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" To: 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 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 >> >> >> >> >> --------------------------------- >> No need to miss a message. Get email on-the-go >> with Yahoo! Mail for Mobile. 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