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The nature of art and intellectual property is both sticky and slippery

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The chair that Mexican culture officials believe uses indigenous designs from Mexico.
The chair that Mexican culture officials believe uses indigenous designs from Mexico.

I’ve never been particularly fashionable. I tend to wear the same “uniform” every day: jeans with a short sleeve shirt and sandals if it’s warm, the same with a sweater on top and boots if it’s cold.

The colors are usually demure with lots of dark teals, navies and purples, and if anything about my outfit stands out it’s usually a three-seasons-too-late scarf or purse. It’s important to me that my clothes fit well, but beyond that I’ve never had the economic status or the wherewithal to seek out specific brands or chase after the latest trends.

You won’t catch me in Crocs — I have standards, after all — but for the most part, the fashion industry feels like a different world to me. While I won’t say that brilliant advertising doesn’t affect me, it falls fairly low on the list of things that occupy my mind.

All that said, I felt a tinge of guilt when I read the article about Louis Vuitton selling Otomí-print upholstered chairs for US $18,000. While fashion isn’t normally on my radar, interior design is, and I pride myself on my ability to “steal looks” on the cheap with the fervor of tweens practicing the makeup techniques of their favorite celebrities from YouTube tutorials.

Beautiful design and practical, pretty organization are passions of mine, and my favorite look is what you might call “folkloric chic:” bright and bold colors, natural-colored wood, lots of plants and quirky figurines and absolutely no, under any circumstances, “daylight” lightbulbs (trust me, people, just stay away from them: they make everything look grey and depressing).

In my backyard, I’ve painted several giant murals on the available wall space, which is an excellent way to get a dramatic change when you have a low decorating budget (give me unlimited paint, baskets and custom shelves, and I’ll redo your whole house!). Some were free-handed, but the biggest and prettiest ones were saved from Pinterest and then projected and traced on the walls.

I feel self-conscious enough about having “stolen” the work that I quickly tell people where it’s from and how I did it when they comment on it, but since I’m not selling it, I suppose there’s no real reason to make a point of it not being “mine.”

I’ve entertained the fantasy of making a business of painting murals, but as my own artistic creativity and talent hit a wall when it comes to the actual drawing of patterns and designs, I’ve hesitated: the ethics of charging people for copying others’ designs on to their walls just does not meet my standards of integrity. It feels like a dishonest way to make money.

The nature of art and intellectual property is both sticky and slippery. What’s the difference between copying something and simply being inspired by it? I know that I copied two of the murals that are on my wall, because I traced them exactly from a projection. The Quetzalcoatl I free-handed on another part was inspired by several images I found online (before you get too impressed about that one, keep in mind that several people have mistakenly called it a “Chinese dragon”).

Should original artists and creators be flattered that their work is admired and deemed worthy of mass production, or irritated that it’s being copied and then sold? If imitation is the sincerest form of flattery, how should indigenous artists feel about their designs being used by others to make more money than they could even dream of?

My guess is they feel about as impressed as you or I would if we sold an original creation — one whose design and techniques had been passed down for generations, no less — and then saw virtually the same thing mass-produced and sold at a marked-up price by someone who had the means to put the needed infrastructure in place for a sophisticated global market.

Alejandro Frausto, Mexico’s culture secretary, did the right thing by writing to Louis Vuitton to defend the rights of the people who create the authentic designs that were used, and asking for concrete ways for them to be both credited and compensated.

As of this writing, the company responded saying they were looking to collaborate with the artisans of Tenango de Voria in Hidalgo where such designs originate, although they did not list the specific ways they would do so. For such a large and wealthy company, surely they could spare the funds to make a point of practicing fairness and goodwill, though I wonder if they worry about the “slippery slope” of giving credit, intellectually and monetarily.

Much like public indecency laws, what exactly constitutes copying is subject to all kinds of interpretation, and surely they’re wary of setting precedents that will be hard to back out of later. This is the route Carolina Herrera seemed to take when she claimed that the criticized Mexican-patterned clothing she sold was simply “inspired” by Mexico.

As a friend who works in the fashion industry here told me, appropriation in fashion might not be ethical, but it is (apparently) perfectly legal. In my somewhat unrefined view of the philosophy of art, I certainly think there is something to be said about inspiration — art isn’t created in a vacuum. It sure does get ethically ambiguous, though, when money for other versions of it comes into the equation.

In the case of the Louis Vuitton chair, the Otomí pattern is very clearly copied in style and color, not simply “inspired.” For most of us it’s a moot point anyway, as I don’t imagine many people have 18k sitting around to spend on a chair.

The work is beautiful, and I have several pieces in my own home, bought from artisans in places I’ve visited. I dream of lampshades and blankets of the same designs, and mentally set aside money for their future purchase.

I’ve seen cheap Chinese-made printed versions on Amazon, but have resisted the urge to get the “look” without paying the artists who created it. Let’s all resist that urge, shall we?

Sarah DeVries writes from her home in Xalapa, Veracruz.

Ex-finance officials stole 190 million pesos in a theft they called ‘easy’

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The three ex-bureaucrats arrested for embezzlement.
The three ex-bureaucrats arrested for embezzlement.

Three former Mexico City finance officials were arrested this week for hacking into the finance department’s bank accounts and stealing 190 million pesos (US $10 million).

In June 2018, Berenice Guerrero Hernández, a former financial planning undersecretary, ex-funds and assets director José Iván Morales Palafox and former general director of financial administration Gabriel Rincón Hernández transferred the funds from two Secretariat of Finance accounts to a shell company.

After their arrest on Monday, the three reportedly said the embezzlement was “easy” and that they didn’t believe they would be caught because the finance department was in a state of “disaster” at the time.

The theft occurred just before last year’s elections and about six months before the new government took office.

The officials also said they were paid “miserable” salaries, the newspaper El Universal reported.

The embezzled funds were earmarked to pay the salaries of employees of other Mexico City secretariats, and close to 10,000 workers were affected.

Mayor Claudia Sheinbaum said yesterday that the comptroller’s office has identified irregularities in virtually all of the capital’s secretariats since she took office last December.

Some warrant administrative sanctions while others are criminal offenses, she said.

The finance department embezzlement case was referred to the Mexico City Attorney General’s Office, which launched an investigation that led to this week’s arrests.

Sheinbaum, a political ally of President López Obrador and member of his Morena party, said her administration’s aim is to eradicate corruption in all government departments.

Source: El Universal (sp)

International partnership supports training of English teachers in Baja

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Baja California English teachers at an IAPE workshop.
Baja California English teachers at an IAPE workshop.

Educational institutions in the United States have partnered with the state of Baja California in a project whose goal is to raise the standard of English-language education.

The Inter-American Partnership for Education (IAPE) will team up with the University of California San Diego and the Baja California Education Secretariat to train public school teachers through a method initially designed for the U.S. Peace Corps.

The initiative will introduce a seal of biliteracy that will be awarded to graduating students in recognition of a high level of English-language ability.

The IAPE, a partnership between the Rassias Center for World Languages and Cultures at Dartmouth College in New Hampshire and Educando by Worldfund, has operated English-language education programs in Mexico since 2007.

The IAPE was selected to implement the teacher training, which began in December with 32 Baja California middle school teachers.

The partnership seeks to support 340 teachers during the next two years and award the biliteracy seal to 85,000 students. IAPE director Jim Citron said that English-language ability is important in Baja California.

“Baja California is located directly south of the California border and over 50,000 out of the state’s 700,000 students in public elementary and middle schools were born in the U.S. By providing tools for English teachers to include and empower English-speaking students as leaders in the classroom, the project is building bridges across cultures and providing opportunities for advancement for all students.”

According to project organizers, Mexican professionals with English-language skills earn on average 28% to 50% more.

The partnership aims to address the findings of a 2015 study by the education advocacy organization Mexicanos Primero that 97% of middle school students do not achieve the English proficiency level established by the Secretariat of Public Education by the time they graduate.

Mexico News Daily

Another arrest warrant issued for former Pemex CEO

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The Ixtapa house owned by Lozoya's wife.
The Ixtapa house owned by Lozoya's wife.

A judge has issued another warrant for the arrest of former Pemex CEO Emilio Lozoya on corruption charges.

The warrant orders Lozoya’s detention on charges of conducting operations with resources of illicit origin, criminal association and bribery.

The accusations relate to the purchase of a home in Ixtapa, Guerrero, which is registered in the name of Lozoya’s wife and was seized by the federal Attorney General’s Office (FGR) on July 7. It has been valued at US $1.9 million.

The warrant was issued by a Mexico City judge on July 4 but its details weren’t made public until yesterday.

The first warrant for Lozoya’s arrest was issued in late May in connection with the 2014 sale of a fertilizer plant to Pemex by steelmaker Altos Hornos de México.

Ex-Pemex chief Lozoya and his wife, Marielle Helene Eckes.

The warrant was suspended in early June but reinstated two weeks later.

The FGR announced earlier this month that it also obtained a warrant for the former Pemex chief’s arrest in connection with bribes he allegedly received from the Brazilian construction company Odebrecht, which has been at the center of corruption scandals in several Latin American countries.

Lawyer Javier Coello Trejo told the state news agency Notimex that the Odebrecht arrest warrant also names his client’s wife, mother and sister, joking that authorities only forgot Lozoya’s dog and parakeet.

The Ixtapa home owned by Marielle Helene Eckes was allegedly purchased with funds provided by Altos Hornos de México owner and president Alonso Ancira, who was arrested in Mallorca, Spain, in May.

According to the government, the US $475 million Pemex paid to Ancira’s company for the fertilizer plant was more than nine times its real value.

Coello Trejo said in June that Lozoya is in Mexico City, but warned that he will not be arrested because authorities will not be able to find him.

Yesterday, he said that his client is not concerned about the warrants against him because he knows that he can prove his innocence.

However, the former Pemex chief, who managed the oil company between 2012 and 2016, is annoyed that his mother has been targeted, Coello added.

Source: El Financiero (sp), Notimex (sp) 

35 tonnes of sargassum arrives on popular Cancún beach

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Playa Delfines in Cancún.
Playa Delfines in Cancún.

The scourge that has mired much of the coast of Quintana Roo with smelly brown algae has now affected Playa Delfines, burying one of Cancún’s most popular beaches under 35 tonnes of sargassum in just one day.

Mayor Mara Lezama called Tuesday’s seaweed arrival “unprecedented” and said that more than 100 federal and municipal workers were involved in clean-up efforts to remove the weed. They are being supported by nearly an equal number of volunteers.

The two-kilometer stretch of beach that comprises Playa Delfines is visited by an average of 5,000 visitors every day during peak tourist periods.

Half of Cancún’s GDP is generated by tourism-related activities, according to the World Travel and Tourism Council.

Meanwhile, nearly 650,000 tonnes of sargassum has buried the Quintana Roo coastline between the start of the year and June 24, and shows no signs of relenting, with July and August projected to be the worst months.

Hotel occupancy in the Riviera Maya is reported to be 50%, down from the 80% or more that is typical of the summer season.

Source: Noticaribe (sp), Milenio (sp)

Guerrero drug trafficker sponsored teaching students’ graduation class

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A photo of the class behind the head table announces sponsorship by wanted gang leader.
A photo of the class behind the head table announces sponsorship by wanted gang leader.

A graduation ceremony last Friday at a teacher training college in Guerrero was sponsored by a cartel leader who is a fugitive from justice.

The graduating class of 25 students at the Tierra Caliente Teachers’ College in Arcelia, Guerrero, chose Johnny “El Mojarro” Hurtado Olascoaga, the leader of the Familia Michoacana cartel, to sponsor their graduation.

Images of the ceremony uploaded to Twitter by the local government show the drug trafficker’s name printed on a poster. He did not attend the ceremony.

Arcelia is known to be a stronghold of the Familia cartel.

The Education Secretariat of Guerrero (SEG) released a statement distancing itself from Hurtado’s sponsorship of the class.

Grad class sponsor Hurtado.
Grad class sponsor Hurtado.

“The Education Secretariat of Guerrero has nothing to do with the designations of class sponsors, which are made by the graduating students,” the statement read.

“The decision is the responsibility of graduation committees, in which SEG personnel do not participate.”

However, SEG official Praxedis Mojica Molina was present at the ceremony, and Arcelia Mayor Adolfo Torales Catalán also attended and spoke positively of Hurtado.

“Today, we reaffirm our friendship and respect, and we ask for continued support to live in an environment of peace, harmony and coexistence,” said the mayor.

“Our greetings go to Johnny Hurtado Olascaoga, and we recognize him for having agreed to sponsor the 2015-2019 graduating class.”

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Hurtado has been wanted by federal authorities since 2012. In 2016, the Attorney General’s Office offered an award of 3 million pesos (US $158,000) for information leading to his capture.

He is wanted for at least 10 crimes, and Interpol has also circulated a red notice against him.

Source: Infobae (sp), Milenio (sp)

After describing prison as ’24-hour mental torture,’ El Chapo sentenced to life

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Guzmán will spend the rest of his life in jail.
Guzmán will spend the rest of his life in jail.

Notorious drug lord Joaquín “El Chapo” Guzmán was sentenced to life in prison today on drug trafficking charges by a United States federal judge who accused him of “overwhelming evil.”

Before the sentence was handed down, the 62-year-old former leader of the Sinaloa Cartel told Judge Brian Cogan that his imprisonment in the United States “has been psychological, emotional, mental torture 24 hours a day.”

Guzmán claimed that the jurors who heard his case were influenced by media reports on his trial, an argument that his lawyers also made when requesting a retrial.

“Since the government of the United States is going to send me to a prison where my name will not ever be heard again, I take advantage of this opportunity to say there was no justice here,” he told the New York court.

The court also heard from Andrea Vélez, a former associate of Guzmán, who said that he paid the Hells Angels motorcycle gang US $1 million to have her killed but she escaped to the United States with the help of U.S. authorities.

Handing down the mandatory term of life plus 30 years, Cogan said he would have imposed the harshest possible sentence even if the law had given him any leeway.

Any redeeming qualities the convicted smuggler might have were canceled out by his “overwhelming evil” actions,” he said.

The judge also ordered Guzmán to forfeit US $12.6 billion, an amount that represents the total amount of illegal drugs the jury determined he shipped to the U.S.

The Sinaloa native, who was extradited to the United States in January 2017, was convicted in February on charges of trafficking, organized crime, involvement in multiple murder conspiracies and illegal use of firearms.

Jurors heard from 56 witnesses during the 11-week trial, including many former associates who offered an unprecedented glimpse into the inner workings of the Sinaloa Cartel.

They gave testimony about bribes El Chapo allegedly paid – including payments to former presidents Felipe Calderón and Enrique Peña Nieto, murders he ordered, his life of luxury and womanizing and the Sinaloa Cartel’s smuggling methods, among other details.

The defense portrayed witnesses as unreliable opportunists who in some cases were seeking reductions to their own prison terms.

During the trial and in the months since, Guzmán has been held in solitary confinement in the Metropolitan Correctional Center, a high security prison in lower Manhattan.

Cogan last month rejected Guzmán’s request to be allowed more time to exercise on the jail’s roof after prosecutors warned of an escape risk.

The drug lord escaped twice from prisons in Mexico, once in a laundry cart and once via a 1.5-kilometer-long tunnel.

After today’s sentence was handed down, United States Attorney Richard Donoghue told reporters that “never again will Guzmán pour poison over our border, making billions while innocent lives are lost to drug violence and addiction.”

“We can ensure that he spends every minute of every day of the rest of his life in prison,” he added.

But Guzmán’s lawyers said they will appeal the sentence, arguing that up to five jurors violated the judge’s orders by following the case in the media during the trial.

“All we had asked for is a fair trial. I’m not here to tell you that Joaquín Guzmán is a saint . . . Whatever you think of Joaquín Guzmán, he still deserves a fair trial, everybody does in America . . .” said Jeffrey Lichtman.

Source: Reuters (en), Milenio (sp) 

7 mini-tremors recorded in 2-hour period in Mexico City

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Epicenters of last night's tremors.
Epicenters of last night's tremors.

Mexico City was hit by seven small earthquakes overnight, shaking buildings but causing neither injuries nor damage.

According to the National Seismological Service (SSN), a 2.9-magnitude earthquake with a depth of three kilometers and an epicenter in the Álvaro Obregón borough of western Mexico City took place at 10:59pm on Tuesday night.

And over the next two hours, Álvaro Obregón was shaken by as many as six other small earthquakes, with an average magnitude of 2.4.

The quakes could be felt in some parts of Álvaro Obregón, as well as in the Cuauhtémoc, Miguel Hidalgo, Benito Juárez and Cuajimalpa boroughs.

According to SkyAlert, a company that manages earthquake warning systems, the tremors did not trigger the earthquake alarm because of their small magnitude.

Earthquakes with epicenters in Mexico City are not unusual. According to the SSN, there have been 158 since 1998, 114 of which had magnitudes under 2. The largest Mexico City earthquake took place in 2003, and had a magnitude of 4.0.

Luis Quintanar, a geophysics researcher at the National Autonomous University, told the newspaper TeleDiario that the recent tremors are part of an earthquake swarm, a phenomenon that has not occurred in Mexico City since 1980.

Mayor Claudia Sheinbaum said that city officials will meet with a group of experts on Wednesday to evaluate the earthquakes.

Source: El Universal (sp), TeleDiario (sp), El Financiero (sp)

Cancún lynch mob target gets 37 years for killing attacker

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The accused in one of his YouTube videos.
The accused in one of his YouTube videos.

A judge has sentenced Russian citizen Aleksei Makeev to 37 years and six months in prison for killing one of his attackers when an angry mob tried to lynch him in Cancún in 2017.

The judge also ordered that Makeev pay 405,02 pesos (US $2,130) in reparations to the victim’s family.

The man was known to locals as #LordRussianNazi for his abusive and racist behavior, which he proudly displayed in a series of videos on his YouTube channel. Makeev had lived in Cancún since at least 2015 and had been employed as a dive instructor, but was dismissed for aggressive behavior toward clients.

Residents’ tolerance finally gave out in May 2017 when Makeev was seen hitting a woman and child in a neighborhood store. Later that same day, when a large crowd converged on his home Makeev stabbed and killed one of his attackers before the throng dragged him out of his house and beat him into a coma.

Makeev was saved by the arrival of police, who manage to subdue the crowd long enough to extract the Russian and rush him to the Cancún General Hospital, where he was treated for a fractured skull, broken arm, blows to his entire body and cerebral bleeding.

During last Saturday’s trial in Cancún, Makeev’s defense argued that he had stabbed his attacker in self-defense. But the state recreated the mechanics of the act itself, proving to the judge that the Russian had used his physical superiority over the deceased to stab him multiple times.

Source: Milenio (sp)

Economists say Pemex plan ignores concerns, warnings by agencies, experts

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Pemex's new plan has not been warmly welcomed.
Pemex's new plan has not been warmly welcomed.

Pemex’s new business plan ignores the concerns of rating agencies and experts, according to analysts who predict there will be a downgrade to the state oil company’s credit rating.

“[The rating agencies] gave several warnings and they more or less said what they didn’t like but it seems that none of those warnings are considered. [The plan] is almost like a challenge to lower the rating,” said Adrián Calacaneo, an energy specialist at the business intelligence company IHS Markit.

Presented yesterday by Pemex CEO Octavio Romero, the plan proposes tax cuts, injections of capital and increased oil production for the beleaguered oil company, which has debt in excess of US $100 billion and whose output has been in decline for more than a decade.

But several analysts were critical that the plan doesn’t allow for joint ventures with private companies or farmouts, in which oil leases are assigned to third parties for development.

“It’s a very ideologically loaded business plan, it limits the participation of private companies in a big way and forces Pemex to do everything itself,” said Pablo Medina, vice president of Welligence Energy Analytics.

The plan does allow for service contracts to be issued to private companies but Medina said they won’t provide Pemex with the liquidity it needs to invest in profitable activities.

He told Bloomberg that the company needs “to take advantage of what the energy reform allows, leverage capital and stop trying to do it all by themselves.”

Carlos Serrano, chief economist at the bank BBVA México, said the “main problem is that farmouts won’t resume,” charging that the business plan “will not be so strong” as a consequence.

He told the newspaper El Financiero that the government will have to find an alternative revenue source for Pemex to avoid pressures on the company that could result in a credit rating downgrade or problems for public finances.

Fitch downgraded Pemex to junk status last month with a negative outlook, stating that the company was severely underinvesting in its upstream business and that its high levels of transfers to the government were pressuring cash flow and reinvestment ability.

Mario Correa, chief economist of Scotiabank México, said the plan is overly optimistic with regard to oil production targets, lacks detail and leaves a lot of questions unanswered.

He questioned where the funds for the cash injections would come from and whether the private sector service contracts will be successful. Correa also wondered if the plan would negatively affect Mexico’s sovereign rating.

Analysts at the investment bank Citigroup have already concluded that it will.

Citi said that a downgrade for both sovereign bonds and Pemex is only “a matter of time.”

In a note to clients, the bank said the strategy “doesn’t solve the main structural problems of the company” and “the probability of a rating downgrade by Moody’s to junk status has increased.”

Citi said “the long wait” for the plan “didn’t translate into new actions or ideas.”

The reduced tax burden had already been announced on June 6, it said, and the “business plan repeats the same repetition” about oil production increases. Furthermore, said the bank’s analysts, service agreements with private companies “haven’t worked in the past.”

Citi was also critical of the government’s plan to inject US $7.4 billion into Pemex over the next three years, asserting that it needs $10 billion to $15 billion per year.

In addition, it said the plan will have an impact on public finances in an already difficult economic climate.

With the economy slowing, tax revenue trending downwards, a less optimistic outlook for oil prices and with increased spending on social programs and infrastructure projects, it will be difficult for the government to maintain a primary surplus, Citi said.

As expected, government officials defended the plan.

Alberto Montoya, an undersecretary in the Energy Secretariat, said it “would be very strange” if rating agencies were to downgrade “a company that is taking these decisions.”

President López Obrador said yesterday that the plan was designed to transform “an oil industry in ruins” to one with the capacity to finance national growth.

Source: El Financiero (sp), El Universal (sp)