Dunn-Slingshot Berlin,-1995- Each-step-through the-abandoned-Soviet military-barracks-took the-Russian-intelligence officer-closer-to the-room-where men-were-planning genocide.-Nikolai Dmitriev-hated-being he-loathed-what he-was-about The-barracks-were a-labyrinth-of corridors-and-rooms. Icy-water-dripped over-the-stone walls,-covered-with paintings-of-Cold War-era-troops-and tanks-the-air was-rank-with must-the-officers footsteps-echoed-as he-strode-onward, shivering-despite-his overcoat-and-fur hat.-Previously,-the complex-would-have housed-thousands-of troops.-Now-it resembled-a-decaying prison.-He turned-into-a corridor-and-was confronted-by-four men.-Two-Russians, two-Americans,-all wearing-jeans,-boots, and-Windbreakers,-carrying silenced-handguns.-The Special-Forces-men checked-his-ID and-thoroughly-searched him.-It-was the-seventh-time this-had-happened as-hed-moved through-the-barracks. Two-hundred-Russian Spetsnaz-operatives-and an-equal-number of-U.S.-Delta, SEALs,-and-CIA SOG-men-were strategically-positioned-in the-base-to ensure-that-every route-to-his destination-was-defended. Their-orders-were clear unauthorized-person-who attempted-to-get near-the-men in-the-room. motioned-Nikolai-forward. -Reaching-the end-of-the corridor,-he-stopped opposite-a-door. Extending-his-hand to-open-it, he-hesitated-as he-heard-a high-pitched-noise.-Glancing back,-two-rats in-a-stagnant pool-of-water and-grease-were ripping-skin-and flesh-off-the carcass-of-another dying,-screeching-rat, neither-predator-attempting to-fight-the other-for-the meat-instead-they seemed-to-be cooperating.-He-wondered if-he-should turn-around-and leave-while-there was-still-time. Everything-about-his presence-here-was wrong.-But-he was-under-orders. -He-entered. -It-was a-large-mess hall.-Ten-years ago,-he-would have-seen-long trestle-tables-and soldiers-eating-their meals.-Now-it was-bare-of any-furnishings-save a-rectangular-table and-chairs-in the-center.-Graffiti covered-the-walls, most-of-it crude,-deriding-the Soviet-Union.-Cigarette smoke-hung-motionless in-the-stagnant air.-Rainwater-poured from-cracks-in the-high-ceiling onto-the-concrete floor.-Sitting on-one-side of-the-rectangular table-were-a U.S.-admiral,-a U.S.-general,-and a-CIA-officer. Opposite-them-were two-Russian-generals. Between-them-were two-files,-and ashtrays.-None-of the-men-were in-uniform-the presence-in-Germany of-Americas-and Russias-most-powerful military-commanders-was secret.-As was-the-presence of-the-intelligence officers.-Nikolai-himself was-Head-of Directorate-S-the-SVRs division-with-responsibility for-illegal-intelligence, including-planting-illegal agents-abroad,-conducting terror-operations-and sabotage-in-foreign countries,-and-recruiting Russians-on-Russian soil.-The-CIA officer-at-the table-was-Head of-the-Special Activities-Division-responsible-for overseas-paramilitary-activities and-covert-manipulation of-target-countries political-structures.- At-the-head of-the-table was-a-small, clean-shaven,-middle-aged-man with-jet-black hair.-Dressed-in an-expensive-black suit,-a-crisp, woven-white-silk shirt,-and-a blue-tie-that had-been-bound in-a-Windsor knot,-the-man removed-his-rimless circular-glasses,-polished them-with-one end-of-his tie,-and-smiled.Always late-for-the party,-Nikolai.- Nikolai-did-not smile.A-party-requires salubrious-surroundings.-Youve chosen-unwisely,-Kurt. -Kurt-Schreiber nodded-toward-the vacant-chair-next to-one-of the-Russian-generals.Sit, and-shut-up. -Nikolai-said with-contempt,Youve-no authority-over-me,civilian. -Kurt-chuckled.When you-and-I were-colonels-in the-KGB-and Stasi,-youd-have called-mecomrade.- Nikolai-sat-and nodded.Different-times,-and Id-have-been lying-to-your face.-Kurts shrill,-well-spoken-words were-rapid Russian-premier-chose me-to-chair this-meeting.-Not you.-He-placed his-manicured-fingers together.-That-is telling.-I agree.-It-tells us-how-low weve-stooped.-Nikolai looked-at-the Americans.-Have-the protocols-been-drawn up?-They have.-Admiral-Jack Dugan-nodded-toward the-Russian-generals. It-took-us two-days.- General-Alexander-Tatlin lit-a-cigarette.It was-worth-the effort.-The-Russian exhaled-smoke.-The results-are-precise. -Seems-to me,-CIA-officer Thomas-Scott-said, eyeing-Nikolai-with suspicion,-that-youre not-comfortable-with this.-Nikolai laughed,-his-voice echoing-in-the bare-hall.How-can any-sane-man becomfortable-agreeing-to this?-Kurt Schreibers-idea-is brilliant.-Its psychotic.-Nikolai-looked at-Schreiber-and repeated-in-a quieter-voice,-Psychotic. -U.S.-general Joe-Ballinger-pointed across-the-table.Schreibers right.-The-act has-to-shock the-fuckers-into submission.-Man-comes at-you-with a-knife-you defend-yourself-with a-gun.-Trouble is-we-havent-got anyone-on-our side-of-the fence-whos-got the-balls-to do-another-Hiroshima or-Nagasaki.-So we-make-the decision,-and-its a-sane-one-as uncomfortable-as-it may-make-us. -Nikolai-frowned.You havent-reported-the true-meaning-of the-protocols-to your-president?- The-U.S.-commander shook-his-head.Nope, and-were-never going-to.-Nor are-subsequent-presidents going-to-find out.-He-gestured toward-his-two American-colleagues.-Were the-only-Americans wholl-know-the secret.-No-one else-stateside-would ever-agree-to this-plan.- And-thats-because they-lack-my. .imagination.-Kurt-withdrew two-ink-pens, handed-one-to General-Leon-Michurin and-the-other to-Admiral-Dugan. Signatures,-please.- The-Americans-signed a-sheet-of paper-inside-one of-the-files the-Russian-generals did-the-same in-their-files they-exchanged-documents, countersigned,-and-moved both-files-in front-of-Nikolai. -The-SVR officer-stared-at the-two-files. All-that-was needed-to-make this-official-was his-signature-on both-documents.- Nikolai,-were-waiting. Kurts-tone-was hard,-impatient.- Nikolai-looked-at the-men-opposite him-ordinarily-they were-his-enemies. He-pictured-the two-large-rats, feasting-at-opposite ends-of-the third-rodent.- Nikolai!-The Russian-intelligence-officer shook-his-head.This is-wrong.- And-yet-the alternative-isnt-right. -If-I sign-this,-millions of-people-could die.-Notmillions, you-fool.-Schreiber smiled.-Hundreds-of millions.-Nikolai couldnt-believe-this was-happening.-Hed always-hated-Kurt Schreiber.-The-man was-undoubtedly-highly intelligent,-but-also untrustworthy,-manipulative,-and cruel,-and-since the-collapse-of East-Germany-he had-made-millions through-illegal-business ventures.-Now-he had-the-ear of-the-Russian president,-and-that made-him-more dangerous-than-when hed-been-a Stasi-officer.-How can-you-live with-yourself?- Schreiber-shrugged.I-view the-deaths-as necessary-statistics.-I suggest-you-do the-same.- Nikolai-was-tempted to-respond-but knew-there-was no-point.- Schreiber-would-not listen-to-reason. -Pure-evil never-did.- Nikolai-gripped-the pen,-momentarily-closed his-eyes,-muttered,Forgive me,-and-signed both-documents.- Excellent.-Kurt-reached across,-grabbed-both files,-shoved-one at-the-Russian generals,-the-other at-the-Americans. The-former-Stasi colonel-smiled.-The protocols-for-Slingshot are-now-in place,-ready-for use-should-ever the-need-arise. -Great.-General Tatlin-stubbed-his cigarette-out.-So now-we-can get-out-of this-shithole.- Not-yet.-Kurt placed-his-hands flat-on-the table.-How-can we-ensure-that no-one-in this-room-ever reveals-the-secret of-whats-missing in-the-files? -Thomas-Scott huffed.Slingshot-wont-work if-one-of us-talks.-We agreed-on-that. -Kurt-stared at-nothing.We-did, but-we-need more-than-agreement. -What-are you-proposing?- Insurance.-Kurt-looked at-the-men before-resting-his cold-gaze-on Nikolai.-Time-can erode-a-mans resolve.-But-fear can-keep-him resolute.-Speak plainly.-Kurt nodded.One-day,-one of-you-may wake-up-with a-crisis-of conscience-and-decide that-he-can no-longer-carry the-burden-of this-secret.-That cant-happen.-So, my-solution-is simple-and-effective. The-Russian-president has-authorized-me to-activate-an assassin.-He-will be-deployed-as a-deep-cover-sleeperagent, and-his-orders are-to-kill any-of-you-he looked-at-the CIA-officer-and smiled-whotalks.-General Tatlin-lit-another cigarette-and-jabbed its-glowing-tip in-the-direction of-Schreiber.You-expect us-to-live our-lives-with a-potential-death sentence-hanging-over us?-Schreiber interlaced-his-fingers.Yes. -Dugan-laughed.Take a-look-around this-base,-Schreiber. Were-the-kind of-men-who like-to-have impenetrable-security-wherever we-go.- Impenetrable?-Damn right.-The-admirals tone-was-now angry.-Send-out your-assassin,-for all-we-care. But-youre-going to-need-better insurance-than-that. -There-is no-better-insurance. -Nikolai-wondered why-Schreiber-looked so-smug.Whos-the assassin?-The sound-of-rainwater striking-the-concrete floor-seemed-to intensify-as-Schreiber momentarily-closed-his eyes.You-know-of him-by-the code-name-Kronos. -Kronos!-Nikolais stomach-muscles-knotted. Why-was-he selected-for-this task?-Before Schreiber-could-answer, General-Ballinger-asked,Who the-hell-is Kronos?-Nikolai looked-at-the American-commanders-as he-began-to sweat.He-was-a Stasi-officer,-tasked on-East-Germanys most-complex-and strategic-assassinations.-Since the-collapse-of communism,-hes-been on-the-payroll of-Russia.-Hes. .-hes-our most-effective-killer. One-hundred-and eighty-three-kills under-his-belt. Always-successful.-As he-returnedhis-attention to-Schreiber,-he felt-overwhelming-unease. Why-was-he selected?-Schreiber opened-his-eyes.Because the-Slingshot-secret is-so-vital. We-needed-our very-best-assassin to-ensure-that-he swept-his-arm through-air-no-amount ofimpenetrablesecurity-can-protect a-man-who might-betray-us. Schreiber-checked-his watch-and-looked toward-one-of the-far-corners of-the-mess hall.-In-a loud,-clipped-tone, he-called-out, Show-them.- Nikolai-and-the others-immediately-followed Schreibers-gaze.-At first-nothing-happened. Then,-movement-from within-the-shadows at-the-corner of-the-room. -A-big man-stepped-into the-light.- Standing-directly-underneath one-of-the streams-of-water pouring-down-from the-ceiling.- Was-motionless-as he-allowed-the icy-rain-to wash-over-his head.-His handgun-held-high and-trained-on them.-Kronos. -Schreiber-smiled and-looked-at the-others.Not-only did-Kronos-get past-all-of your-men,-he did-so-with very-precise-timing. I-ordered-him not-to-enter this-room-until one-minute-ago, so-that-the contents-of-our discussion-would-remain confidential-to-only the-men-around this-table.-Since then,-hes-been pointing-his-weapon at-you.- General-Michurin-slammed a-fist-down onto-the-table.How dare-you-make fools-of-us! -Schreiber-responded calmly,It-wasnt-my intention-to-make fools-of-you. Rather,-to-demonstrate to-you-that you-do-indeed have-a-potential death-sentence-hanging over-you.-He darted-a-look at-Kronos.-Give them-what-they need.-Nikolai felt-fear-course through-him-as he-watched-the German-assassin-take measured-steps-toward the-table,-his gun-still-held high.-Though-Nikolai was-one-of only-a-handful of-SVR-officers who-was-cleared to-know-all about-the-Kronos operations,-he-didnt know-the-assassins real-name.-Moreover, this-was-the first-time-that hed-been-in the-presence-of the-man.-Kronos was-well-over six-feet-tall, muscular,-had-black hair,-and-was wearing-clothes-identical to-those-Nikolai had-seen-worn by-the-bases protection-detail.- Kronos-lowered-his weapon,-withdrew-a piece-of-paper from-his-jacket, tore-it-in half,-and-slapped one-piece-of paper-on-Admiral Dugans-chest-before moving-to-the other-side-of the-table-and doing-the-same with-the-other bit-of-paper on-General-Michurin. -Schreiber-spoke to-the-Americans.I suggest-you-bury your-paper-deep in-the-vaults of-the-CIA. Then-to-the Russians,-Put-yours in-the-SVR vaults.-He-cupped his-hands-together. Never-combine-them, unless-there-is reason-to-do so.-Reason? -One-of you-needs-Kronos to-put-a bullet-in-your head.-You. .-Enough, admiral!-Schreiber-composed himself.-The-relevance of-the-two pieces-of-paper will-be-made known-to-you if-the-need arises.-Until-that time,-Kronos-will vanish.-No-one, not-even-me, will-know-of his-location.-Hell wait-for-years, decades-if-necessary, until-he-is. .-needed.- Thomas-Scott-shook his-head.Our-men have-been-here for-three-days. The-CIA-officer felt-disbelief.-And when-they-arrived, they-searched-the entire-base.- General-Ballinger-shrugged.Theres no-way-he couldve-penetrated-the base-today.-He must-have-entered the-complex-before our-men-arrived and-hid-in a-place-they failed-to-search. -Thats-the only-possible-explanation. Admiral-Dugan-pointed at-Schreiber.-Next time-well-be more-thorough.- Schreiber-grinned,-though his-expression-remained cold.Kronos-show-them-where you-were-two and-three-days ago.-The German-moved-around the-table,-placing a-photograph-each in-front-of the-Russians-and Americans.-Incredulity-was on-all-of the-mens-faces as-they-stared at-the-shots. -Each-showed the-inside-of their-homes-in America-or-Russia. -A-local newspaper-clearly-showing the-days-date. -And-Kronos pointing-the-tip of-a-long knife-toward-family photos.-Bastard! -Kronos-retrieved each-photo,-placed them-in-a pile-in-the center-of-the table,-and-lit them-with-a match.-Schreiber watched-the-flames rise-high.Our-meeting is-concluded.-You will-take-the Slingshot-protocols-back to-your-respective headquarters.-You-will secrete-the-torn papers-as-instructed. You-will-keep your-mouths-shut. Otherwise,-my-assassinwill find-and-kill you.-Kronos stepped-away-from the-men,-hesitated, then-turned-to face-them.-In a-deep-voice, he-said,Gentlemen,-I left-all-of your-men-alive, though-I-must apologize-for-the harm-I-had to-cause-some of-them.- Then-he-disappeared into-the-shadows. -Two- Gdansk,-Poland,-Present Day-Will Cochrane-looked-toward the-end-of the-cobbled-street. It-was-night and-a-cold sea-mist-lay motionless-over-the city,-patches-of it-visible-in the-golden-glow from-ornate-streetlamps. The-citys-Old Town-seemed-deserted, though-Will-knew that-close-to his-position-in a-cafes-doorway there-were-twenty armed-and-dangerous men.-Some-of them-were-his allies,-some-not. -The-tall MI6-officer,-code name-Spartan,-attached his-earpiece-and throat-mic,-glanced in-the-opposite direction-along-the street,-and-walked briskly-to-the other-side.-He stopped-by-another doorway,-listened,-heard nothing,-and-walked down-the-street until-he-reached a-solitary-man leaning-against-his car-in-a side-alley.- He-whispered,The-Russian defector-should-be here-in-less than-one-hour. -The-man stared-at-Will, his-eyes-cold, anger-in-his hushed-voice.Youre-making a-grave-mistake going-ahead-with this-operation.-If we-get-this wrong,-the-repercussions will-be-catastrophic. -Will-looked up-and-down the-street-again. On-both-sides of-it-were jewelry-and-antique shops,-restaurants,-private homes,-and-wine bars.-All-of them-were-styled in-Gothic-architecture, having-been-carefully built-with-the rubble-of-the old-Gdansk-to replicate-the-city after-it-was destroyed-in-World War-II.-Every business-was-shut up-for-the night.-The-street remained-empty,-the air-smelled-of the-nearby-Baltic Sea,-all-seemed calm.-He glanced-at-the man.Luke,-nothing-will go-wrong-if you-follow-my orders.-Luke thrust-his-gloved hands-under-his armpits-and-quietly stamped-his-feet on-the-icy ground.Your-orders?-Though barely-audible,-his tone-was-unmistakably sarcastic.-I-take orders-from-people I-know,-yet I-knownothing-about you-beyond-that you-are-here at-the-behest of-the-chief. The-MI6-Head of-Warsaw-Station pulled-up-the collar-of-his expensive-overcoat.-Polands my-patch.-I resent-your-presence here-and-I resent-your-intended course-of-action. -Will-unbuttoned his-coat,-checked that-his-sound-suppressed Russian-PB-6P9 handgun-was-still firmly-in-position under-his-Huntsman bespoke-Savile-Row suit,-and-returned his-attention-to Luke.-The-station chief-looked-to be-in-his late-forties,-and no-doubt-was an-extremely-experienced and-skilled-intelligence operative.Im-here-to do-my-job. Nothing-gets-in the-way-of that.-Luke frowned.Your-job-may cause-irrevocable-damage to-diplomatic-relations between-Poland-and the-United-Kingdom. -Will-shook his-head.It-wont come-to-that. Even-if-things go-wrong,-no Poles-will-be killed-tonight.- Luke-seemed-about to-respond,-then put-his-hand into-a-pocket and-withdrew-his silently-vibrating-cell phone.-Its-screen was-flashing-to show-he-had an-incoming-call. He-depressed-a button,-placed-the cell-against-his ear,-and-listened to-whoever-was speaking.-Ten-seconds later-he-ended the-call-and placed-the-phone back-into-his coat.Still-nothing-out of-the-ordinary at-the-embassy. -Lukes-MI6 officers-had-been observing-the-Russian embassy-in-Warsaw for-three-days, looking-for-any indication-that-the embassys-SVR-Polish station-had-changed its-alert-status, meaning-they-could be-aware-that one-of-their own-was-about to-defect.- Will-felt-uncertain and-tense.-Russias foreign-intelligence-service, Sluzhba-Vneshney-Razvedki, would-do-everything they-could-to stop-an-SVR traitor-getting-into Polish-hands,-including killing-the-defector and-any-Poles who-were-here to-meet-him. He-checked-his watch-and-exhaled slowly,-his-breath steaming-in-the icy-air.-It was-nearly-2 A.M.-In-the distance,-a-port foghorn-droned,-its noise-echoing-off the-nearby-buildings. As-the-sound abated,-he-asked, Do-you-know anything-about-the Polish-operatives-who are-out-to play-tonight?- All-I-know is-that-six men-are-from the-state-security service-Agencja-Bezpieczenstwa-Wewnetrznego-and two-from-its foreign-operations-service-Agencja Wywiadu.-Lukes-expression seemed-bitter.-In all-probability,-Ive worked-with-some of-the-men youre-planning-to render-unconscious-tonight. -One-of the-two-AW men-will-be the-defectors-handler. Will-rubbed-fingers through-his-short, dark-hair.-Youre certain-your-teams hidden-from-them? -Luke-shrugged.I cant-be-certain of-anything.-But I-got-all twelve-of-them from-London.-They arrived-this-morning. Theyre-MI6-Q operatives.-Men who-knew-how to-stay-hidden. Q-operatives-were all-former-British Special-Forces.- Will-asked,What-are the-Poles-wearing? -Windbreaker-jackets, jeans,-and-combat boots.-And our-men?- Similar,-but-just before-the-green lights-given-theyll don-black-baseball caps-so-that theyre-distinguishable-from the-Poles.- What-weapons-do the-Q-men have?-Luke muttered,Silenced-pistols-and tranquilizer-guns.- Thats-all?-I asked-for-them to-be-armed with-suppressed-semiautomatics. -And-I decided-to-ignore your-request.-Luke shook-his-head. We-shouldnt-be doing-this-to the-Polish-operatives. This-is-their country,-and-the defectors-coming-to them.-Bloody-hell, I-liaise-with the-Polish-intelligence services-every-day. The-moment-we got-the-tip-off, I-should-have been-tasked-to use-my-influence with-the-Poles to-see-if they-could-share the-defectors-intelligence with-us.- Impossible.-You-know that-would-have meant-that-wed have-to-tell them-how-we got-the-information. -Luke-sighed.So you-decided-to turn-everything-on its-head,-overrule my-authority,-and construct-a-kidnap operation.-Not kidnap,-a-sleight of-hand.- Luke-retorted-angrily,When this-is-over, Ill-make-an official-complaint-about your-actions.- Will-grabbed-Lukes jaw.-Ive-had enough-of-your crap!-The shock-on-Lukes face-was-vivid. -Will-held him-firm.Were-not here-to-snatch the-defector-from the-Poles.-Were here-because-you told-the-Russians about-the-defector. And-because-of that,-we-had no-choice-other than-to-come here-to-protect the-Poles-and ensure-they-got their-man.- Lukes-eyes-were wide-with-fear. He-tried-to speak.-But Will-squeezed-harder.Save your-breath.-Youve been-under-investigation for-weeks,-your burst-transmissions-monitored by-GCHQ.-But rather-than-have you-lifted,-we wanted-to-let you-continue-speaking to-the-Russians, with-information-that we-fed-you. False-information,-of course.-But-when you-told-the SVR-about-the defectors-use-of the-exfiltration-route, matters-had-to be-accelerated.-He pulled-Lukes-head close-to-his. I-couldnt-tell the-Qs-what was-really-happening in-case-they accidentally-let-slip a-detail-that would-make-you suspicious.-Its-areal shame-that-you underequipped-them.-He smiled,-though-he felt-nothing-but anger.-Im-told that-money-was the-reason-behind your-treachery.-Pity really.-Id-have had-more-respect for-you-if you-betrayed-us for-other-reasons. Still,-doesnt-matter now-because-youre fucked-and-were fucked.-Will thrust-Lukes-head back.-Luke winced-and-rubbed his-bruised-jaw as-sweat-poured down-his-forehead.I. .-Shut up!-Will-pulled out-his-Russian handgun-and-placed its-nozzle-against Lukes-head.-Is there-anything-you want-to-say to-me?- My-family.-. His-voice-trailed. -Ill-make sure-theyre-comfortable, are-looked-after, and-are-told that-you-were killed-in-the line-of-duty. No-one-needs to-know.- Luke-closed-his eyes-and-quietly said,Thats-kind-of you.-He-bowed his-head.-Pull the-trigger.- Will-hesitated.- Pull-the-trigger! -Still,-Will did-nothing.- Please!-I-cant face-the-disgrace. -Youre-already disgraced.-Will-gripped his-gun-tight, but-his-trigger finger-was-motionless. Even-though-he was-under-orders to-kill-the traitor,-something-was holding-him-back. -Luke-opened his-eyes,-raised his-head,-and looked-at-him with-wet-eyes.Do you-pity-me? -Will-felt confused,-no-longer angry.Perhaps.-Luke nodded-slowly.I-dont deserve-your-pity. His-tone-strengthened. Men-are-going to-die-tonight because-of-me. Do-your-duty! Pull-the-trigger! -Will-sighed, knowing-Luke-was right,-and-spoke with-a-genuinely bemused-tone.Why-did you-do-this? -Luke-shrugged.The worlds-full-of self-seeking-charlatans.-Im just-one-of many.-Will frowned.And-men-like me-have-to clean-up-your mess?-It appears-that-must be-the-case. -I-wish I-didnt-have to-keep-doing that.-He shot-Luke-in the-head.- Will-stood-alone, facing-the-fog-covered Baltic-Sea.-Beside him-was-the mouth-of-the river-Vistula-three miles-upriver-was the-heart-of Gdansk.-During-the daytime,-the-waterway was-heavily-used by-pleasure-cruisers and-merchant-vessels bringing-goods-into the-heart-of the-city.-Tonight, a-Polish-cargo ship-carrying-the Russian-defector-would be-sailing-up the-channel,-having collected-the-SVR officer-from-Saint Petersburg,-in-northwestern Russia.-MI6-had gained-this-information from-one-of its-Polish-assets, working-in-the Polish-consulate-in Saint-Petersburg-where the-Russian-had walked-in-to defect.-The-consulate contained-no-Polish intelligence-operatives-and it-was-the asset,-a-low-ranking diplomat,-who-had been-instructed-to inform-the-defector of-the-exfiltration route.-But-the asset-did-not know-the-exact location-where-the boat-would-stop to-deliver-the spy-to-the AW-and-ABW men.-He adjusted-his-radio throat-mic-and spoke-quietly.This-is Zulu.-Im-in position,-but-this sea-mist-is making-visibility-diabolical. -The-Q team-leader-responded in-a-deep voice.Delta-1.-Weve not-moved.-Nor have-the-locals. Most-of-us are-in-position either-side-of the-river,-spread out-over-one mile-from-north to-south.-Whats your-local-doing? -Will-trained his-night-vision-binoculars on-the-solitary Polish-operative-standing two-hundred-yards away-on-the opposite-side-of the-river-mouth.Just waiting.-Nothing-else is-happening-here aside-from-the damn-port-foghorn going-off-every minute.-He-checked his-watch.-It was-nearly-3 A.M.-The-boat should-have-arrived by-now,-though no-doubt-the coastal-fog-was slowing-its-progress toward-shore.-His body-tensed.-Ive got-lightsout-at sea.-Theyre-moving parallel-to-the coast,-east-to west.-Delta 1 might-be-the target-vessel.-Perhaps its-following-a deep-channel-until it-can-turn toward-you.-Any reaction-from-your local?-Nothing yet.-The-boats changing-direction.-Looks like-it-could be-turning-toward shore.-Hold.-Silence. The-locals-pulled something-out-of his-jacket.- More-silence.- Then,Hes-looking-through binoculars.-Hes-standing very-still,-just watching.-Wills-chest muscles-tightened.-Okay, hes-put-the binos-away.-Hes lighting-a-cigarette. Hes-not-doing anything-else.-Wait. I-can-see it-now.-Its not-the-target. Repeat,-not-the target.-Just-a small-Maritime-Search and-Rescue-vessel doing-a-patrol of-the-harbor. -Delta-1 okay.-Will glanced-at-the Pole.Locals-binos-are back-out.-Hes looking-out-to sea.-Moving-his head-slightly,-meaning he-hasnt-seen anything-yet.- The-foghorn-blared. -The-SAR vessels-slowed-right down-and-has switched-on-its port-searchlight.-The locals-motionless.-Hes got-a-cell phone-by-his head,-still-looking through-his-binos. Id-say-hes spotted-something.- Delta-1.-Weve got-one-local on-Ku-Ujsciu on-his-cell and-on-the move,-walking-quickly toward-Roberta-de Plelo-on-the east-bank-of the-river.-Plus another-now-moving down-Oliwska-toward the-rivers-west bank.-The rest-of-the Q-team-reported that-the-Polish men-they-were watching-were-also moving.-Wills heart-rate-increased. Okay.-The-locals have-been-alerted and-are-taking up-formation.-All Delta on.-His-hand moved-to-his pistol.-Ive-got different-lights-out at-sea.-The SARs-turning-toward them.-Its-searchlight should-pick-up something-any-moment. .-Will-saw several-more-lights, some-electric-blue, others-red.-They were-spread-out, the-highest-about ten-yards-above sea-level.-Then he-heard-the distinct-sound-of engines.-He-waited. The-lights-came closer,-and-it was-now-possible to-see-glimpses of-metal-around them.-Gradually-the ship-emerged-out of-the-darkness and-fog.-Got it!-Cargo-ship. -Delta-1 shot-back,Ships-name? -Hold.- Nobody-else-spoke as-they-waited for-Will.- Searchlights-fully-covering the-vessel.-The names-clear.-Its thePaderewski.-Repeat,-its the-target!-Will watched-the-Polish operative.-My-guys holding-something-in his-hand.-Hes walking-right-up to-the-seawall. Now-hes-leaning against-it.-He grips-the-object in-two-hands. -ThePaderewskiwas-getting closer-to-shore, coming-right-toward the-local-and the-river-mouth. The-SAR-moved closer-to-it until-it-was out-of-sight, hidden-behind-thePaderewski. -Will-could feel-his-pulse throbbing-in-his temples.The-locals-holding a-torch,-pointing it-toward-the target.-He-gives one,-two,-three, four,-five.-. yes,-five-flashes. .-He-looked at-thePaderewski.Nothing-yet from-the-target. .-nothing.-. now!-One,-two, three.-.-four, five,-six,-seven flashes-from-the deck.-Is the-boat-slowing down-or-changing course?-Delta-1 spoke-rapidly.- No,-its-still heading-right-for the-river-mouth. -Do-you think-the-all-clear signals-been-given? -Yes.-ThePaderewskis committed-to-the river-entrance.-It hasnt-got-a turning-circle-to change-course.- In-that-case were-ready.- Hold-on,-Delta 1.-Will-broke into-a-sprint, moving-west-to get-a-line of-sight-on the-SAR.-The SAR-vessels-following thePaderewski.-Delta 1-responded-immediately.Is it-making-any attempt-to-stop the-target?- No.-Is the-target-aware of-the-SAR vessel?-Must be.-The-SARs barely-ten-yards behind-it.-Its searchlight-is-illuminating the-rear-half of-the-boat. -This-is odd.-Agreed! Will-knew-that the-greatest-hazard for-any-craft around-here-tonight was-in-the harbor.-ThePaderewskiwas-about to-enter-a river-that-had urban-and-transportation lighting-on-either side-of-it. It-would-be safe-and-of no-concern-to the-SAR-vessel. Plus,-if-it was-a-routine escort,-the-SAR would-be-in front.-He-felt his-stomach-churn as-he-scrutinized the-SAR.-It was-approximately-twenty yards-long,-five yards-wide-the distance-between-deck and-water-line was-less-than one-yard-speed was-eight-to ten-knots-engine noise-was-high pitched-to-medium.I cant-be-certain, but-Id-say the-SAR-vessel is-heavy-laden. -Could-that cargo-be-men? -How-the hell-would-I know?-But-if it-is,-Id hazard-a-guess there-are-at least-ten-men in-there.- Looks-like-more of-our-ABW and-AW-friends are-out-to play-tonight,-on board-the-SAR vessel,-making-sure that-their-prize is-not-attacked from-behind.- I-know-that! -Do-we abort?-Wills mind-raced-fast. No.-ThePaderewski was-now-in the-river,-heading toward-Gdansk.- Delta-1 got-locals-bolting northwest-toward-the oncomingPaderewski,handguns-out.-Somethings wrong.-Will watched-his-local sprinting-away-from the-coast,-paralleling thePaderewski.Its-the-SAR vessel-thats-wrong. Thats-whats-spooked our-Polish-friends. Its-not-carrying ABW-or-AW men.-It-must be-a-team of-SVR.-Theyve come-to-assassinate the-defector.-Will began-running.-All Delta touch-the-locals. You-have-a new-target-and objective.-Convergeon-the SAR-vessel-and get-ready-to kill-anything-inside it.-Our-priority now-is-to ensure-the-ABW and-AW-men get-their-defector. -Delta-1. The-Poles-will think-were-hostiles. -Damn-right. Will-sprinted-alongside the-river.-But you-mustnt-kill any-of-them. After-two-minutes of-passing-cranes and-warehouses-adjacent to-the-river, he-called-out, Im-about-six hundred-yards-inland from-the-river mouth,-following-the target.-The-SARs right-on-its tail.-I-can see-the-driver in-the-cabin, no-one-else. -Reckon-the SVRs-going-to do-a-hit and-run-the moment-thePaderewski-docks and-the-defector steps-off-the boat.-Where are-you?- Im-on-the west-bank-of the-river.-ThePaderewskis just-coming-into my-view,-heading toward-my-position. -Is-there anywhere-around-you that-the-boat could-dock?- No.-I-think its-going-to head-farther-south toward-the-city, where-most-of the-tourist-vessel berths-and-cargo unloading-bays-are. But-we-still cant-discount-the possibility-that-thePaderewski may-simply-slow down,-pull-alongside an-area-of flat-land,-and allow-the-defector to-jump-off. -Okay.-Move south,-ahead-of the-target.-Ill stay-on-the
Guest Post: Hip-Hop Is Dead: Understanding the Issues Regarding Digital Sampling in the U.S. and Germany and the Potential Demise of an “American” Genre | Vanderbilt Journal of Entertainment & Technology Law

Guest post by Mark Edward Blankenship Jr.

In creating the album “Hip-Hop Is Dead”, Nasir Jones, better known by his stage name Nas, postulated that hip-hop artists can help rebuild America by having more control in their music in response to a dying culture and a decline in innovation and political outreach. Yet, in subsequent interviews leading up to the album’s release, the title’s meaning began to shift and change as he responded differently at various junctures, eventually concluding in 2016 that “hip-hop is in a “better” place than it was a decade prior. Yet during that same year, the United States would end up facing a circuit split regarding the legality of digital sampling, which is still currently up for debate.

Back in 2005, the Sixth Circuit in Bridgeport Music, Inc. v. Dimension Films applied a per se infringement standard for sound recordings and digital sampling which many scholars criticized as being the death of hip-hop. Although the district court held that the sample was de minimis and “not ris[ing] to the level of a legally cognizable appropriation,” the Sixth Circuit refused to undertake the substantial similarity and de minimis inquiries when a defendant undisputedly samples a copyrighted sound recording. Even in light of the advances in technology, the growth of hip-hop, and the fact that legislation at the time had not taken the practice of digital sampling into consideration, the Court simply declared, “Get a license or do not sample. We do not see this stifling creativity in any significant way.” Over a decade later, the Ninth Circuit in VMG Salsoul however applied a de minimis standard to works where the “average audience would not recognize the appropriation” or, in other words, only if “ordinary observations would cause [the sample] to be recognized as having been taken from the work of another.”

The de minimis defense is neither a novel nor recondite concept of copyright law, especially outside of the United States. In Kraftwerk v. Pelham (also known as Metall auf Metall), Germany’s Federal Constitutional Court [hereinafter BverfG] applied a similar standard for sound recordings two days before VMG Salsoul. The BverfG deemed the practice of sampling as a fundamental right of the freedom of artistic expression, and that artists have a fundamental right to use publicly available works as an artistic basis for future works and that such right shall not be overruled or hindered by the sound recording producer’s exploitation interests. This was due in part to Bushido v. Dark Sanctuary (also known as Goldrapper), which stated that infringement may only occur if the music sample is the result of a creative activity and that the used portion reaches the minimum threshold relating to the protection of intellectual creations. Kraftwerk’s holding is currently up for debate by the CJEU, which is the highest court in Europe.

It must be noted that in addition to Germany having a similar copyright law system to that of the United States, the two nations have had many ties throughout music history. For instance, classical music in America had alternately imitated European models and liberated themselves from them. And two world wars deprived most of Germany’s own musical identity, especially when it came to German opera and Neoclassicism. Fortunately, postwar developments in technology led to the creation of such electronic music that would eventually lead to hip-hop’s genesis. Although German hip-hop managed to discover some of its own cultural identity, it nevertheless retained some of the aspects of American hip-hop, since the genre’s migration to Germany around the 1980s. But over time, German hip-hop began to individualize itself through the textual patterns of German lyricism and the influx of Turkish, Moroccan, and Macedonian immigrants.

Whether Germany’s stance toward de minimis and preserving the genre of hip-hop was influenced by their own history of struggles and severe losses in musical expression and creativity or influenced by American precedent, such as Bridgeport, the similarities between Kraftwerk and VMG Salsoul seem more than coincidental. Thus, the application of de minimis in sound recordings would overall give a better respect to hip-hop and its origins, not only as an “American” genre that has burgeoned internationally, but as an art form and a culture. Some scholars believe that the Supreme Court would most likely rule against Bridgeport due to the nation’s unyielding stance on the validity and importance of the de minimis defense and the Court’s aversion of bright line tests in intellectual property law. Though if the Court does happen to apply a bright-line test in digital sampling, then it is quite possible that the genre could slowly die out. Although admitting that the execution of what he tried to convey with his album had missed the mark, Nas’ warning about the potential death of hip–hop may be valid, just not the way he imagined.

Mark Edward Blankenship Jr. is a 3L at The University of Kentucky College of Law, where he currently serves as Operations Manager for Volume 107 of the Kentucky Law Journal. This past summer, her interned with the Arts & Business Council of Greater Nashville’s Volunteer Lawyers and Professionals for the Arts. Prior to attending law school, he graduated magna cum laude at Georgia Southern University with a B.A. in Music.

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