Sankey vs Penguin

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Postby B0bbY_CaT » Jul 6th, '06, 14:28



unless there is another thread that offers greater proof than this one, it seems many are very quick to jump on the popular "bandwagon" here and bash Penguin Magic. they may well be guilty of what has been alledged which primarily seems to be mostly moral issues as opposed to legal ones as had been suggested earlier.

a couple of things to consider:

(1) Talk Magic is a well known, well respected magic forum. perhaps, if not already done so, a representative from TM could email Penguin with the post that began this thread and invite them to present directly, from "their mouths"... their side of the story. i am interested to see if faulty DVD cases is the best THEY can come up with.

(2) Quoting Goldfish/alledgely said by Jay Sanky: (In fact, up until the time of this e-mail, if you go to the very first page of the "Jay Sankey Store" on their US website, you'll see that they CONTINUE to advertise "Three Ring Circus" for $30 -instead of the agreed upon price of $40 that all my other dealers are selling it at!)

It's a good thing Penguin didn't do as Sanky asked, in many countries, perhaps most, price fixing is illegal!

Quoting Blade Master/alledgely said by Penguin Magic: Recently we posted a warning on Jay Sankey's Anytime, Anywhere (DVD) in which we stated that "Due to poor case design, this DVD may become dislodged during shipment." This warning may not have made Sankey Magic happy, but it was important to us to be up-front and honest with our customers about our quality concern.

this is a HUGE joke! the case itself is typically made in China. "peanuts" cost more than these! and in most cases quite generic. the printed covers can slide out and be inserted into another case. poor form by anyone who supplies such cases and just as pathetic is any distributor who makes a major drama over it... put YOUR customers FIRST, send the covers back to YOUR supplier & have the covers swapped!

Quoting Mandrake: Whilst I make no insinuations whosoever, does anyone else remember the hoo-hah with a certain large Department Chain Store (no names but the letters M and S come to mind!) a few years back? They started dealing with a small 2 person firm who had designed and produced some rather natty display and storage racks which were ideal for the stores so a contract was placed with them and several hundred were made and delivered. Towards the end of the contract the firm had great difficulty in talking to anyone as to whether the contract would be extended, renewed or whatever - in effect they were just ignored completely. Suspicions were aroused when the rack designers noticed that new racks were still being fitted in the stores and they weren't made by them. I believe the 'explanation' was that the Chain Store had found some other firm willing to take over production at a reduced price and they were buying all the components from the same sources etc so the products were identical but the designers were elbowed out of the picture by the big boys who would be saving a measly two thousand or so.

i have personally witnessed many examples of the small "battler" getting his "clever" product or idea into a multi national or big player. figuring this will have them "set for life" they sit back as they pump out the product and ship it out their door... all the time FORGETTING it was hard work and innovation that got them there in the first place. and when they become complacent, stop innovating and developing... they lose the deal to someone who has developed a more economical way to produce something or added value to the original design. the point being, it is rarely as simple as it is reported.

bottom line with all this, lets get the other side of the story before we condem PM as "evil" and suggest a boycott. if they refuse to satisfy our request, or after hearing their side of the story (DIRECT FROM PM if possible) we can decide we will or wont buy from them any more... then fine. but on the surface, it sure looks like many (not all but many) have determined guilt and "sentenced" PM with little more than a statement by Jay Sanky... which may well turn out to be fact??? lets find out first though.

Last edited by B0bbY_CaT on Jul 6th, '06, 16:17, edited 1 time in total.
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Postby AJ82 » Jul 6th, '06, 14:48

I am not jumping on the bad wagon I am just concerned that my set may be copies. I would have asked the same questions if I had ordered it from any supplier. The only reason I added it to this post was because it was already up and running. If it had not have been I would have started simpley asking the same questions...

Is it really a copy?....Anyone got any ideas? Could it be a fake? How can I find out?


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Postby magicdiscoman » Jul 6th, '06, 15:02

penquin magic has had a curtousy e-mail imforming them of this thread but as yet there has been no reply.
e-mails do get lost but i,m pretty sure I'm not the only one who sent them one. :oops:

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Postby B0bbY_CaT » Jul 6th, '06, 15:13

counterfeiting is an entriely seperate issue. one that should be handled VERY carefully. if i were Jay Sanky, i would not alledge counterfeiting unless i had absolute proof since if he did that he would no doubt be invited to prove it and i dont mean here at TM... LOL!

having said that, it is easy to do, most people who trade in a significant way in China agree that somewhere between 30% - 35% of China's GDP is counterfeit product.
independently qualified here if you are interested, but i happen to know it is a fact:
http://www.senate.gov/~govt-aff/_files/042004chow.pdf

back to Sanky V Penguin, i am not sure i read it to say Sanky specifically suggested Penguin were counterfeiting.
quoting AJ82: Is it really a copy?....Anyone got any ideas? Could it be a fake? How can I find out?

more so sourcing alternatives to his version of the same product. a simple example:

lets say that you were the first person to develop the "ID". and unfortunately you were not sufficiently savvy with what intellecual property protection rights were available to you. which meant anyone legally (not necessarily morally but legally) could source these decks themselves. so you insisted on a wholesale price of US$5 which meant they usually retailed at $10. i found i could make them myself for $3 so i simply stopped buying them from you. sad but happens all the time... unfortunate, sometimes immoral... not always... SOMETIMES, but NOT necessarily illegal.

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Postby AJ82 » Jul 6th, '06, 15:23

Ok now I am totally confused and wish I had never mentioned this. The things that made myself and myboyfriend think it MAY be a copy is the fact that the dack of the disc is purple (like the ones I write home movies on to) rather than the standard silver / grey I have on all my other DVDs. Also there is a gap on the back of the DVD where the information is stored like when I make home movies that do not fill a whole DVD unlink all the other DVDs I have paid for that seem not to have this gap. Also the picture on the top of the DVD looks rough round the edges like it is starting to peel off. I am not saying either Penguin or Jay have copied this or but I would like to find out if it is or not for my own piece of mind.

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Postby B0bbY_CaT » Jul 6th, '06, 15:24

magicdiscoman, nice one!

too bad they have yet to take you up on your offer. i have dealt with PM only twice, found them to be excellent. i also notice that most of their products have lost of buyer reviews... and they DONT edit bad reviews... which is amazing!

of course that is just my experience, very limited. maybe if the received a letter from an administrator addressed personally to the owners of PM they would be more inclined to react... who knows what level of personal an email such as this gets to in a big operation???

having said that, we shouldn't have to beg for an explaination.

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Postby B0bbY_CaT » Jul 6th, '06, 15:27

AJ82, who knows what means of manufacturing is used by Sanky or his supplier??? if i were you and i wanted to know for sure, i would send some digital photos to Jay Sanky (google for his web site for contact details). see what he says. i assume you definately bought your DVD from Penguin, not eBay???

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Postby IAIN » Jul 6th, '06, 15:31

AJ - don't worry, Bobby Cat is having an aeolistic moment.... :wink:

No doubt you can e-mail Jay Sankey and tell him where you got them as suggested though, and see what he says... :?:

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Postby AJ82 » Jul 6th, '06, 15:41

Yes got it from penguin, not ebay. I NEVER buy DVDs from ebay after a bad experience (not magic related). I am probably just going to leave it. Its not worth the trouble so what if it sticks in a couple of places. I just don't want to cause problems.

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Postby B0bbY_CaT » Jul 6th, '06, 15:44

aeolistic??? wow... i couldn't find aeolistic, but i did find aeolian so maybe aeolistic means to be like an aeolian???

Ae·o·li·an
1. a member of an ancient Hellenic people who lived in Aeolis and Lesbos about 1100 BC
2. See Aeolic


Encarta® World English Dictionary ©

NB: (Aeolic says see Aeolian)

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Postby MagicIain » Jul 6th, '06, 15:51

This may help:

Limericks about aeolistisism

Now let's get back to the topic in hand, everyone.

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Postby B0bbY_CaT » Jul 6th, '06, 16:14

checked link, thanks!

so then:
Aeolistic means talking too much;
Someone rambling, long-winded and such.
The Prez is a sample;
His rhetoric's ample,
And his blabber is so out of touch.

in reply:
my banter, sure it's long,
but please, dont get me wrong?
in provoking your thought,
'bout the disk that you bought,
on-line, penguinmagic.com

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Postby BizKiTRoAcH » Jul 6th, '06, 17:20

AJ82 wrote:Ok now I am totally confused and wish I had never mentioned this. The things that made myself and myboyfriend think it MAY be a copy is the fact that the dack of the disc is purple (like the ones I write home movies on to) rather than the standard silver / grey I have on all my other DVDs. Also there is a gap on the back of the DVD where the information is stored like when I make home movies that do not fill a whole DVD unlink all the other DVDs I have paid for that seem not to have this gap. Also the picture on the top of the DVD looks rough round the edges like it is starting to peel off. I am not saying either Penguin or Jay have copied this or but I would like to find out if it is or not for my own piece of mind.


I havent used the program so dont know where to look exactly, but try using this:

http://www.cdfreaks.com/software/60

As I said, I havent used it.. but if it says somewhere that it was burnt on a pioneer dvd writer or something.. then its a "fake" copy.

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Postby pdjamez » Jul 6th, '06, 17:34

You see I did warn you AJ!

Go talk to Penguin and voice your concerns. It was bought legally from them by you. You have rights as a consumer in the UK, I suggest you exercise them.

Everything else is supposition.

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