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OUR COLUMNIST AVILA DISCUSSES THE DECISION OF A NY JUDGE TO TRANSFER THE LEGAL RESPONSIBILITY TO THE BUYER FOR ART FORGERIES: 

‘The entire affair is based on the presumption of innocence… One individual is innocent until proven guilty, and that guilt or its intention is difficult to prove when the parts involved assume their limits and their ignorance… So I’m not surprised that the court passes the ball to the buyer, since it assumes that the seller is an idiot for the good of all…

Now, what I find particularly interesting is the displacement of guilt into the “present time”… What I mean is that the winners of this situation will likely be the contemporary (alive) artists that can confirm or deny the authenticity of a particular work made by them, taking in account that they remember what they did in the past… That exceptional situation denies historicity in favor of actual events since the tendency in society (mass society) is to adapt to its circumstances in real time, like a horde of buffaloes. It does seems to me that the court leaves “History” and its possible benefits to those that take a chance and discriminate on their own the real thing from the fake thing based on particular interests and personal will, while museums and institutions try to find their dignity on their own…’