[rumori] More responses...

The Evolution Control Committee (eccATpobox.com)
Mon, 31 Jan 2000 04:23:28 -0500

     Btw, in doing some web searching I found a good quote by Dan Rather

"Editing can alter the original meaning and context, and computers can
alter the image itself. The camera can also be manipulated. At the very
least, it must be turned in one direction -- only one direction at a time
... Who chooses what direction to point the camera, and why?"
                                 Dan Rather in a 7/8/98 speech

At 09:02 PM 1/24/00 -0500, nelson wrote:
>In a message dated 1/24/00 2:04:19 PM Canada Central Standard Time,
>eccATpobox.com writes:
>I know you've said you won't fight it, and were I in your position - I know I
>wouldn't have a clue what to do either, but consider one thing before
>abandoning your search for those who might be able to help. Steev told me
>once that what we're all waiting for is some kind of a legitimate legal
>precedent and this would seem to have a lot of potential.

     I might hope so, but it's tough to mount something unless everything
falls into place... the label (Eerie Materials) wanting to fight it too, a
legal budget, etc. And I'm sure CBS (and others) know that too. I think
that unless some sort of legal defense fund provides this, it's going to be
nearly impossible for anybody under the publicity level of, say, Tortoise
to actually go to court to defend themselves in this way.

>Just thought I'd put in my two cents. I imagine you've already given this a
>lot of thought. In addition to all this, I know you asked us not to forward
>that email to anyone, and I haven't, but I'm assuming you wouldn't mind us
>talking about this? I played the track in question on my internet show last
>night, but did not give any info about it. I wanted to make sure what your
>thoughts were before doing any talking.

     Of course you wrote this last week, and now the official deal is: By
all means, talk Talk and TALK about it! Feel free to deliver people to the
web page for the story and updates:


>From: illegal art <illegalartATdetritus.net>:
> > But perhaps the real tragedy here is beyond your mere allegations --
> >it is the fact that we literally will probably never see our day in court...
>i think i would have avoided this part. you should act as though you have
>all kinds of support. call their bluff. if they believe that either you
>have the resources to fight this or that you're going to fight this even if
>you don't really have the resources they might decide it's not worth their
>time and money. don't take their letter or their deadlines seriously.
>until they have an actual court order they're just trying to scare you.
>you don't even have to write them back!

     True enough. A lot of my considerations here are keeping Eerie
Materials in mind, because they wish to keep out of this, only because the
main guy is preparing to move out of the country and just can't get into
something like this. Unless I press the record again as an ECC release (and
Eerie is thus not involved) then I could push it, but doing something that
bold would probably make them launch the suit immediately, and of course, I
actually -don't- have kind IP lawyers lining up at my doorstep to represent
me pro bono. Bumma. But I have thought a lot about how to communicate with
them, and I don't feel too intimidated now that the initial shock has
passed and I've thought about it a bit. I don't feel that they're about to
launch a suit at any moment (I mean, CHRIST, it's a SEVEN INCH SINGLE for
god's sake) so -- off the record -- I do hope to goad them a bit more. And
if it draws some attention to their actions, to the issues of sampling and
parody or of violence in television news, then that's worth losing our song.

Illegal Arts:
>if a judge agrees that it does qualify as parody... then it would most
>likely be fair use. does that really establish anything new? the supreme
>court ruled years ago that parody is fair use. is it worth the pain of a
>court battle just to remind everyone? maybe... maybe not. no matter what
>legal precedents exist big corporations will still threaten with legal
>action if they think they can out muscle us.

      I agree. If there's any sort of uncertainty at all about the legality
of the song, the larger corporation is simply going to quash it through
threats of litigation, which the label/artist will likely not survive.

eccATpobox.com                                      The Evolution Control 
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