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He Said, He Said

Ed Norton as Bruce Banner

We have made the decision to not bring Ed Norton back to portray the title role of Bruce Banner in The Avengers. Our decision is definitely not one based on monetary factors, but instead rooted in the need for an actor who embodies the creativity and collaborative spirit of our other talented cast members. The Avengers demands players who thrive working as part of an ensemble, as evidenced by Robert, Chris H., Chris E., Sam, Scarlett, and all of our talented casts. [= Robert Downey Jr. as Iron Man, Chris Hemsworth as the Mighty Thor, Chris Evans as Captain America, Samuel L. Jackson as Nick Fury, and Scarlett Johansson as the Black Widow.] We are looking to announce a name actor who fulfills these requirements, and is passionate about the iconic role in the coming weeks.
Kevin Feige, President of Production, Marvel Studios

Hulk versus Hulk

This offensive statement from Kevin Feige at Marvel is a purposefully misleading, inappropriate attempt to paint our client in a negative light. Here are the facts: two months ago, Kevin called me and said he wanted Edward to reprise the role of Bruce Banner in The Avengers. He told me it would be his fantasy to bring Edward on stage with the rest of the cast at ComiCon and make it the event of the convention. When I said that Edward was definitely open to this idea, Kevin was very excited and we agreed that Edward should meet with Joss Whedon to discuss the project. Edward and Joss had a very good meeting (confirmed by Feige to me) at which Edward said he was enthusiastic at the prospect of being a part of the ensemble cast. Marvel subsequently made him a financial offer to be in the film and both sides started negotiating in good faith. This past Wednesday, after several weeks of civil, uncontentious discussions, but before we had come to terms on a deal, a representative from Marvel called to say they had decided to go in another direction with the part. This seemed to us to be a financial decision but, whatever the case, it is completely their prerogative, and we accepted their decision with no hard feelings. We know a lot of fans have voiced their public disappointment with this result, but this is no excuse for Feige’s mean spirited, accusatory comments. Counter to what Kevin implies here, Edward was looking forward to the opportunity to work with Joss and the other actors in the Avengers cast, many of whom are personal friends of his. Feige’s statement is unprofessional, disingenuous and clearly defamatory. Mr. Norton’s talent, tireless work ethic and professional integrity deserve more respect, and so do Marvel’s fans.
Brian Swardstrom, William Morris Agency


Hunt the Wild Justice

C. S. Lewis

C. S. Lewis’s article “The Humanitarian Theory of Punishment” is simultaneously an excellent argument against the rehabilitative or therapeutic approach to punishment, and a lousy argument in favour of the retributive approach to punishment. Lewis makes a compelling and eloquent proto-Szaszian case for the thesis that punishment not based on responsibility is wrong; but, never examining his implicit premise that punishment must be justified somehow or other, he then slides without much reflection into the conclusion that punishment based on responsibility must be right. So when I read this article I’m cheering half the time and tearing my hair out the other half.

Of course that’s often my reaction when reading Lewis – as when reading Nietzsche, another writer who to my mind tends to mix together equal parts of the magnificently right and the horribly wrong (though his points of rightness and wrongness seldom coincide with Lewis’s). Anyway, Lewis, like Nietzsche, is generally worth reading even when he’s wrong.

While we’re at it, here’s another fine Lewis piece, “The Inner Ring,” that has a good deal less wrong in it.


Ideas That Stick With You

Under the feudal system, rights to one’s person were alienable (swearing fealty to a lord was irrevocable) while rights to land often weren’t (a feudal lord couldn’t sell his estate, as it belonged in perpetuity to his heirs) – the exact reverse of the rights system that most libertarians advocate. Forbidding the alienation of rightfully alienable property is as much a violation of property right as any other.

Now even libertarians who defend IP generally regard it as alienable; so the current move by the IP lobby to attack the voluntary alienation of IP rights should be something that pro-IP and anti-IP libertarians can agree in opposing.

An argument one sometimes sees for the inalienability of IP is the consequentialist one that if IP is treated as alienable then creators will be exploited by big companies. It’s certainly true that under the current IP system, the chief beneficiaries of copyright tend to be not the original creators but instead large publishing and recording companies; and making IP inalienable is one way to address that. Yet inasmuch as IP, whether alienable or inalienable, constitutes both protectionism and censorship, it remains objectionable on both rights-based and consequentialist grounds. A better solution to the exploitation problem is to replace IP-based business models with ones that secure compensation to creators in nonviolent ways.


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