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'''''Voyage au pays des nouveaux gourous''''' ('''''Voyage to the Land of the New Gurus''''') is a French [[television documentary|television-documentary]]. It presented an investigation of the activities of [[Landmark Education]]. The [[investigative journalism]] program ''[[Pièces à Conviction]]'' [''Incriminating Evidence''] started filming the documentary in 2003, and the channel [[France 3]] broadcast it in France on 24 May 2004.
'''''Voyage au pays des nouveaux gourous''''' ('''''Voyage to the Land of the New Gurus''''') is a French [[television documentary|television-documentary]]. It presented an investigation of the activities of [[Landmark Education]]. The [[investigative journalism]] program ''[[Pièces à Conviction]]'' [''Incriminating Evidence''] started filming the documentary in 2003, and the channel [[France 3]] broadcast it in France on 24 May 2004.

==Background==
[[Werner Erhard]] (born John Paul Rosenberg), a California-based former salesman, training manager and executive in the encyclopedia business,<ref name="et8490">{{cite book | first=William Warren | last=Bartley | authorlink=William Warren Bartley | title=[[Werner Erhard The Transformation of a Man]]: The Founding of EST | publisher=Clarkson Potter | year=1978 | pages = 84, 90 | isbn=0-517-53502-5}}</ref><ref name="pressman">{{cite book | last = Pressman | first = Steven | authorlink = Steven Pressman | title = [[Outrageous Betrayal|Outrageous Betrayal: The Dark Journey of Werner Erhard from est to Exile]] | publisher = [[St. Martin's Press]] | year = 1993 | location = [[New York]] | pages =5–7 | isbn = 0-312-09296-2|id=[[OCLC]] [http://www.worldcat.org/oclc/27897209 27897209]}}</ref> created the [[Erhard Seminars Training]] (''est'') course in 1971.<ref name="hukill">{{cite news| last =Hukill | first =Tracy | title =The est of Friends: Werner Erhard's protégés and siblings carry the torch for a '90s incarnation of the '70s 'training' that some of us just didn't get | periodical=[[Metro Silicon Valley]] |publisher=[[Metro Newspapers]]|date =July 9, 1998 | url =http://www.metroactive.com/landmark/landmark1-9827.html | archiveurl =http://web.archive.org/web/20091021101004/http://www.metroactive.com/landmark/landmark1-9827.html | archivedate =2009-10-21 | accessdate = 2008-04-11 }}</ref> est was a form of [[Large Group Awareness Training]],<ref name="fisher">{{Cite book| last1 =Fisher|first1 =Jeffrey D.| last2=Cohen Silver|first2=Roxane|last3=Chinsky|first3=Jack M.| last4=Goff|first4=Barry| last5=Klar|first5=Yechiel| title =[[Evaluating a Large Group Awareness Training]] | place=New York | publisher =Springer-Verlag | year=1990 | isbn = 0-387-97320-6|page=142| postscript =<!--None-->}}</ref><ref name="denison">{{cite journal | last =Denison | first =Charles Wayne | title =The children of EST: A study of the experience and perceived effects of a large group awareness training | journal =Dissertation Abstracts International | volume =55 | issue =12-B | page =5564 | publisher =[[University Microfilms International]] | location =[[Ann Arbor, Michigan]] | date =June 1995 | id ={{ISSN|0419-4217}} }}</ref> and was part of the [[Human Potential Movement]].<ref name="mcgurk">{{cite journal| last =McGurk | first =William S. | title =Was Ist ''est''? | journal =Contemporary Psychology: APA Review of Books | volume =22 | issue =6 | pages =pp. 459–460 |date=June 1977}}</ref> est was a four-day, 60-hour self-help program given to groups of 250&nbsp;people at a time.<ref name="berzins">{{cite journal| last =Berzins | first =Zane | title =Getting It | journal =[[The New York Times Book Review]] | volume =82 | page =25 | publisher =[[The New York Times Company]] | date =February 6, 1977 }}</ref> The program was very intensive: each day would contain 15–20&nbsp;hours of instruction.<ref name="mcgurk" /> During the training, est personnel utilized jargon to convey key concepts, and participants had to agree to certain rules which remained in effect for the duration of the course.<ref name="bader">{{cite journal| last =Bader | first =Barbara (Editor) | title =Getting It | journal =[[Kirkus Reviews]] | volume = 44 | issue =Part II, Section No. 14 | date =July 15, 1976 | page = p. 821 }}</ref> Participants were taught that they were responsible for their life outcomes, and were promised a dramatic change in their [[self-perception]].<ref name="mcgurk" />

est was controversial: critics characterized the training methods as [[brainwashing]],<ref>{{cite news | last =Brewer | first =Mark | title =We're Gonna Tear You Down and Put You Back Together | work =[[Psychology Today]] | date =August 1975 }}</ref><ref>{{cite book | last =Lande | first =Nathaniel | title =Mindstyles, Lifestyles: A Comprehensive Overview of Today's Life-changing Philosophies | publisher =Price/Stern/Sloan | date =October 1976 | page =135 | isbn = 0-8431-0414-7}}</ref><ref>{{cite book | last =Koocher | first =Gerald P. |author2=Patricia Keith-Spiegel | title =Ethics in Psychology: Professional Standards and Cases | publisher =Oxford University Press | year =1998 | page =111 | isbn = 0-19-509201-5}}</ref><ref>{{cite book | last =Bardini | first =Thierry |authorlink=Thierry Bardini | title =Bootstrapping: Douglas Engelbart, Coevolution, and the Origins of Personal Computing | publisher =Stanford University Press | year =2000 | page =205 | isbn =0-8047-3871-8 }}</ref> and suggested that the program had [[Fascism|fascistic]] and [[Narcissism|narcissistic]] tendencies.<ref name="mcgurk" /> Proponents asserted that it had a profoundly positive impact on people's lives.<ref name="mcgurk" /> By 1977 over 100,000&nbsp;people completed the est training, including public figures and mental health professionals.<ref name="mcgurk" /> In 1985, [[Werner Erhard and Associates]] repackaged the course as "The Forum", a seminar focused on "goal-oriented breakthroughs".<ref name="hukill" /> By 1988, approximately one million people had taken some form of the trainings.<ref name="hukill" /> In the early 1990s Erhard faced family problems, as well as tax problems that were eventually resolved in his favor.<ref name="hukill" /><ref name="faltermayer">{{cite news | url=http://www.time.com/time/magazine/article/0,9171,1101980316-138763,00.html | title=The Best Of Est? | first=Charlotte | last=Faltermayer | publisher=[[Time (magazine)|Time]] | date=2001-06-24 | accessdate=2007-09-28}}</ref><ref name="leaderofest">{{cite news|title=Leader of est movement wins $200,000 from IRS|work=Daily News of Los Angeles|date=September 12, 1996|location=[[Los Angeles, California]]|url=http://www.thefreelibrary.com/LEADER+OF+EST+MOVEMENT+WINS+$200,000+FROM+IRS.-a083966944}}</ref> A group of his associates formed the company [[Landmark Education]] in 1991, purchasing The Forum's course "technology" from Erhard.<ref name="hukill" />


==Subjects of the program==
==Subjects of the program==
The documentary included hidden-camera footage of a course led by Alain Roth, a [[Landmark Forum]] leader, and various commentary on the footage.
The documentary included Alain Roth, a [[Landmark Forum]] leader and former head of Landmark Education's now defunct division in France.

Part of the documentary recounts how journalists from ''Pièces à Conviction'' 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 even as "cult-like", and disparages the view that its [[business]] depends on [[brainwashing]]. In support of her contention, she cites three academics: Dr. [[Raymond D. Fowler|Raymond Fowler]] (former president of the [[American Psychological Association]]), Prof. Dr. [[Norbert Nedopil]] (Chief, department of forensic psychiatry, [[University of Munich]],<ref>[http://www.forensik-muenchen.de/ Homepage, Abteilung für Forensische Psychiatrie, Klinikum Innenstadt der Universität München]</ref> and French [[psychiatrist]] [[Jean-Marie Abgrall]]. Landmark paid Abgrall to do a report<ref name="Nouvel">[http://www.culteducation.com/reference/landmark/landmark227.html English] translation of Nouvel Observateur timeline.</ref> on it, but later in the documentary Abgrall denies that he took a position either way on characterising Landmark as a cult or not.


==On-screen commentators==
==On-screen commentators==
France 3's ''Pièces à Conviction'' series brought in several commentators during the program. These included a participant and volunteer in Landmark Education, former Landmark Education participants, and other commentators including [[Catherine Picard]], president of UNADFI, and psychiatrist [[Jean-Marie Abgrall]] [[Doctor of Medicine|M.D.]]. Abgrall, a French [[psychiatrist]], [[criminologist]], specialist in [[forensic medicine]], and graduate in [[criminal law]], wrote ''La mécanique des sectes'' (Payot 1996 et 2004, ISBN 2-228-89505-9), which has appeared translated into at least ten different languages (English-language translation: ''Soul Snatchers: The Mechanics of Cults'', published by Algora, 1999: ISBN 1-892941-04-X).
France 3's ''Pièces à Conviction'' series brought in several noted French academics and authors to sit on its commentator-panel during the program. And apart from those discussed below, the program included Jocelyne Berthelot (a participant in Landmark Education and a Landmark Education [[Landmark Education#Assisting Program|volunteer]]); former Landmark Education participants Laurent Mournais and Brigitte Thelier; and a person using the pseudonym "Pierre". Other notable commentators included attorney [[Olivier Morice]], politician [[Phillippe Vuilque]], [[Catherine Picard]], president of UNADFI, and [[Gilles Bottine]], secretary general of [[MIVILUDES]].


===Solicitor Jean-Pierre Jougla===
''Pièces a Conviction'' staff interviewed Abgrall and asked him to comment on his 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 point out that "[t]here is no control of a psychologist". He continued by describing the training of the individuals who led 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."
<!-- Commented out: [[File:Jougla expert commentary.jpg|90px|right|frame|Host/Moderator [[Elise Lucet]] discussing [[Landmark Education jargon]] with [[Jean-Pierre Jougla]] and [[Arnaud Palisson]].]] -->


[[Jean-Pierre Jougla]] works as a [[solicitor]] with the [[Court of Appeal]] in [[Montpellier, France]]. He wrote the preface to the book ''[[Les Sectes]]'' [''Cults''], and founded the department of "victimology related to the [[cult|sectarian]] harmful effect" at the [[University of Lyon]].
==Response==
Landmark's media representative, Sophie Mclean, dismissed the documentary's description of her company as a "cult" or even as "cult-like", and denied that its business depends on [[brainwashing]]. Mclean cites three academics: Dr. [[Raymond D. Fowler|Raymond Fowler]] (former president of the [[American Psychological Association]]), Prof. Dr. [[Norbert Nedopil]] (Chief, department of forensic psychiatry, [[University of Munich]],<ref>[http://www.forensik-muenchen.de/ Homepage, Abteilung für Forensische Psychiatrie, Klinikum Innenstadt der Universität München]</ref> and French [[psychiatrist]] [[Jean-Marie Abgrall]]. In the documentary, Abgrall denies that he took a position either way on characterising Landmark as a cult or not.


Asked to give his expert opinion on the Landmark Forum, and to analyze why individuals did not leave the room, Jougla painted a picture of the enrollees "in a state that made it impossible to leave". He went on further to describe what he referred to as "mental manipulation", and stated that one can often accomplished [[brainwashing]] 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 characterize "mental manipulation" as just that: it happens "without the victim knowing it".
In June 2004, a month after the ''Pièces à Conviction'' program aired, a French government agency (''L’[[Inspection du Travail]]'', "Labour Inspection") investigated labor practices regarding people who volunteered for Landmark, and sent a report to the government.


Later, Jougla commented on what he called the "doctrine" inherent within Landmark Education, stating that: "What influences public opinion is only the storefront." He believes that certain cults hide behind a "religious pretense". However, he also stated that though Landmark Education lacks a religious element, an evident doctrine still exists. He went on to describe this doctrine as Landmark Education's "concept of authenticity": ''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."''
After the program aired, anonymous posters sent copies of the documentary — including versions with English-language subtitles — to several video-sharing web-sites and [[BitTorrent (protocol)|bitTorrent]] sites.<ref>

===Psychiatrist Jean-Marie Abgrall===
[[Jean-Marie Abgrall]], [[Doctor of Medicine|M.D.]], a French [[psychiatrist]], [[criminologist]], specialist in [[forensic medicine]], and graduate in [[criminal law]], wrote ''La mécanique des sectes'' (Payot 1996 et 2004, ISBN 2-228-89505-9), which has appeared translated into at least ten different languages (English-language translation: ''Soul Snatchers: The Mechanics of Cults'', published by Algora, 1999: ISBN 1-892941-04-X). He has served as an [[expert witness]] in the Supreme Court of Appeal {''Court of Cassation (France) | Cour de cassation'') and in the Court for Businesses (''Tribunal de commerce'') in France on the subject of cults.{{Citation needed|date=February 2007}} Landmark Education paid Abgrall [[Euro|€]]45,600 [[Euro]]s to write a positive report on itself in 2001, and to declare the organization "not a cult".

''Pièces a Conviction'' staff interviewed Abgrall and asked him 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 point out that "[t]here is no control of a psychologist". He continued by elaborating on his concern of the lack of training of the individuals who led 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."

This interview also appeared in ''[[Le Parisien]]''.<ref>"The embarrassing report of the anti-cult expert", ''[[Le Parisien]]'', 28 May 2004.</ref> (MILS, the predecessor to [[MIVILUDES]], dismissed Abgrall in consequence of a [[conflict of interest]] regarding the payment he accepted from Landmark Education.<ref>''Le Nice Matin'', 29 May 2004.</ref>

===Deputy mayor Jean-Pierre Brard===
[[Jean-Pierre Brard]], the deputy-mayor of [[Montreuil, Seine-Saint-Denis|Montreuil]], served as the vice-president of the [[Parliamentary Commission about Cults in France|Parliamentary Commission on Cults in France]] (''Commission parlementaire sur les sectes en France'') which reported its investigation on [[cult (religious practice)|cults]] in France to the [[French National Assembly]] in 1995.

The television host [[Elise Lucet]] asked Brard to explain why his committee had classified Landmark Education as a cult, without performing direct [[empirical]] research through observation. [[Jean-Pierre Brard]] explained the position of the investigating committee on cults. He stated that ''there's a guru who destabilizes people to enslave them, to make them subservient, which has been said by witnesses.'' He also stated that features of the Landmark Forum's structure ''"make you relinquish critical thought, and break the person down so that they can pick up the pieces."'' He also referred to a "network of money", stating that ''"The ultimate goal is to press its power and clean out the students' wallets. And by using the students, to attempt to earn more."'' He summarized his position by pointing to three main criteria: ''"domination, a network of money, subordination and brainwashing. So it's a sect."''

===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: "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===
<!-- Commented out: [[File:Inside Landmark Forum 5 of 6.jpg|90px|right|frame|Host/Moderator [[Elise Lucet]] discussing similarities between the jargon of [[Landmark Education jargon|Landmark Education]] and that of [[Scientology]] with ex-Scientologist and author, [[Mona Vasquez]].<br>part 5 of 6<br>in documentary. {{deletable image-caption|Sunday, December 19, 2010|date=December 2010}}]] -->

[[Mona Vasquez]] wrote the book ''Et Satan créa la secte'' [''Satan Created the Cult: Memoirs of an escapee'']. A member of [[Scientology]] for seven years, she appears in the documentary addressing what she sees as extensive and precise similarities between Scientology and Landmark Education, especially the use of [[jargon]].

==Response and commentary==

=== Allegations concerning fine ===

A statement released in French by Landmark Education hints that [[France 3]] preferred to risk a "tiny" fine for a violation of the media's [[code of ethics]] rather than present a documentary more favorable to Landmark Education.<ref>
''Malheureusement, considérant que les amendes à payer sont minimes pour une violation du code de déontologie des médias, France 3 a décidé qu'il valait mieux pour son taux d'audimat payer ces amendes symboliques plutôt qu'offrir au public le reportage juste et objectif qu'il était en droit d'attendre.''
<br>
Translation:
<br>
"Unfortunately, seeing how minimal the fines are for a breach of the media Code of Practice, France 3 determined it better for its audience share statistics to pay this symbolic fine rather than to offer the public the fair and objective reporting which it had the right to expect."
<br>
Unattributed statement published on Landmark Education's French web-site at http://www.landmarkeducation.fr/menu.jsp?top=20447&siteObjectID=21551</ref>

===Landmark Education's reply===
Under French law, when journalists or the media mention or allude to an entity, that entity has a legal [[right of reply]], and the media must publish that reply.<ref>http://www.mediawise.org.uk/files/uploaded/Right%20of%20reply%20in%20Europe.pdf</ref>
Landmark Education's response started by thanking France 3 for publishing the response without adding extensive sound-effects{{Citation needed|date=February 2007}} as it did in the broadcast. Landmark Education denied some of the points made in the documentary. ([[France 3]] subsequently cancelled a scheduled rebroadcast{{Citation needed|date=February 2007}} and (according to Landmark Education) removed a transcript from its web-site. Note that the [http://web.archive.org/web/*/http://info.france3.fr France 3 website in 2004] generally held copies, but not transcripts, of ''Pièces à Conviction'' broadcasts.)

In Landmark Education's legal right-of-reply to France 3's documentary, a woman, after having seen the broadcast, complained: "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." She went on to express her dismay at the manner in which the broadcast showed only a part of her conversation. Though she characterized the conversation itself as "difficult", she maintained that it enabled her to "live better" and to have a better [[Interpersonal relationship|relationship]] with her daughter.<ref name="Landmark reply">
[http://www.landmarkeducation.fr/menu.jsp?top=20447&siteObjectID=21551 Landmark Education's legal right of reply], [http://translate.google.com/translate?u=http%3A%2F%2Fwww.landmarkeducation.fr%2Fmenu.jsp%3Ftop%3D20447%26siteObjectID%3D21551&langpair=fr%7Cen&hl=en&ie=UTF8 translated]
</ref>

Landmark Education responded to France 3's insinuation that Landmark Education gained large sums of money by using volunteers in France. It stated 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 [[euro]]s ''per annum'', whereas, according to Landmark Education's assertions, they did not exceed 590,000 [[euro]]s ''per annum''.<ref name="Landmark reply" />

Landmark Education commented on Dr. Jean Marie Abgrall's position in its reply, stating that Dr. Abgrall had declared that, with regard to the ten elements identified by the [[Parliamentary Commission about Cults in France]], only four "minor characteristics" applied to Landmark Education, but that ''"None of the six relative major elements of a cult applies to Landmark Education"''.<ref name="Landmark reply" />

[[Art Schreiber]], the General Counsel and Chairman of the Board of Directors of Landmark Education, commented on the France 3 broadcast in Landmark Education's [[subpoena]] to Google in 2006. He stated that ''"the apparent purpose of the report was to portray Landmark Education as a harmful cult."'' Schreiber went on to assert that the program contained inaccurate, biased statements as well as serious unfounded accusations. He accused France 3 of operating unprofessionally, and ''"using tactics including lying, manipulating, using illegally obtained materials, and intentionally presenting materials out of context."'' He claimed that France 3 had used unauthorized confidential footage of the Landmark Forum, shot by an undercover reporter attending the course under a false name. He stated that after the broadcast of the documentary 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."'' Schreiber claimed that after receiving the letter, France 3 removed a transcript of the broadcast from their web site.<ref>
[https://www.eff.org/legal/cases/landmark/google_DMCAsubpoena.pdf Subpoena to Google], [[Art Schreiber]], October 2006
</ref>

In its reply, Landmark Education also quoted a 1995 letter from Dr. [[Raymond D. Fowler|Raymond Fowler]], past President of the [[American Psychological Association]], which reflected his personal opinion. The Fowler letter stated that: ''"In my opinion, the Landmark Forum is not a cult or anything like a cult, and I do not see how any reasonable, responsible person could say that it is."'' Fowler went on to provide lack of evidence, stating that he did not directly witness anything in his experience of the Landmark Forum course that could be harmful to the course participants. Fowler expressed the belief that if the French government were to "look at the question more closely", they would conclude that Landmark Education appeared on the list of cults in error.<ref>
[http://www.landmarkeducation.com/uploaded_files/694/Fowler.pdf ''English Letter''], 1995, Landmark Education website, Document number "L-014E".
</ref>

===Commentary from ''Pièces à Conviction'' personnel===
Pascal Richard, Editor-in-Chief of ''Pieces a conviction'' drew attention to the special circumstances of this documentary in a [http://web.archive.org/web/20040606222805/info.france3.fr/emissions/1389638-fr.php note] on the show's official web-page. Richard described the program as a "difficult broadcast", which utilized the "modern tools of television". He went on to state that only through the use of hidden cameras and microphones could the producers ''"go the extra mile and deliver the facts"''. Richard stated that only by using these techniques could the journalists get past the "slick facade" projected by "this unusual group", as well as the statements which had been ''"carefully prepared and organized by a New-York communications firm"''.<ref>
[http://web.archive.org/web/20040606222805/info.france3.fr/emissions/1389638-fr.php Archived version of the ''Pieces a conviction'' web-page of 6 June 2004]
<br>
C'est une émission difficile qui n'a pas l'écriture habituelle de ''Pièces à Conviction''. Nous avons pris ici le parti de nous servir des outils de TV modernes, comme ces caméras et ces micros dissimulés. C'était, en effet, notre seul moyen d'aller au-delà et de livrer l'info. Le seul moyen aussi de capter une autre réalité que la façade lisse qu'aimerait montrer cette étrange société. Et d'aller au-delà des discours soigneusement préparés et organisés par une société de communication new-yorkaise. ['''Translation''': This was a difficult broadcast, one which did not have the usual ''Pièces à Conviction'' signature. In this case we adopted the use of the tools of modern television, such as these hidden cameras and microphones. Indeed, only in this way could we go the extra mile and deliver the facts. Also, only in this way could we get a different reality, rather than the slick facade which this unusual group would like to project. And to get beyond the statements carefully prepared and organized by a New-York communications firm.]</ref>

(The France 3 web-site continued to make these comments available on the web until at least the time of the archiving of the [http://web.archive.org/web/20040713033249/info.france3.fr/encadres/2801506-fr.php version] dated 13 July 2004. By 10 October 2004 the monthly program's [http://web.archive.org/web/20041010221851/info.france3.fr/encadres/4589420-fr.php web-page] had moved on in the normal manner of operation — to featuring more recent episodes of ''Pièces à Conviction''.)

==Repercussions==
In France, Landmark Education "assistants" (participants in the Landmark Education Assisting Program) had the apparent French legal status of volunteer unpaid workers. In June 2004, a month after the ''Pièces à Conviction'' program aired, a French government agency (''L’[[Inspection du Travail]]'', "Labour Inspection") investigated labor practices regarding these volunteer workers, and sent a report to the government.

According to a report published by the ''Nouvel Observateur'', on July 2004, Landmark Forum graduates arrived at the offices to find the doors locked. The French branch of Landmark Education had officially shut down. Semi-officially, the Landmark staff moved their operation to London and continued to recruit in France. As of May 2005, persons involved in the organization in France continued to communicate with each other via the [[Internet]]. Graduates met together and acknowledged that they felt they had lost a "family", and expressed deep regrets that they could no longer continue "to bring transformation to people".<ref name="Nouvel" /><ref>
[http://www.prevensectes.com/rev0505.htm#19d A short timeline in French].
</ref>

==Report of the 1995 French Parliamentary Commission of Inquiry into Cults==
{{details|Parliamentary Commission on Cults in France}}

The documentary refers to the 1995 report of the Parliamentary ''Commission of Inquiry into Cults'' {[http://www.assemblee-nationale.fr/rap-enq/r2468.asp ''Rapport fait au nom de la Commission d'enquête sur les sectes'']) which listed Landmark Education (''Landmark education international - Le forum"'') as a ''secte'' (cult).

{{details|Parliamentary Commission on Cults in France#Commission of 2005}}

Coincidentally, on 27 May 2005 — a year after France 3 broadcast the documentary and many months after Landmark Education's operations in France had diminished to unofficial groups keeping in touch via the Internet — the then [[Prime Minister of France]] [[Jean-Pierre Raffarin]] issued a ''[[circulaire]]'' on the ongoing fight against cults in France. The ''circulaire'' suggests that the list of specific cults appended to the report of the 1995 Parliamentary Commission 1995 had become less pertinent — because of the way in which organizations had changed and morphed and come to use the Internet — and suggested that in certain cases his civil servants should avoid depending on generic lists of groups.<ref>
[http://www.legifrance.gouv.fr/WAspad/UnTexteDeJorf?numjo=PRMX0508471C ''[[Circulaire]] du 27 mai 2005 relative à la lutte contre les dérives sectaires'']
</ref>
</blockquote>

==The documentary on the Internet==
From September 2006 onwards, anonymous posters sent copies of the documentary — including versions with English-language subtitles — to several video-sharing web-sites and [[BitTorrent (protocol)|bitTorrent]] sites.<ref>
[https://www.eff.org/news/archives/2006_11.php#005029 Self-Help Group Backs Off Attack on Internet Critic], Electronic Frontier Foundation, November 30, 2006.</ref>
[https://www.eff.org/news/archives/2006_11.php#005029 Self-Help Group Backs Off Attack on Internet Critic], Electronic Frontier Foundation, November 30, 2006.</ref>


In October 2006 Landmark Education issued [[subpoena]]s pursuant to the [[Digital Millennium Copyright Act]], a piece of United States legislation which allows content-owners to issue subpoenas to identify alleged infringers. Landmark Education sent subpoenas to [[Google Video]], [[YouTube]] and the [[Internet Archive]], demanding details of the identity of the person(s) who had uploaded copies (with English-language subtitles) to these websites.
In October 2006 Landmark Education issued [[subpoena]]s 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 details of the identity of the person(s) who had uploaded copies (with English-language subtitles) to these websites.


The Internet Archive fought its subpoena from Landmark Education, and the [[Electronic Frontier Foundation]] (EFF) filed official objections on its behalf. The EFF (operating on behalf of the anonymous entity who uploaded the video) also planned to file a motion to quash Landmark's DMCA subpoena to Google Video. Google advised Landmark that it would not produce the requested information pending a ruling on that motion. YouTube sent notification to the user about its subpoena, and planned to give the user a reasonable opportunity to move to quash it.<ref>
Challenges to Landmark Education's efforts arose on multiple fronts. The Internet Archive commenced fighting its subpoena from Landmark Education, and the [[Electronic Frontier Foundation]] (EFF) filed official objections on its behalf. The EFF (operating on behalf of the anonymous entity who uploaded the video) also planned to file a motion to quash Landmark's DMCA subpoena to Google Video. Google advised Landmark that it would not produce the requested information pending a ruling on that motion. YouTube sent notification to the user about its subpoena, and planned to give the user a reasonable opportunity to move to quash it.<ref>
[https://www.eff.org/legal/cases/landmark/#19d Landmark and the Internet Archive].
[https://www.eff.org/legal/cases/landmark/#19d Landmark and the Internet Archive].
[https://www.eff.org/legal/cases/landmark/archive_landmark_request.pdf#19d Landmark's Letter to the Internet Archive].
[https://www.eff.org/legal/cases/landmark/archive_landmark_request.pdf#19d Landmark's Letter to the Internet Archive].
Line 74: Line 167:
[http://www.informationweek.com/management/showArticle.jhtml?articleID=196601049 Landmark Drops Copyright Infringement Subpoenas On Google And Anonymous Critic], ''[[InformationWeek]]'', 1 December 2006</ref> and ''[[Yahoo! News]]''.<ref>[http://news.yahoo.com/s/cmp/20061202/tc_cmp/196601049 TechWeb article], [[Yahoo! News]], 1 December 2006.</ref>
[http://www.informationweek.com/management/showArticle.jhtml?articleID=196601049 Landmark Drops Copyright Infringement Subpoenas On Google And Anonymous Critic], ''[[InformationWeek]]'', 1 December 2006</ref> and ''[[Yahoo! News]]''.<ref>[http://news.yahoo.com/s/cmp/20061202/tc_cmp/196601049 TechWeb article], [[Yahoo! News]], 1 December 2006.</ref>


On 17 November 2006, the [[Apologetics Index]] website received a "[[cease and desist]]" letter from attorneys in [[Amsterdam]] representing Landmark Education. The letter stated that Landmark Education demanded Apologetics Index remove their hyperlink to the streaming video version of the documentary, due to alleged "copyright infringement" of their "Landmark Forum Leaders Manual" (TXu 1-120-461). The Apologetics Index responded on their site that after reading the responses from the Electronic Frontier Foundation, they did not intend to comply with Landmark's demands.<ref>
On 17 November 2006, the [[Apologetics Index]] website received a "[[cease and desist]]" letter from attorneys in [[Amsterdam]] representing Landmark Education. The letter stated that Landmark Education demanded Apologetics Index remove their [[hyperlink]] to the ''Cult Awareness Information Centre'''s streaming video version of the documentary, due to alleged "copyright infringement" of their "Landmark Forum Leaders Manual" (TXu 1-120-461). The Apologetics Index responded on their site that after reading the responses from the Electronic Frontier Foundation, they did not intend to comply with Landmark's demands.<ref>
[http://www.religionnewsblog.com/16570/landmark-education-vs-a-link-on-apologetics-index Landmark Education vs. a link on Apologetics Index], Religion News Blog, Netherlands, November 17, 2006, Anton and Janet Hein-Hudson</ref> Further information on this matter appears on the [http://www.apologeticsindex.org/l30.html Apologetics page] devoted to Landmark Education.
[http://www.religionnewsblog.com/16570/landmark-education-vs-a-link-on-apologetics-index Landmark Education vs. a link on Apologetics Index], Religion News Blog, Netherlands, November 17, 2006, Anton and Janet Hein-Hudson</ref> Further information on this matter appears on the [http://www.apologeticsindex.org/l30.html Apologetics page] devoted to Landmark Education.


Within the same period of time, Landmark Education also sent a cease-and-desist letter threatening legal action to the Internet service provider of the ''Cult Awareness and Information Center'' website, "StudioSolutions", in Australia. Landmark again used the argument of alleged copyright infringement of material from their "Landmark Forum Leader's Manual".<ref>
Within the same period of time, Landmark Education also sent a cease-and-desist letter threatening legal action to the [[Internet service provider]] of the ''Cult Awareness and Information Center'' website, "StudioSolutions", in Australia. Landmark again used the argument of alleged copyright infringement of material from their "Landmark Forum Leader's Manual".<ref>
[https://www.eff.org/legal/cases/landmark/caic_notice.pdf "Cease and desist" letter], Landmark Education, to StudioSolutions, concerning ''Cult Awareness and Information Centre'', 13 November 2006.</ref>
[https://www.eff.org/legal/cases/landmark/caic_notice.pdf "Cease and desist" letter], Landmark Education, to StudioSolutions, concerning ''Cult Awareness and Information Centre'', 13 November 2006.</ref>


The Electronic Frontier Foundation issued a statement in a post on their website regarding Landmark Education's legal letters in Amsterdam and Australia, entitled: [https://www.eff.org/deeplinks/archives/005013.php "Landmark Forum's Internet Censorship Campaign Goes Down Under"].
The Electronic Frontier Foundation issued a statement in a post on their website regarding Landmark Education's legal letters in Amsterdam and Australia, entitled: [https://www.eff.org/deeplinks/archives/005013.php "Landmark Forum's Internet Censorship Campaign Goes Down Under"]. The post includes a request to Landmark's General Counsel Art Schreiber, utilizing some [[Landmark Education jargon]] (''take a stand'', ''racket'', ''winning formula''):
<blockquote>

In public statements, Landmark General Counsel Art Schreiber insists that Landmark supports free speech. We urge Landmark to take a stand for the principles of free expression and get out of the censorship racket&mdash;the answer to criticism is to explain and promote your own view. Landmark may believe that using copyright notices to takedown criticism is a winning formula, but it will ultimately come back to haunt Landmark.<ref>
[https://www.eff.org/deeplinks/archives/005013.php Landmark Forum's Internet Censorship Campaign Goes Down Under], Electronic Frontier Foundation, 17 November 2006.</ref></blockquote>


In an agreement reached on 30 November 2006, Landmark Education withdrew their subpoenas against Internet Archive and the anonymous poster to Google Video.<ref>
In an agreement reached on 30 November 2006, Landmark Education withdrew their subpoenas against Internet Archive and the anonymous poster to Google Video.<ref>
Line 88: Line 185:


The [[:fr:Protagonistes du débat sur les sectes en France#CICNS|Centre d'Information et de Conseil des Nouvelles Spiritualités (CICNS)]], a French association for the defense of religious freedom and conscience, criticized the documentary for its lack of contradictory debate, stating that the program is "an undertaking of destruction of Landmark Education".<ref>{{Cite web|author=CICNS |title=Émission "pièces à conviction du Lundi 24 mai 2004 su France 3 : ''Voyage au pays des nouveaux gourous''" |url=http://www.sectes-infos.net/Television.htm#2 |publisher=''Sectes-infos'' |language=French |accessdate=23 August 2009}}</ref>
The [[:fr:Protagonistes du débat sur les sectes en France#CICNS|Centre d'Information et de Conseil des Nouvelles Spiritualités (CICNS)]], a French association for the defense of religious freedom and conscience, criticized the documentary for its lack of contradictory debate, stating that the program is "an undertaking of destruction of Landmark Education".<ref>{{Cite web|author=CICNS |title=Émission "pièces à conviction du Lundi 24 mai 2004 su France 3 : ''Voyage au pays des nouveaux gourous''" |url=http://www.sectes-infos.net/Television.htm#2 |publisher=''Sectes-infos'' |language=French |accessdate=23 August 2009}}</ref>

==See also==
* [[About-Picard law]]
* ''[[The Century of the Self]]'', [http://video.google.com/videoplay?docid=-6111922724894802811&q=CENTURY+OF+THE+SELF episode part 3 of 4]
* [[Human Potential Movement]]
* [[Investigative journalism]]
* [[MIVILUDES]]
* [[Parliamentary Commission about Cults in France|Parliamentary Commission on Cults in France]]
* [[Status of religious freedom in France]]


==References and footnotes==
==References and footnotes==
{{Reflist|2}}
{{Reflist|2}}


==External links==
* [https://www.eff.org/legal/cases/landmark/ Landmark and the Internet Archive], [[Electronic Frontier Foundation]]
* [https://www.eff.org/legal/cases/landmark/landmark_motion_quash_draft.pdf Draft Motion to Quash Landmark Subpoena], 8 November 2006
* [http://cftf.com/french/Les_Sectes_en_France/cults.html Cults in France], Recorded with the Presidency of the [[French National Assembly|National Assembly]] on 22 December 1995, Mr. Alain Gest, Reporter, Mr. Jacques Guyard, Deputies. [[French National Assembly|National Assembly]], Tenth Legislature.
* [http://www.landmarkeducation.fr/menu.jsp?top=20447&siteObjectID=21551 Réponse officielle à France 3], Landmark Education's response to the [[France 3]] documentary.
* [http://www.miviludes.gouv.fr/article.php3?id_article=78 Presentation of International Landmark Education], Interdepartmental Mission of Vigilance and Fight Against Sectarian Drifts, [http://translate.google.com/translate?hl=en&sl=fr&u=http://www.miviludes.gouv.fr/article.php3%3Fid_article%3D78&sa=X&oi=translate&resnum=3&ct=result&prev=/search%3Fq%3D%2522landmark%2Beducation%2522%2Bfrance%26start%3D20%26hl%3Den%26lr%3D%26sa%3DN (translated)]
;Media/Press
* [http://www.washingtonpost.com/wp-dyn/content/article/2006/11/10/AR2006111001790.html Google faces legal challenges over video service], ''[[The Washington Post]]'', 10 November 2006
* [http://presszoom.com/story_120492.html Landmark Forum Violates Constitution and Federal Law by Trying to Chill Speech], PressZoom, 1 November 2006
* [http://www.p2pnet.net/story/10385 Landmark Ed, EFF, negotiations], p2pnet.net News, 10 November 2006
*[http://techalley.cirne.com/2006/11/22/eff-on-landmark-educations-dmca-subpeona-621/ Video interview with Kurt Opsahl], interview with Attorney for [[Electronic Frontier Foundation]], regarding Landmark's DMCA Subpoenas, November 2006
* [http://www.redherring.com/Article.aspx?a=19552&hed=Landmark+Fires+Back+at+EFF&sector=Industries&subsector=EntertainmentAndMedia Landmark Education Fires Back At EFF], [[Redherring.com]]
*[http://news.warez.com/p2pnet/youtube-copyright-row-141106084230.html YouTube Copyright row], Warez.com News, 14 November 2006
*[http://www.informationweek.com/management/showArticle.jhtml?articleID=196601049 Landmark Drops Copyright Infringement Subpoenas On Google And Anonymous Critic], ''[[InformationWeek]]'', December 1, 2006.
* [http://www.prevensectes.com/rev0505.htm#19d "At home with the gurus in neckties"], ''[[Nouvel Observateur]]'', French newspaper, 19 May 2005, by Marie Lemonnier.


{{commons|Category:Landmark Education and the Internet Archive}}
{{commons|Category:Landmark Education and the Internet Archive}}

Revision as of 09:06, 17 September 2014

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
(Incriminating Evidence)
(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, Landmark Education spokeswoman and 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 Education volunteer;
Mona Vasquez, former Scientology member;
Laurent Mournais, former participant;
Brigitte Thelier, former participant;
Pierre, anonymous former participant;
Thomas Lardeur, consultant;
Arnaud Palisson, intelligence officer and author of A Major Enquiry on Scientology
Edited byPascal Richard,
Lionel de Coninck
Emmanuel Charrieras
Distributed byFrance 3
Release date
24 May 2004
Running time
65 minutes
CountryFrance France
LanguageFrench

Voyage au pays des nouveaux gourous (Voyage to the Land of the New Gurus) is a French television-documentary. It presented an investigation of the activities of Landmark Education. The investigative journalism program Pièces à Conviction [Incriminating Evidence] started filming the documentary in 2003, and the channel France 3 broadcast it in France on 24 May 2004.

Background

Werner Erhard (born John Paul Rosenberg), a California-based former salesman, training manager and executive in the encyclopedia business,[1][2] created the Erhard Seminars Training (est) course in 1971.[3] est was a form of Large Group Awareness Training,[4][5] and was part of the Human Potential Movement.[6] est was a four-day, 60-hour self-help program given to groups of 250 people at a time.[7] The program was very intensive: each day would contain 15–20 hours of instruction.[6] During the training, est personnel utilized jargon to convey key concepts, and participants had to agree to certain rules which remained in effect for the duration of the course.[8] Participants were taught that they were responsible for their life outcomes, and were promised a dramatic change in their self-perception.[6]

est was controversial: critics characterized the training methods as brainwashing,[9][10][11][12] and suggested that the program had fascistic and narcissistic tendencies.[6] Proponents asserted that it had a profoundly positive impact on people's lives.[6] By 1977 over 100,000 people completed the est training, including public figures and mental health professionals.[6] In 1985, Werner Erhard and Associates repackaged the course as "The Forum", a seminar focused on "goal-oriented breakthroughs".[3] By 1988, approximately one million people had taken some form of the trainings.[3] In the early 1990s Erhard faced family problems, as well as tax problems that were eventually resolved in his favor.[3][13][14] A group of his associates formed the company Landmark Education in 1991, purchasing The Forum's course "technology" from Erhard.[3]

Subjects of the program

The documentary included Alain Roth, a Landmark Forum leader and former head of Landmark Education's now defunct division in France.

Part of the documentary recounts how journalists from Pièces à Conviction 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 even as "cult-like", and disparages the view that its business depends on brainwashing. In support of her contention, she cites three academics: Dr. Raymond Fowler (former president of the American Psychological Association), Prof. Dr. Norbert Nedopil (Chief, department of forensic psychiatry, University of Munich,[15] and French psychiatrist Jean-Marie Abgrall. Landmark paid Abgrall to do a report[16] on it, but later in the documentary Abgrall denies that he took a position either way on characterising Landmark as a cult or not.

On-screen commentators

France 3's Pièces à Conviction series brought in several noted French academics and authors to sit on its commentator-panel during the program. And apart from those discussed below, the program included Jocelyne Berthelot (a participant in Landmark Education and a Landmark Education volunteer); former Landmark Education participants Laurent Mournais and Brigitte Thelier; and a person using the pseudonym "Pierre". Other notable commentators included attorney Olivier Morice, politician Phillippe Vuilque, Catherine Picard, president of UNADFI, and Gilles Bottine, secretary general of MIVILUDES.

Solicitor 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 [Cults], and founded the department of "victimology related to the sectarian harmful effect" at the University of Lyon.

Asked to give his expert opinion on the Landmark Forum, and to analyze why individuals did not leave the room, Jougla painted a picture of the enrollees "in a state that made it impossible to leave". He went on further to describe what he referred to as "mental manipulation", and stated that one can often accomplished brainwashing 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 characterize "mental manipulation" as just that: it happens "without the victim knowing it".

Later, Jougla commented on what he called the "doctrine" inherent within Landmark Education, stating that: "What influences public opinion is only the storefront." He believes that certain cults hide behind a "religious pretense". However, he also stated that though Landmark Education lacks a religious element, an evident doctrine still exists. He went on to describe this doctrine as Landmark Education's "concept of authenticity": 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 La mécanique des sectes (Payot 1996 et 2004, ISBN 2-228-89505-9), which has appeared translated into at least ten different languages (English-language translation: Soul Snatchers: The Mechanics of Cults, published by Algora, 1999: ISBN 1-892941-04-X). He has served as an expert witness in the Supreme Court of Appeal {Court of Cassation (France) | Cour de cassation) and in the Court for Businesses (Tribunal de commerce) in France on the subject of cults.[citation needed] Landmark Education paid Abgrall 45,600 Euros to write a positive report on itself in 2001, and to declare the organization "not a cult".

Pièces a Conviction staff interviewed Abgrall and asked him 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 point out that "[t]here is no control of a psychologist". He continued by elaborating on his concern of the lack of training of the individuals who led 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."

This interview also appeared in Le Parisien.[17] (MILS, the predecessor to MIVILUDES, dismissed Abgrall in consequence of a conflict of interest regarding the payment he accepted from Landmark Education.[18]

Deputy mayor Jean-Pierre Brard

Jean-Pierre Brard, the deputy-mayor of Montreuil, served as the vice-president of the Parliamentary Commission on Cults in France (Commission parlementaire sur les sectes en France) which reported its investigation on cults in France to the French National Assembly in 1995.

The television host Elise Lucet asked Brard to explain why his committee had classified Landmark Education as a cult, without performing direct empirical research through observation. Jean-Pierre Brard explained the position of the investigating committee on cults. He stated that there's a guru who destabilizes people to enslave them, to make them subservient, which has been said by witnesses. He also stated that features of the Landmark Forum's structure "make you relinquish critical thought, and break the person down so that they can pick up the pieces." He also referred to a "network of money", stating that "The ultimate goal is to press its power and clean out the students' wallets. And by using the students, to attempt to earn more." He summarized his position by pointing to three main criteria: "domination, a network of money, subordination and brainwashing. So it's a sect."

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: "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

Mona Vasquez wrote the book Et Satan créa la secte [Satan Created the Cult: Memoirs of an escapee]. A member of Scientology for seven years, she appears in the documentary addressing what she sees as extensive and precise similarities between Scientology and Landmark Education, especially the use of jargon.

Response and commentary

Allegations concerning fine

A statement released in French by Landmark Education hints that France 3 preferred to risk a "tiny" fine for a violation of the media's code of ethics rather than present a documentary more favorable to Landmark Education.[19]

Landmark Education's reply

Under French law, when journalists or the media mention or allude to an entity, that entity has a legal right of reply, and the media must publish that reply.[20] Landmark Education's response started by thanking France 3 for publishing the response without adding extensive sound-effects[citation needed] as it did in the broadcast. Landmark Education denied some of the points made in the documentary. (France 3 subsequently cancelled a scheduled rebroadcast[citation needed] and (according to Landmark Education) removed a transcript from its web-site. Note that the France 3 website in 2004 generally held copies, but not transcripts, of Pièces à Conviction broadcasts.)

In Landmark Education's legal right-of-reply to France 3's documentary, a woman, after having seen the broadcast, complained: "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." She went on to express her dismay at the manner in which the broadcast showed only a part of her conversation. Though she characterized the conversation itself as "difficult", she maintained that it enabled her to "live better" and to have a better relationship with her daughter.[21]

Landmark Education responded to France 3's insinuation that Landmark Education gained large sums of money by using volunteers in France. It stated 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.[21]

Landmark Education commented on Dr. Jean Marie Abgrall's position in its reply, stating that Dr. Abgrall had declared that, with regard to the ten elements identified by the Parliamentary Commission about Cults in France, only four "minor characteristics" applied to Landmark Education, but that "None of the six relative major elements of a cult applies to Landmark Education".[21]

Art Schreiber, the General Counsel and Chairman of the Board of Directors of Landmark Education, commented on the France 3 broadcast in Landmark Education's subpoena to Google in 2006. He stated that "the apparent purpose of the report was to portray Landmark Education as a harmful cult." Schreiber went on to assert that the program contained inaccurate, biased statements as well as serious unfounded accusations. He accused France 3 of operating unprofessionally, and "using tactics including lying, manipulating, using illegally obtained materials, and intentionally presenting materials out of context." He claimed that France 3 had used unauthorized confidential footage of the Landmark Forum, shot by an undercover reporter attending the course under a false name. He stated that after the broadcast of the documentary 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." Schreiber claimed that after receiving the letter, France 3 removed a transcript of the broadcast from their web site.[22]

In its reply, Landmark Education also quoted a 1995 letter from Dr. Raymond Fowler, past President of the American Psychological Association, which reflected his personal opinion. The Fowler letter stated that: "In my opinion, the Landmark Forum is not a cult or anything like a cult, and I do not see how any reasonable, responsible person could say that it is." Fowler went on to provide lack of evidence, stating that he did not directly witness anything in his experience of the Landmark Forum course that could be harmful to the course participants. Fowler expressed the belief that if the French government were to "look at the question more closely", they would conclude that Landmark Education appeared on the list of cults in error.[23]

Commentary from Pièces à Conviction personnel

Pascal Richard, Editor-in-Chief of Pieces a conviction drew attention to the special circumstances of this documentary in a note on the show's official web-page. Richard described the program as a "difficult broadcast", which utilized the "modern tools of television". He went on to state that only through the use of hidden cameras and microphones could the producers "go the extra mile and deliver the facts". Richard stated that only by using these techniques could the journalists get past the "slick facade" projected by "this unusual group", as well as the statements which had been "carefully prepared and organized by a New-York communications firm".[24]

(The France 3 web-site continued to make these comments available on the web until at least the time of the archiving of the version dated 13 July 2004. By 10 October 2004 the monthly program's web-page had moved on in the normal manner of operation — to featuring more recent episodes of Pièces à Conviction.)

Repercussions

In France, Landmark Education "assistants" (participants in the Landmark Education Assisting Program) had the apparent French legal status of volunteer unpaid workers. In June 2004, a month after the Pièces à Conviction program aired, a French government agency (L’Inspection du Travail, "Labour Inspection") investigated labor practices regarding these volunteer workers, and sent a report to the government.

According to a report published by the Nouvel Observateur, on July 2004, Landmark Forum graduates arrived at the offices to find the doors locked. The French branch of Landmark Education had officially shut down. Semi-officially, the Landmark staff moved their operation to London and continued to recruit in France. As of May 2005, persons involved in the organization in France continued to communicate with each other via the Internet. Graduates met together and acknowledged that they felt they had lost a "family", and expressed deep regrets that they could no longer continue "to bring transformation to people".[16][25]

Report of the 1995 French Parliamentary Commission of Inquiry into Cults

The documentary refers to the 1995 report of the Parliamentary Commission of Inquiry into Cults {Rapport fait au nom de la Commission d'enquête sur les sectes) which listed Landmark Education (Landmark education international - Le forum") as a secte (cult).

Coincidentally, on 27 May 2005 — a year after France 3 broadcast the documentary and many months after Landmark Education's operations in France had diminished to unofficial groups keeping in touch via the Internet — the then Prime Minister of France Jean-Pierre Raffarin issued a circulaire on the ongoing fight against cults in France. The circulaire suggests that the list of specific cults appended to the report of the 1995 Parliamentary Commission 1995 had become less pertinent — because of the way in which organizations had changed and morphed and come to use the Internet — and suggested that in certain cases his civil servants should avoid depending on generic lists of groups.[26]

The documentary on the Internet

From September 2006 onwards, anonymous posters sent copies of the documentary — including versions with English-language subtitles — to several video-sharing web-sites and bitTorrent sites.[27]

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 details of the identity of the person(s) who had uploaded copies (with English-language subtitles) to these websites.

Challenges to Landmark Education's efforts arose on multiple fronts. The Internet Archive commenced fighting its subpoena from Landmark Education, and the Electronic Frontier Foundation (EFF) filed official objections on its behalf. The EFF (operating on behalf of the anonymous entity who uploaded the video) also planned to file a motion to quash Landmark's DMCA subpoena to Google Video. Google advised Landmark that it would not produce the requested information pending a ruling on that motion. YouTube sent notification to the user about its subpoena, and planned to give the user a reasonable opportunity to move to quash it.[28]

Art Schreiber, Chairman of the Board of Directors of Landmark Education, commented on the issue, raising issues of intellectual property (IP) in RedHerring Magazine in an article dated 2006-11-03. Schreiber affirmed that the Electronic Frontier Foundation had released a statement characterizing Landmark Education's copyright claims to the documentary as "bogus". He went on to portray the claim of the Electronic Frontier Foundation as "entirely inaccurate".[29]

On 8 November 2006 the Electronic Frontier Foundation posted a Draft Motion to Quash Landmark Subpoena on their website.[30] Independent filmmaker Enric Cirne interviewed a representative from the Electronic Frontier Foundation on Landmark Education's usage of the Digital Millennium Copyright Act.[31] Cirne also interviewed another staff attorney on-camera about the Electronic Frontier Foundation's actions regarding the issuing of the DMCA subpoenas.[32]

On 9 November 2006 the Electronic Frontier Foundation responded to Art Schreiber's commentary and raised the issue of fair use in a post entitled "EFF and Landmark: Cards on the Table". In their statement, the Electronic Frontier Foundation argued that any use of alleged material — even if it were copyrighted — occurred "for purposes of criticism and commentary" and constituted a "non-infringing fair use". The Electronic Frontier Foundation asserted that Landmark's copyright claim remained "bogus".[33]

On 10 November 2006, the Reuters newsservice published an article about the dispute.[34]The Washington Post and many other news sources subsequently disseminated this article.

The Cult Awareness Information Centre (Australia: http://www.caic.org.au/ ) has made a non-official copy of the video available in flash video format. The Electronic Frontier Foundation has cited this location,[35] as has an article about Landmark Education on the "Yad L'Achim website,[36] InformationWeek[37] and Yahoo! News.[38]

On 17 November 2006, the Apologetics Index website received a "cease and desist" letter from attorneys in Amsterdam representing Landmark Education. The letter stated that Landmark Education demanded Apologetics Index remove their hyperlink to the Cult Awareness Information Centre's streaming video version of the documentary, due to alleged "copyright infringement" of their "Landmark Forum Leaders Manual" (TXu 1-120-461). The Apologetics Index responded on their site that after reading the responses from the Electronic Frontier Foundation, they did not intend to comply with Landmark's demands.[39] Further information on this matter appears on the Apologetics page devoted to Landmark Education.

Within the same period of time, Landmark Education also sent a cease-and-desist letter threatening legal action to the Internet service provider of the Cult Awareness and Information Center website, "StudioSolutions", in Australia. Landmark again used the argument of alleged copyright infringement of material from their "Landmark Forum Leader's Manual".[40]

The Electronic Frontier Foundation issued a statement in a post on their website regarding Landmark Education's legal letters in Amsterdam and Australia, entitled: "Landmark Forum's Internet Censorship Campaign Goes Down Under". The post includes a request to Landmark's General Counsel Art Schreiber, utilizing some Landmark Education jargon (take a stand, racket, winning formula):

In public statements, Landmark General Counsel Art Schreiber insists that Landmark supports free speech. We urge Landmark to take a stand for the principles of free expression and get out of the censorship racket—the answer to criticism is to explain and promote your own view. Landmark may believe that using copyright notices to takedown criticism is a winning formula, but it will ultimately come back to haunt Landmark.[41]

In an agreement reached on 30 November 2006, Landmark Education withdrew their subpoenas against Internet Archive and the anonymous poster to Google Video.[42] The settlement included the acknowledgment that the poster of the video will not repost it to the Internet "in whole or in part."[43]

The Centre d'Information et de Conseil des Nouvelles Spiritualités (CICNS), a French association for the defense of religious freedom and conscience, criticized the documentary for its lack of contradictory debate, stating that the program is "an undertaking of destruction of Landmark Education".[44]

See also

References and footnotes

  1. ^ Bartley, William Warren (1978). Werner Erhard The Transformation of a Man: The Founding of EST. Clarkson Potter. pp. 84, 90. ISBN 0-517-53502-5.
  2. ^ Pressman, Steven (1993). Outrageous Betrayal: The Dark Journey of Werner Erhard from est to Exile. New York: St. Martin's Press. pp. 5–7. ISBN 0-312-09296-2. OCLC 27897209.
  3. ^ a b c d e Hukill, Tracy (July 9, 1998). "The est of Friends: Werner Erhard's protégés and siblings carry the torch for a '90s incarnation of the '70s 'training' that some of us just didn't get". Metro Silicon Valley. Metro Newspapers. Archived from the original on 2009-10-21. Retrieved 2008-04-11.
  4. ^ Fisher, Jeffrey D.; Cohen Silver, Roxane; Chinsky, Jack M.; Goff, Barry; Klar, Yechiel (1990). Evaluating a Large Group Awareness Training. New York: Springer-Verlag. p. 142. ISBN 0-387-97320-6.
  5. ^ Denison, Charles Wayne (June 1995). "The children of EST: A study of the experience and perceived effects of a large group awareness training". Dissertation Abstracts International. 55 (12-B). Ann Arbor, Michigan: University Microfilms International: 5564. ISSN 0419-4217.
  6. ^ a b c d e f McGurk, William S. (June 1977). "Was Ist est?". Contemporary Psychology: APA Review of Books. 22 (6): pp. 459–460. {{cite journal}}: |pages= has extra text (help)
  7. ^ Berzins, Zane (February 6, 1977). "Getting It". The New York Times Book Review. 82. The New York Times Company: 25.
  8. ^ Bader, Barbara (Editor) (July 15, 1976). "Getting It". Kirkus Reviews. 44 (Part II, Section No. 14): p. 821. {{cite journal}}: |first= has generic name (help); |page= has extra text (help)
  9. ^ Brewer, Mark (August 1975). "We're Gonna Tear You Down and Put You Back Together". Psychology Today.
  10. ^ Lande, Nathaniel (October 1976). Mindstyles, Lifestyles: A Comprehensive Overview of Today's Life-changing Philosophies. Price/Stern/Sloan. p. 135. ISBN 0-8431-0414-7.
  11. ^ Koocher, Gerald P.; Patricia Keith-Spiegel (1998). Ethics in Psychology: Professional Standards and Cases. Oxford University Press. p. 111. ISBN 0-19-509201-5.
  12. ^ Bardini, Thierry (2000). Bootstrapping: Douglas Engelbart, Coevolution, and the Origins of Personal Computing. Stanford University Press. p. 205. ISBN 0-8047-3871-8.
  13. ^ Faltermayer, Charlotte (2001-06-24). "The Best Of Est?". Time. Retrieved 2007-09-28.
  14. ^ "Leader of est movement wins $200,000 from IRS". Daily News of Los Angeles. Los Angeles, California. September 12, 1996.
  15. ^ Homepage, Abteilung für Forensische Psychiatrie, Klinikum Innenstadt der Universität München
  16. ^ a b English translation of Nouvel Observateur timeline.
  17. ^ "The embarrassing report of the anti-cult expert", Le Parisien, 28 May 2004.
  18. ^ Le Nice Matin, 29 May 2004.
  19. ^ Malheureusement, considérant que les amendes à payer sont minimes pour une violation du code de déontologie des médias, France 3 a décidé qu'il valait mieux pour son taux d'audimat payer ces amendes symboliques plutôt qu'offrir au public le reportage juste et objectif qu'il était en droit d'attendre.
    Translation:
    "Unfortunately, seeing how minimal the fines are for a breach of the media Code of Practice, France 3 determined it better for its audience share statistics to pay this symbolic fine rather than to offer the public the fair and objective reporting which it had the right to expect."
    Unattributed statement published on Landmark Education's French web-site at http://www.landmarkeducation.fr/menu.jsp?top=20447&siteObjectID=21551
  20. ^ http://www.mediawise.org.uk/files/uploaded/Right%20of%20reply%20in%20Europe.pdf
  21. ^ a b c Landmark Education's legal right of reply, translated
  22. ^ Subpoena to Google, Art Schreiber, October 2006
  23. ^ English Letter, 1995, Landmark Education website, Document number "L-014E".
  24. ^ Archived version of the Pieces a conviction web-page of 6 June 2004
    C'est une émission difficile qui n'a pas l'écriture habituelle de Pièces à Conviction. Nous avons pris ici le parti de nous servir des outils de TV modernes, comme ces caméras et ces micros dissimulés. C'était, en effet, notre seul moyen d'aller au-delà et de livrer l'info. Le seul moyen aussi de capter une autre réalité que la façade lisse qu'aimerait montrer cette étrange société. Et d'aller au-delà des discours soigneusement préparés et organisés par une société de communication new-yorkaise. [Translation: This was a difficult broadcast, one which did not have the usual Pièces à Conviction signature. In this case we adopted the use of the tools of modern television, such as these hidden cameras and microphones. Indeed, only in this way could we go the extra mile and deliver the facts. Also, only in this way could we get a different reality, rather than the slick facade which this unusual group would like to project. And to get beyond the statements carefully prepared and organized by a New-York communications firm.]
  25. ^ A short timeline in French.
  26. ^ Circulaire du 27 mai 2005 relative à la lutte contre les dérives sectaires
  27. ^ Self-Help Group Backs Off Attack on Internet Critic, Electronic Frontier Foundation, November 30, 2006.
  28. ^ Landmark and the Internet Archive. Landmark's Letter to the Internet Archive. Landmark's Letter to Google. Internet Archive's Objections to Landmark Subpoena.
  29. ^ Landmark Education Fires Back At EFF, Redherring.com
    “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.”
  30. ^ Landmark and the Internet Archive
  31. ^ Video Interview with Electronic Frontier Foundation, Enric Cirne, 8 November 2006, Tech Alley.
  32. ^ Second Video Interview with Electronic Frontier Foundation, Enric Cirne, November, 2006, Tech Alley.
  33. ^ "EFF and Landmark: Cards on the Table", Electronic Frontier Foundation, 9 November 2006
    "While we appreciate the kind words, we disagree with Mr. Schreiber's copyright analysis. To the extent that the documentary includes any materials copyrighted by Landmark, that use is clearly for purposes of criticism and commentary, i.e., a non-infringing fair use. Yesterday we released a draft of our motion to quash, which explains in detail (see pages 11-16) why Landmark's copyright claim does not hold water. Indeed, it's not even a close call. Sorry, Landmark, but your claim is still bogus."
  34. ^ "Google faces legal challenges over video service"
  35. ^ Landmark and the Internet Archive, Electronic Frontier Foundation, case page, Landmark's Misuse of the Digital Millennium Copyright Act
  36. ^ Landmark Education piece (Hebrew), About Yad L'Achim (English), 2006.
  37. ^ Landmark Drops Copyright Infringement Subpoenas On Google And Anonymous Critic, InformationWeek, 1 December 2006
  38. ^ TechWeb article, Yahoo! News, 1 December 2006.
  39. ^ Landmark Education vs. a link on Apologetics Index, Religion News Blog, Netherlands, November 17, 2006, Anton and Janet Hein-Hudson
  40. ^ "Cease and desist" letter, Landmark Education, to StudioSolutions, concerning Cult Awareness and Information Centre, 13 November 2006.
  41. ^ Landmark Forum's Internet Censorship Campaign Goes Down Under, Electronic Frontier Foundation, 17 November 2006.
  42. ^ Self-Help Group Backs Off Attack on Internet Critic, Electronic Frontier Foundation, November 30, 2006.
    "In a settlement reached Tuesday, Landmark agreed to withdraw the subpoena to Google and end its quest to pierce the anonymity of the video's poster. Landmark has also withdrawn its subpoena to the Internet Archive. EFF represents both the anonymous critic and the Internet Archive."
  43. ^ Settlement agreement
    "[has removed the video] from Google and all other internet sites upon which he/she/it posted the video, and further agrees not to re-post the Video in any form on Google or any other internet site in whole or in part."
  44. ^ CICNS. "Émission "pièces à conviction du Lundi 24 mai 2004 su France 3 : Voyage au pays des nouveaux gourous"" (in French). Sectes-infos. Retrieved 23 August 2009. {{cite web}}: Italic or bold markup not allowed in: |publisher= (help)

External links

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