John Holbo Profile picture
Nov 23, 2019 16 tweets 4 min read
I feel ambivalent. Let me count the ways.
1. This is insane. The artworld is, in a speculative, financial sense, insane. It is insane to pay 15 mil for this. This annihilates the proposition that these prices index artistic worth in any real sense.

cartoonbrew.com/artist-rights/…
2. But it's not like we don't know finance is driven, in part by 'bigger fool' dynamics. There's no reason to be surprised if an investment takes leave of 'fundamentals'. Does it reflect badly on the artist if their art flies off and partakes of such nonsense?
3. The artist himself is ambivalent. nytimes.com/2019/05/15/art…
4. He's not getting the 15 mil, so don't ask HIM for it back, for the guy who did the Simpsons original. 15 mil is going to someone who was smart enough to buy this thing, way back, planning to flip it later. And that bet paid off.
5. It's also not his fault that the NY Times is too dumb to notice that it's not a mash-up of the Simpsons and Sgt. Peppers. It's a straight swipe OF a mash-up, just with X eyes and those bone things.
6. It 'adds luster to a career'. Shudder. Again, there you have it. 15 mil is total Emperor's New X's For Eyes. Obvious speculative bullshit that should make the Artworld cringe by association. Should not add luster to anyone's career. But the artist didn't ask for this, exactly.
7. The idea of doing the X's for eyes thing, nearly a century after Duchamp and Oldenburg, is not original. And straight up swiping - tracing - is not virtuosity. So we have: no new idea, no demonstration of skill.
8. Nevertheless, as street art, say, the X's for eyes motif could work, serially. It seems Kaws faces the following dilemma. He's an artist who can thrive in the existing Artworld financial ecosystem, but it makes a late capitalist mockery of anything authentic in his work.
9. On the other hand, artists have been working for vicious, rich asshole patrons for centuries. Nothing new there. It would be a lot to ask the guy to starve when he doesn't have to starve.
10. Next point. You aren't allowed to sell pirate Bart Simpson t-shirts. I couldn't write and draw and publish Batman comics, just with X's for eyes and everything else the same. I'd be sued so fast I'd have X's for eyes.
11. But obviously there's a long tradition now of Modern artists doing this kind of thing. I'm actually a bit unclear about the legalities. Why is this OK, in the eyes of the Mouse and the law?
12. I don't really get why Kaws hasn't been sued into the ground. Just because he makes only a few high-end tokens, not mass-produced types? Whatever. He's in a position to do something genuinely good. Namely, push the envelope on IP law.
13. I wouldn't be the first time that rich 'respectable' people have been able to push a legal line, effectively, defending their right to do something that lesser folk would get in trouble for doing. And then, with precedent established, there's trickle down civil rights.
14. It would be nice if the avant garde Artworld could really be a speartip of artistic freedom - fair use! - on the mashup, re-use, appropriate front. Dunno if that's possible.
15. You know, now I think about it, the way to go would be for someone else to take Kaws' X-eye characters are run with them, making further derivative works. And if the Mouse sues (Disney/Fox) then use this as your defense: I didn't copy the Simpsons/Mickey. I copied Kaws!
One final thought about this. @LairdBarron's "X's For Eyes" is first-rate. goodreads.com/book/show/2777…

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More from @jholbo1

Feb 1
I have a loooong draft paper on this subject - Mill on Ireland. It's extremely complicated and, on the whole, Mill does not look good. The complications are of two sorts. 1) Mill has some repugnant commitments. 2) Mill is trying to be a practical politician. @delong 1/
A couple years back @henryfarrell wrote about this at CT. He emphasizes aspects of 1). 2/ crookedtimber.org/2016/01/28/mil…
All that is undeniable but there is also 2), which doesn't make it much better, but Mill seems more tragic. The fact is: English policy was so genocidal that the reality of it couldn't be openly acknowledged, even by its critics. Mill, the politician, had to soft-pedal stuff. 3/
Read 21 tweets
Jan 31
Alright, I'm re-upping this because I think it was a bit of alright and because some of the free speech defenses still coming out are not realistic about what's really going on, hence they miss the point. 1/
There are three possibilities:
1) Ilya Shapiro is not racist but he tragically slipped and tweeted something that sounded like that but was totes not what he meant.
2) He's not racist but he's a partisan R so that means dog-whistles/trolls.
3) He seems kinda racist. 2/
A lot of his defenders are taking the 'Georgetown shouldn't fire him because we know it's 1' line. That's nuts. How could we reasonably think we know a thing like that? 3/
Read 9 tweets
Jan 30
Gregg Nunziata responded politely so I'll be polite about why this seems to me to make absolutely no sense whatsoever. His view seems to me typical on the right but it encodes two fatal errors. One factual, one moral. 1/
The factual error concerns the Bork case. He was rejected on a bipartisan basis due to character issues (Nixon-Watergate baggage) and ideological extremism (toxic opinions and he wasn't shy to share). He was arrogant and entitled. So he got shot down. 2/
And then Kennedy sails through, easy as pie, so there's no doubt the problem really was Bork, not Reagan getting a pick. Far from being the first sign of dysfunction, let alone war, this is a dream of the system working. 3/
Read 14 tweets
Dec 22, 2021
(Sigh.) Religious liberty is a liberal value. It is not imperiled by liberals ceasing to be religious. Atheists have no problem supporting religious liberty. Religious liberty IS imperiled - but by religious believers like Dreher ceasing to be liberal. 1/
Religious liberty, in a negative liberty sense - freedom from coercion regarding religious beliefs, attitudes, observance, expression - has never been more generously and strongly protected in the US. Legally, it's seen an unbroken string of victories. 2/
What IS imperiled in the US is, as it were, Christian hegemony, the right or privilege to dominate the culture. You can call it 'positive liberty', the freedom to dominate, modestly but firmly, without being dominated. That is clearly not a right that can be extended to ALL. 3/
Read 13 tweets
Dec 21, 2021
Most. Cursed. Podcast. Episode. Ever. Helen Andrews and Sohrab Ahmari on not-badness of Jan 6 and the badness of Reconstruction. 'Darn those carpetbaggers! And, oh, why can't we have conversations!' theamericanconservative.com/prufrock/j6-te…
You ask what sophistry they perpetrate? The Jan 6 stuff is too dull & obvious to rehearse. Just imagine the most obvious ways of dodging the question. That's it. The Reconstruction stuff is a strawman: pretend the issue is whether that era was a 'Golden Age'. Um, nope.
The only maybe interesting thing is Andrews insistence that those in charge of Reconstruction were the 'most leftwing people around at the time'. Reconstruction was a time when 'the most leftwing people had complete free rein'. That's a notably ... simple take.
Read 5 tweets
Dec 21, 2021
I'm writing a thing for purposes of which I need examples of both sides (left & right) accusing the other of 'denying the science', or 'denying the obvious facts', succumbing to groupthink insanity and/or engaging in mass gaslighting. 1/
Now & then I see purported charge sheets. From the left the Big Lie tops it followed by forms of Covid-related or Q-crankery. From the right, lefty denial of biological reality of sex, 2020 was stolen, stupidity of mask-vax mandates, Russia-Russia-Russia, rising crime & riots. 2/
Also, the 1619 Project is waved like a bloody shirt - from the right. It is such an embarrassment to scholarship its existence is proof the left has slipped its epistemic hawser. Related: CRT, 'systemic racism' and Smollett. Rittenhouse case a case in point for both sides. 3/
Read 11 tweets

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