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ivan@stellysee.de
From | Marty Rudnick <mrudnick@marturo.com> |
Subject | Re: FW: Statement from Avril Lavigne's Manager In Regards Pending |
Date | Mon, 09 Jul 2007 15:04:47 -0700 |
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C'mon people, it is an obvious joke.
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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