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> Ed's Bootlegs (inc. Supreme Court summons), not so legal after all?
OutToDry
post Jun 14 2010, 2:58 pm
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I've been searching for public notes on what may be happening in the courtroom, here's one of them. I suspect the selling of bootlegs on Ed's website are not legal as they appear.

http://www.courthousenews.com/2010/05/18/New_Complaints.htm

QUOTE
Rock and RollThree members of the band Live claim their former lead singer Edward Kowalczyk owes them $225,000 for music he sold on his Web site, in New York County Court.



This post has been edited by OutToDry: Jun 14 2010, 2:59 pm


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Sakhmet2
post Jun 15 2010, 6:59 am
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QUOTE(OutToDry @ Jun 15 2010, 4:02 am) *

I used that word in a context which describes a fraudulant act....so it's really semantics

Contract law *is* semantics.
And, strictly speaking, not all of what is alleged against Levin is fraudulent, which in the broadest sense of the term is false representation of material fact for advantage. Some of the stuff is fraudulent, of course, but most of it falls into the category of breach of trust since Levin and his company had been given power of attorney over the bank accounts and corporate entities of all four of the band. For all I know in NYS this may be a more serious (as well as a more accurate) charge.


QUOTE(Merica @ Jun 15 2010, 5:32 am) *

I'm not sure whether it's all quite as cut and dry as the document states.

It never is. Reading a few contested divorce cases is enough to convince anyone that people in a relationship are not always in the same relationship - or on the same planet.

QUOTE(Merica @ Jun 15 2010, 5:32 am) *

Like it really explicitly states how he demanded an ultimatum. Surely this COULD be something where they feel that's what he did, but maybe it was kind of given but in a much more round about way and he said he didn't want to have to do it and he meant that etc etc but it still seemed rotten and all that.

Did you ever see "Almost Famous"? There's that scene in the airplane where all the band members tell the lead guitarist that they hate him because (they feel) he's always holding it over their heads that he might leave, and that he "holds himself above" them. Classic man. Read about a lot of bands, and that's how it is. I'm not saying it's right, but it happens.

QUOTE(Wambangalang @ Jun 15 2010, 4:09 am) *

interesting. I still can't see how this guy could just blatantly deny his friends/business partners their due legal entitlements. Not to mention the '29 fiasco. How do you do that and then hang out and have a beer with your mates? But i remain an indifferent observer until all the facts come to light.

I agree. There are plenty of puzzling things about these claims. Not least of which is the continued existence of the band after agreeing to the contract.

QUOTE(thefunkyredcaboose @ Jun 15 2010, 7:47 am) *

I am interested to hear the other side of the story, but I can predict that it will be a whole lot of legal jargon and twisted music business logic.
I'm sure it will satisfy some and make the rest of us want to throw up.

Which will be different from this how?
These are allegations, not proven fact yet.


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Posts in this topic
OutToDry   Ed's Bootlegs (inc. Supreme Court summons)   Jun 14 2010, 2:58 pm
Nobody Knows   You can sue someone for just about anything in the...   Jun 14 2010, 3:25 pm
Badman   Wow... this is about to be ugly :wow:   Jun 14 2010, 3:46 pm
jclive   Wow... this is about to be ugly :wow: I'm ...   Jun 14 2010, 4:23 pm
OutToDry   I am looking for this on the NYS Court system webs...   Jun 14 2010, 3:47 pm
Rupe   I am looking for this on the NYS Court system web...   Jun 14 2010, 5:02 pm
SJN1279   I guess they want to put up more billboards? 225...   Jun 14 2010, 5:06 pm
Rupe   I guess they want to put up more billboards? 22...   Jun 14 2010, 5:10 pm
thefunkyredcaboose   I guess they want to put up more billboards? 22...   Jun 14 2010, 5:15 pm
livefan86   I guess it is too much for you to actually find a...   Jun 14 2010, 5:22 pm
SJN1279   From reading the complaint it seems to me that Ed...   Jun 14 2010, 6:21 pm
LivesMeltdown   Go to http://iapps.courts.state.ny.us/iscroll/ind...   Jun 14 2010, 5:07 pm
OutToDry   Very well, it should be left to the attorneys :n...   Jun 14 2010, 4:25 pm
LivesMeltdown   Unless I'm missing something, I have a hard ti...   Jun 14 2010, 4:38 pm
livefan86   Unless I'm missing something, I have a hard t...   Jun 14 2010, 4:59 pm
Sakhmet2   Unless I'm missing something, I have a hard t...   Jun 14 2010, 7:15 pm
thefunkyredcaboose   http://iapps.courts.state.ny.us/iscroll/SQ...No=60...   Jun 14 2010, 5:14 pm
LivesMeltdown   http://iapps.courts.state.ny.us/iscroll/SQ...No=6...   Jun 14 2010, 5:18 pm
OutToDry   Cats out of the bag now. I found this an hour ago...   Jun 14 2010, 5:22 pm
OutToDry   Yeah, they are suing for punitive damages and a fu...   Jun 14 2010, 5:29 pm
LivesMeltdown   $1 million? Doesn't sound like Mucho L...   Jun 14 2010, 5:33 pm
thefunkyredcaboose   If the allegations are even partly true (with cont...   Jun 14 2010, 5:54 pm
OutToDry   If the allegations are even partly true (with con...   Jun 14 2010, 6:10 pm
SJN1279   I've been searching for public notes on what ...   Jun 14 2010, 6:17 pm
VoodooLady   Yeah you just happened upon court documents. No ...   Jun 14 2010, 6:37 pm
OutToDry   Hey no one told me to other than me. I posted the...   Jun 14 2010, 6:19 pm
OutToDry   Is that all you can grasp at? typical nonchalonse...   Jun 14 2010, 6:26 pm
SJN1279   Is that all you can grasp at? typical nonchalons...   Jun 14 2010, 6:35 pm
VoodooLady   Complaint filed on May 17th and da EK has 30 days ...   Jun 14 2010, 6:44 pm
SJN1279   Complaint filed on May 17th and da EK has 30 days...   Jun 14 2010, 6:47 pm
VoodooLady   You are just going to get more lawyer bullshit fr...   Jun 14 2010, 6:55 pm
SJN1279   you sir, are a tool. and a seriously delusional o...   Jun 14 2010, 6:59 pm
VoodooLady   Exactly why am I mentally ill? Delusional diso...   Jun 14 2010, 7:17 pm
VoodooLady   Complaint filed on May 17th and da EK has 30 days ...   Jun 14 2010, 6:45 pm
OutToDry   I am positive Ed wouldn't want it at all costs...   Jun 14 2010, 6:48 pm
LivesMeltdown   http://images.icanhascheezburger.com/completestore...   Jun 14 2010, 6:59 pm
OutToDry   I bet that Ed will have to settle out of court of ...   Jun 14 2010, 7:02 pm
Heather   Wow that was an interesting read! :omg: I g...   Jun 14 2010, 7:03 pm
SJN1279   Wow that was an interesting read! :omg: I ...   Jun 14 2010, 7:04 pm
OutToDry   Either way, I think Ed's gonna lose regardless...   Jun 14 2010, 7:05 pm
SJN1279   Either way, I think Ed's gonna lose regardles...   Jun 14 2010, 7:10 pm
crazy1   I think so too! Yes...karma is a bitch! :...   Jun 14 2010, 7:08 pm
Merica   Very interesting read. I hope we get to read Ed...   Jun 14 2010, 7:11 pm
OutToDry   If he settles, he has to come up with a wad of cas...   Jun 14 2010, 7:12 pm
crazy1   A settlement would be an admission of guilt to me...   Jun 14 2010, 7:12 pm
Heather   A seetlement would be an admission of guilt to me...   Jun 14 2010, 7:16 pm
crazy1   Yeah it's a shame. I'd love to see Ed in ...   Jun 14 2010, 7:17 pm
LivesMeltdown   It's an admission of guilt to me! Too bad...   Jun 14 2010, 7:17 pm
SJN1279   Not necessarily. Sometimes there are settlements...   Jun 14 2010, 7:20 pm
SJN1279   A seetlement would be an admission of guilt to me...   Jun 14 2010, 7:18 pm
crazy1   A settlement is a way to avoid 5 years of court c...   Jun 14 2010, 7:21 pm
SJN1279   yeah..i suppose that is true I'm as popular...   Jun 14 2010, 7:24 pm
OutToDry   I'm as popular in jury rooms as I am on thi...   Jun 14 2010, 7:37 pm
TheBeacon   A settlement is a way to avoid 5 years of court c...   Jun 14 2010, 8:10 pm
crazy1   A settlement in my eyes is an admission of guilt ....   Jun 14 2010, 7:16 pm
Sakhmet2   "29. In 2005, Kowalczyk presented the Plaint...   Jun 14 2010, 7:24 pm
Existentialist   My crystal ball says it will be settled, too, beca...   Jun 14 2010, 7:32 pm
SJN1279   My crystal ball says it will be settled, too, bec...   Jun 14 2010, 7:35 pm
OutToDry   Hey, it's all here....I told you before..........   Jun 14 2010, 7:38 pm
Aitkens   Ed better hope his sales of coffee, pendants, and ...   Jun 14 2010, 7:41 pm
SJN1279   Ed better hope his sales of coffee, pendants, and...   Jun 14 2010, 7:43 pm
Aitkens   Ed's been actually working since the break-up...   Jun 14 2010, 7:45 pm
SJN1279   Now see, that's just not true. There you are...   Jun 14 2010, 7:47 pm
LivesMeltdown   What work have they been doing? Nothing band rel...   Jun 14 2010, 7:48 pm
Aitkens   What work have they been doing? Nothing band rel...   Jun 14 2010, 7:51 pm
SJN1279   Interviews, rehearsals, a few shows, promotion, f...   Jun 14 2010, 7:55 pm
Aitkens   Yes, but work with no new income for the past yea...   Jun 14 2010, 7:58 pm
VoodooLady   Ed's been actually working since the break-up...   Jun 14 2010, 7:51 pm
OutToDry   Nothing band related..........wow....another crack...   Jun 14 2010, 7:55 pm
OutToDry   Nick.....youre dumb.....they discovered it last Ju...   Jun 14 2010, 7:58 pm
SJN1279   Nick.....youre dumb.....they discovered it last J...   Jun 14 2010, 8:04 pm
Aitkens   It took them 4 years to discover that they were a...   Jun 14 2010, 8:07 pm
tiger   It took them 4 years to discover that they were a...   Jun 14 2010, 8:19 pm
OutToDry   How do you answer that Levin violated his fiduciar...   Jun 14 2010, 8:07 pm
thefunkyredcaboose   Can we make a rule that no one can post about this...   Jun 14 2010, 8:21 pm
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