Grouchy Marxist Defamation or Groucho Marx Defense?

“I have nothing but respect for you -- and not much of that.”
― Groucho Marx

My company, Good Point Recycling, used to charge residents $10-20 per TV, which most people were willing to pay every 10 years when they threw one away.  Here is a 2006 article (Burlington Free Press) praising us for the process and markets we used,..  

Interestingly, it's reposted on the wall of Basel Action Network.  It was posted in 2006', in happier days when BAN called me regularly to help them "certify" Pledge signers (like "Tom", in the article), before their consultants accused me of lying about the factories described in the article, which BAN chose to post on its website.

So, the article goes into detail about the distinction between "unknown" export markets and the use of legitimate export refurbishing factories.  BAN not only posted this article about the distinction, but BAN has also inserted language into their E-Stewards program describing "semiknockdown" factories, with instructions that any parts which may be electively upgraded or replaced must be removed in the USA before the CRT is exported.  

BAN also negotiated for the same terms in our "California Compromise" agreement, which fell flat in 2010.

“Are you going to believe me, or what you see with your own eyes?”
― Groucho Marx

To finesse the obvious differences between factories (like the one in Indonesia, at left) and the dirty recycling in Guiyu China, Jim Puckett, the Chief Executive at BAN, wrote in an Op-Ed piece that the disposal of parts replaced (common in an elective upgrade at the contract manufacturing factories) would be illegal, and speculated that the "discarded parts" would be "poisoning people", ergo "fair trade" was not possible.

In my emails to BAN over the years, I have offered to prove or certify that any electively replaced parts could be shipped for recycling to a place BAN approved, such as Japan or Belgium, which would solve that dilemma.

In responding for BAN, Jim said that he was aware of that option but that he did not want to promote it, because he distrusted and resisted globalization.  He said that no matter how hard we tried, that the nature of "exporting jobs" to poor countries meant exploitation.  In other words, whether or not I found a way that Basel Convention said was legal, that he objected based on his philosophy, that rich people who employ less rich people are exploiting them... something Karl Marx would say.

I told Jim that the "tested working" and "fully functional" and "accidental breakage" would require the same downstream diligence, that trading with poorer people, if inherently unfair, would extend to other trade, including sale of new devices, purchase of new devices, and certainly the mining of metals to make new devices.   Jim actually said he objected to those things too, but they were outside the scope of "waste" and therefore outside of his mission statement in Basle.   He didn't buy my suggestion that the big factories which certified the recycling of breakage, returns, and parts would be very valuable in the countries they were in. In fact, one WR3A member factory became a licensed take-back program for CRTs generated in that country.  If BAN killed them, and the majority of the e-waste disposed of in those countries originated there (See Williams/Kahhat study, referenced below), he'd be making e-waste worse...

So my point here is not to delve back into the specific arguments over the Basel Convention Annex IX, which explicitly says that export for repair is LEGAL... I'm just trying to demonstrate what Donald Summers, the BAN consultant, was referring to when he described "the genuine policy debate at issue" with personal attacks.  The general policy debate was about globalization and Marxist economics, not about whether contract manufacturing (e.g. Foxconn factories which make all IPhones and IPads) were mythical.

In the BAN web page articles above, on BAN's own website, BAN admits these factories are refurbishing.   And BAN negotiated terms for the semiknockdown factories with me, and BAN met some of the factory executives via Skype at E-Scrap 2010.   And BAN chose to support language allowing Manufacturers (OEMs) such as Dell, HP, IBM, Lenovo, Samsung, etc. to continue to use the factories (which take warranty returns, for example) in the language of HR2284, the Responsible Recycling Act.  The factories are NOT MYTHS.

So Basel Action Network obviously knows these factories exist, and is willing to let OEMs use them, and is willing to let E-Steward Recyclers use them if certain parts are removed (like bad capacitors). BAN says nothing if the devices these SKD factories buy are tested working (in which case the parts are removed anyway) and sold to a middleman (but not directly to the factory).  If this is obvious and proven and not disputed, why do so many people I meet think that the genuine policy debate between R2 Certification and E-Stewards standard is about POISONING CHILDREN??????

Or is it about rape, murder, and arson?  (See BAN's depiction of ASU Professor Eric Williams below)...

“Next time I see you, remind me not to talk to you.”
― Groucho Marx

Mark Twain's Anti-Defamation Recipe

Mark Twain:  

"It's not what you don't know; it's the things you know, that are not so, that really get you."

http://retroworks.blogspot.com/2010/03/mark-twain-weighs-in-on-crt-e-waste.html

Crazy Defense Against A Defamation Suit?

Last week I sent a virtual "postcard" from Dallas, talking about character assassination, in reference to news articles by Chris Paicely of Patch.com.  Paicely did a pretty darn good job of covering the mutual defamation lawsuits between Basel Action Network, and the jilted E-Stewards applicant, Intercon Solutions.

Link to the original Chicago Patch articles here

Reporter Paicely describes the damage suffered by Intercon Solutions, but also gave BAN its due say.  He interviewed me in his final article.  The conclusion was that maybe exports aren't that bad afterall, and if they aren't, that it would be a shame if Intercon had told its clients they never exported.  There isn't very much about actual recycling in the articles... it's about people talking about recycling.

BAN had to respond, and another article appeared:

BAN vs. Intercon:  Watchdog Consultant Calls Export Supporter "A Really Crazy Guy"

Summers sent an email to Patch calling Ingenthron and Cade huge supporters of "dumping on poor people."

... Summers then criticized Ingenthron and Cade for promoting the "myth that there are all these wonderful high-tech facilities in China,' adding more harsh comments about Ingenthron's character.

"They will lie right through their teeth," Summers said. "It's amazing — I've seen it. Robin Ingenthron is known as a really crazy guy — sorry, I don't like dissing folks, but he is a huge outlier."

Summers went on to refer to Ingenthron and Cade as "green-washers," which are companies that falsely portray themselves as environmentally friendly. 

Yes, this is the same Donald Summers who threatened to sue me for libel a year ago ("BAN NGO Threats Lawsuit vs. Vermont #ewaste Blogger" - I was a whole percentage point off in describing E-Stewardship fees), and who found my first April Fools Day Episode of 2010 "scurrilous", "irritating" and "beneath contempt" (Ingenthron Hired By Basel Action Network).

Well, in Donald Summers' defense, he called me personally Monday morning prepared to eat serious crow.  He was doing the fully monty apology.  (It was, after all, a rather curious way to defend your organization when the headline is about DEFAMATION.)  I couldn't help it.  I want to help the guy out.

Huge Outlier

Now, am I crazy, or is this a potential breakthrough...?

Our company's response was to invite Don to visit us in Middlebury, and to speak with E-Stewards he trusts who have been to the "mythical" high tech facilities in China.  If the "big secret factories" don't exist, then get rid of the manufacturer and warranty in HR2284 exemption, I say.  If they do exist, then calling them a myth is the serious libel.  And if they exist, and have been seriously libelled, maybe that's what was driving me crazy.

My hope is that this could be a genuine moment of compromise.


Remember the Geeks of Color, and six billion people ("outliers" of the OECD).

"Because of Gordon Chiu (common export shipper to the Indonesia CRT refurbishing factory for both BAN accussee and BAN donor ), I had to defend the honor or the voiceless importers overseas.  Because of Joseph Benson, the Nigerian arrested for shipping used electronics - which were later found to be 85% good.   I was forced to choose friends I didn't want to choose between."