w Monday, July 28, 2003


The Peter Bernard Affair



Tibbie X is the lead singer of a chaos punk band known as The X-Possibles. She is also the (former?) star of a cable access show known as Rools Like Ozzy, which is run by Peter Bernard . I first met Tibbie last year and interviewed her. The two of us quickly became close friends. She has a killer('s) sense of humor. But—equally importantly—Tibbie is a firm believer in Team Player. Team Player means that you are loyal to your friends and you maintain that loyalty in front of others. You never denigrate your friend behind their back, especially to other friends (let alone strangers).

Peter is not the sort of person I am usually friends with. He is somewhat boorish for my tastes, a little older than most people I know and a lot balder. There is no question, looking at him, that he is not the product of quality breeding and refinement. But this was meaningless, since he was an associate of Tibbie's and I would therefore treat him with decorum. Peter had decided to make a movie starring Tibbie entitled Punk Rock Zombie Kung Fu Cock Fight. As part of the climax of the film he videotaped an X-Possibles concert at Don Hill’s in May of this year. I went, of course, and took many pictures that night (as did many other audience members that were there that night).

The next day I uploaded the photos to my server and emailed Tibbie the links to those photos. In her livejournal (an on-line diary service) she linked to one of the photos of herself, 'tibbie13.jpg'. I came home to find the following email:


Subject: Photos from Don Hills must be taken down
From: Peter
To: Michael Malice
Cc: Tibbie, Nico [Tibbie’s fiancé and my friend]

Hi,
I don't think Tibbie explained to Nico or Michael that photographers taking pictures at Don Hills during the X-Possibles performance had to be approved by me or Tibbie because we own all movie photography in exchange for 1% ownership of the film (which I suppose is now due Michael Malice IF photographs from the movie are approved by me and Tibbie and released).

Once photos have been approved, the photographer has full rights to also use the photos as they see fit, but I need all photos approved by both me and Tibbie.

As co-producer, I was assuming Tibbie was communicating this, then I see she linked to an onstage photo in her livejournal.

I would politely yet firmly insist that this be taken care of at the earliest possible moment. If I can't control photography and publicity from my own movie, I have no reason to finish the project. This is not an area open for negotiation.

Thanks,
Peter

Before I even saw the first email, he had already sent another:

OK I checked the Malice site and they're not linked for public viewing, that's cool, sorry I asked they be taken down. However, Tibbie, please don't link to any more photos, that's TOTALLY UNCOOL.

Also, I've downloaded tibbie1 through tibbie 15 from the Malice site, but why did I have to locate them on my own? Lack of communication gets interpreted as disrespect by me and I cut people off who disrespect me, so only do that when you're finished with me for real.
Thanks,
Peter

Don Hill's is a club just like any other, and calling a performance by a band "a movie" and thereby claiming ownership is absurd. Even if it were a legitimate movie and I somehow snuck onto the set and took photos, they would still be my irrevocable copyright. And this is obviously the case, as the thriving paparazzi industry can attest.

Now, I hadn't intended to post those photos on my site in any case, so I replied thus:

Dear Peter,

I hadn't realized the photos were an issue in any way. Did you mean that _I_ disrespected you, Tibbie did, Nico did or all 3? That wasn't my intent, of course. Just wanted to be sure before I'm one of those people you cut off...

To which he replied, cordially:

My only conflict with Tibbie is that I gave her 50% of the film so that she'd help me out with things like this, I'm overworked. There was a letter sent out saying no photography except by approved photographers, and Tibbie should have made that clear to you--I feel very evil insisting I have control over release of your photos when we had no prior agreement.

Whatever, she was preoccupied and this is all new territory.

I just wrote hate mail to one fan of a former hostess and one NY Waste photographer. We both specifically didn't want Waste coverage of our movie, they don't know how to print the truth anymore. We reach 3 times as many people with the mailers and the web site and tv show reach more than the mailers, so the Waste is irrelevant to us, and they always run the photos Tibbie asks them not to run. Please don't pass that on to them, she can tell them herself if she wants them to know.

Do you know a girl that would wrestle with Tibbie at 3 pm this Sunday at her place? Preferably in a skimpy outfit.
Peter

I told him that I didn't. I also offered my help with the script, since Tibbie had told him that she wanted me in the film and he agreed. He didn't need my help—there was no script per se to work on:

Tomorrow I hope we're lucking out--this girl I got to come last second has done fetish wrestling videos before and she knows wrestling and martial arts and can't wait to get physical with Tibbie. I wonder if they got the cats?

I told him that yes, Tibbie and Nico had gotten the cats that day (as they had planned to do for a while).

Things fell apart here. Peter called Tibbie screaming that "Michael Malice knows more about your life than I do" and started denouncing me as a racist and a Nazi. His evidence of this is that, in February, I referred to the people in the hospital with Tibbie as roaches. I don’t remember saying that but I most certainly could have, since I am a snob and hate gross people, who are known to frequent wards. Tibbie explained to Peter that I am not a racist and not a Nazi, since I am Jewish. Peter seemed mollified.

He wrote:
Michael,
I admit I don't get alot of where you're coming from but I'm glad you're always there to help Tibbie out and to help take care of her. She's really important to me and I'm sometimes overprotective but you seem to treat her well and that's cool. I can't deal with her being in pain again but I'm glad she's got real friends around her.
Peter

I replied:
Yeah, I'll be the first to admit I never understand scene politics. If everyone was nice to people they liked and ignored people they didn't then life would be easier all around.

Thanks for your kind words.
Michael

Soon after Tibbie left for a month-long tour of Europe with her band. Peter was to finish editing the movie while she was gone. Tibbie asked me to run her livejournal while she was away. Nico didn’t have the time and, for whatever her reason, she did not want Peter to do it. Peter was going to send me one photo every day from the film and I would put it up on Tibbie's behalf.

This was the situation for several days. During that time I hung out a couple of times with Nico, who I am also friends with. At one point Tibbie called him from Europe and I spoke to her for a brief time. The next day I posted the following on my site:

X-Possibles Update


The X-Possibles left for their month-long European tour earlier this week (yay!). I got a very quick call from Tibbie X yesterday afternoon. She refuses to tell me the full story over the phone as "It's just too funny" and she has to do it in person. The only selected highlights that I've got so far is that Sen. Rikki Chips [the guitarist] turned up totally plastered, nine people arrived instead of the expected eight, and the police were called out twice. Details on the first occasion are fuzzy, but the second involved finding out the hard way that the van did not fit through the Heathrow tunnel. A pal of the band was riding in the totally enclosed back of the van at the time and he almost had a heart attack shouting, "What are you trying to get us fucking killed?". The van is also missing a wing mirror in a separate incident.
More details will follow as they arrive...

Peter, in the interim, was complaining on his livejournal that he knew nothing about the tour or how sales were going. I e-mailed him "I think merch sales have been only OK..."
"On what information is this supposition based?"
"I'm just relaying what tibbie told me..."

This is the last contact Peter and I have had.

That night he sent me a frantic e-mail:
"When? In what form? Have you spoken to her on the phone? In e-mails? You spoke about merchandising?"

Before I responded to that last email, I got the following three emails:

If she's been in contact with you more than with me, then she is fired. Tell her she has 24 hours to explain why she never got back to me about the MTV thing. Ask her if you could get her in on MTV. Then ask her why she fucked up so stupidly and pulled such a P5 [a former obsession of his] move--testing to see if I would be 'jealous' of you. Her last few days she kept insisting I was jealous of you or Nico or whatever. I'm not jealous, I just need to be treated as a business partner, period.

I can just give the MTV guy a tape of Sex Slaves and tell him that honestly, they're more popular. This guy wants me to have his band on my show, he was just buttering me up about X-Possibles to get on Rools, it turns out.

As far as I'm concerned, the tv show and movie are now over and she would have to convince me to revive them.

Thanks alot, Malice, you're a peach.
Peter

Also no more photos from the movie. Please don't post any more photos from the movie until my conflicts with TIbbie are resolved, if they ever are, thanks. I'm beginning to remove Tibbie-related material from my web site as of now.

Thank you,
Peter

And finally, to the three of us,

Subject: TIBBIE IS FIRED
I just read malice's web site. You are able to call Malice on the phone yet not even e-mail me. The updates on your tour appear on malice's web site and not Rools Like Ozzy???? You are fired off Rools Liek Ozzy, I heve NEVER been so disrespected in my life, even P5 never sunk so low.

YOU SUCK TIBBIE X

I didn’t know how to deal with this not at all Low Rent, very appropriate behavior, so Nico emailed him.

Peter,

The reason that Tibbie spoke to Michael is that Tibbie called me up on my cellphone while I was with Michael on Thursday. They exchanged a few brief words and then Michael handed the phone back to me.

nico.

Peter wrote back to him:
I find it curious that this excuse was not given during our several telephone conversations, Nico, but only after there was time for commisseration.

As I explained to Maya, when Tibbie chose to release info about the tour to Malice, she was effectively firing me from my [volunteer] role doing publicity in the states, or at least demoting me. I was hurt because I thought I had done a good job for her. So all my bluster about me firing her is just my effort to save face about her dissing me in this manner. It doesn't leave me in any sort of position where I can easily forgive Tibbie, even though I could interpret your letter below to imply that this is all Malice's fault.

I'm extremely uncomfortable with this and I'm going to leave the web sites down until new arrangements are made between me and Tibbie or until I find new people to work with. I'll deliver the materials to MTV however, later today. I wish the X-Possibles good luck in advance getting on that TV network.
Peter

I talked to Nico and told him that I didn't sign up to deal with this unprofessional nonsense, and I did not appreciate invective from my inferiors and towards my friends. I found it absurd that Peter would be causing drama for Tibbie while she was away, while our responsibility as people who care about her should be to hold down the fort and keep her NYC life as stress-free as possible. I blacklisted Peter from my email at this point, meaning that any email he sent me would be deleted automatically by my email system, and stopped looking at his livejournal. I also told Nico that I had my own photos of Tibbie that would last til she returned, and he concurred that that would be the most reasonable solution to this ugliness.

So every day I put up a photo of Tibbie and/or the band. Peter at this point started complaining—on Tibbie’s own ivejournal—that I was using 'his' photos and putting my copyright on them illegally. He called Nico to tell him that, unfortunately, he now had no choice but to sue [!] Tibbie and myself. Nico flipped and told him to never call him again.

Peter then proceeded to complain about this through the comments section on Tibbie’s own site, and was joined in by Polycat, an old lady friend of his who writes a livejournal about the adventures of her cat. I said nothing.

Then, one day a friend of Peter's posted on Tibbie's site as well. He is one of The Minors, a band best known for being underage and for their subtle political commentary song 'I Forgive You Osama.' He wrote:
yo, we all noe [sic] tibby [sic] x is hott [sic], and a fox but all these fucking pictures of her, just ruin it, oit [sic ] was fun waiting to go see her play just [sic] t [sic] tr [sic] to sneek [sic] a peek up her skirt, but ow [sic ] all i think of tibby x, is that she is a self obsorbed [sic] egotisical [sic] bastard!, sorry tibby

Peter replied within minutes, almost as if this were all planned:
Dude, don't blame her, it's this other guy posting all these photos. In fact, these are all photos owned by the movie. He agreed these photos are owned by me and Tibbie because they were all shot during the filming, yet now he's acting like a bigshot and putting his copyright on them and overexposing them without my permission. I gave Tibbie 50% ownership but the understanding I thought was that I was in charge. Tibbie's in Europe and I'm basically biting my tongue [!] till she gets back but this dude Malice is a problem and he's going to have to be dealt with BEFORE the movie gets released, trust me.

I AGREE WITH YOU this is NOT the image of Tibbie [actually, this is untrue in the literal sense] I had before she left and this is NOT the image I wanted for our movie. If Tibbie thinks this guy Malice is doing a good job, then I kind of agree with you and I will distance myself from her. This is SO not cool, the way this is being carried out, it's TOTAL sellout, which is to be expected because the Malice guy is this yuppie nerd dork guy who hates the poor and homeless. I teamed up with Tibbie because I had been homeless and she had been a runaway and I NEVER expected to see her allowing a yuppie control her image this much. If she's become a republican or whatever I will speak out against her. I totally love her as an artist and as a person but I am in agreement with you that this is all sellout ego crap. I have faith in her that she's just too far away to want to deal with this moron. Come to the movie premiere-- I'm organizing it and Malice is banned from the premiere. If Tibbie has a problem with that, she doesn't have to come to the premiere either, because it's a punk rock premiere and no sellouts allowed. No Malice, no Malice supporters, no yuppies, no sellouts, period.

This in my opinion crossed the line. I firmly believe, and Tibbie agrees, that personal problems are not to be made public--and certainly not on Tibbie’s own site. At this point I removed Peter from tibbie’s friends list, which meant that he would be unable to post comments on her site.

He lost it.

Someone named SnackDaddy, who I still don’t know, replied to Peter’s comment.
Dude, I dont know you, but first I'd like to say you're a talented artist.
In my opinion, which counts for absolutely nothing, Tibbie isn’t selling out.
A few pics does not a sellout make. Besides, this is Live Journal, it's not a primetime mini-series, hardly selling out, especially on Live Journal.
If she takes up with someone who pays her rent and puts her up and she forgets her struggle then shes a sellout.
Or if she signs with some label who wants her to dress and sing what they tell her to, then shes a sellout.
I recall one entry where she walked out on a print job cause they wanted to dress the x-possibles in different clothes.
I never met Tibbie, but someday hope to.
And some Republicans have been homeless too and have struggled.
Keep the faith.
SnackDaddy

Peter logged in under an alias, Hugothrock, and started posting as if he was someone else:
Whoever is posting the photos is being crass about it, and that makes Tibbie look less cool.

Wheelchair, someone on Tibbie’s friends list but no one she’s actually met, jumped in here to mock Peter.
I'm saving all these pics and will be posting them in my HIGHLY INFLUENTIAL Live Journal WHEELCHAIR as a photo story where I give myself 100% CREDIT! It's a rough ride through the life and times of a cripple/pedophile who has "sold-out" and "works-for-the-man". He is besieged on all sides by the "homeless" and "punk" and all other manner of smug dickhead guys. His only friend is actually doing something with her time. Everyone else in the story is a loser who lives with their mother, or they complain that other people are selling out while they themselves accomplish nothing.
Look for it starting in August.

"Yeah--intellectual property laws-- who needs 'em?" 'Hugo' (i.e., Peter) wrote. "Movies, tv shows, web sites, none of them are important, only touring Europe. That's the only valid means of expression, right? Peter Bernard and Tibbie X own the movie. If they're [sic] partnership is still intact, then I side with them. If they've split up, I side with Peter Bernard. I thought that was clear. They're both equally talented artists however and I know TIbbie will go far. Let's all just take Tibbie off our friends list until or unless she gets past this."

Peter has compared Tibbie’s talents to those of John Lennon. If he is Tibbie’s equal, in his mind, then that is an syllogism I do not want to calculate.

At this point Dictator88, a Nazi who reads Tibbie’s site and comments on it occasionally, added his POV.
I hate the "homeless" too. Wow, I guess I have something in common with that dirty jew after all. ;)

"There you go!" Peter replied. "That's what I've been trying to tell Tibbie all along."
The hilarity of a Nazi using an emoticon was lost on Peter, as well as the fact that his behavior had been so outrageous that it would drive a Nazi to defend a Jew.

Seeing that I had only made matters worse (including these two hilarious entries on Wheelchair's site), I added Peter back to her friends list. "Thank you for adding me back to your friends list," he commented. "You're one of the best friends I ever had and I'm totally miserable when we fight, I don't wanna fight ever again."

The next thing I know I get an email from Nico. Peter had sent him an email that said:

Subject: Michael Malice is SCUM
This guy Michael Malice is publishing photos from our movie on Tibbie's journal while she's gone, putting his copyright on them, and putting a link to his web site that has nothing to do with our movie or her band. Tibbie sent me two letters last night and in one of them she wrote,
"i ddint give him permission to post any pictures or write anything on my site except for your photos. "
So I sent Malice the links to what Tibbie calls "my" photos, which are the approved movie photos that have Tibbie and my copyrights on them. Today, Malice decided to persist in his disrespectful hijacking of Tibbie's journal.

Do you understand why I regard him as a creepy sneaky weasel?

I never, of course, got that email from Peter and Tibbie confirms to me that that statement of hers is 'so totally totally totally out of context that it's not even funny.' Nico told Peter
I have respectfully asked you both over the phone and in two separate emails for you to not involve me in your business dealings with Tibbie. Your email, included below, goes directly against my wishes as I have clearly explained to you.

I expect to hear no further correspondence from you, including, but not limited to, phone conversations, face to face conversations and email messages, on any business agreements you have, or have in the future with Tibbie. This includes, but is not limited to, Rools Like Ozzy, The X-Possibles, Punk Rock Kung-Fu Zombie Cockfight and any production and promotional activities of any of the above, whatever form they may take.

Peter responded (and Nico forwarded)
Dude, this was a mass-mailer. You childishly think the world revolves around you. I'll remove you from all mailing lists. You and Malice think you're so slick but you're not. I'm alot older than you and I'll be very interested to see what things are like in one year. Bobby Steele and I were just talking on the phone about this and we both find it very humorous since we've lived through crap like this before. We know exactly how this is gonna turn out.
Cheers,
Peter

Peter has several hundred people on his mailing list, so that above mailer about me is very clearly libelous. However, since Peter is of no (financial) value, there was no point in my pursuing any legal action. I have let matters drop.

Tibbie has returned from a phenomenal European tour. She has returned to find that her friends—including the Sex Slaves, Kitty Kowalski (a friendly acquaintance of mine), Maya Price and lord knows who else—have been told that she is a supporter of racism and associates with Nazis. Peter has also called her a slut and an empty stripper. He has refuses to take responsibility for these past events.

CASE CLASED


UPDATE: I sent a friend in the entertainment business this as an email, and they responded:
Wow. A professional who sends project-related e-mails with comments like "TIBBIE SUCKS" ?? Wow. I'll read it more thoroughly later, but I'm amazed.

UPDATE (2): "Oh geez. Who is this guy? He earns a living? amazing."
No, he is not employed and lives with his sister.

posted by Michael Malice at 2:46 PM