Marshall's Face Book Crime

[AMERICONORMAN]

Marshall’s Face Book Crime

By Jose Gainza

It was an action immediate and instinctive. Justin Walking printed the Internet page. Its dominant object was a beautiful male face, only the head, small, smiling, and beautiful. It was the picture of a black and white sketch. Justin knew that its creator was ignoble enough to have spent too many hours working towards his final draft. It was the cover of a Face Book photo album of a certain Marshall Brigadeiro.

It was the first document Justin printed and his primary evidentiary document. The date of printing could be found at the bottom of each page, along with the originating web address. This document would show to the potential arbitrators that on this date and time, this image appeared publicly for all the world to witness; in case Marshall was suddenly tempted to delete the picture in question to evade prosecution.

Justin sat there certain that Marshall would never close the exhibit of his sketch, even if facing the electric chair. Justin had already named Marshall Brigadeiro as cocky, daring, mouthy, insolent, disobedient, childish. This natural, almost innocent, attitude of Marshall aroused in Justin a ferocious anger, that stormed within him, but which he would never allow another human to witness.

The printing of this document represented for Justin the opportunity to end this attitude of Marshall’s once he received what Justin had in store for him, the thrashing to Marshall’s honor. At the end he would stand before the spectacle of Marshall on his knees begging for forgiveness, Justin pointing at Marshall in mockery, like the deities at Prometheus bound … Marshall in tears.

Justin opened the album and printed this new web page, made up of ten identical photos, like the cover photo, and felt an instinctive anger and condemnation for Marshall’s superfluity, though he really did not know the meaning behind it.

And yet, the picture impressed Justin because the sketch was good, and Justin was one to know, because Justin was an artist, and he hadn’t known that Marshall was this type of artist too. But that did not excuse Marshall from what he had done: exhibiting this sketch to the world as his property—he even signed it—when the source of it Justin knew came from somewhere else. The album’s title was: Marshall’s First Adult Drawing. What made it worse was what Marshall wrote as his own commentary to his creation:

When I was fourteen I proudly discovered that I could draw, which eliminated a prior shame in my mediocrity. So I began to draw a few sketches. Though I delighted in my new ability, I soon lost enjoyment in the effort it took to produce a complete sketch. I soon accepted the possibility that I would never draw another thing for the rest of my life.

I am now twenty four and have stumbled across this creature who is the cause for my spirit’s revolution. All of him makes me giddy and delighted in the uniqueness of his harmony. I drew a picture of him. It took me twenty tries. One day soon I will post a real picture of my first reaction to the sketch’s completion.

Justin was appalled that Marshall could be so daring, and decided that he too would use a public forum—for justice. And despite spending some time projecting how hard or how easy it must have been for Marshall to complete the portrait, Justin knew that he would take Marshall on the television show, Judge Jacqueline Cubana, which was a popular, nationally broadcasted television show on the Canadian Broadcasting Corporation.

***

Three days later, a Wednesday, Marshall got up from his large wooden dinner table, stopping work on his second sketch of Justin because he needed a short break from sitting and arching over. He got up and stretched ferociously. Soon he walked swiftly out of his apartment, and skipped cat-like down the stairs. He fetched his mail. He was surprised to find what appeared to be an official document. He opened it while mechanically walking up the stairs, still reading, then passing his threshold to lounge his back on his sofa.

It was an invitation from the CBC on behalf of JJC to appear in court on the following Thursday to defend himself against charges of the theft of intellectual property and defamation of character to the person of Justin Walking. He read it and tossed it onto the floor, rose from the couch, and leaped towards his kitchen table to complete his latest drawing with a greater and new determination.

He drew for hours. He met the dawn. Upon completion, he walked over to his computer and surfed the net to his Face Book account. For a moment he was tempted to delete the picture but decided it unnecessary. For a moment he was tempted to publish his latest sketch as an act of defiance against his beloved—but he knew that it would be his closing argument. He published the promised photograph where he appeared a man who has seen the ultimate light, in the midst of Justin’s precious face. His commentary:

I looked like this a few moments after I finished my first adult drawing. The consequence is the genuine love on my face.

Marshall knew therefore that he would be met by Justin’s face of scorn on the day of the trial. “Oh well,” he concluded.

***

Outside the studio room Justin awaited the defendant’s arrival. He kept his face intransigently scornful to avoid being caught otherwise by the damned one. Strangers shuffled past him in the busy hallway, and every one who turned the corner was confronted with the expression on his face, some actually wondering whether the emotion was directed at them, causing fear in some, amusement or bewilderment in others. It was a look pseudo-psychopathic.

The defendant arrived. Marshall walked past Justin with direct eyes and a sardonic grin; Justin kissed his teeth in annoyance.

Judge Cubana was a redhead of Cuban descent, confident, proud, vocal, daring, with a facility for irony. She was anxious to try the case, intrigued by the importance of the charge and yet the seemingly harmless act. Was this animosity genuine? She just had to know.

When she first laid eyes upon Justin and Marshall, she was stunned for a moment at the extent of their beauty. Soon she managed to speak.

“Good day, folks ... Justin, you are suing Marshall for the offense of theft of intellectual property and defamation of character. You are not suing him for any money but oddly you want him to give you a drawing he created as recompense. So tell me your side of the story. Explain to me the theft of intellectual property part.”

“I would like to submit, Judge, three documents.” The court officer handed the file to the judge. She thumbed through them and Justin continued, “Exhibit A is the profile page of Marshall’s Face Book account where my picture stands out. Exhibit B is that picture full-sized. C is the print out of a photo album opened with ten identical photos or sketches of me.”

“You drew this, Marshall?” asked Cubana rhetorically then nodded for Justin to continue.

“Simply, I never gave Marshall permission to publish my picture anywhere. This photo still appears on his Face Book.”

“Still?” asked the judge in a raspy voice, somewhat amused, somewhat surprised. She used her laptop to confirm this fact herself. And she seemed to browse other items, and gave Marshall a coquettish smile, probably when she found the picture of Marshall when done his sketch.

“Continue, Justin.”

“Notice that in the commentary for the sketch in question, Marshall states it took twenty sketches to achieve his final draft. He could not have done so without saving or printing the picture from which he copied his sketch, and contemplating it for days. He did not draw it in one day. He hasn’t a photographic memory. His sketch is very competent but it would have been impossible without my original photograph, which he stole from Face Book. The original is still there.”

“They are the same. Mr. Brigadeiro, some questions. Did you save the original picture electronically?”

“Yes.”

“Did you print it?”

“Yes.”

“How many hours did you spend?”

“About 72 hours.”

“That’s quite long and arduous.”

“I am not an artist. I’m a novelist.”

“Have you published any novels?”

“No.”

“Have you completed any?”

“Three.”

“Good. What led you to sketch Justin?”

“Simply, I deeply love his beauty. It is best to start drawing again with an exciting subject.”

“Question one: did Marshall have the right to save it? Question two: Justin, if he didn’t save it on his computer, or print it, but just toured your account, spending maybe an hour or so contemplating and drawing it, would you have charged him the same?”

“No. He would be thus different.”

“So Justin, explain to me this ‘defamation of character’.”

“It took him too long. I know he’s not an artist. To publish his sketch of me and admit that it took him so long implies that I would approve of such an action, that I would not be insulted by such affection for me. What if someone you had no interest in gave you an expensive diamond necklace? If he had futilely expressed his romantic interest in you, but you shunned him already, what would be the meaning of that necklace then? If he had announced that he gave you that necklace for the whole world to know, would that not be an offense? If I let the sketch in question remain on his site, will that not make me an accomplice to his love? If I let him keep that sketch of his to contemplate at his leisure would it not be appeasement of his terrorism?”

The judge interrupted. “The issue here is whether he had the right to save your picture, Justin? Did you give a copyright notice for the source picture?”

“No.”

“You should have.”

“Are you saying it’s my fault?”

“We live in a world of piracy, darling. Yes, you should have given notice.”

“But I want that sketch!”

“I don’t think I can award that to you, Justin. Justin, did you take that source picture of you yourself? Or did someone else take it of you?”

“A friend took it of me.”

“Did you ask permission of your friend to post the photo?”

“No! I don’t even have to ask my friend.”

“I believe you … It’s still an original artistic creation by Marshall. All you would have done is press the camera button. It’s Marshall’s property. If you had posted a copyright notice, it may have been different. All I can do at this point is to make the issue clear. Do you, Justin, at this point want to declare that you never want Marshall to save or print any photos he finds of you on the Internet?”

“I do not want Marshall to ever save or print any photos he finds of me on the Internet.”

“Do you, Marshall, acknowledge Justin’s wish and agree to abide by it?”

“I regrettably do, Judge.”

“Does that satisfy you, Justin?”

“I want that sketch!”

“I’m not going to steal his sketch to give to you, Justin. As to the defamation of character aspect, I will do one more thing for you, Justin. I will ask you the following question: do you ever want Marshall to declare his love for you to the public in any manner whatsoever?”

“I do not want Marshall to declare his love for me in any manner whatsoever.”

“Marshall, do you acknowledge his wish and agree to abide by it?”

“I do.”

“So before I declare this case closed, I will allow Marshall to speak. But before that, I would like to ask a question to you, Justin … Are you gay?”

“That’s irrelevant!”

“If you are then you must be impressed by Marshall’s beauty.”

“I’m not.”

“Justin, are you attracted to Marshall?”

“Judge!”

“I had to ask. You don’t have to answer. This case has already been decided. Marshall, anything else to add?”

“Yes … I’m willing to give it to Justin.”

“What?” the judge asked in bewilderment.

“It’s true.”

“Why?” asked the judge.

“Because I don’t think I want it anymore. I expected him to be flattered. I thought it would show him I’m willing to adopt his interests, especially the important ones. It was a delusion on my part.”

“Are you saying you don’t love him?”

“Seems I never did.”

“What! And the poetry! And the stories you’ve written with me obviously as the muse!”

“Those were impetuous, infatuated.”

Justin remained dumbfounded for a moment and the judge began to chuckle.

“In fact,” continued Marshall, “Besides removing the picture from my Face Book, I’m even willing to give him my latest sketch.” Marshall pulled out the paper sheet from his folder and displayed it to the judge.

“Let me see that!” It was Justin.

“Please submit that to me!” ordered the judge.

The court officer gave it to the judge.

“You want to give this to Justin?” She was obviously moved tremendously by the new drawing.

“Yes.”

“Let me ask you this, Marshall: In creating this did you have to look at any of Justin’s pictures.”

“No.”

“But Marshall, this may be considered a public declaration of love to Justin, which you have already promised you wouldn’t do. After all, we are on national television.”

“It’s up to you Judge.”

“I will agree that you give him the first sketch since that is what this case is all about. But I will have Justin see this new sketch and if he wants it he can have it.”

The court officer retrieved the sketch from the judge and handed it over to Justin. Almost immediately upon seeing it Justin suddenly lowered his head, and exhaled noticeably through his nose, shrugging his shoulders slightly. He had to gather the strength to look at it again. And when he did, after a moment, his face was deep red, and he had tears in his eyes.

Marshall said, “What the hell, Justin?”

“You did this?” asked Justin a little bit choked up, looking at the new drawing of him by Marshall in full pose.

“Yes.” answered Marshall solemnly.

“I didn’t know,” said Justin.

“Would you like to keep it?” asked the judge.

“No. I would like Marshall to keep it.” And Justin stormed out of the courtroom.

The judge let out a loud and enthusiastic laugh and declared, “This case is dismissed! I wish you all the best, Marshall Brigadeiro. You better hurry.”

“Thank you.” And Marshall stormed out of the courtroom too, running, with a silly grin on his face.

THE END

Edited October 29, 2008 by AMERICONORMAN