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On November 8, 2006, the Electronic Frontier Foundation posted a "" on their website, . On November 9th, the Electronic Frontier Foundation responded to Art Schreiber's commentary, in a post entitled "". On November 8, 2006, the Electronic Frontier Foundation posted a "" on their website, . On November 9th, the Electronic Frontier Foundation responded to Art Schreiber's commentary, in a post entitled "".


The video is currently available in ], from the . This location has been cited by the Electronic Frontier Foundation<ref>, ], case page, Landmark's Misuse of the Digital Millennium Copyright Act</ref>, in an article at the ] Web site<ref>, ], November 3, 2006</ref>, at the ] site<ref>, November 10, 2006, ]</ref>, and by the ]<ref>, ], Introduction, 2006</ref>.


== See also== == See also==

Revision as of 00:29, 11 November 2006

2004 French film
Voyage au pays des nouveaux gourous
File:Inside Landmark Forum 2 of 6.jpg"Voyage to the Land of the New Gurus", 2004
Directed byKarima Tabti
Written byPièces à conviction
(Exhibits)
French News Program
Produced byFrance 3,
Elise Lucet,
Herve Brusini
StarringElise Lucet, Host/Moderator
Laurent Richard,
France 3 undercover investigative journalist
Alain Roth, Landmark Education head, France
Sophie McLean, spokeswoman & Landmark Forum Leader
Jean-Pierre Jougla, Attorney
Jean-Marie Abgrall, Psychiatrist, author of Mechanics of the Sects
Jean-Pierre Brard, Deputy Mayor, Montreuil, France
Christian Lujan, Social psychologist, Psychoanalyst
Jocelyne Berthelot, Landmark volunteer
Mona Vasquez, former Scientology member
Laurent Mournais, former participant
Brigitte Thelier, former participant
Pierre, anonymous former participant
Edited byPascal Richard,
Lionel de Coninck
Distributed byFrance 3
Release datesMay 24, 2004
Running time65 minutes
CountryFrance France
LanguageFrench

Voyage au pays des nouveaux gourous, (Voyage to the Land of the New Gurus) is a TV documentary that presents an investigation of the activities of Landmark Education in France. The documentary was made in 2003 by the investigative journalism program Pièces à Conviction , and aired in France on May 24, 2004 on the channel France 3. The documentary has been the subject of various legal repercussions in France and the United States. As of June 2004, Landmark Education ceased its activities in France.

Landmark Forum leaders

File:Alain Roth.jpg
Promotional photo of Landmark Forum Leader, Alain Roth, head of Landmark Education's defunct division in France, who appears in the documentary.
File:Sophie McLean.jpg
Promotional photo of Forum Leader and Landmark spokeswoman Sophie McLean, interviewed in part 2 of the documentary.

Much of the documentary focused on Landmark Forum leader and former head of Landmark Education's defunct division in France, Alain Roth. Roth jokingly referred to Landmark Education as a "cult". "Especially, when going to dinner, don’t forget to take off your badge. Otherwise people will think that you are in a cult!" he reportedly said.

The documentary recounts how Pièces à conviction journalists originally wanted to interview Roth, but that Landmark Education flew Sophie McLean from New York City to France to speak with them instead.

McLean dismisses the description of her company as a "cult" or as "cult-like" and disparages the view that its business somehow depends on "brainwashing". In support of her contention, she cites three academics: Dr. Raymond Fowler (former president of the American Psychological Association), Dr. Norbert Nedopil (Chief, department of medico-legal psychiatry, University of Munich), and a report prepared by French psychiatrist Jean-Marie Abgrall. Landmark paid Abgrall to write a positive report on it, but later in the documentary Abgrall denies that he took a position either way on characterising Landmark as a cult or not.

In 2005, the Nouvel Observateur news magazine gave this assessment of the back-and-forth in the documentary:

The broadcast of Elise Lucet denounces Landmark Education’s fiscal tax arrangements, the use of an army of volunteers and the existence of involvement as a defendant in prosecutions for "abuse of weakness and mental manipulations" into a murder case. The blow is fatal. A few days later, the organization stages a special evening from which Alain Roth has strangely disappeared. Specially arrived from New York, Sophie McLean, the spokesperson for Landmark International, responds to interrogations of assistance, split between unrest and and solidarity. Countering the accusations of France 3, she distributes to us a denial/disclaimer that carefully avoids the more sensible/delicate points of reporting. Why such determination by/of the news media? Because: "Landmark Education proposes a "leading edge" pedagogy and, as such, it is more succeptible to be improperly understood compare to others."

On-screen commentators

France 3's Pièces à conviction brought in several noted French academicians and authors to sit on its commentator panel during the program. Apart from those discussed below, the program included Jocelyne Berthelot, Landmark Education participant and volunteer, former participants Laurent Mournais and Brigitte Thelier, and a person using the pseudonym "Pierre".

Solicitor Jean-Pierre Jougla

File:Jougla expert commentary.jpg
Host/Moderator
Elise Lucet discussing Landmark Education jargon with Jean-Pierre Jougla

Jean-Pierre Jougla works as a solicitor with the Court of Appeal in Montpellier, France. He wrote the preface to the book Les Sectes, and founded the department of "victimology related to the sectarian harmful effect" at the University of Lyon.

Jougla was asked to give his expert opinion on the Landmark Forum, and to analyze why individuals did not leave the room. He responded that the enrollees were "in a state that made it impossible to leave." He went on further to describe what he referred to as "brainwashing", and stated that this can often be accomplished through methods that seem harmless. Methods he observed included "confining people for 3 or 4 days in a room with no windows." He went on to state that "brainwashing is just that: it happens without the victim knowing it.

Later, Jougla comments on what he percieves as "doctrine" inherent within Landmark Education, stating:

What influences public opinion is only the storefront. The cults you cited have a religious pretense, and hide behind that screen. Here, there’s no religious element. But there’s still a doctrine. The basis of Landmark’s doctrine essentially rests on a philosophical concept. It’s the concept of authenticity. "We’re going to teach people to be authentic"

Psychiatrist Jean-Marie Abgrall

Jean-Marie Abgrall, M.D., a French psychiatrist, criminologist, specialist in forensic medicine, and graduate in criminal law, wrote Soul Snatchers: The Mechanics of Cults. He has served as an expert witness in the Supreme Court of Appeal and in the Court for Businesses in France on the subject of cults. Landmark Education paid Abgrall 45,600 Euro to write a positive report on the company, and to assert that the organization is not a "cult".

Abgrall was interviewed by Pieces a Conviction staff, and asked to comment on his alleged assertion that Landmark Education is not a cult. He responded by saying "It's not true that I said it's not a cult! I neither wrote that it is a cult nor that it's not a cult." He went on to complain that "There is no control of a psychologist." He went on further, elaborating on his concern of the lack of training of the individuals who lead the Landmark Forum, saying "These guys aren't trained, as if tomorrow you set up shop as a psychotherapist. I mean, that's what's shocking.

Deputy mayor Jean-Pierre Brard

Jean-Pierre Brard, the deputy mayor of Montreuil, France, served as the vice-president of the now defunct investigating committee on cults in the French National Assembly.

Mr. Brard was asked by host Elise Lucet to explain why his committee had classifed Landmark Education as a cult, without performing direct empirical research through observation. Jean-Pierre Brard explained the investigating committee on cults' position, by focusing on three points: his opinion that individuals in the Landmark Forum "relinquish critical thought", the presence of "a network of money" and "brainwashing". These were the main reasons that he felt "it's a cult.

Psychoanalyst Christian Lujan

Dr. Christian Lujan, a psychoanalyst, psycho-sociologist and professor at ESCP-EAP European School of Management, has written two popular French books on human resource management.

He appeared in the documentary and commented on why the Forum Leader, Alain Roth, brought out "fears from childhood". When questioned by host Elise Lucet, Dr. Lujan responded that "The goal is to destabilize the individual and to negate - and I emphasize this - the notion of the subject. The individual doesn't own his own past. Only they know what's good for him. At any moment, an exercise like this can take away a person's introspection.

Mona Vasquez

File:Inside Landmark Forum 5 of 6.jpg
Host/Moderator
Elise Lucet discussing similarities between the jargon of Landmark Education and that of Scientology with ex-Scientologist and author, Mona Vasquez.
part 5 of 6
in documentary.

Mona Vasquez is the author of the book Satan Created the Cult: Memoirs of an escapee. A member of Scientology for seven years, she appears in the documentary addressing what she believes are similarities between Scientology and Landmark Education, such as the use of jargon.

France 3 television channel and the documentary

Reported fine-payment

According to a statement released in French by Landmark Education, France 3 reportedly paid a fine for a violation of the media's code of ethics:

Unfortunately, considering that the fines paid were tiny for a violation of the media's code of ethics, France 3 decided that it was better for its TV rating to pay these symbolic fines rather than offer the public an objective report.

Landmark Education's reply

Under European law, when journalists and the media criticize an entity, the entity has a legal right to force the journalist or media to publish the response. Landmark Education's started off by thanking France 3 for publishing the response without adding extensive sound effects as it did in the broadcast. Landmark Education refuted the points made in the documentary. France 3 subsequently cancelled a scheduled rebroadcast and removed the transcript from its web site.

In Landmark Education's legal right-of-reply to France 3's video, a woman explains how her interaction with the Landmark Forum leader was twisted out of context by the journalist after having seen the broadcast:

My face is hidden, but my voice is not masked. I feel betrayed by this journalist who did not respect the necessary confidentiality in this broadcast. And moreover, by showing only part of the conversation, the journalist draws conclusions which imply that I feel mistreated. From this conversation, which I admit was difficult, I had considerable insights which enabled me to live better and to have a better relationship with my daughter. And I owe it with the conversation which we had during the Landmark Forum.

This person thereafter declared in public she had had a very positive experience and to date continued to take part in the programs of Landmark Education.

Landmark Education responded to France 3's insinuation that Landmark Education gained large money sums by using volunteers in France. They state that Landmark Education lost money each year in France, but maintained its center open for its participants. France 3 estimated that the receipts of Landmark Education amounted to nearly 1.5 million euros per annum, whereas according to Landmark Education's assertions, they did not exceed 590,000 euros per annum.

Landmark Education commented on Dr. Jean Marie Abgrall's position in their reply:

Dr. Jean-Marie Abgrall, the principal expert on cults in France, declared in connection with the ten elements identified by the parliamentary Commitee as being constitutive of a sect: “None of the six relative major elements of a cult applies to Landmark Education. ” As for the four remaining elements, Dr. Abgrall pointed out that they are “minor characteristics which could be also found in many conventional organizations.”

Art Schreiber, the General Counsel and Chairman of the Board of Directors of Landmark Education, commented:

On May 24, 2004, in the program "Pieces A Conviction," France TV3 broadcast a report on Landmark Education. The apparent purpose of the report was to portray Landmark Education as a harmful cult. There were many wholly inaccurate and biased statements in the program, as well as some extremely serious accusations that were totally and absolutely unfounded. TV3 operated completely unprofessionally, using tactics including lying, manipulating, using illegally obtained materials, and intentionally presenting materials out of context. TV3, without authorization from Landmark Education, used confidential footage of the Landmark Forum that was shot undercover by a reporter who falsified his personal information and did the filming in violation of his signed legal agreement protecting the privacy of the other participants in the course.

When this program was broadcast in France, Landmark's attorney in France sent a detailed letter to TV3 in which he refuted, point by point, the gross inaccuracies and defamatory and libelous representations in their program. Upon receipt of the letter, TV3 removed the transcript of the documentary from its own web site. ...

Surveys show that 94 percent of Landmark Education's customers say, upon completing their course, that The Landmark Forum has made a positive, profound and lasting difference in their lives. Nearly 1 million people around the world have participated in The Landmark Forum.

Dr. Raymond Fowler's letter, which reflects his own opinion, is cited in Landmark's reply:

In my opinion, Landmark Forum is not a cult, nor anything of comparable with a cult, and I do not see how a reasonable and responsible person could say otherwise. I did not see anything in Landmark Forum in which I took part who can harm to the participants. In my capacity as expert in this field, I am certain that once the French government takes the advice of looking at the question more closely, it will conclude that Landmark Education was included wrongly on the list of the cults.”

Current Commentary from France 3

After having pulled the transcript of the broadcast, France 3 now only has the reference to Landmark Education's French web site with Landmark Education's legal-right of reply, including a description of Landmark Education:

Translated:

Landmark education is the result of a research into the effectiveness with which the individuals and organizations act and their way of communicating. www.landmarkeducation.fr'. 'France Télévisions cannot be held responsible for the contents of these links.

Repercussions

In France, Landmark Education "assistants" had the apparent French legal status of volunteer unpaid workers. In June 2004, a month after the program aired, the French government (L’Inspection du Travail) investigated labor practices regarding these volunteer workers. Shortly thereafter, Landmark Education ended operations in France.

Sectarian Risks report

Further information: Parliamentary Commission about Cults in France

The documentary refers to the 1995 Interministerial Mission for Awareness against Sectarian Risks (now defunct) report which listed Landmark Education (Landmark education international - Le forum") as a secte (cult). In 2005, Prime Minister Jean-Pierre Rafarin issued a circular stating that the list of groups in the report should no longer used to identify cults in France.

Reactions to posting of the video on-line

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In September and early October 2006, anonymous users posted copies of the Pieces a Conviction France 3 documentary, Voyage to the Land of the New Gurus to Google Video, the Internet Archive, YouTube, Dailymotion and BitTorrent site Pirate Bay.

In October 2006 Landmark Education issued subpoenas pursuant to the Digital Millennium Copyright Act, a piece of United States legislation which allows content-owners to issue subpoenas to identify alleged infringers, even without filing a lawsuit. Landmark Education sent subpoenas to Google Video, YouTube and the Internet Archive, demanding to be informed of the identity of the person(s) who had uploaded copies (with English-language subtitles) to these websites.

Challenges to Landmark Education's efforts have arisen on multiple fronts. The Internet Archive has commenced fighting its subpoena from Landmark Education, and the Electronic Frontier Foundation (EFF) has filed official objections on its behalf. The EFF will also file a motion to quash Landmark's DMCA subpoena to Google Video, on behalf of the anonymous entity who uploaded the video. Google has advised Landmark that it will not produce the requested information pending a ruling on that motion. YouTube sent notification to the user about its subpoena, and plans to give the user a reasonable opportunity to move to quash it.

Art Schreiber, Chairman of the Board of Directors of Landmark Education, commented on the issue in RedHerring Magazine:

“The Electronic Frontier Foundation (EFF) challenged our actions and alleged to the press that our copyright claims were bogus, which statement was then disseminated on the Internet. Landmark Education’s goal is not to silence anyone, but to protect its core IP resources, which were infringed by the video. While we appreciate the work of the EFF, the allegation that our copyright claim is bogus is entirely inaccurate. The facts are clear that the Landmark Forum program has for many years been copyrighted. Materials covered by this copyright registration were included throughout the video.”

On November 8, 2006, the Electronic Frontier Foundation posted a "Draft Motion to Quash Landmark Subpoena" on their website, Landmark and the Internet Archive. On November 9th, the Electronic Frontier Foundation responded to Art Schreiber's commentary, in a post entitled "EFF and Landmark: Cards on the Table".

See also

References

  1. "At home with the gurus in neckties.", Nouvel Observateur, French newspaper, May 19, 2005, by Marie Lemonnier.
  2. "At home with the gurus in neckties.", Nouvel Observateur, French newspaper, May 19, 2005, by Marie Lemonnier.
  3. "At home with the gurus in neckties.", Nouvel Observateur, French newspaper, May 19, 2005, by Marie Lemonnier.
  4. LANDMARK EDUCATION - DROIT DE RÉPONSE - France 3, Landmark Education Corporate Website, response to France 3, 2004, Template:Fr icon.
  5. Landmark Education's legal right of reply, translated
  6. Landmark Education's legal right of reply, translated
  7. Landmark Education's legal right of reply, translated
  8. Landmark Education's legal right of reply, translated
  9. Subpoena to Google, Art Schreiber, October 2006
  10. English Letter, 1995, Corporate Website, Document number "L-014E", Official Document, Landmark Education.
  11. A short timeline in French.
  12. Circulaire du 27 mai 2005 relative à la lutte contre les dérives sectaires
  13. Landmark and the Internet Archive. Landmark's Letter to the Internet Archive. Landmark's Letter to Google. Internet Archive's Objections to Landmark Subpoena.
  14. Landmark Education Fires Back At EFF, Redherring.com

External Links

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