Have you been wondering why there is so much content concerning Wizards of the Coast, Pinkertons and unauthorized card releases? The very short version is that a streamer bought four thousand dollars worth of March of the Machine product and received a shipment in April that contained the unreleased March of the Machine: the Aftermath product instead. This is while it was under contractual embargo from suppliers.
He then unboxed them on his youtube channel over three separate days – leaking almost the complete 50-card set.
The long version is this explanatory article.
Just the Facts: Elevator Summary
It’s been three weeks since the initial videos of the March of the Machine: the Aftermath set have been leaked. The subsequent impact, reaction, rumors and content churn are still having some impact. There have been enough different and disparate coverage claims from games press and individual content creators that a facts-only, sources-cited, brief, identifying primary and direct sources, seems like a useful tool for our community to have.
- There will be no editorializing in this article: linked material and reporting does not indicate endorsement of those positions by either the reporter of Hipsters of the Coast.
- This article will simply summarize factual information and provide links to relevant sources.
Important Note: Dan Cannon, the individual who has been the subject of the interaction with private security contractors, has put out a very specific statement on his own video channel informing others not to believe anything that has been said about the event unless it comes directly from him. (2023c Cannon) This will be discussed in greater detail later in this article.
While numerous articles, content, and comments have been made since the release of this video on April 27, – no follow up reporting about this direct request has been found on i09, Polygon, and various commentaries made after that date, as of the date of this article being published.
Summary of the Initial Event
- On April 19, 2023, the Magic release of March of the Machine: the Aftermath was spoiled by a content creator with a YouTube channel called “oldschoolmtg” hosted by Dan Cannon
- After posting three separate unboxing videos of the unreleased set, on three separate days,(4/19, 4/20,4/21) independent contracting investigators who are identified as Pinkertons by Cannon came to his door on April 22, on behalf of Wizards of the Coast.
- Cannon provided the cards to the private investigators and was given a contact person at Wizards of the Coast, whom Cannon contacted immediately
- Both Cannon, and Wizards, confirmed publicly that Wizards has promised that he will be compensated for the product.
- Community and content creators are aware of the interaction because Dan Cannon made a video about the interaction. Subsequent reporting was done using Dan Cannon’s videos. i09 and Polygon have some direct responses from Wizards of the Coast
Hipsters of the Coast has reached out directly to Wizards of the Coast for clarification or comment and Pinkerton Consulting & Investigations over the last two weeks. Neither has returned communication.
This story is ongoing due to community response.
Why are we Covering this Now?
Unlike many past incidents of leaking cards or early release due to production process errors, this incident has been a matter of focus by consumers, communities, activists, and press outside of the immediate Magic the Gathering community which has led to coverage and content that contains speculation and misinformation inside and outside the community. There are valid concerns, but collective action should be informed with verifiable data.
This briefing will provide:
- Background and context
- Direct links to sources
- A descriptive timeline of events
- Follow-ups on developments since the primary reporting
- Fact checks of a few of the inaccurate /unfounded claims encountered during research.
This briefing is written so it can also be used to explain what is going on with WotC and Pinkerton for people who may not be as familiar with the Magic the Gathering community.
Background Context
What was released? Is it really a leak or just another “spoiler?”
The current publicly released set, March of the Machine, is the title of the finale of the Phyrexian Invasion saga that has roots in sets from the early years of Magic the Gathering but specifically has been the focus of Magic Story since 2022.
Wizards uses the term “Previews” and “Preview Season” as the terminology of their authorized previews and co-marketing agreements and collaboration with community content creators. However, content creators or online repositories still use “spoiler” in their content and promotions. For anyone outside of the Magic the Gathering ecosystem, “spoiler” may carry a sense of transgression, but it’s really just previews and teasers.
Why do leaks matter?
Unauthorized broadcast or sharing of cards, card art or rules content is considered a “leak.” Leaks can happen for many reasons and do not necessarily indicate contract violations or criminal activity.
Monetary impact and market manipulation can be created through leaks because Magic the Gathering cards have a secondary market outside of Wizards of the Coast’s control.
Organized professional play events tied around sets have historically treated unauthorized, early card information, as a competitive advantage so leaks are also reacted to with the integrity of competitive play as part of the corporate equation.
Market and Community cultural concerns In the current era of Magic the Gathering, “Preview Season” is one of the few ways that Wizards of the Coast can directly support community leaders by providing the “reveal” of new card or set information, which helps drive a highly engaged audience to their efforts. While it is not any form of legal offense or obligation to those who have been given preview cards, in the various Magic communities it is considered bad form and generally recognized as undermining opportunities for those who were creating previews on a collaborative schedule directly with Wizards marketing team.
These communal and fiscal concerns are not replicated with other Wizards of the Coast products or communities because “surprise” and timed releases are less critical to the other products.
Supply Chain Mishandling or Misappropriation While a consumer receiving a mishandled or misappropriated product is not at fault, the conditions under which the product got into the supply chain for that consumer to have that product can be the result of contract violations by vendors and manufacturers at different points in the supply chain. Security of embargoed products and various aspects of chain-of-custody can have agreed upon remediation of damages or arbitration between the businesses involved.
What Was Leaked and When Was it Supposed to be Released?
Wizards of the Coast teased a new kind of set release consisting of 50 cards in specialized five-card booster packs that will act as an epilogue to the Phyrexian aggression that has been the unifying theme of the last three sets and as prologue to leaving the Phyrexian storyline behind as we move forward with Eldraine and Ixalan. The initial cards were previewed and the announcement was made during Magic Con Philly on February 19. The release date for this specialized set, March of the Machine: The Aftermath, is May 12, 2023.
It is this specialized product; March of the Machine: The Aftermath that was leaked.
Descriptive Timeline
OK, so What Happened and WHY am I suddenly hearing about Pinkertons and MTG from my Boss at my non-gaming associated watercooler?
- On April 19, 2023 a youtube channel using the handle oldschoolmtg uploaded a video unboxing a sealed package of the specialty Aftermath set revealing approximately two thirds (36) of the 50 card set.
- On April 20, 2023, the same creator released a second unboxing of the same unreleased product approximately 24 hours after the first video. 18 additional cards are revealed.On Friday April 21, 2023 oldschoolmtg uploaded a third unboxing video of the unreleased product.
- On Saturday April 22, 2023 According to the youtuber who created the video, corporate investigative agents arrived at his door that morning. Subsequent reporting identified the youtuber oldschoolmtg as Dan Cannon. As he has participated in the reporting about him this article will be referring to him by name for the rest of this document.
- Cannon made and uploaded a video describing the encounter and released it on his youtube channel later that same day. In this video he describes his interaction with the agents and describes them identifying themselves as Pinkertons when they were at his door. He explains that he has returned the aftermath cards, contacted the individual at Wizards and removed the videos he posted-
- His video discussing the initial interaction with the Private Investigators can be found at this link: https://youtu.be/bD9HRueI6Js
- After contact with Wizards personnel, Cannon reports that he voluntarily removed the three unboxing videos and asked others who may have made clips or screenshots to remove them as well. (2023 Cannon)
Press and Content Coverage of the Leaks and Investigator Contact
Linda Codega from i09 began her coverage on Monday, April 24, summarizing the primary source video from Dan Canon and including indirect attributed quotes from Wizards of the Coast:
“When asked for a comment, Wizards of the Coast confirmed that the video, its allegations, and the alleged Pinkerton agents were a “part of their investigation.” When asked for clarification, the company said it had no additional details to share, and did not deny the hiring of Pinkerton to aid in the product retrieval. io9 has reached out to oldschoolmtg for comment.
(2023a Codega)
As Wizards of the Coast had not, at this point, put out a formal statement in response to the situation, the conflicting messages of confirmation of the alleged Pinkertons and reporting that they “did not deny” the use of Pinkertons created confusion as to whether the specific corporate organization currently owned by Securitas (SSE: SECU B) was directly employed by Wizards. (1999 Securitas)
At the time of this initial article’s release, Codega and i09 had not yet made contact with Dan Cannon, but had reached out for comment. All information reported was from the video, reddit posts made by Cannon, and additional aggregate reporting.
Reporting with Contact from Primary Sources Cannon and Wizards
On Wednesday, April 26, Codega published a follow up article with i09, describing previous incidents where Wizards of the Coast allegedly used Pinkertons, and described former Pinkerton employees who are currently employed in positions at Hasbro. In this article, Dan Cannon is quoted, confirming specific points in an email exchange with Codega from i09:
“Cannon confirmed the statements he made on the video and added additional context, stating that “as soon as my wife answered the door they aggressively asked for me by my full name… announced themselves as the Pinkerton Agency (which I am very familiar with their reputation), and said they were there to recover ‘stolen goods’.”
Linda Codega’s article reporting on Wizards and Hasbro’s use private security with email exchanges from Dan Cannon can be found at this link: https://gizmodo.com/magic-the-gathering-leaks-wizards-wotc-pinkertons-1850374546
It is at this point that the reporting, and the two subjects of the reporting, actively conflict with each other. The incident is characterized as the agents “forcing themselves” in a direct quote of Cannon by Codega, as well as Cannon’s own claim that he “assertively moved them outside.” According to the article, after a request to treat the Cannon’s with respect, Cannon is quoted as saying the investigators “did eventually dial it back and become more civil after that.”
Wizards responded to the article and this description, but a full press release or statement was not provided on i09. Wizards is quoted in an update to the article as follows:
(Wizards) “strongly refutes this depiction of events, which contradicts both the report from the investigation as well as the conversation between the individual and the Wizards of the Coast representative after the interaction in question.” The company also stated that “under no circumstances would we instruct any employee or contracted agency to intimidate an individual.”
The publication of this i09 article required 3 same day updates post publication. They are:
Updating 4/26/23, 5:10 pm: Adding additional statement from Wizards of the Coast.
Updated 4/26/23, 4:35 pm: This article has been updated to provide extended statements from Wizards of the Coast and clarify Don Cannon’s allegations.
Updated 4/26/23, 12:25 pm: This article has been updated to include statements from Wizards of the Coast. Wizards still has yet to explicitly confirm or deny that it has hired Pinkerton as their contractor.
Community response and content may be encountered that has referenced the i09 article, but is unaware of the updates, causing further dichotomies in community coverage. Polygon also received a direct statement from Wizards of the Coast – unlike the i09 Coverage which selectively quoted Wizard’s response, Polygon provided the full statement:
Update (April 25): After the publication of this article, Wizards of the Coast reached out to Polygon with the following additional statement.
As part of an investigation into the unauthorized distribution and disclosure of embargoed product, we repeatedly attempted to contact an individual who had received unreleased cards. After that outreach was unsuccessful, an investigator visited him and asked that he reach out to us as part of our investigation and return the embargoed product and packaging. He agreed to do both. The unreleased product will be replaced by us with the product he intended to purchase. We appreciate the individual’s cooperation and the investigation is ongoing.
In this fragmented information environment social media content creators and community accounts as well as individuals had multiple responses based on their understanding of events. Various calls to action based on other issues Wizards has had over the last three months were made. Individual content creators who were unaware of the issue were approached in their direct messaging and told to take a stand. Claims were made that were unsupported by the facts on the ground. Hipsters of the Coast will not be analyzing the path of information or the specific individuals involved – however we will clarify things that did or did not happen where we can cite a primary source directly.
Dan Cannon was initially cooperative with Wizards, after the agents took the product and left. However on Sunday, April 25, he uploaded a video where he was upset because the agents had gone over to a neighbor on friday when he wasn’t home and knocked on their door, “Asking for information about us and saying they had an appointment we didn’t show up for.” (2023b Cannon 0:24 – 1:11)
It must be stated that while Cannon uses the words “harassing my elderly neighbors” and “grill them for some information” the only actual action he reports in his video is the agents knocking on the neighbor’s door and asking if Cannon lives at the address.
It should be noted that the neighbor is speaking to Cannon on Sunday about contact with the agents trying to reach him directly on Friday, April 21, 2023. This is before contact was achieved on Saturday. This supports Wizards of the Coast’s statement that unsuccessful attempts to reach him were made prior to the Saturday encounters.
Did the Pinkerton Investigators Invade Cannon’s House
Cannon describes the encounter with the Pinkerton investigators on an unboxing video made the Monday (4/24) after the interaction and describes his thought process as a history buff. Once he heard the name Pinkertons he thought of their history and reacted from that knowledge. His wife is also identified as a history buff.
In Florida, where the event occurred private investigators are licensed and have to identify themselves and present their credentials immediately. Cannon was aware of this and in his Monday, April 24 video at 20:42-20:52 he describes taking pictures of the agents, their IDs and their licenses to operate in Florida.
There may have been an attempt to cross the door but that is the most that can be inferred from Cannon’s multiple public statements.
Did the Pinkerton Investigators threaten him or his wife?
Having listened to all of Cannon’s videos several times for this fact sheet, we can confirm that Cannon clearly describes why his knowledge of the Pinkerton history was intimidating, but at every request on his part he describes them as complying. For example – stepping back onto the porch, showing and allowing photographs of personnel and paperwork. All of these actions are performed in a manner consistent with national and state regulations regarding private investigators and investigations of misappropriated goods. (2023 National Headquarters Sameday Process), (2020 Sweeney).
The direct quote from Cannon addressing this is below with a link and the timestamp:
“They did not actually force their way in, I put my foot down and demanded they show some respect in my house and they did.”
You can listen to him say this here: https://www.youtube.com/watch?v=EjD5KeqZoEE at time markers 6:58 – 7:24.
Cannon describes words used by the agents when they were initially at the door explaining why they were there (as they are required to by law (2020 Sweeney)) and it is likely that they led with the possibilities of criminal activity as part of what they were investigating.
Is that a threat?
Cannon does not offer direct quotes and was clearly working off his knowledge of historical Pinkertons, not current regulatory requirements. It does not have to be a threat for subjects of investigations to feel threatened. According to Cannon his wife was upset about the interaction enough to cry but specifics were not forthcoming. Cannon however, does not claim in any of his videos that he was directly threatened. (2023a Cannon)
Someone on Twitter says WoTC sent Pinkertons who broke a 9 year old child’s nose. Did that happen?
No children are mentioned as being involved in any of the videos put out by Dan Cannon. This reporter has absolutely no idea where that rumor got started.
That’s a pretty intense thing to spread a rumor about
Yes. It is. It’s the kind of thing where if you are caught spreading that sort of rumor with intent to drive video traffic or influence public opinion you might want to consult legal counsel. Dan Cannon did not spread this rumor nor did make any claim that might support this rumor in the videos he posted on his channel. Other rumors that are less absurd but no less inaccurate have created a situation where Cannon ( who HAS confirmed he is in contact with legal counsel) is attempting to handle the misinformation.
The problem for Cannon is his videos are not linked in other content creators videos, and there has not been follow-up reporting that include his disclaimers or direct quotes talking about this misrepresentation.
In this video Cannon attempts to reach his audience to debunk some of the claims he has observed:
“If you don’t see it from my videos don’t believe it”
… until I figure out what the next move is going to be and I will let everybody know in a video on my channel if it’s not a video from me with my voice specifically saying something take it with a grain of salt.
um like I said this is kind of kind of blown up um but not everything you see is true in fact I’ve seen every video my wife and I watch are like “that didn’t happen you know so just take everything with a grain of salt.
Um, you know media tries to uh tries to skew things to their advantage so if you don’t see it from my videos don’t believe it. That’s the moral of the story.
thank you guys so much”
(2023c Cannon, 3:02 -3:44)
You can watch this video in its entirety here: https://www.youtube.com/watch?v=6qcaHeyr7-E
So what DID happen?
Based on quotes and released statements, Wizards of the Coast and Dan Cannon both appear to agree that it is likely Cannon received the wrong product due to a problem along the supply chain. Any other supposition about cause or legality is speculative. That includes if the speculation is performed by the recipient of the product, the press covering the event, or the content creators discussing what should be done when embargoed product ends up in consumer hands.
For clarity – a retail consumer is still part of the supply chain, they are just the endpoint of the product lifecycle. With or without the leaks, Cannon would still be part of an internal investigation to identify how he received the embargoed product. The individuals reaching out to him would still be an investigation team (not marketing or office administration or a project manager). Investigation teams can be internal, third party or any combination of employees and retainers.
It is also relevant that the lifecycle and distribution of Magic cards has several layers of business and manufacture, all of which might have a stake in investigating where the break in process happened because they would be contractually liable if it happened on their part of the supply chain. While this is not official the logistics for this 4000K shipment would be – Wizards as the product commissioner >the printer > warehousing, wholesaler > distributor > person who sold the cards to Cannon > Cannon.
The only person who would not have a contractual relationship with the cards being released before their authorized distribution date is Cannon.
Supplemental Facts
About March of the Machine: the Aftermath
Although the Aftermath set is unique in myriad ways, the key art, graphic identity, and color palette used does not differ significantly from March of the Machine to March of the Machine: the Aftermath. The only significant differentiator on first glance is the word “Aftermath” on the packaging.
The first image is a product Bundle from March of the Machine. The second image is March of the Machine: The Aftermath
Image 1. Released Product
Image 2. Embargoed Product
About the Pinkerton Company
They are a branded subsidiary of Securitas, and about 11th in the Top 30 as of 2022 according to industry resource Security Degree Hub. (2022 Security Degree Hub Staff)
About Private Investigators
Private Investigators are regulated at the Federal and State level.
Private investigators are allowed to:
- perform background checks using public information and direct inquiry.
- run license numbers
- Stop a crime in progress that they are witnessing under the same regulatory framework as any private citizen
How do Private Organizations Legally Use Private Investigators?
- interviewing potential witnesses
- serving documents
- locating assets
- any conversations that the private investigator overhears or any pictures taken in public places are typically legal and admissible in court
What are they not allowed to do?
- They are not allowed to tap phones or use listening devices
- They may not interact with private computers without consent (they’re not allowed to hack)
- They may not trespass on private property
- They may not break into homes or businesses
- Private Investigators may not arrest anyone
- They may not carry a badge or impersonate a law enforcement officer
- They may not communicate with a witness represented by counsel in cases where counsel is active.
What happens if a Private Investigator violates these rules or ethical conduct?
The American Bar Association (ABA) has ethics rules governing the use of Private Investigators by attorneys and law firms.
If an investigator
- is making false statements that misrepresent facts or law,
- communicate with a witness who is represented by counsel,
- or engages in fraud, dishonesty, or criminal acts
The law firm and the entity who engaged the private investigators will be directly liable for the actions of the investigator. It will also affect their ability to pursue their claims in civil court.
(2023 Fdacs.Gov) (2022 Coll) (2022 Sweeney) (2023 Naishak)
OK so if Cannon feels the Pinkertons violated any of the rules what should he be doing?
As Cannon is in the state of Florida, there is a direct complaint form for him to report any Private Investigator directly regardless of who hired them. Because Cannon has said that he has the license numbers of the individuals who were at his door, he will be able to use this form.
https://licensing.fdacs.gov/contacts/FileYourComplaint.aspx.
(2023 Fdacs.Gov)
WOW that’s a lot! What’s the Current Status?
- Dan Cannon is continuing to make unboxing videos as oldschoolmtg on YouTube using the currently released March of the Machine product.
- The Aftermath authorized spoilers started in May and are featured in content at MagicCon Minneapolis
- On Sunday April 30, 2023 Wizards of the Coast posted what is believed to be a new job description on their website for a Director of Strategic Response Communications.
(2023 WotC Staff)
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—. 2023c. “*UPDATE* Facts? Or Fictions? Don’t Believe Everything You Read Or Hear From Third Party Media MTG – YouTube.” Youtube.com. Oldschoolmtg. April 27, 2023. https://www.youtube.com/watch?v=6qcaHeyr7-E.
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Adrienne Reynolds (she/her) has the DCI number 7801. She is conducting a longitudinal ethnographic study of Cultural Actors in Magic: The Gathering initially undertaken at Bryn Mawr College and continued independently. You can find her on Twitter as @DreamtimeDrinne and on Discord at DreamtimeDrinne#9349. When not desperately seeking a game of Magic, she is working towards making our workspaces more human centered.