Non Disclosure

Currently the level of cock-up in my current contract has reduced as after four weeks certain people are starting to get the idea that they can’t just throw company money around any more without proper recording or authorisation. The folks who hired me are looking at their cashflow and marvelling at how many procedural holes it was leaking out of. They’d been relying on an old fashioned cheque book and Corporate credit card to pay the bills and always wondering why they were struggling to keep their fiscal heads above water. Now they know. All we have to do is tidy up the in-house documentation and that’s another contract done. Think I’ve broken the back of this job with under two weeks to go. Well done Bill. Providing my clients stick to the Inventory, Purchasing and Sales order procedures we’ve thrashed out and don’t slip back into the bad old ways, they’ll be fine. Why they didn’t do it that way from the off is a mystery. They had the accounting package, the computerisation, all the software licences set up, they just weren’t using them. Oh well, it all makes work for the working man to do. Another happy tick on the old CV and another non-disclosure clause. Which everyone signs, but so few pay attention to because we humans are such terrible gossips.

Regarding non disclosure agreements, as a follow on from a recent post I’ve been asking around my legal contacts about civil Non Disclosure Agreements, those tricksy little contract clauses forbidding a signatory to publicly or privately discuss matters they have been paid not to discuss with others. The consensus seems to be that such orders are no protection against a criminal court action. Only courts can issue what are effectively ‘gagging orders’ and those will only be effective within a specific court’s jurisdiction.

So say if you know your organisation is breaking the law and that criminal activity is reported to the relevant authorities, that non-disclosure clause in your contract can be worth less than used toilet paper. In the case of a criminal prosecution, individuals are not allowed to hide behind NDA’s if called as witnesses. Especially if someone is trying to cover up fraud, sexual assault or worse. Which means the civil penalties outlined in such agreements cannot be enforced in a court of law if they were designed to prevent witnesses and victims testifying. Not without a charge of perjury at any rate. This is my understanding of these matters, if it is flawed, then corrections (With citations) in the comments, please.

Now, onto the juicy stuff. The Weinstein scandal. Ooh yes matron. The dark and shady doings circling actress Rose McGowan’s possible testimony are interesting. A warrant was issued for her arrest because she left drug contaminated luggage, which may or may not have been McGowan’s own drugs, on a plane. Unfortunately for the prosecution, mere contamination means nothing. Bank notes contaminated with cocaine still circulate out of ATMs. Indeed, back in 2010, it was reported that most British Bank notes were so tainted. Which is a whole heap of nose candy in circulation if you ask me. According to Wikipedia, most bank notes are contaminated and such false positives have even led to unfair dismissal of employees following drug tests. So the contamination of items left on a plane is meaningless and won’t hold up in a reasonable court. For a possession charge to stick, more than just trace amounts have to be found and the chain of possession confirmed. Besides, in the current climate, there’s a reasonable suspicion of evidence tampering.

As for potential paedophile scandal star witness Corey Feldman’s marijuana charge, that wasn’t him, that was his crew. He just paid the fines. Which is average for any rock band on the road.
Storm meet teacup. Whether he can name the names and out his erstwhile abusers is another thing. That has yet to come into the open. Although it is public knowledge that Hollywood has been manipulating their pet media for over half a century and then some. Just watch the documentary below about just one of the notoriously Gay film stars of the 1920’s and 30’s. You heard that. Public Homosexuality in the 1920’s and 30’s? – abso-freaking-lutely.

1930’s scandals aside; the problem with all these scandals and allegations is summed up in one word; evidence. The courts can get very picky about that. Verifiable proof is required. Unless you’re hauled before the laughably titled Canadian Human Rights Tribunal. Kangaroo Court of the Star Chamber more like. It’s no good just naming names, or going into “He said vs She said” territory, credible witnesses must be produced. Victims identified. Verifiable evidence confirmed. The chain of evidence has to be close to watertight or there’s no real hope of conviction. However, reputation damage is another thing.

Because Hollywood, as Kevin Spacey has recently found out, is a place where reputation is all. Reputation gets an actor their part in a movie, confidence from investors and Distributors funds Production companies, who fund movies. Tens of Millions can rest on a single word. Now that reputation lies in tatters. It was already under pressure after multiple box office flops, but now the money, the life blood for all creative endeavour is leaving. You might say that parts of Hollywood are bleeding out after being shot by moral outrage. And there lies the opportunity for more savvy small production companies to persuade distributors to fund and allow their creative products access to the wider US markets. Fresh new blood is needed to save Hollywood. New ideas backed by non politically strangled dialogue. Not the same shit different day. That and time to heal. Simply trying to paper over the gaping wounds with NDA’s won’t cut it.

On the other hand, the current feminist litany of complaint about ‘too many men’ either as actors, producers and writers has one major flaw; the market. Women can act, produce and write as well as any man, there is no question about that. Whether they can sell a heavily pro-feminist end product, or even if a mass market for such a product exists, is another question entirely. Wonder Woman worked, but only because of the strong female lead, long-established character and story. Which is interesting, as the comic books the character was culled from were written by a man, Dr. William Moulton Marston with an all male scriptwriting team on the movie. Hmm.

Yet women writers get rich from various projects. Margaret Mitchell wrote ‘Gone with the wind’. Harper Lee wrote ‘To kill a mockingbird’. J K Rowling isn’t exactly impecunious from the Harry Potter movies and associated merchandising to name but three. And there have been many others. Yet still the endless “It’s not fair we’re being repressed by horrible white men and their patriarchy!” Whining. Yet there are many successful female agents and one particular casting Director who works (Her name has slipped my mind for the moment) for Jerry Bruckheimer and gets credited in many major movies and TV series (Including Star Trek, the next Generation) from the last two decades. Don’t take my word for it. Watch the credits after a movie and look for specifically female names. There are more than you’d think, and they’ve all earned their stripes. Same as all the men.

This is because everything Hollywood puts out is driven by the market. Because if people like an idea they will go to see it, pay for their theatre tickets, buy the DVD’s and the movie or TV show will make lots of money, then the Producers and Distributors will be looking to fund another to make even more money. If an idea isn’t popular, then it will graunch and the likelihood is that particular writer or team will not make any more, regardless of sex. Simply because no one likes losing money. There’s no patriarchy involved. Just dollars.

The truth is that a big movie project takes years of concerted effort, even for established Writers, Directors and Producers. A hit is a hit is a hit, and it doesn’t matter if you’re whatever race or religion, male, female or one of the thirty or so recently invented ‘genders’ – if the idea isn’t a ‘sell’ the likelihood is that you won’t be asked to make another. Or even get in on the ground floor. If there’s a ground floor left when all the Weinsteins etc have finished coming home to roost.

Anyway, for me that’s rather academic. My path to the fabled land of Oz lies wide open. Australian dollars obtained. Ferry booked. Airport parking booked and paid for. Maple Leaf lounge (The VIP bit at YVR) booked and paid for. Tickets, visa’s and passports. Flights sorted. Hotels and cars all good to go. Friends and relatives eagerly awaiting our arrival. Christmas presents packed along with my best silk shirts and other lightweight clothes for those sultry climes. All we have to do is make sure the house is properly cleaned and shut down for our return in January.

Not much else for me to do but practice saying “G’day.”

Update: Sorry about the cookery video instead of the documentary I mentioned. Situation remedied. No idea how that one happened.

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