Law – Page 24 – A Good Beer Blog

The Greatest Cease And Desist Letter Ever!!!

And just in time for Christmas…

Normally, one would not like a cease and desist letter claiming that one had breached someones intellectual property rights. I mean we as bloggers are supposed to get all hot and bothered about these things, right? We’re living in the post-legal mash up paradise promised by the Boingsters back when blogs were new, right?? Well, that all came crumbling down yesterday when the following love letter popped into my inbox:

The undersigned declares under penalty of perjury that I am authorized to act on behalf of the above referenced author, the owner of copyright in the Intellectual Property, and Hachette Book Group, Inc., the exclusive US publisher of the Intellectual Property, including without limitation, the cover and other art incorporated therein (collectively, the “IP Owner”). I have a good faith belief that the materials identified below are not authorized by the IP Owner, her agent, or the law and therefore infringe the IP Owner’s rights according to federal and state law. Accordingly, we hereby demand that you immediately remove and/or disable access of the infringing material identified below.

Frig, said I. I am a lawyer. I know when the jig is up. For a second, it was like the ending of “The Public Enemy” and I was Jimmy Cagney. But when I looked at the link I knew what was going on. See, six years ago, I posted about how great it was that I had found the text to a 1987 article in The Atlantic magazine called “A Glass of Handmade” by William Least Heat Moon, a bit of writing that was my introduction to thinking about good beer. And I tucked away a copy of the text in the articles section of this blog because I was sure it was fluke that I had found it and that I would never find it again, assuming all copies of that issue had long been sent to the dump or lodged in the back of a barbershop I would never visit. Flash forward six years and, once I realized what was going on, I removed the article from public view and, just like that, me and the lawyers at Hachette Book Group were at peace. In fact, they were quite nice about it and let me know what is going on and it is good news:

Thanks for removing the essay from your site. We appreciate it! And, yes, it is included in Here, There, Elsewhere which comes out on January 8th.

So, now no need to have the article squirreled away from fear it would disappear from knowledge. You can get your own copy of Here, There, Elsewhere: Stories from the Road by William Least Heat-Moon on discounted pre-order from Amazon right now. A little late for Christmas but as important an essay on early US craft beer as there is. I can’t encourage you to get your own copy enough.

And I can confirm that this endorsement is not part of any legal settlement!

Is Good and Craft Beer Really A Form Of Temperance?

Yesterday, Jeff reviewed the stated purposes of Oregon’s Liquor Control Act of 1934 as part of an exploration of the regulation of strong drink in his state. Lew has been writing along a similar line for some time on his separate blog Why The PLCB Should Be Abolished. Cass has been running a similar campaign here in Ontario at FreeOurBeer.ca. I like these campaigns as anyone should who lives in a jurisdiction with a sensory lab. It is, after all, just beer.

But one of the odder things about the good beer discussion is sometimes a bit of pressure to sing of the same song sheet. When I posed a category titled “Beer Bloggers Against Drunk Driving” there is a bit of a chilly response, the idea that one ought not to introduce anything negative into the conversation. One should not have a strong opposite view that asks why good beer might be a wee bit obsessively too central to the world view of those who write about it. It is, after all, a drug.

All that comes to mind for me when I look at the values Oregonianites captured in that law of 1934, we see words that sit in a middle ground, that challenge me to ask how I think about them now almost 80 years later:

(a) To prevent the recurrence of abuses associated with saloons or resorts for the consumption of alcoholic beverages.
(b) To eliminate the evils of unlicensed and unlawful manufacture, selling and disposing of such beverages and to promote temperance in the use and consumption of alcoholic beverages.
(c) To protect the safety, welfare, health, peace and morals of the people of the state.

I have been thinking about words like these a bit lately. They don’t seem to me as bad as the discussion might have led us to believe. In the comments following his post, Jeff raised the spectre of that darling of pre-WWI American prohibitionists, Carrie Nation. I noted that Carrie Nation was not a proponent of temperance but of abstinence. See, my point is that preventing abuse, promoting temperance as well as protecting peace and morals is pretty much what much of western culture wants when it goes to work or mows the front lawn or sends the kids to school. Which may mean we have to consider that in the end maybe temperance won and much of western culture is the better for it. None one advocates for abuse, intemperance, peacelessness and immorality. Of course not, no more than you would support other scourges of 1800s life like child labour or lack of public health. We underestimate or dismiss how more widespread and heavier drinking was then compared to now and how it may have come smashing into conflict with industrialized urban life.

So, is good beer the natural descendant of the temperance movement? Just as lower alcohol lager was presented as a temperance drink in the latter 1800s, is tastier beer now conveying the notion that mass produced beer need not be mass consumed? This is not to say that the liquor control boards should not be undone. I want to buy my beer in cornerstores and gas stations in Ontario like I can in nearby Quebec and New York. But should we reject all? What values can you not support? What regulations would you keep?

Vic… Let Me Tell You A Little Something About Me

Canadian Minister of Public Safety Vic Toews has found himself caught in a 1998 style flame war that would be the pride of usenet. As the Federation devolves, this is the sort of thing that entertains. Most fun is not the fact that it appears his nemesis is related to an opposition party but the surprise experienced by so many Canadians this evening that someone in the opposition has the gumption – I said it, gumption – to, you know, oppose:

An IP address connected to what is known as the Vikileaks30 Twitter account — which has been burning up the Twittersphere with claims about Public Safety Minister Vic Toews’ personal life — originates within the House of Commons. In a bid to determine the origin of the account, which posted a string of tweets online offering alleged details relating to Toews’s divorce proceedings, the Ottawa Citizen undertook an investigation on Thursday. An email was sent to the writer of the Vikileaks30 Twitter account, containing a link to a website. The website was monitored by the Citizen and only the author of Vikileaks30 had the address of the website. About 15 minutes after sending the email, Vikileaks30 opened the link and visited the page, leaving behind an IP address that belongs to the House of Commons.

Sadly, the needy CBC hipster class of Canadian sees all and learns nothing, considering it “…lovable inclusiveness…a very Canadian kind of protest.” Mr. Taylor is really only upset that his gang did not think of it first.

Friday Bullets For The Week Of The Blackout

The power went out. From 3 pm to midnight yesterday. Sat around in one room for the evening and marveled at the power of the battery. I tweeted and listened to radio. Ice was to blame. Ice from the sky. Fortunately, it appears to have rained all night washing away the coating. A few trees in the neighbourhood fell. Now, there is good reason to have those ribs in the freezer:

♦ I like beer as much as the next guy. Probably more. But I am not sure why one of Ontario’s less interesting brewers deserved $1,000,000 in tax support annually.
♦ Really? I assume the PM does not know every implication of every Federal legal brief. And besides. If the brief was correct in relation to same sex marriage, it also means that the same is true for different sex marriage – if you don’t meet a foreign level of consanguinity in your home country, a Canadian marriage would not be valid. No one believes that.
♦ Let’s be clear, then. I am the guy who backed Harper this week, not the National Post. No Senate reform, please. No need to entirely lock up Federal governance, Steve.
♦ Scots apparently are not free to make up their minds. Time to revive the Declaration of Arbroath. “It is in truth not for glory, nor riches, nor honours that we are fighting, but for freedom – for that alone, which no honest man gives up but with life itself.” Makes you weepy just thinking about it.

There. Done. Gotta work one more day before the gorging of rib fest begins. Thanks, blackout, for reminding me to make time for ribs.

Friday Bullets For Your Labour Day Weekend

You better be meditating on the benefits we all share from the labour union movement this weekend. “Sure, I’ll take the day off but don’t you dare think for a minute that I like unions.” I can hear you. You hypocritical holidaying ingrates. Me, I will be singing “The International” and all my Billy Bragg 45s and calling everyone I meet comrade or maybe even Leonid.

⇒ WATCH OUT! SPACE JUNK!!!

⇒ Glad that’s cleared up. Italians are now “ethnics” under the rural overlords world view. Next, Scots and Irish and soon New Brunswickers.

⇒ Ernie Eves busts out against those Ontario Tea Party Tory bastards: “I don’t think it was fair and I don’t think it was loyal and I don’t think it was compassionate and I don’t think it’s honest.” Crime: voting for someone. Now, that’s a Tory: anti-democratic and proud of it.

⇒ I have no idea how sad it must be to be a Blue Jays fan. I mean, it’s like they think the team doesn’t suck. See, being a Leafs fan, I know they suck.

⇒ Do we now feel a twinge of guilt for reveling in Conrad’s fall? I will give him this – there is no one else reporting honestly on the state of the back end of the justice system like he is.

Ahh… long weekend. I needed it. I earned it. Really did. Didn’t I. I didn’t? Who says?

When To Have That Beer In Zimbabwe In 2012?

Laws around beer reflect cultural norms both in how they regulate and how they express norms that are unregulated. Consider this proposed reform to the hours of sale law of Zimbabwe:

The Ministry of Health and Child Welfare is crafting its own alcohol policy, which might alter the tough proposals by President Robert Mugabe’s health advisor, Timothy Stamps. Stamps has forwarded to Cabinet a policy document that seeks to force supermarkets, shops and bottle stores to sell alcoholic drinks between 6am and 7pm, while the selling of beer would be banned after mid-day on Sunday.

That comes off as a bit odd. Clearly breakfast time drinking is OK there. Here in Ontario, you can’t serve a beer before 11 am in a licensed establishment even if you can drink well past midnight. But in each case, you get over 12 hours stretch of imbibing. In Kenya you only get six hours. Alaskans get 21 hours in a row – why bother shutting at all?

Canadian Conservatives Are My Kind Of Conservative

Political culture is a weird thing. It doesn’t translate well from nation to nation and leaving the words associated with themselves rather meaningless. Conservative or liberal? Anarchist or patriot? Who know what any of this stuff means? Yet, there are moments when you know that being a Canadian politician means there is one thing you can’t disapprove: beer.

Opposition Leader Tim Hudak says he won’t rule out bringing back “buck a beer” if he becomes premier this fall. “Many folks, myself included, look forward to that $24 two-four on the May 24 weekend,” Hudak told reporters on Monday. “That is now something that has passed under Dalton McGuinty.” The Progressive Conservatives are yet to release their official election platform, but Hudak says he’s committed to reducing the cost of living – and that could include beer prices. “I do hear from people who say ‘Come on, I can’t even get a buck a beer in this province thanks to Dalton McGuinty’s policies,” Hudak said.

Blame the government for the price of beer? Well, you can when the government controls the minimum retail price through a Crown owned corporation and making “recommendations”.Still, no social conservatism that tells us beer is bad… and not even fiscal libertarian conservatism telling us that the LCBO needs to be broken up and privatized. No, it’s the progressives v. the liberals up here for control of the centre… every election time… time after time. Will they actually lower the minimum price if they don’t get in? Hudack says: “We’ll have more to say in the time ahead about some of the ideas we are hearing from Ontario families”. I look forward to what my ten year old advises on this point.

Ontario: Fryfogel’s Tavern, Near New Hamburg, Perth Co.

Ever since I opened my copy of Julia Robert’s In Mixed Company, a history of the taverns of Upper Canada from the 1780s to the 1850s, I have wondered how many of our Upper Canadian pioneer taverns there might be left out there. Well, I passed one today – the Fryfogel Tavern – and thought I would get out of the car and have a look around.

Fryfogel’s Tavern, more graciously called an inn on the official road side sign, has sat by the road between Kitchener and Goderich for 166 years, though it has not apparently acted as a tavern for most of that time. You will recall from last summer’s posts on Ontario’s history that the land to the west of Lake Ontario starts opening up and breweries start opening up in the 1820s and 30s. The Canada Company’s plan of settlement of the area is discussed here and the way of life at the time of 1830s settlement of the district can be found in this letter from an original settler, John Stewart. Each source mentions Mr Fryfogle or Fryfogel when his tavern was a log cabin. Roberts indicates that the later 1840s form of the tavern is in the Georgian style and that this was the template for taverns for much of the pre-Confederation period:

The Georgian style worked well to project an image of prosperity and comfort, particularly in the practical sense that it enabled different activities to go on in the house at the same time.

Owned by the county’s historical foundation, it well kept but something of a shame that it is not in use though that seems to be in the plans. Next to it to the west sits the site of the 1828 cabin that preceded it as the home of the family. To the east runs Tavern Brook. The original owners are buried across the road.

Albany Ale: What Hops Would They Have Used?

sen1835 Remember Albany ale? Last spring, I found a number of references to beer being shipped around the eastern seaboard from Newfoundland to New Orleans as well as references to it being sold in Texas and even California. Not sure what it was but there was plenty of evidence that it was something.

The other day I found something particularly helpful. In 1835, the Senate of the State of New York received the Report of the Select Committee… on the Memorial of Sundry Inhabitants of the City of Albany, in Regard to the Manufacture of Beer. Forty pages long, the Report consists of answers by brewers given in response to six questions posed by Senators intended to discover whether the brewers of Albany were brewing impure beer. Question 3 gets to the point:

3. Have coculus indicus, nux vomica, opium, laurel leaves, copperas, alum, sulphuric acid, salt of steel, aloes, capsicum, sulphate of iron, or copperas, or any other deleterious or poisonous drug or compound, or any or either of them, or any extract or essential property thereof, been, at any time, or in any quantity, directly or indirectly infused, mixed, put or used in beer, ale or porter, either when being manufactured or when preparing for market? If aye, at what time, in what quantities, and by whom?

Yikes. Yiks, too. Happy to report, however, the answers were a complete and fairly convincing denial of all charges, charges no doubt trumped up by some downstate faction. But in giving that answer, the brewers, brewery owners and staff give a lot of information about what was going on with brewing in and around the Hudson Valley at that time. I will return to this text on other topics but today, I want to look at what they say about hops and where that can lead us. Here are some of the comments:

– James D. Gardner of Vassar and Co., Poughkeepsie stated: “I do not know the cause of that flavor, which gives to some beer the taste of aloes, unless it is owing to the use of strong hops which may have become damaged by packing, before sufficiently cured, or to unskilfulness in the operator, or to both combined.”

– James Wallace of the firm of J+U Wallace, Troy, NY reported: “There is a great variety in the flavor of hops: some have a strong, others a more delicate flavor, which readily accounts for the different flavors perceptible in the ales of the same establishment.”

– Thomas Read of Thom. Read and Co., Troy NY confirms he used 2.5 to 5 pounds of hops to a barrel and that they looked for the palest bales of hops to use in their pale ale.

What does that tell us? Well, no one describes varieties of hops even if they come in different colours, different degrees of curing and damage as well as different degrees of delicacy. We can fall into a trap thinking people in the past were not as perceptive as we are. Well, it is clear the brewers are looking for differences in hop characteristics with a professional eye but do not see varieties or breeds of hops as something available to them.

What were these hops? It is reasonable to suggest they were New York state hops. In Volume 50 of the American Journal of Pharmacy from 1877, there is an useful article setting out the importance of hop industry in central NY in the mid-1800s. In 1860, it states, each of four countries of central NY including Otsego produced more hops than all hops produced in the USA outside of New York state. Two varieties are mentioned by the pharmacists: “large and small cluster.” In another report, this time the 1860 Report of New York State Cheese Manufacturers’ Association, a trip to Otsego County is describe in which the hop plantings in every village are estimated. We are told at page 150 that at Richfield, about 75 miles west of Albany two varieties were grown:

Messrs. Allen & Hinds, the leading hop merchants of’ the town, informed us that the past winter had been unfavorable to hop plantations in this section, and many yards had been badly winter-killed, more especially the older yards. There had been greater losses from this cause than in any previous year, but a considerable number of new plantations had been set, and it was believed the new yards would more than supply the place of those winter-killed. Two varieties of the hop are generally cultivated in town, the Pompey and Cluster. The Golding hop of England had been tried but did not succeed well, being liable to rust . The Pompey is a large coarse variety, a vigorous grower, but inferior to the Cluster in strength and flavor, and does not keep its color so well as the latter variety.

While there is still a village of Pompey and even a modern day effort in the re-establishment of the central NY of the hop industry there, we are unfamiliar with that strain. We do know about Cluster, however. Cluster is still with us, often described as an old American cultivar which is, notably, a hybrid of Dutch strains and wild indigenous ones. Hmm… where did the Dutch meet the wild in the US? The Albany area, of course.

There is more to know about Cluster and the need to more closely locate it in the early 1800s in an Albany brewer’s log book but for now suffice it to say that when the brewers of Albany ale were talking about hops they were likely talking about the finest hops available locally, Cluster.

Is It True? Has Vermonster Been Saved??

There seems to be some news happening this suppertime around the Vermonster saga-ette with news today from the website of Rock Art Brewery and via their Twitter account. Vermont Public Radio seems to have a tidbit more than I am seeing elsewhere on the why and the wherefore of the outcome… even if they get the name of the beer wrong:

Vermontster president Matt Nadeau is cautious about spelling out the agreement before getting instructions from his attorney. But he will say that Monster has agreed to withdraw its cease and desist letter, provided that Vermontster doesn’t try to break in to the ‘energy drink’ market.

If that is true, what a come down for the litigious Hansens Beverage Company, taking a kick in the teeth and putting a shadow on its brands only to force Rock Art into submitting to agree… to not do what it never intended to do. Brilliant. And all of a sudden little Rock Art is well known in craft brewing circles. Bonus.