Topic: New Metallica Lawsuit (Read 6043 times)

Doof · « **on:** July 16, 2003, 12:51:55 pm »

MONTREAL Metallica are taking legal action against independant Canadian rock band Unfaith over what they feel is unsanctioned usage of two chords the band has been using since 1982 : E and F.

"People are going to get on our case again for this, but try to see it from our point of view just once," stated Metallica's Lars Ulrich. "We're not saying we own those two chords, individually - that would be ridiculous. We're just saying that in that specific order, people have grown to associate E, F with our music."

Metallica filed a trademark infringement suit against the indie group at the US district court for central California on Monday. According to the drummer, the continued use of the two chords causes "confusion, deception and mistake in the minds of the public".

Metallica's lawyer, Jill Pietrini, told us that the band decided to take legal action only after first sending a letter of complaint to the Canadian band's singer/songwriter, Erik Ashley.

"We sent a demand letter and haven't reached a resolution, so we had to sue," she said. "They continue to shamelessly feature the two chords on their website song samples and we just can't have that."

Ashley, in the meantime, is still shocked by the entire story, and hasn't yet decided how the band will respond.

"I thought it was a prank at first," he told us. "Now I'm not sure what to think."

Ulrich states that he's not trying to prevent Unfaith from using the two chords, only that he feels Metallica should be credited for them whenever used, and is calling for 50% of all revenue generated from any song using them.

"It's nothing personal against them," he added. "We intend to enforce our rights with any band intending to use Metallica-branded chords in the future."

This marks the first time anything of this kind has ever been tried in court, and it will be interesting to see how things develop.

Metallica's website has issued an official statement on the suit here.

Unfaith's official website hasn't officially responded at print time.

http://www.411mania.com/music/news/article.php?news_id=3586

Matt · « **Reply #1 on:** July 16, 2003, 01:37:59 pm »

JRiver owns the rights to the 'E' and 'F' keys on your keyboard. Watch out.

Ingo · « **Reply #2 on:** July 16, 2003, 01:44:02 pm »

don't lough too much. German Telekom (ex-monopolist) is suing a company for using 'T' in their logo.
they say 'T' is connected to their brands... T-com, T-online, T-mobile, T-systems, ....

so (t)ake care when you s(t)ar(t) a business in Germany....

Ingo (fortunately without any dangerous letter in my name ;-) )

drosoph · « **Reply #3 on:** July 16, 2003, 01:56:22 pm »

Personally Im TIRED of all these "Brand Dillution" lawsuits ... I think if AeroMart and ArrowMart want to start businesses selling the same goods, then SO BE IT !!!

AS for Metallica ... oh come, on .. this is a no brainer ... I mean it, literally

nameless · « **Reply #4 on:** July 16, 2003, 02:01:08 pm »

I hear that Metallica also has trademarks on awful lyricism, terrible singing, and totally-absent musical talent.

Wobbley · « **Reply #5 on:** July 16, 2003, 02:26:37 pm »

nameless, no one could have expressed my sentiments any better.

So, under Metallica's premises, if I wear a black shirt and blue jeans together, that means that the person who first did that (albeit they're probably dead now) can sue me?

Think of the far reaching implications of such a lawsuit, even if nothing comes of it...

Wobbley

nameless · « **Reply #6 on:** July 16, 2003, 02:47:58 pm »

WAIT A MINUTE--OH MY GOD--THIS IS SERIOUS?

I thought this was just a joke! You have GOT to be kidding me!

I don't see any mention of this on Metallica.com, although my high browser security settings prevent me from navigating that horrible, irritating site (why should the web site be any more bearable than the music, right?).

I think it's a joke. I hope it's a joke. Please, someone confirm that this is a joke.

But if not... Why, why, WHY Randy Rhoads and Stevie Ray Vaughan, and not Metallica?

Omni · « **Reply #7 on:** July 16, 2003, 03:16:21 pm »

Quote

I hear that Metallica also has trademarks on awful lyricism, terrible singing, and totally-absent musical talent.

Hey! I like their music.

Yeah, surely this lawsuit is a joke, but who knows. If it's not, then may Heaven help us.

Listening To: "For Whom the Bell Tolls" , Metallica, (c) 1984

nameless · « **Reply #8 on:** July 16, 2003, 03:30:34 pm »

I used to like them, too, back in 1984 when the album you were listening to came out.

Then I turned 15.

No offense intended; I generally try to tread carefully when it comes to slamming the musical preferences of other people. I don't blame you for liking them, and no doubt some of the stuff I like would be torture for you to listen to.

LisaRCT · « **Reply #9 on:** July 16, 2003, 03:41:48 pm »

There is more than enough good music to listen to that even IF Metallica had any, I wouldn't listen to it just on General Principal.

Meanwhile, check out:
Internet Archive Live Music Archive

at: http://www.archive.org/audio/etree.php?PHPSESSID=9c2c85b57bdc5512f2d1c6c7a34567eb

for Good music FREE . . . which leads to these bands selling seats and CD's.

Omni · « **Reply #10 on:** July 16, 2003, 04:04:31 pm »

Quote

There is more than enough good music to listen to that even IF Metallica had any, I wouldn't listen to it just on General Principal.

I understand what you are saying, and on an intellectual level, I truly and sincerely agree with you.

Unfortunately, I tend to disassociate my taste in music with their origins. For instance, I'm a big fan of Rob Zombie, a self-professed devil worshipper, yet I'm a very spiritual person who detests everything he stands for. Okay, I'm weird. I admit it.

(would be) Listening to: "Dragula", Rob Zombie, (c) 1998 (but I can't find the CD... my guardian angel must have hidden it)

Omni · « **Reply #11 on:** July 16, 2003, 04:18:19 pm »

Quote

Then I turned 15.

Yeah, well, so did I. What does that have to do with anything?

nameless · « **Reply #12 on:** July 16, 2003, 04:27:30 pm »

Quote

Yeah, well, so did I. What does that have to do with anything?

Nothing! I'm just goofing! Peace, love, and happiness! Pet a kitten!

knickelfarz · « **Reply #13 on:** July 16, 2003, 04:41:53 pm »

If you have installed Flash, you may take a look at this:
See Lars Ulrich in action

Doof · « **Reply #14 on:** July 16, 2003, 04:44:32 pm »

Ok calm yourselves... this news story isn't for real. It's just a joke. I was just wondering what the reactions would be.

nameless · « **Reply #15 on:** July 16, 2003, 04:56:23 pm »

Quote

Ok calm yourselves... this news story isn't for real. It's just a joke. I was just wondering what the reactions would be.

OK, good, that's what I thought, but then for some reason, I began wondering if it was for real. I mean, this is America (read: Metallica is based in America), where people sue for having spilled hot coffee on themselves, or for having gotten fat from eating too many Big Macs.

Omni · « **Reply #16 on:** July 16, 2003, 05:31:06 pm »

Quote

I mean, this is America (read: Metallica is based in America), where people sue for having spilled hot coffee on themselves, or for having gotten fat from eating too many Big Macs.

Don't forget about the cases where the criminals sue the victim and win. Absolutely ridiculous.

daven · « **Reply #17 on:** July 16, 2003, 07:50:47 pm »

Quote

Meanwhile, check out:
Internet Archive Live Music Archive

at: http://www.archive.org/audio/etree.php?PHPSESSID=9c2c85b57bdc5512f2d1c6c7a34567eb

for Good music FREE . . . which leads to these bands selling seats and CD's.

great stuff there. too bad media center cannot play any of it...

zevele10 · « **Reply #18 on:** July 16, 2003, 10:46:58 pm »

LisaRCT

Every thing working ok lately?
I cannot stay connected more than few minutes since few weeks using SmartFTP.

Any tip or help from you VERY welcome.

Concerning Metallica

I bought they last cd ...WAIT A MINUTE.
From a russian site in Lame for $1,05 the full album

Since i did around 20 or 25 cds to people around me.
Mp3 cds ,but with only the last metallica on it ,with cd look alike sleeve.

I did also some redbook cds from the mp3.
And you know what ? Look like they have some inspiration at this time...i was not able to use 650MB/74 minutes cds.

I bought they cd on mp3 knowing that many people around me would like to have it.

Nothing to say against the music up to the black album.

But ,i just HATE the band behaviour since Napster time.

If they want to take legal action against me ,PLEASE ...

But for this kind of stuff ,i am registered in Gazza srtip...good luck to them..

PS; I'am really not sure if it is true ,but i heard on a canadian french speaking chanel that James Hetfield tends to take to court any drunk person he meets...for plagiarism [ ? this is the english word ?]

lOth · « **Reply #19 on:** July 16, 2003, 11:18:23 pm »

Hey, I hope they'll win the lawsuit and create a precedent. Just think about it: they would be the only ones allowed to play 'Metallica style' music and they'll have to stop playing sometime soon, one way or another. Sounds like a better musical world in the long run. So let's have this vision thing: go, support their lawsuit, everybody. In the end, it might mean the extinction of the dinosaur and its modern clones...

Listening to: 'Novembre Toute L'année' from 'Rose Kennedy' by 'Benjamin Biolay' on Media Center 9.1

lOth · « **Reply #20 on:** July 16, 2003, 11:23:02 pm »

Quote

But for this kind of stuff ,i am registered in Gazza srtip...good luck to them..

Well that might be another way of going about it. Zevele, keep playing the decoy.

nila · « **Reply #21 on:** July 16, 2003, 11:56:58 pm »

At first I used to just like it because it was a laugh to hear how absolutely stupid and retarded people could be and how even more stupid the law could be in actually letting these morons win the case legally (criminals sueing when they hurt themselves breaking into a house and winning). Now though it's starting to piss me off BIG time because all these incredibly HUGE morons who take no responsibility for their lives are starting to effect mine.

The size of things like Cream cheese in england is meant to be getting reduced in the very near future because some people are sueing because they get too fat from eating it.
Someone explain to me how these moronic (*&£$%£"$^ can actually even be listened to?

If they're getting too fat then they need to go on a diet or stop eating it, not sue the company for giving too much.

Someone needs to counter sue these freaks with the lawsuit being titled: 'Sueing u for making me get too skinny due to not being able to get all the fat in the large cream cheese packs'.

Why is the law so messed up???

zevele10 · « **Reply #22 on:** July 17, 2003, 02:26:49 am »

Zevele, keep playing the decoy

-=-=-=-
Well .not really a decoy.

Of cause ,right now ,on this post ,yes it is.

But ,as i said many times ,if having problems with one of this mor--- ,or if having money to spend on a p2p software , i need only few hours to have Zevele .inc or Zevele & Co registered in the Gaza stip or Ramallah.

In this case you state that any legal action is bound by the rules of the Palestinian Autority , can be done ONLY in the tribunal of Gaza or Ramallah by PHYSICAL persons.

When you know the physical persons are coming ,just let know to everyone [== Hamas and others ] that representatives of people proning free sex ,alcool , drugs ,satanisme through violent and decadente music are coming ..
No need to wonder about the end of the storie.....

And ,yes ,it is a very twisted and unfair way to act.
But ,i do feel that you are not bound to moral rules concerning some people.

The "sue everybody" culture is one of the monster the not allways democratic USA gave to the word.

But do a State where corporates are writting the rules of the game still a State ?
Not sure , What was a State tends to be a super market.

Money and no soul makes any kind of empire fall one day or another.

Alone or because generating actions against him..as you saw...

Swordsman · « **Reply #23 on:** July 17, 2003, 06:01:23 am »

Okay, I laughed like everyone else about the woman suing McDonalds for the hot coffee spill...until I learned what really happened.

That McDonalds had a coffee maker with a broken temperature gauge. It was making the coffee too hot - there were dozens of complaints. The management did not want to replace the coffee maker, as it would have cut into their profits and bonuses. They let it continue and kept ignoring the complaints. Finally, this woman gets a REALLY hot cup, spills it on herself, and received burns requiring medical attention. This was way beyond the normal level of hot coffee people normally find uncomfortably hot. That is why they were sued, that is why she sued for so much (flagrant disregard for customer safety), and in the end she probably got less than $50,000 after lawyer fees and taxes and such.

I'm not saying there aren't stupid lawsuits out there - but just be warned that not all of them seem as dumb as the media makes them out to be....

Doof · « **Reply #24 on:** July 17, 2003, 07:02:45 am »

Plus they flatly refused to offer her any help at all when it happened.

LisaRCT · « **Reply #25 on:** July 17, 2003, 08:42:26 am »

Quote

LisaRCT

Every thing working ok lately?
I cannot stay connected more than few minutes since few weeks using SmartFTP.

Any tip or help from you VERY welcome.

Hi Zevele,
I have been having problems using download or ftp programs there, but have been having sucess with their IAFM (Internet Archive File Management).
I am not happy with it as it's JAVA engine seems to impact PC performance more than other downloading tools, but it works.

BTW, regarding the comment that MC does not play any of the formats on the Internet Music Archive site,
MC9 does play SHN files, or they can be converted back to Wav as they are lossless, FLAC too although it cannot as yet be played on 'The one that plays it all'

zevele10 · « **Reply #26 on:** July 17, 2003, 10:23:23 am »

Will try they IAFM.

I understood it was more for people not knowing about FTP

Thank you

Listening to: 'Dreams' from 'University of Missouri-February 28, 1971' by 'Allman Brothers Band' on Media Center 9.0

Poor quality tape ,poor encoding [ mp3 128kps ], but if you do not have it ,here a link to get it free.

http://catalog.[web site removed].com/mcatalog.shtml?group=1935

If you download it ,let me know ,i will send you the tags.

dmbfan36 · « **Reply #27 on:** July 17, 2003, 07:32:21 pm »

THIS IS FAKE... the person just ripped the look and feel of MTV.com and Metallica.com...

Doof · « **Reply #28 on:** July 17, 2003, 08:04:03 pm »

Um... I said that like 2 days ago.

Omni · « **Reply #29 on:** July 17, 2003, 11:15:02 pm »

Well, at least he's honest in the handle he chose for himself.

Oops... did I say that out loud? Sorry.

INTERACT FORUM

Author Topic: New Metallica Lawsuit (Read 6043 times)

nameless

nameless

nameless

LisaRCT

nameless

nameless

daven

zevele10

nila

zevele10

LisaRCT

zevele10