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ivan@stellysee.de
From | Benjamin Lukoff <blukoff@alvord.com> |
Subject | Re: FW: Statement from Avril Lavigne's Manager In Regards Pending |
Date | Mon, 9 Jul 2007 12:39:41 -0700 (PDT) |
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It was a joke.
On Mon, 9 Jul 2007 zoogang@cox.net wrote:
> The Beach Boys and The Beatles ripped off the Rubinoos?! Wow! In related news, the Rolling Stones ripped off George Gershwin.
>
> Let the legal mudslinging begin.
>
> Alan
> http://www.buhdge.com
>
> Man, I love the Rubinoos as much as the next Auditeer, but that is just...
> ---- Ron Katcher <ronkatcher@hotmail.com> wrote:
> > Yes, Steve, I am a lawyer. When I re-read my post just now, I realized how
> > "lawyerly" it sounds. Sorry about that; it is an occupational hazard. My
> > wife is an attorney as well, and you should see how quickly our
> > disagreements turn into cross-examinations!
> >
> >
> > ----- Original Message -----
> > From: "Steve Alter" <shteevea@yahoo.com>
> > To: <audities@smoe.org>
> > Sent: Monday, July 09, 2007 1:35 PM
> > Subject: Re: FW: Statement from Avril Lavigne's Manager In Regards Pending
> > Lawsuit
> >
> >
> > > Are you a lawyer, or did you sleep in a Holiday Inn Express last night?
> > > ;-)
> > >
> > > Ron Katcher <ronkatcher@hotmail.com> wrote: Histrionics aside, I think
> > > the only statements from an artist in a copyright
> > > infringement case that would be relevant would be those that have some
> > > bearing on how the alleged infringer might have had access to the
> > > underlying
> > > material and whether the subject use/copying was or was not authorized by
> > > the rights holder. Whether the Rubinoos THINK Avril (or for that matter,
> > > the
> > > Raspberries, the Beatles or anybody else) ripped them off is really beside
> > > the point.
> > >
> > > In the end, settlement is (or at least should be) a reasoned business
> > > decision insomuch as the settlement value should make sense when weighed
> > > against the cost of defending the claim and the risk of a larger award.
> > > Avril and/or her management may be pissed off now, but in the end, cooler
> > > minds will prevail. If it made sense to pay $X to settle the case on July
> > > 3, it will likely still make sense to pay $X on July 9-- barring some
> > > significant development.
> > >
> > > To my ear, I do not think the songs are similar enough to warrant a
> > > verdict
> > > in favor of the Rubinoos. The chorus is clearly derivative of other works
> > > and I think a song can pay "tribute" to another work without infringing
> > > upon
> > > it. The fact that one refers to "boyfriend" and the other refers to
> > > "girlfriend" is not, in my mind, determinative and for me at least, begs
> > > the
> > > question of whether this claim would even have been filed (or if the
> > > Rubinoos would have much cared) if the chorus were, say, "Hey, hey, you,
> > > you, I'm a mechanic."
> > >
> > > Ron K.
> > >
> > > ----- Original Message -----
> > > From: "Steve Alter"
> > > To:
> > > Sent: Monday, July 09, 2007 12:09 PM
> > > Subject: Re: FW: Statement from Avril Lavigne's Manager In Regards Pending
> > > Lawsuit
> > >
> > >
> > >> Well, judges don't tend to have great senses of humor, either; that post
> > >> may bite them in the ass when they have a musicologist comb through the
> > >> Rubinoos catalog, which is full of references -- some intentional, some
> > >> less so -- to many other songs and artists.
> > >>
> > >> I'd say an out-of-court settlement just walked away, and Nettwerk's gonna
> > >> play smash mouth ball here.
> > >>
> > >> Will Harris wrote:
> > >> Clearly, Terry McBride has no sense of humor, based on his below comment
> > >> about the "issue" he thinks the Rubinoos have with the Beatles.
> > >>
> > >>
> > >>
> > >> _____
> > >>
> > >> From: Sheri.Ladner@sonybmg.com [mailto:Sheri.Ladner@sonybmg.com]
> > >> Sent: Monday, July 09, 2007 11:44 AM
> > >> To: NonStopPop@cox.net
> > >> Subject: Statement from Avril Lavigne's Manager In Regards Pending
> > >> Lawsuit
> > >>
> > >>
> > >>
> > >> IMMEDIATE RELEASE
> > >>
> > >> July 9, 2007
> > >>
> > >> Below is a statement from Avril Lavigne's manager, Terry McBride in
> > >> regards
> > >> to the pending lawsuit against her. Avril's response can be found at
> > >> www.avrillavigne.com
> > >>
> > >>
> > >> Dear Media
> > >>
> > >> I have read the following quote from Tommy Dunbar of the Rubinoos.
> > >>
> > >> "While it's true that we filed suit some time ago, we hesitated to go
> > >> public
> > >> to save Avril and her handlers any embarrassment," Tommy Dunbar said. "We
> > >> learned over the July 4th holiday that her management and spin doctors
> > >> have
> > >> apparently decided to preempt things with their revelation of the
> > >> lawsuit."
> > >>
> > >> This is simply a lie. I challenge them to provide one iota of proof to
> > >> back
> > >> up this claim. We did not say a word about the suit out of respect for
> > >> the
> > >> dialog that was ongoing. The numerous phone calls from the media seeking
> > >> comment on the suit started on July 4th. We were blind sided and simply
> > >> responded.
> > >>
> > >> We also find it ironic that in the Suit they named Apple as a defendant,
> > >> what a great way of getting it out there to the media.
> > >>
> > >> On the topic of Apple, it seems like the Rubinoos have an issue with the
> > >> Beatles among other great bands. This quote is directly from the Rubinoos
> > >> Myspace page "Bands that have ripped us blind: the Rasberries, The Beach
> > >> Boys, The Beatles"
> > >>
> > >> As we have clearly stated, upon the expert opinion of one of the
> > >> country's
> > >> foremost musicologists, there is no basis for this claim
> > >>
> > >>
> > >> Best Regards,
> > >>
> > >> Terry McBride
> > >>
> > >> C.E.O. Nettwerk Music Group
> > >>
> > >>
> > >> Contact information:
> > >> Mika El-Baz
> > >> Sr. VP of Publicity, RCA Music Group
> > >> Ph: 646.840.5670
> > >> mika.el-baz@sonybmg.com
> > >>
> > >>
> > >>
> > >>
> > >> ---------------------------------
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> > >
> > >
> > >
> > > ---------------------------------
> > > We won't tell. Get more on shows you hate to love
> > > (and love to hate): Yahoo! TV's Guilty Pleasures list.
> > >
> >
>
>
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