos. 20-24 inclusive) do not contain so many paraphrases of the "Geneva Dialogues" as the first 19. Some of their resemblances and paraphrases are, however, very striking, e.g., the following:—

A loan is an issue of Government paper which entails an obligation to pay interest amounting to a percentage of the total sum of the borrowed money. If a loan is at 5 per cent., then in 20 years the Government will have unnecessarily paid out a sum equal to that of the loan in order to cover the percentage. In 40 years it will have paid twice, and in 60 thrice that amount, but the loan will still remain as an unpaid debt.—"Protocols," p. 77.

Montesquieu.—"How are loans made? By the issue of bonds entailing on the Government the obligation to pay interest proportionate to the capital it has been paid. Thus, if a loan is at 5 per cent., the State, after 20 years, has paid out a sum equal to the borrowed capital. When 40 years have expired it has paid double, after 60 years triple: yet it remains debtor for the entire capital sum."—"Geneva Dialogues," p. 250.

But generally speaking "Protocols" 20 and 21, which deal (somewhat unconvincingly) with the financial programme of the Learned Elders, owe less to the "Geneva Dialogues," Nos. 18-21, than to the imagination of the plagiarist author who had for once in a way to show a little originality. This is natural enough since the "Dialogues" in question describe the actual financial policy of the French Imperial Government, while the "Protocols" deal with the future. Again in the last four "Geneva Dialogues" Machiavelli's apotheosis of the Second Empire, being based upon historical facts which took place between 1852 and 1864, obviously furnished scanty material for the plagiarist who wished to prove or, very possibly, had been ordered to prove in the "Protocols" that the ultimate aim of the leaders of Jewry was to give the world a ruler sprung from the House of David.

The scores of parallels between the two books and a theory concerning the methods of the plagiarist and the reasons for the publication of the "Protocols" in 1905 will be the subject of further articles. Meanwhile it is amusing to find that the only subject with which the "Protocols" deal on lines quite contrary to those followed by Machiavelli in the "Dialogues" is the private life of the Sovereign. The last words of the "Protocols" are "Our Sovereign must be irreproachable." The Elders evidently propose to keep the King of Israel in good order. The historical Machiavelli was, we know, rather a scandalous old gentleman, and his shade insists that amorous adventures, so far from injuring a Sovereign's reputation, make him an object of interest and sympathy to "the fairest half of his subjects."

II. PLAGIARISM AT WORK.

While the Geneva Dialogues open with an exchange of compliments between Montesquieu and Machiavelli, which covers seven pages, the author of the Protocols plunges at once in medias res.

One can imagine him hastily turning over those first seven pages of the book which he has been ordered to paraphrase against time, and angrily ejaculating, "Nothing here." But on page 8 of the Dialogues he finds what he wants; the greater part of this page and the next are promptly paraphrased, thus:—


Geneva Dialogues, p. 8. Protocols, p. 1 ("The Britons" edition).
Among mankind the evil instinct is mightier than the good. Man is more drawn to evil than to good. Pear and Force have more empire over him than reason. . . . Every man aims at domination; not one but would be an oppressor if he could; all or almost all are ready to sacrifice the rights of others to their own interests. . . . It must be noted that people with corrupt instincts are more numerous than those of noble instinct. Therefore in governing the world the best results are obtained by means of violence and intimidation, and not by academic discussions. Every man aims at power; every one would like to become a dictator if he only could do so, and rare indeed are the men who would not be disposed to sacrifice the welfare of others in order to attain their own personal aims.
What restrains those beasts of prey which they call men from attacking one another? Brute unrestrained Force in the first stages of social life, then the Law, that is still force regulated by forms. You have consulted all historic sources; everywhere might precedes right. Political Liberty is merely a relative idea. . . . What restrained the wild beasts of prey which we call men? What has ruled them up to now? In the first stages of social life they submitted to brute and blind force, then to law, which in reality is the same force, only masked. From this I am led to deduct that by the law of nature right lies in might. Political freedom is not a fact but an idea.
The gift of liberty according to the Machiavelli of the Geneva Dialogues, of self-government according to the Protocols (page 2), leads speedily to civil and social strife, and the State is soon ruined by internal convulsions or by foreign intervention following on the heels of civil war. Then follows a singular parallel between the two books which deserves quotation:—
Geneva Dialogues, p. 9. Protocols, p. 2.
What arms will they (States) employ in war against foreign enemies? Will the opposing generals communicate their plans of campaign to one another and thus be mutually in a position to defend themselves? Will they mutually ban night attacks, traps, ambushes, battles with inequality of force? Of course not; such combatants would court derision. Are you against the employment of these traps and tricks, of all the strategy indispensable to war against the enemy within, the revolutionary? . . . I would ask the question why is it not immoral for a State which has two enemies, one external and one internal, to use different means of defence against the former to that which it would use against the latter, to make secret plans of defence, to attack him by night or with superior forces ? . . .


Both "Machiavelli" and the author of the Protocols agree (Prot. p. 3, Genova Dialogues, p. 11) almost in the same words that politics have nothing in common with morality. Right is described in the Protocols as "an abstract idea established by nothing," in the Dialogues as an "infinitely vague" expression. The end, say both, justifies the means. "I pay less attention," says Machiavelli, "to what is good and moral than to what is useful and necessary." The Protocols (p. 4) use the same formula, substituting "profitable" for "useful." According to the Protocols he who would rule "must have recourse to cunningness (sic) and hypocrisy." In the second Dialogue (p. 15) Montesquieu reproaches Machiavelli for having "only two words to repeat—'Force' and 'guile.'" Both Machiavelli and the "Elders" of the Protocols preach despotism as the sole safeguard against anarchy. In the Protocols this despotism has to be Jewish and hereditary. Machiavelli's despotism is obviously Napoleonic.

There are scores of other parallels between the books. Fully 50 paragraphs in the Protocols are simply paraphrases of passages in the Dialogues. The quotation per me reges regnant, rightly given in the Vieille France edition of the Protocols (p. 29), while regunt is substituted for regnant in the English version (p. 20), appears on p. 63 of the Geneva Dialogues. Sulla, whom the English version of the Protocols insists on calling "Silla," appears in both books.

After covering Italy with blood, Sulla reappeared as a simple citizen in Borne: no one durst touch a hair of his head. Geneva Dialogues, p. 159.

Remember at the time when Italy was streaming with blood, she did not touch a hair of Silla's head, and he was the man who made her blood pour out. Protocols, p. 51.

Sulla, who after the proscriptions stalked "in savage grandeur home," is one of the tyrants whom every schoolboy knows and those who believe that Elders of the 33rd Degree are responsible for the Protocols, may say that this is a mere coincidence. But what about the exotic Vishnu, the hundred-armed Hindu deity who appears twice in each book? The following passages never were examples of "unconscious plagiarism."

Geneva Dialogues, p. 141:—

Machiavelli.—"Like the God Vishnu, my press will have a hundred arms, and these arms will give their hands to all the different shades of opinion throughout the country."

Protocols, p. 43:—

"These newspapers, like the Indian god Vishnu, will be possessed of hundreds of hands, each of which will be feeling the pulse of varying public opinion."

Geneva Dialogues, p. 207:—

Montesquieu.—"Now I understand the figure of the god Vishnu; you have a hundred like the Indian idol, and each of your fingers touches a spring."

Protocols, p. 65:—

"Our Government will resemble the Hindu god Vishnu. Each of our hundred hands will hold one spring of the social machinery of State."

Taxation of the Press.

The Dialogues and the Protocols alike devote special attention to the Press, and their schemes for the muzzling and control thereof are almost identical—absolutely identical, indeed, in many details. Thus Machiavelli on pp. 135 and 136 of the Dialogues expounds the following ingenious scheme:—

"I shall extend the tax on newspapers to books, or rather I shall introduce a stamp duty on books having less than a certain number of pages. A book, for example, with less than 200 or 300 pages will not rank as a book, but as a brochure. I am sure you see the advantage of this scheme. On the one hand I thin (je rarifie) by taxation that cloud of short books which are the mere appendages of journalism; on the other I force those who wish to escape stamp duty to throw themselves into long and costly compositions, which will hardly ever be sold and scarcely read in such a form."

The Protocols, p. 41, has:—

"We will tax it (the book press) in the same manner as the newspaper Press—that is to say, by means of Excise stamps and deposits. But on books of less than 300 pages we will place a tax twice as heavy. These short books we will classify as pamphlets, which constitute the most virulent form of printed poison. These measures will also compel writers to publish such long works that they will be little read by the public and so chiefly on account of their high price."

Both have the same profound contempt for journalists.

Geneva Dialogues, pp. 145, 146:—

Machiavelli.—"You must know that journalism is a sort of Freemasonry; those who live by it are bound . . . to one another by the ties of professional discretion; like the augurs of old, they do not lightly divulge the secret of their oracles. They would gain nothing by betraying themselves, for they have mostly won more or less discreditable scars . . ."

Protocols, p. 44:—

"Already there exists in French journalism a system of Masonic understanding for giving counter-signs. All organs of the Press are tied by mutual professional secrets in the manner of the ancient oracles. Not one of its members will betray his knowledge of the secret, if the secret has not been ordered to be made public. No single publisher will have the courage to betray the secret entrusted to him, the reason being that not one of them is admitted into the literary world without bearing the marks of some shady act in his past life."

Contempt for the People.

But this contempt is nothing compared to that which both Machiavelli and the Elders evince towards the masses whom tyranny is to reduce to a more than Oriental servitude.

Geneva Dialogues, p. 43:—

Machiavelli.—"You do not know the unbounded meanness of the peoples . . . . grovelling before force, pitiless towards the weak, implacable to faults, indulgent to crimes, incapable of supporting the contradictions of a free régime, and patient to the point of martyrdom under the violence of an audacious despotism . . . giving themselves masters whom they pardon for deeds for the least of which they would have beheaded twenty constitutional kings."

Protocols, p. 15:—

"In their intense meanness the Christian peoples help our independence—when kneeling they crouch before power; when they are pitiless towards the weak; merciless in dealing with faults, and lenient to crimes; when they refuse to recognize the contradictions of freedom; when they are patient to the degree of martyrdom in bearing with the violence of an audacious despotism. At the hands of their present dictators, Premiers, and Ministers, they endure abuses for the smallest of which they would have murdered twenty kings."

Both the Elders and Machiavelli propose to make political crime thoroughly unpopular by assimilating the treatment of the political criminal to that of the felon. Both devote not a little attention to police organization and espionage; the creator of Machiavelli had evidently studied Napoleon III.'s police methods and suffered at the hands of his agents. Each proposes to exercise a severe control over the Bar and the Bench. As regards the Vatican, Machiavelli-Napoleon, with recent Italian history in mind, aims at the complete control of the Papacy. After inflaming popular hatred against the Church of Rome and its clergy, he will intervene to protect the Holy See, as Napoleon III. did intervene, when "the chassepôts worked wonders." The learned Elders propose to follow a similar plan "when the people in their rage throw themselves on to the Vatican we shall appear as its protectors in order to stop bloodshed." Ultimately, of course, they mean to destroy the Church. The terrible chiefs of a Pan-Judaic conspiracy could hardly have any other plan of campaign. Machiavelli, naturally, does not go so far. Enough for him if the Pope is safely lodged in the Napoleonic pocket.

Is it necessary to produce further proofs that the majority of the Protocols are simply paraphrases of the Geneva Dialogues, with wicked Hebrew Elders, and finally an Israelite world ruler in the place of Machiavelli-Napoleon III., and the brutish goyim (Gentiles) substituted for the fickle masses, "gripped in a vice by poverty, ridden by sensuality, devoured by ambition," whom Machiavelli intends to win?

III.—SOME CONCLUSIONS.


There is no evidence as to how the Geneva Dialogues reached Russia. The following theory may be suggested.

The Third Napoleon's secret police, many of whom were Corsicans, must have known the existence of the Dialogues and almost certainly obtained them from some of the many persons arrested on the charge of political conspiracy during the reign of Napoleon III. In the last two decades of the 19th century and in the early years of the 20th there were always a few Corsicans in the Palace Police of the Tsar, and in the Russian secret service. Combining courage with secretiveness, a high average of intelligence with fidelity to his chief, the Corsican makes a first-class secret agent or bodyguard. It is not improbable that Corsicans who had been in the service of Napoleon III., or who had had kinsmen in his secret service, brought the Geneva Dialogues to Russia, where some member of the Okhrana or some Court official obtained possession of them. But this is only a theory.

As to the Protocols, they were first published in 1905 at Tsarskoye Selo in the second edition of a book entitled "The Great Within the Small," the author of which was Professor Sergei Nilus. Professor Nilus has been described to the writer as a learned, pious, credulous Conservative, who combined much theological and some historical erudition with a singular lack of knowledge of the world. In January, 1917, Nilus, according to the introduction to the French version of the Protocols, published a book, entitled "It is Here, at Our Doors!!" in which he republished the Protocols. In this latter work, according to the French version, Professor Nilus stated that the manuscript of the Protocols was given him by Alexis Nicolaievich Sukhotin, a noble who afterwards became Vice-Governor of Stavropol.

According to the 1905 edition of the Protocols they were obtained by a woman who stole them from "one of the most influential and most highly initiated leaders of Freemasonry. The theft was accomplished at the close of the secret meeting of the 'initiated' in France, that nest of Jewish conspiracy." But in the epilogue to the English version of the Protocols Professor Nilus says, "My friend found them in the safes at the headquarters of the Society of Zion which are at present situated in France." According to the French version of the Protocols, Nilus in his book of 1917 states that the Protocols were notes of a plan submitted to the "Council of Elders" by Theodor Hertzl at the first Zionist Congress which was held at Basle, in August, 1897, and that Hertzl afterwards complained to the Zionist Committee of Action of the indiscreet publication of confidential information. The Protocols were signed by "Zionist representatives of the 33rd Degree" in Orient Freemasonry and were secretly removed from the complete file of the proceedings of the aforesaid Zionist Congress, which was hidden in the "Chief Zionist office, which is situated in French territory."

Such are Professor Nilus's rather contradictory accounts of the origin of the Protocols. Not a very convincing story! Theodor Hertzl is dead; Sukhotin is dead, and where are the signatures of the Zionist representatives of the 33rd Degree?

Turning to the text of the Protocols, and comparing it with that of the Geneva Dialogues, one is struck by the absence of any effort on the part of the plagiarist to conceal his plagiarisms. The paraphrasing has been very careless; parts of sentences, whole phrases at times, are identical: the development of the thought is the same; there has been no attempt worth mentioning to alter the order of the Geneva Dialogues. The plagiarist has introduced Darwin, Marx, and Nietzsche in one passage in order to be "up to date"; he has given a Jewish colour to "Machiavelli's" schemes for dictatorship, but he has utterly failed to conceal his indebtedness to the Geneva Dialogues. This gives the impression that the real writer of the Protocols, who does not seem to have had anything to do with Nilus and may have been some quite unimportant précis writer employed by the Court or by the Okhrana, was obliged to paraphrase tho original at short notice. A proof of Jewish conspiracy was required at once as a weapon for the Conservatives against the Liberal elements in Russia.

Mr. X, the discoverer of the plagiarism, informs me that the Protocols, shortly after their discovery in 1901, four years before their publication by Professor Nilus, served a subsidiary purpose, namely, the first defeat of Monsieur Philippe, a French hypnotist and thought-reader, who acquired considerable influence over the Tsar and the Tsaritsa at the beginning of the present century. The Court favourite was disliked by certain great personages, and incurred the natural jealousy of the monks, thaumaturgists, and similar adventurers who hoped to capture the Tsar through the Empress in their own interest, or in that of various cliques. Philippe was not a Jew, but it was easy to represent a Frenchman from "that nest of Jewish conspiracy" as a Zionist agent. Philippe fell from favour, to return to Russia and find himself once more in the Court's good graces at a later date.

But the principal importance of the Protocols was their use during the first Russian revolution. This revolution was supported by the Jewish element in Russia, notably by the Jewish Bund. The Okhrana organization knew this perfectly well; it had its Jewish and crypto-Jewish agents, one of whom afterwards assassinated M. Stolypin; it was in league with the powerful Conservative faction; with its allies it sought to gain the Tsar's ear. For many years before the Russian revolution of 1905-1906 there had been a tale of a secret council of Rabbis who plotted ceaselessly against the Orthodox. The publication of the Protocols in 1905 certainly came at an opportune moment for the Conservatives. It is said by some Russians that the manuscript of the Protocols was communicated to the Tsar early in 1905, and that its communication contributed to the fall of the Liberal Prince Sviatopolk-Mirski in that year and the subsequent strong reactionary movement. However that may be, the date and place of publication of Nilus's first edition of the Protocols are most significant now that we know that the originals which were given him were simply paraphrases.

The following conclusions are, therefore, forced upon any reader of the two books who has studied Nilus's account of the origin of the Protocols and has some acquaintance with Russian history in the years preceding the revolution of 1905-6:—

1. The Protocols are largely a paraphrase of the book here provisionally called the "Geneva Dialogues."

2. They were designed to foster the belief among Russian Conservatives, and especially in Court circles, that the prime cause of discontent among the politically minded elements in Russia was not the repressive policy of the bureaucracy, but a world-wide Jewish conspiracy. They thus served as a weapon against the Russian Liberals, who urged the Tsar to make certain, concessions to the intelligentsia.

3. The Protocols were paraphrased very hastily and carelessly.

4. Such portions of the Protocols as were not derived from the Geneva Dialogues were probably supplied by the Okhrana, which organization very possibly obtained them from the many Jews it employed to spy on their coreligionists.

So much for the Protocols. They have done harm not so much, in the writer's opinion, by arousing anti-Jewish feeling, which is older than the Protocols and will persist in all countries where there is a Jewish problem until that problem is solved; rather, they have done harm by persuading all sorts of mostly well-to-do people that every recent manifestation of discontent on the part of the poor is an unnatural phenomenon, a factitious agitation caused by a secret society of Jews.


Leading Article reprinted from

The Times

of August 18, 1921.


We publish to-day the last of the articles on the so-called "Protocols of the Elders of Zion," from our Constantinople Correspondent, who has effectively exposed a remarkable forgery. We have, of course, no political object in making this discovery known. On the general aspects of the Jewish problem our attitude is known to be impartial, and we have no intention of taking sides in those political controversies on this question which too frequently engender excessive passion and obscure its real character. In the interests of objective truth, however, it was of great importance that a legend like that so long connected with the "Protocols of the Elders of Zion" should be exposed at the earliest possible opportunity.

Briefly summarized, the facts of this curious historical incident are as follows. A Russian book, published in 1905 by an official named Sergei Nilus, contained a document described as "The Protocols of the Elders of Zion," and purported to be a summary of the proceedings of a secret meeting of a Jewish organization that was plotting in France to overthrow Gentile civilization and establish a Jewish world State. The document attracted little attention until after the Russian revolution in 1917, when the astounding collapse of a great country through the action of the Bolshevists and the presence of a large number of Jews in the Bolshevist ranks caused many to search for some simplified explanation of the catastrophe. The "Protocols" appeared to provide such an explanation, more particularly since the tactics of the Bolshevists in many respects resembled those advocated in the "Protocols." The book was translated into several European languages and made the basis for impassioned dissertations on an alleged Jewish world peril. There was a certain plausibility about this thesis that attracted many; but the authenticity of the "Protocols" was very vigorously called in question, and the whole matter was shrouded in doubt until our Correspondent made his remarkable discovery. A Russian in Constantinople, who had bought some books from an ex-officer of the Russian Secret Police, found among them one in which many passages struck him by their resemblance to the "Protocols." Our Correspondent, whose attention was called to the matter, found on examination that the "Protocols" consisted in the main of clumsy plagiarisms from this little French book, which he has forwarded to us. The book had no title-page, but we identified it in the British Museum as a political pamphlet directed against Napoleon III. and published in Brussels in 1865 by a French lawyer named Maurice Joly, and entitled "Dialogue aux Enfers entre Machiavel et Montesquieu." The book was published anonymously, but the author was immediately seized by Napoleon's police and sentenced to a term of imprisonment. A second edition was published in Brussels in 1868, with the author's name and a note on his imprisonment.

The author of the "Protocols" simply copied from the "Dialogues" a number of passages in which Machiavelli is made to enunciate the doctrines and tactics of despotism as they were at that time practised by Napoleon, and put them into the mouth of an imaginary Jewish Elder. There can be little doubt that the forgery was perpetrated by some member of the Russian Secret Police. Nilus, who may have acted in good faith, declared that the manuscript of the "Protocols" had been given him by an official named Alexander Sukhotin, who professed to have received it from a woman who had stolen it from an Elder of Zion. On the leather back of the copy of the "Dialogues" sent us by our Correspondent we notice the letters A.S., and, seeing that the book was bought from an ex-officer of the Secret Police, it seems possible that this copy belonged at one time to Sukhotin, and that it was the copy actually used in the compilation of the "Protocols." For many years there was a close connexion between the Russian and the French police, and one of the confiscated copies of Joly's book may easily have falled into the hands of a Russian agent—such as Rachkovsky, at one time head of the Russian Secret Police in Paris, to whom other and more clumsy forgeries have been traced—and may have inspired him to invent a weapon for use against Jewish revolutionaries. At any rate, the fact of the plagiarism has now been conclusively established, and the legend may be allowed to pass into oblivion. The historical interest of the discovery is considerable, though, as we have indicated, it does not, in our opinion, affect the Jewish problem, which happily, in this country, cannot be said to exist in its Continental form.

Wednesday, 13 August 2025

1923: Is Your Neighbor a Kluxer? An anti KKK pamphlet

 

An image from the pamphlet, I can't make out the signature.

 I've found an interesting pamphlet denouncing the Ku Klux Klan (KKK) published by an organisation called the American Unity League (AUL). I haven't encountered the AUL before, wish I could say the same for the KKK, but what information I have found describes them as a group that supported immigrant communities and embraced a multicultural ideal for the United States. 

I'm publishing it here because I think it's important to remember that while the past is home to shocking levels of bigotry, there were also people actively challenging and fighting that hate. The future didn't become better by accident, that bigotries like chattel slavery and antisemitism are seen as taboo and disgusting attitudes of a regressive minority, thanks to the work of brave individuals and groups like the AUL.

This pamphlet exposed many of the secret rituals and organisational structures of the KKK and even included a list of names of members that they had exposed. The breaking of the KKK's secrets and membership made it extremely vulnerable to attacks and public ridicule, and as a result its membership haemorrhaged.  

At the time this pamphlet was produced, the KKK's "Invisible Empire" numbered in the millions and had chapters in many states beyond the deep south. At present the KKK is estimated to have a maximum strength of around 6,000, which is still too high in my opinion but does indicate how powerful and effective anti-Klan activity was in cutting out much of the rot that they represented.  

 Pamphlet source

Where The Names Come From

"WHERE do you get 'em?"

This is the question most frequently asked of TOLERANCE.   It refers to the names of Ku Kluxers which are published weekly.

The answer is that TOLERANCE gets them from the official records of the Ku Klux Klan.

When some individual has passed all of the preliminary investigations made by the Klan and has been found to be a "white, Gentile, native-born Protestant," he is favored with a questionnaire, a facsimile of which has been printed in TOLERANCE.

If he answers this questionnaire satisfactorily, he is solicited for $10 as a preliminary fee to admission to the Invisible Empire.   If he turns over the $10, he is given a receipt which acts as his pass to the "klonklave" which has been selected for his "naturalization."   He presents this receipt, takes the infamous Ku Klux oath, and becomes a subject of Imperial Emperor William Joseph Simmons.   Then his name is inscribed on the official role of the Klan.

TOLERANCE prints only names which are on this official roll.   It is prepared at any time, if the situation warrants the expense and trouble involved, to produce the original questionnaire and receipt.   It has done this in a number of instances, and will do it in any others when it is necessary.

There is one thing, however, on which readers of TOLERANCE and all for which it stands may rely.   This is that when any person is listed as a member of the Ku Klux Klan he is so listed on the official records of that organization.

TOLERANCE cannot afford to make mistakes, and TOLERANCE does not make mistakes.

TOLERANCE acts only when IT KNOWS.

***

The American Unity League

THE American Unity League is a non-sectarian, non-partisan organization of American citizens devoted to the preservation of religious, racial, and social liberty.

Its directorate and membership is composed of freedom-loving citizens from all races and from all religious affiliations.   It is not owned or controlled by any sect or organization, and it is not going to be.

TOLERANCE is the official publication of the American Unity League.   What TOLERANCE stands for, the American Unity League stands for.   Briefly, these principles are:

  • The right of any person to worship as he pleases.
  • The right of any person NOT to worship IF he pleases.
  • Racial equality in keeping with that principle as outlined in the Constitution of the United States.
  • Free speech, as guaranteed by the Constitution of the United States.
  • The abolition of the Ku Klux Klan and all similar organizations which preach or practice racial and religious discrimination.
  • The equality of all persons before the law.
  • Individual liberty in the exercise of rights which do not conflict with the welfare of the nation.
  • Complete separation of the public school and all religion.
  • Abolition of the system which has resulted in the domination of fanatical minorities.
  • Abolition of all censorship except that which is dictated by personal taste or voluntary affiliation with some body of censorship which makes no attempt to incorporate its principles in the law of the land.
  • Liberalism in thought and action in keeping with the principles of liberty of speech and action guaranteed by the Constitution.
  • Complete freedom of the press.

TOLERANCE regards the preservation of these principles as the only means by which the United States can be saved from the growing spirit of intolerance which has manifested itself in such organizations as the Ku Klux Klan.

It is directing its fight against the Ku Klux Klan at present because, from the Ku Klux Klan, comes the greatest present threat against religious, racial, and social liberty.   But it will continue long after the Ku Klux Klan has been sent back to the oblivion from which it was resurrected, to continue its battle against all organizations which strike at the right of American citizens to worship, to speak, to write, to work, and to vote as they please.

***

Puzzle? Nope a "Klavern"

The adjoining chart of a "Klavern" or Ku Klux headquarters is from the Kloran, the "sacred" book of the Ku Klux Klan, and was drawn by no less a hand than that of the re-discoverer of the order, William Joseph Simmons, now "Imperial Emperor" for life.  It is supposed not to be seen by "alien" eyes, but here it is anyhow.

 


TO His Majesty the Imperial Wizard, Emperor of the Invisible Empire, Knights of the Ku Klux Klan (Inc.):

I, the undersigned, a native born and loyal citizen of the United States of America, being a white male Gentile person of temperate habits, sound in mind, and a believer in the tenets of the Christian religion, the maintenance of White Supremacy, the practice of an honorable clanishness and the principles of a "pure Americanism," do voluntarily, most respectfully, seriously and unselfishly petition you for citizenship in the Invisible Empire, Knights of the Ku Klux Klan, and be a CHARTER MEMBER of a Klan to be located
at ________________. , State of  ________________.

I guarantee on my honor to conform strictly to all rules and requirements regulating my "naturalization" and the continuance of my membership, and at all times a strict and loyal obedience to your constitutional authority and the constitution and laws, and all regulations and usages of the fraternity.   The required "donation" accompanies this petition.

Signed —

Date ________________ , 192 __,        ________________________________ , Petitioner.


Endorser will sign on other side:

Residence Address ________________________________
Business Address   ________________________________
Occupation             ________________________________

NOTICE: Check the address to which mail may be sent.

 


 

TOLERANCE herewith reprints names of all Ku Kluxers in Chicago and the surrounding district which it published during the year 1922.

In a few cases where TOLERANCE has ascertained that persons have joined the "Empire" without realizing its true nature, have taken no active part in its program of persecution, and have sent in bona-fide resignations, the notation "Resigned" is made.

***

[The following is a sampling of names from Is Your Neighbor a Kluxer with additional information from research in the 1920 United States Census, Chicago, Cook County, Illinois, digital images, Ancestry.com.]


FREDERICK BRUCE AYRES, was listed on the 1922 KKK membership rolls as living at 6208 University Place, but we could not locate him in the 1920 census because there was more than one person in Chicago named Frederick Ayres.

CHARLES H. BADDELY was listed on the 1922 KKK membership rolls as living at 5522 South Park Ave.
    Charles Baddeley appears in the 1920 census as renting a home at 4308 Langly Ave.  He had a wife and three children, and he worked as a "traffic manager" at a publishing company.  We can place him in the working class according to the assigned category of homeownership, but it's hard to know how to assign him by occupation.

CASTON S. BAKER was in the 1922 KKK rolls as Kladd of the Woodlawn Klan (an officer responsible for prospective members and the Klan's property); he was living at 6200 S. Park Ave.
    A "Coston Baker" appears in the 1920 census on Indiana Ave, which according to the ward map is near Indiana Ave. He was married to Blanche Baker. He rented his home, which would make him working class. The census lists his occupation as auto trimmer (in a body shop), which would be a working-class job.

JOHN BAIRD was in the 1922 KKK rolls as living in 1018 N. Crawford Ave.
    He appears in the 1920 census at the same address. He was born in Wisconsin. He worked as a mechanic, which would be a relatively high paying working-class job that would have required some skills. He owned his own house, which would assign him to middle class status. He lived with his wife Bertha Baird, who was 32 years old, and his son John Baird, who was 2 years old.  He would have been middle class or upper working class.

HARRY H. BALDWIN was listed on the 1922 KKK membership rolls as living at 4838 Warner Ave.
    The 1920 census shows him living at the same address, in a house he owned.  At 47 years old, he was living with his wife and mother-in-law, and the family also had two lodgers. (His mother-in-law was an immigrant from France.) He was an office manager at a telephone company.  Based on his homeownership and occupation, we place him in the middle class.

ALLEN V. BALLANTINE was listed on the 1922 KKK rolls as living at 5311 Prairie Ave., but we were unable to locate him in the 1920 census.

RALPH W. BALLARD was listed on the 1922 KKK membership rolls as living at 4527 Oakenwald Ave.
    In 1920, he was 20 years old, living at the same address (along with his parents, two adult brothers, and his niece).  His mother was from New York and his father was from Indiana.  His brothers and niece were all from Vermont, and he was from Illinois. Also, his brothers had the last name of Lewis, so they must be half-siblings.  His parents rented their home.  His father, his brother, and he worked in the railroad industry as wage earners. He was an electrician, his father a commissary man, and his brother a mail handler. Based on the family's occupations and home ownership status, they appear to be working class.

HENRY F. BALTERMAN was listed on the 1922 KKK membership rolls as living at 4734 London Ave, and we were unable to locate him on the 1920 census.

CLARENCE J. BERKSHIRE was listed on the1922 KKK membership rolls as living at 756 Bowen Avenue.
    In 1920, a "Clarence Berkschire" was 29 years old, and he was living with his parents, wife, and children at a house on Woodlawn Avenue. His wife, Alma immigrated from Sweden to the United States in 1912, and his parents immigrated from England. Clarence worked as a clerk in the stockyard and earned a wage, the same as his father. Clarence seems to be a member of the middle class based on his occupation, but his living in a rented home suggests that he could be a member of the working class.

JOSEPH BERMING was listed on the1922 KKK membership rolls as living at 5041 Sunnyside Ave., but we were unable to locate him on the 1920 census.

ARTHUR A. BERNAHL was listed on the 1922 KKK membership rolls as living at 5314 Winthrop Ave.
    He appears in the 1920 census living several miles away at 3344 Marshfield Ave, a home that he rented. Aged 25 years old, he was a wage earner, working as a book clerk. He was not listed as having a wife or children.  His father was an immigrant from Germany. We classify him as middle class based on the assigned category of occupation, because his work used his knowledge rather than labor.

HAROLD  BERRY was  listed  on  the  1922  KKK  membership  rolls  as  living at 11347  Calumet Avenue.
    A Harold Berry appears in the 1920 census on Calumet Avenue, where he rented his house, though the census record has no indication of the house number. He was a yard master employed at a railroad company. He was 27 years old and had been born in New York around 1893. He had a wife named Grace Berry. According to the assigned categories of occupation and homeownership, he can be considered part of the working class.

CHESTER H. BIGELOW was listed on the 1922 KKK membership rolls as living at 155 N. Laramie Ave. 
    Two years earlier, the census listed him at the same address, where he owned his home (with a mortgage).  He had a job as a foreman in a rubber company, supporting a wife and daughter and providing a home to his aunt.  He was 26 years old and had been born in Illinois, with both of his parents having been born in Iowa.  His class status isn't clear – his occupation was working class, but his income was probably higher than other factory workers, and he was a homeowner.

RICHARD S. BLAISDELL was listed on the 1922 KKK membership rolls as living at 5619 Prairie Ave.
    A "Richard Blaisdell" appears on the 1920 census as living at 1605 Center Ave, Chicago Heights, a suburb of Chicago.  We are assuming that this is the same man who was later a KKK member in Chicago. He is listed as the head of the household, which consisted of himself, his wife, Elma, and their four children – two sons and two daughters. He was a wage worker and is listed on the census as an "all-around man" and laborer. At the time of the census, he was 35 years old. He rented his home. Based on this information, we classify Richard Blaisdell as a member of the working class, based on the assigned categories of home ownership and occupation.

ALBERT P. BLAKESLEE was listed on the 1922 KKK membership rolls as living at 5946 Indiana Avenue.
    He appears in the 1920 census at the same address, where he owned his house. He was a broker working at the Board of Trade. He was 58 years old and had been born in New York. He had a wife name Nellie Blakeslee, and two stepsons and a daughter, Arthur and  Sarah  A  Noble. Judging by the assigned categories of occupation and homeownership,  he  can  be considered middle class.

RUDOLPH V. BOBB was listed on the 1922 KKK membership rolls as the proprietor of Bobb's Market House that was at 1360 East 47th St.
    A Rudolph Bobb listed in the 1920 census was the "owner" of a grocery store, so he must be the same person.  He was not a young man – forty-five at the time of the census. He had a wife and three children, two boys and one girl.  They seem to be a middle-class family as he owned his home.

FRED J. BOLAND was listed on the 1922 KKK membership rolls as living at 4038 Adams St.
    In the 1920 census, a Fred J Boland lives on Kilbourne Ave., and his occupation is "service man" in the car industry. He was 29 and had a wife and two sons. (Another Fred Boland lived at 3848 Fillmore St., and he was a thirty-five-year-old blacksmith with a wife and four children.)

GEORGE FLOYD BRITTIAN was listed on the 1922 KKK membership rolls as living in 201 N. Karlov Ave.
    In the 1920 census, he was living at 210 North Keeler Avenue, which was just south of his residence in the 1922 rolls. He was born in Tennessee in 1886. His wife, Annie, was also born in Tennessee in 1887. They rented a house and had two daughters, named Ann E. and Juanita and both born in Illinois. George worked as an engineer and rented his house. He seems to be part of the working-class based on his occupation and not being a homeowner.

WILLIAM BROCKHOFF was in the 1922 KKK rolls as living on Irving Park Blvd., but we were unable to locate him in the 1920 census.  We found a Willmer Brockhoff, but he was not living near his 1922 address, so we have no way of knowing whether it was the same person.

JOHN BRONSON was listed on the 1922 KKK membership rolls as living at 2507 N. Mozart St.
    He shows up in the 1920 census at the same address, where he owned his home. He worked as a merchant. He was 46 years old and was born in Michigan. He had a wife and 2 daughters. Based on his occupation and homeownership, he seems to be middle class or even upper class.

ROYAL S. BROWN was listed on the 1922 KKK membership rolls as living at 4133 N. Kedvale Ave.
    He shows up in the 1920 census at the same address, where he rented his home. He worked as a mechanic. He was 24 years old and was born in Illinois.  He had a wife and two sons. Based on the assigned categories of homeownership and occupation, he seems to be working class.

LINDSEY CARR was listed in the 1922 KKK membership rolls as living at 5215 Kimbark Ave.
    He appears in the 1920 census at the same address, living with his mother, who rented the house.  He was 27 years old and single; he was  born in Illinois, but his mother's parents were born in Ireland. He was a record clerk for the railroad, and his brother was a stenographer, also for the railroad.  His class status is hard to identify.  His occupation suggests that he and his brother were middle class, though probably not well paid, but his mother's renting their home fits working-class assigned categories.

PETER E. CAVINESS was listed on the 1922 KKK membership rolls as living at 756 Bowen Avenue.
    The 1920 census shows him living at the same address, in the home that he rented, with his wife, mother-in-law, and father-in-law. In 1920 Peter was 27 years old, and he worked as a fireman for the railroad industry, where he worked for a wage. Peter's father-in-law worked as a conductor at the railroad, while his wife and mother-in-law were unemployed. Based on his job and status as a renter, we place him as part of the working class.

EDWARD C. ESAU was listed on the 1922 KKK membership rolls as living at 2401 Belmont Ave. and working at a soft drink parlor at same address.
    In 1920, he had been living one block over on Barry Street.  At 26, he and three adult brothers were still living with their parents in a rented home.  He and his brothers were all born in Illinois, but their parents were from Germany.  He was a wage earner then, working in a candy factory, but two of his brothers were unemployed, and his father was a contractor doing "job work." He seems to be working class, judging by the assigned categories of homeownership and occupation.  The information about his father and brothers suggests the household income may have been low as well.

OREN FLUETTE was listed on the 1922 KKK membership rolls as living at 358 E. 57th St.
    He appears in the 1920 census at the same address, where he rented his home.  He was a wage earner, working as a mail carrier.  He was 35 years old and had been born in Michigan, with both of his parents having also been born in Michigan.  He had a wife and a twelve-year-old son, whom he named Lincoln.  He seems to be working class, judging by the assigned categories of homeownership and occupation.

 

Sunday, 24 March 2024

Notes on a Mickey Mouse Poster

 

The news that Mickey Mouse is now in the public domain was greeted with jubilation and much gnashing of teeth from a certain boardroom. During the celebrations, many shared some of the posters that Disney produced to advertise its first sound cartoon, including the one you see above. Looks like a cheery innocent little fellow doesn't he. If only we'd realised sooner. 

This poster has sparked a mini controversy, because it's not a 100% clear whether this poster was produced and released in 1928 or early 1929, and it is in colour and Mickey is wearing gloves. Why that matters? Well, it shouldn't actually matter at all, but many people who misunderstand property laws and trademarks have worked themselves up over it. The idea goes if this poster is from 1928 the same year of Steamboat Willie's release then it and its design of the Mouse is public domain and free to use, if not then we'll have to wait another year to January 2025.

The problem here is that the question is irrelevant, to qualify for copyright status in the United States of America before 1988, a work must be released with a valid copyright notice and be registered at the copyright office. Do you see a copyright notice? I honestly can't and this is the cleanest high resolution version I've found. So, while the year of release would be of historical interest, it's irrelevant to the subject of ownership.

 Under the 1909 Act, federal statutory copyright protection attached to original works only when those works were 1) published and 2) had a notice of copyright affixed. Thus, state copyright law governed protection for unpublished works, but published works, whether containing a notice of copyright or not, were governed exclusively by federal law. If no notice of copyright was affixed to a work and the work was "published" in a legal sense, the 1909 Act provided no copyright protection and the work became part of the public domain. [https://en.wikipedia.org/wiki/Copyright_Act_of_1909]

You might be wondering why Disney even in the early days when Disney was still just a man forgot to protect this piece of his IP. He probably didn't forget, he just didn't bother, lots of American advertising and promotional material was released without bothering to register for copyright. Remember, the point of copyright terms was to provide long-term ownership of material and its business potential, promotional materials by design have a short shelf life. The poster at the centre of this mini controversy was run at some point between 1928-29, and then never again. Disney and Iwerks made more Mickey Mouse cartoons and other shorts.

 Here's a playlist of other adverts that fell into the public domain for the same reason.


Thursday, 29 February 2024

Popeye the Sailor Finally Sails to Freedom!

 

Countdown To Public Domain Day 2025

 

 Every New Year's Day is Public Domain day, when many works of art fall out of copyright. Last time the biggest news was Mickey Mouse, next January the United States welcomes Popeye to intellectual freedom. Popeye debuted in 1929 in the Thimble Theatre comics, and was the inspiration of E.C. Segar. Segar died in 1938 which means that Popeye has been public domain in the rest of the world for some years now. Though finally Americans get to join in the fun.


Of course, even in the United States a surprisingly large amount of Popeye material had fallen into the public domain before, including my personal favourite Popeye cartoon Popeye for President! (see above). But with his first appearance falling into the public domain in America, this will give fan artists and other creators freer reign to remix and incorporate him in their own works. 

I won't pretend Popeye is a favourite of mine, but he does hold a place in my heart. As a child, TV channels would play his public domain cartoons in the mornings, and as a son of a sailor I've had a soft spot for the guy and his squinty smile, he was certainly more relatable and less distant than Horatio Hornblower. And I do in fact enjoy me Spinach. Oh, and living in the UK we got to enjoy some perks of Segar's legacy, more on that below.

A fun fact about Popeye, his `Goil` Olive Oyl is already public domain in the USA too, she predates the sailor with a penchant for Spinach by one whole ten years. Olive Oyl was one of the original cast members when the strips were first run in 1919.

Scene from Thimble Theatre, 1925

Yanks will sadly have to wait two more years for the Hamburger mooching J. Wellington Wimpy "I'll gladly pay you Tuesday for a burger today", to fall into the public domain, as his first appearance was in 1931. Which makes sense, he is after all a reflection on the Great Depression.

Speaking depression Wimpy, in the UK there was once a popular burger restaurant chain named after Wimpy. That's right, Popeye as a brand was once so popular that a supporting character's name could shift burgers and build an international food company. The original Wimpy's were American, but its biggest markets were the UK, South Africa (during Apartheid) and Ireland. In fact, for a time Wimpy was so enmeshed in the UK economy that the Provisional IRA bombed one of their restaurants as part of their campaign to wreck the British economy and spread general panic. One bomb disposal officer was killed while trying to disarm the explosive.

I'm not old enough to remember its golden period, nor have I ever had a Wimpy burger, since I've never lived in a town where they still had their last remaining branches. But it is remembered by older people, who lament its loss when the restaurant is brought up in conversation. It was still around in a limited fashion when I was a lad though, I can remember seeing adverts on TV, and Popeye themed wind-up toys that were given away in its kids meals during a doomed attempt to survive competition with McDonald's, another fast food chain that has a history with the Provisional IRA now that I think about it. Looking back, I don't think naming a burger restaurant after a man named Wimpy and was famous for not actually paying for those burgers he snaffled was a great idea. But, then again, I'm no marketing genius.

Saturday, 13 January 2024

On Time and Being in the public domain

 

Pay special attention to the year 1929 listed at the bottom
 

Warning to enjoyers of classic media, I've noticed a dirty trick by several bad actors to keep older works under control of estates and corporate departments. In the United States of America, copyright still works differently than in most of the rest of the world. The year of release is the most important aspect for determining if a work is or is not still in copyright. As the year's tick by and more and more popular and well remembered (still able to generate profit) works fall into the public domain, I'm seeing what I guess can be called retroactive release date extensions. 

If you look at the screenshot above, you will notice that the classic air ace film Wings is available for purchasing or rent on YouTube. You may also notice the year listed is 1929. This is not the year Wings was released. It was in fact released in 1927, why the discrepancy? Well, American works released in 1927 or earlier are now in the public domain. Whereas 1929 works at the time of writing are still in copyright. This isn't a little white lie either, I've received take down notices by companies using this false redating, and on at least one occasion while I was compiling evidence for my challenge I noticed that the English language wikipedia entry for the film in question had also mysteriously had new dates, this has since been corrected.


 

So, what can you do about this? Well, like all other forms of copyfraud we can't stop the perpetrators from doing this, we can however challenge and expose this. While wikipedia can be edited by anyone, there are several definitive databases that cannot be tampered with. For American film's I always check the American Film Institute which lists the release dates and premieres of every commercially released American film. For example, the entry on Wings clearly shows multiple screenings in 1927. For British films, the British Film Institute also fulfils this service.  So be vigilant, if in doubt check at authoritative sources.

Friday, 5 January 2024

Public Domain 2024, or why is Steamboat Willie still being flagged when I upload it to YouTube?

 

Yes, after Millions of dollars in lobbying efforts, after two decades of delay, Steamboat Willie the first animated short starring Mickey Mouse is finally public domain. Many have rushed to upload the short to their video platform of choice, which is of course YouTube. And yet many are finding that their videos are being claimed by the Disney corporation anyway. What gives? Well, as someone who uploads public domain material to YouTube regularly, including Steamboat Willie, nothing has changed.

There are two types of copyright triggers on YouTube, manual, where someone actively makes a claim and the much more common automatic flagging system which scrubs through whatever you upload to YouTube as part of the upload process, usually after the SD version is ready but before HD if that is applicable. And after uploading, your video will be subject to periodic and random checks for the rest of time. If you've ever received an e-mail out of the blue informing you that a video you uploaded ten years ago has been blocked in Greece or cannot be monetised because of a claim by a company in Australia, that is usually why that has happened.

This is an automatic flagging. Neither automatic nor manual copyright claims, blocks and strikes do not have legal standing and are not in themselves evidence of anything. But this is especially true of automatic versions when a work's copyright expires. All they mean is that someone - and it's important to remember that this could be anyone - has made a copyright claim on some material and either consciously made it against your upload or the automatic system thinks your content is a match for what's in its database to check for. So, once material has been added to the system to check it stays in there, it's up to the submitter to make changes and there is no obligation for them to do so nor sanction if they fail to do so. 

Last year, Disney was blocking my upload of Oswald the Lucky Rabbit's Trolley Trouble's. I disputed it and to my surprise, instead of running out the clock or trying to intimidate me into dropping the issue, they promptly responded and dropped the claim. A while ago, YouTube informed me that my channel could qualify for partnership, as part of the sales pitch it was keen to stress that I could make use of its checking system, simply upload my video to it, and it would take care of all the rest for me. I think you can see several of the potential openings for abuse right there.

Why such a boon for shady dealers and outright committers of copyfraud? Well, it's not YouTube's fault, well not exclusively its fault. It's the fault of Intellectual Property legislation. In particular the Digital Millennium Copyright Act, the dreaded DMCA. Under the DMCA system, YouTube and all other websites operating under jurisdiction of the United States of America have to take allegations of copyright infringement at their word and act to remove it. This leaves it up to the user to challenge it if those complaints are unfounded. And sites aren't even obligated to provide you the means to challenge it. YouTube gets lots of criticism for its copyright policies, but I will give it the barest slither of credit, it does allow users to make a challenge in the case of abuse, from what I've seen other websites just act and then ban the user or send them a warning. YouTube's process is extremely flawed, especially if you don't have a lawyer on retainer, but it has a process.

If you're curious why websites behave this way, it's because that's a requirement of the `Safe Harbour` protections. So this is a compromise between big media companies and big tech companies. YouTube and all the big online media sharing sites are full of piracy, but they rarely face any legal consequences, because the liability is transferred to the anonymous individual users. This aspect was key to what made that lawsuit by the channel Business Casual so surprising, the alleged actions of YouTube as a company risk losing that Safe Harbour status and would put them at risk of direct litigation for copyright violations and other activities by the company and its administration. So, it will be interesting to see how that class action lawsuit they're building plays out.

But back to the Mouse, because of how 'Safe Harbour' works there is no attempt at evaluation or judgement, it is a simple as Step 1: Report and Step 2: Remove as an automatic function, this means that the copyright claims on YouTube videos don't matter beyond restricting and annoying some people. The system by design eliminates evaluation and judgement of merit until other parties take further action. My upload of Steamboat Willie is blocked in several nations, and according to YouTube the claim is made by Disney, but I won't have any proof that Disney is in fact behind the claim unless I proceed through the dispute process up to a point where YouTube enacts a "contact the claimant" option and gives me an e-mail address, that is how little effort YouTube takes in verifying the identities of the entities that claim their legally protected material is being harmed by its service. Oh, and for extra fun, even when you win a dispute, there is nothing in place to stop the same content being claimed, nor being claimed by the same people you fought off last time. Warner Bros, are pretty infamous for repeatedly trying to re-claim their former properties to take just one example. What determines the copyright status of works is legislation and case law. So, if you live in one of those countries that keeps blocking the Mouse, you need to look at your own nation's legal codes; does your nation have the "rule of shorter term" for foreign works? Is the work still in copyright in your territory, and if so in what fashion and to whom is the representative? A company arbitrarily actioning what is often an automatic response does not mean anything.


Addendum

On the 13th of March, Disney failed to escalate my challenge copyright dispute over the content of the video, during the dispute period Disney did however remove its region blocks and changed to what's called an "ad grab" copyright claim. That's the claim that doesn't affect the upload but does monetise it for the claimant. So, looks like we have clarity, Mickey Mouse the character is public domain world wide.




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