i'm not



no



I didn't think that.



Sure, it is entirely possible that they settled. Still, mediation often does not result in a settlement, which would have meant CCP would have to take matters to court to get a decision. Even if they had a winning claim, it can be a major financial and time investment just to collect damages, which may be not worth pursuing for CCP. There is also the chance that CCP's lawyers, after discovery and mediation, advised CCP that their case is not that strong for whatever reason. It's even possible that CCP wanted the suit to create attention about their feelings of Ed's betrayal, while also forcing Ed to communicate and appear in the same room with them, and the financial aspect was secondary.

Both Ed and CCP have acted on their lawyers advice, but someone's lawyers would not win. A lawyer's advice does not necessarily indicate a winning claim.

The case and contract are not clear like you suggest, we do not even have access to any of it. Without having access to the case, it's difficult to weigh in on legal merits.

I'm just saying that a settlement is not as likely as you make it out to be, and there is a fair chance the case could have gone either way. Also, you said the fact that CCP walked out indicated a greater likelihood of a settlement, but I do not see a reason to make that connection.

This post has been edited by Bremang: Jul 15 2013, 1:16 pm

Everything isn't clear, but the primary points about the rights to the songs/music is pretty clear contractual language.

CCP walking out indicates that Ed didn't offer up enough at mediation.

This put the ball in Ed's court. He could come back with a better offer or let it go to court.

The silence indicates a settlement because with brands there is usually an NDA with settlements.

Do I 100% know? No. One can use logic and common sense to err on the more probable outcome.

While you're right that one lawyer (or team) was going to lose, I doubt that CCP's lawyer(s) would have suggested making the case if they didn't have a fair chance of winning, that combined with reading the contract verbiage on the claim, pointed to them having the higher odds of winning. For them to file the case, go to mediation, walk out of mediation, then to drop the case without settlement from Ed is strange to dubious.

It was in everyone's best interest to settle this up and put it in the past. Ed would have been stupid to not just give them what they were owed per the clear contract. For all we know that was all it may have taken to drop it.

We don't even have the contracts available. Whatever language you are referring to is unknown.



Ed didn't necessarily have to offer anything if he's standing by his Answer which denies any liability. Like a settlement, it's just as feasible that no resolution was reached from the mediation.



Both sides have been quiet about the details for the past three years despite any final conclusion or settlement. The band's silence at this point does not indicate much to me. On the other hand, I've never heard of a settlement that says that you cannot even mention that the dispute was settled. If it was settled, it means that Ed was forced to give something to CCP. Do you think someone would have at least mentioned that CCP won their moral victory in mediation, especially the WD members?



I respectfully disagree sir.



This is the third time you're mentioning the concept that a lawyer's advice must indicate a likelihood of merits. Everytime you mention it, you refuse to see that from Ed's camp as well. Why would Ed's lawyers have him pursue mediation, or presumably advise Ed to sign a million dollar bonus in the first place, if Ed didn't have the legal authority? That's what a lawsuit is often about; a highly nuanced issue, for which the rules are often very ambiguous, where both parties can make an excellent argument and have enough merit to their case to pursue it.

At the time that CCP made the claim, we don't even know if they were privy to the contracts that Ed had made on the side. The docket indicates that there was discovery of certain things after the complaint was filed. CCP's lawyers may not have even had all the information available before the suit, and may have basically made CCP pay to see it. In terms of reasons for CCP to have pursued their claims in mediation, there are other things to consider aside from acquiring damages that CCP may have found desirable, win or lose.



Again, that's entirely speculative. We don't know the contract. We don't know what's in Ed's best interest. We don't know the outcome.


Maybe someone who knows would be willing to shed light on the situation?