Browse Month

December 2009

Eric + Eric

Two great things today, elsewhere…one accessible, the other high-concept wine geekery:

Eric Asimov on what wine writers should leave unsaid.

Eric Texier on the theories of Jules Chauvet, hero of the no-sulfur movement. Which it turns out he maybe shouldn’t be.

Speech, broad & bent

[the billionaire’s vinegar]Brewer-Clifton isn’t the only entity that would like you, the consumer, to just shut up. (Note the lack of a “please” in that request.) Oh, no. It gets much worse.

(A bit of background is necessary here, for non-obsessive followers of titillating wine gossip. I’ll try to make it brief.)

Once upon a time, there were these bottles of wine that were, allegedly, owned by Thomas Jefferson. They were auctioned for an awful lot of money to the rich and famous, who either seemed to do desperately stupid things with them, or display them as the (undrinkable) jewels of their collection.

Except it turns out that they might have been fakes. There’s a lot of that going around the high-end wine world now, but that was a more naïve time, and people may not have been as wary as they should have. Most of the current attention has focused on the alleged sources, but a little has soiled the collars of their facilitators: collectors and auctioneers. One luminary thus tainted by association was the very, very famous writer, taster, and auctioneer Michael Broadbent, whose self-described friendship with one Hardy Rodenstock – the source of the Jefferson bottles – is now as much a liability as it was a benefit, in those earlier days.

The guilt or innocence of the various parties isn’t what I’m interested in here, and so I’ll leave a discussion of lawsuits and investigations for another forum. What matters to this backgrounder is that a book on this very subject, entitled The Billionaire’s Vinegar, was written by a guy named Benjamin Wallace.

It turns out that Michael Broadbent didn’t much care for his portrayal in the book, for reasons I’m still not going to adjudicate here. So he sued for libel (in the U.K., where such matters have a much easier standard of evidence to meet than they do in the U.S.), and the case was settled out of court by the publisher…who paid Broadbent some money, issued an apology, and so forth. It was a “victory” in a very limited sense, as it only applied to the U.K., and unquestionably brought more attention to the book’s contents elsewhere in the world than there had previously been. Nonetheless, I presume Mr. Broadbent got what he wanted, the publisher and the book weren’t adversely affected outside the U.K. market (if anything, the opposite), and post-settlement life should have gone on as before.

Except that it didn’t. Michael’s son Bartholomew (who I have met on more than one occasion, and have liked very much on those occasions) decided that it was in his father’s best interest for Bartholomew to engage mid- and post-trial discussions of the case around the internet, something most lawyers probably would have told him was a little unwise on the face of it. Broadbent fils got in a few snippy exchanges with the author of the book in various locales, and perhaps this added to his understandable feelings of agitation over the state of his father’s reputation, but on Jamie Goode’s blog, he went much, much too far in addressing some commenters in the case. Emphasis mine:

[name redacted] doesn’t know the specifics of the case and clearly his views are a reflection of nothing more than reading the book. My father won the case and they will not hesitate to win damages from further defamatory remarks made by others who continue to ignore the ruling. [name] would be better off accepting the court’s decision and the Publisher’s apology. He has no idea about the true facts and his statements show incredible ignorance. However, his views are precisely the reason that this case was won. [name] is actually setting himself up to be sued too, if he continues to repeat such defamatory views which have no basis on truth. As Jamie’s Blog is published in the UK, it and its commentators fall under the same defamation and libel jurisdiction.

The thing is, Bartholomew was probably right: were his father especially litigious, he could have gone around suing anyone who continued the debate, and may even have won. Thankfully, and to Broadbent père’s credit, this does not appear to be happening. But the threat issued by Bartholomew was at best distasteful, at worst a reprehensible way to quash debate, and in practical terms an entirely unhelpful way to “help” clear his father’s name. And it was one more instance of someone – this time in the trade, which Bartholomew most certainly is – trying to squelch online discussion of topics they do not wish to have discussed, or at least not in the manner in which they are being discussed. As with Brewer-Clifton, my personal interest in supporting the wines he sells with my purchases is diminished as a result.

In any case, it could have ended there, too. But it didn’t. The discussion, inevitably, roiled across the U.S. wine scene, where similar legal threats wouldn’t have carried much weight given the very strict legal standards for proving libel. Something not everyone was happy about:

here’s a vote for libel laws in the USA as strict as they are in the UK

Who said that? Before I answer, it’s the same person who said the following (NB: the following quotes have had to be edited for grammar, spelling, and readability, though the words are unchanged):

bloggers…or should I say blobbers since they are the source of much of the misinformation, distortion, and egregious falsehoods spread with reckless abandon on the internet

And:

[bloggers’] passion can be a great asset, but it can be dangerous as well…the Taliban has passion is just one example…

That’s right. Bloggers are analogous to the Taliban

(No, he didn’t call bloggers the Taliban. But unfortunate-yet-revealing analogies extend well beyond those covered by Godwin’s Law, and here is one more example of same.)

Who is this paragon of free discourse, this defender of the right to speak against entrenched interests? The same person who endlessly crusaded against the established writers he supplanted. And the same person that wrote the following:

It has been said often enough that anyone with a pen, notebook and a few bottles of wine can become a wine critic. And that is exactly the way I started…

Yes, joining Brewer-Clifton and Bartholomew Broadbent in a heartfelt desire for all you rabble to just stop your bloody contradictions so they can be accorded the respect they deserve: your Wine Advocate himself, Robert M. Parker, Jr.

The Brewer’s art

[pig’s rear end]Grapes can be thin-skinned. So can critics. To their great credit, winemakers usually aren’t. As with any other producer of a critique-able product or work, they’re the constant recipient of feedback, both good and bad. The good can go to one’s head, the bad to one’s heart, but the majority of winemakers take it pretty much in stride, accepting the fundamental truism that taste in all things is personal.

Oh, there are some exceptions. Angry rebuttals in the press, lawsuits, dogs set upon visiting critics as they exit their rental car. I’ve had a few run-ins myself. And even the most mild-mannered winemaker can be pushed beyond their limits by what they perceive to be a particularly egregious slight.

But at least critics know to expect this sort of thing, given what they do. Consumers don’t. It didn’t used to matter, but in this evolving age of many-to-many communication, the consumer who voices an opinion becomes as much of a potential target for retribution as any critic. Perhaps even more of one; a winemaker may not wish to burn a bridge to a powerful critic, but an everyday consumer might be dismissed without a second thought.

Not long ago, the denizens of one of the web’s various wine fora got into a discussion about Brewer-Clifton, a well-known producer of pinot noir and chardonnay from California. As with any robust discussion, there was both positivity and negativity, and a full range of opinions was aired. But I’m sure no one expected what happened next.

“You have received this notification from Brewer-Clifton because you are a registered user or you or some other registered user requested some information for you from our store.

Dear [name redacted],

Your profile at Brewer-Clifton has been deleted.”

This reads as it looks. Step one: criticize Brewer-Clifton in public, or at least appear to do so. Step two: get dropped from their mailing list.

Putting aside the dubious sensibility of shedding customers in a flailing economy, Brewer-Clifton had three choices when faced with public criticism. One, ignore it (the path chosen by almost everyone in the wine world). Two, respond to it (a path with its time-sucking and image-destabilizing dangers; only those with quick wits, faster fingers, and a taste for the arena usually survive this sort of thing unscathed). Or three, punish their critics.

Did they choose wisely? Not in the view of some of those dropped, some of whom hadn’t even criticized the winery or the wines, but instead had been critical of the scores accorded the wines by famous critics. As one dropped customer objected:

“Of course, I was not referring to BC or their wines as ‘a complete joke’ but rather referring to The Wine Advocate’s lazy review [of] their wines.

It’s important to note, after the fact, that those deleted have reportedly been reinstated. But what went on here is worth examining a little more closely, because it has fairly profound implications for the open and collaborative world of wine commentary into which we are decisively moving.

What was behind Brewer-Clifton’s move? Simple pique. Read for yourself (both excepts edited for clarity):

So I decided to call Steve Clifton to see if this was the case. He returned my call about ten minutes later and indeed confirmed that my post was the reason. Steve went on to explain to me that these kind of posts on wine boards are extremely hurtful, and that because it’s a bottle of wine doesn’t mean that there aren’t real people behind the scenes, and if I don’t like the wines why should I be on the list?

“A complete joke” is what led Greg Brewer to terminate me from Brewer-Clifton’s mailing list. He felt like if I, or anyone really, thought the wines of Brewer-Clifton were a complete joke then why would that person want to be, or deserve to be, on the mailing list?

As pointed out by some, including one of the above-quoted victims, everyone was within their rights here. People were free to say anything they wanted about Brewer-Clifton, short of actionable defamation. Brewer-Clifton was free to drop anyone from their mailing list, for any reason they could come up with. And in an earlier world of wine communication, that’s where the story would have ended. Except, of course, we’re no longer in that world.

As it turned out, everyone else knew what Brewer-Clifton was up to while it was happening. Some, even those that counted themselves fans of the winery and their wines, weren’t too happy, and their relationships with both soured. In the end, despite the reinstatements, the move counts as a minor PR disaster for the winery, for they have now set as an apparent condition of receiving their wines that one may not engage in public conversations that the winery principals find disagreeable.

I, for one, reject that standard, and while I don’t enjoy Brewer-Clifton’s wines, I do appreciate wines from the related Palmina label. This new situation calls my support into question, and I am most certainly less likely to choose those wines in the future. The winery is free to act as they will, and so am I, by my lack of future support. (As a consumer only; a critic’s responsibilities are somewhat different.)

But all these personal acts of retribution and counter-retribution are insignificant in the face of the greater danger they pose to the very nature of many-to-many wine communication. The new paradigm has positives and negatives, but one of the of the unquestioned benefits is the free flow of a wide stream of information. Whether for good or ill, someone with information is going to bring it in front of the public.

In the world that Brewer-Clifton apparently seeks, this flow of information can no longer be trusted. People may post their experiences with Brewer-Clifton’s wines (or the winery itself), but they may now only post positive reports, lest they risk losing their access. The information stream is tainted. It is no longer reliable, which is always a danger, but in fact it is now worse: it is actively untrustworthy.

Think about what this means for an entity like CellarTracker, which trades on its community of tasting notes and ratings. Think anyone who values their presence on the Brewer-Clifton mailing list is eager to post a negative review or score now? Don’t count on it.

The effect will be no different than if one of the winery principals or their hired guns were to “spike” the database with hyped-up notes and ratings…an action which I suspect few would endorse. But in a sense, I suppose Brewer-Clifton has done something awfully clever here. Because rather than fouling the waters themselves, and paying the price, they’ve gotten their customers to do it for them.

Which makes it all the more important that they, and any other winery that tries the same trick, suffer equivalent public shaming. It’s the only defense the consumer has against such practices.