Ed's Bootlegs (inc. Supreme Court summons), not so legal after all? Options

[livefan86]

I guess it is too much for you to actually find and read the court document?

From reading the complaint it seems to me that Ed could end up paying a good amount of money the other guys. If all of it is in fact true, it shows that Ed is a snake and a scum bag to treat his "friends" like that.

This point in the complaint got to me the most:

"29. In 2005, Kowalczyk presented the Plaintiffs with an ultimatum: Kowalczyk would quit the group LIVE unless Plaintiffs agreed to give Kowalczyk (or Kowalczyk’s designee) sole writing credit for all songs embodied on hture LIVE albums. Although the Plaintiffs were shocked by this ultimatum, they acquiesced to Kowalczyk’s demand, both out of respect for their decades-long friendship with Kowalczyk, and because the Plaintiffs placed a high value on keeping the classic lineup of LIVE together, after the many years of hard work they had put into building up the band’s following and reputation."

Just what a fucking scum bag.

[OutToDry]

Cats out of the bag now. I found this an hour ago and have been reading it.....It's way worse than we thought

[OutToDry]

Yeah, they are suing for punitive damages and a full accounting of 20 years from their accountant and want to recoup all fringes. There are 5 counts of fraud.

a) Breach of Fiduciary Duty (Levin & DLBM)
b) Aiding and Abetting Breach of Fiduciary Duty (Ed & FVI)
c) Breach of Contract (Ed)
d) Tortious Interference with Contract (Levin, DLBM & FVI)
e) Equitable Accounting (Levin & DLBM)

and they want a jury trial

OUCH!!!!

It appears for the 5 counts (total of 3.6mil plus punitive for the 5th count)

This post has been edited by OutToDry: Jun 14 2010, 5:33 pm

[LivesMeltdown]

Under the terms of the FVI Contract, inter alia, FVI assigned the
publishing rights in compositions that FVI owns and controls to Mucho Loco. Mucho Loco, in
turn, paid FVI the sum of $1 million dollars as a so-called publishing “advance” for the
compositions on the next LIVE album (hereafter, the “Million Dollar Advance”).

$1 million? Doesn't sound like Mucho Loco is the brightest company in the world.

[thefunkyredcaboose]

If the allegations are even partly true (with contracts and all documentation present) then I imagine this will settle out of court. I doubt Ed would risk a court trial given the family friendly image of his solo career. Someone who deals more in law may have a different opinion, but there's my uninformed one.

What is interesting is that the described 2005 incident of Ed threatening to leave isn't under the "complaint" section of the document. It makes perfect sense given all that transpired after too.

OTD, could you change the thread title to let people know the court document is in here?

[OutToDry]

If the allegations are even partly true (with contracts and all documentation present) then I imagine this will settle out of court. I doubt Ed would risk a court trial given the family friendly image of his solo career. Someone who deals more in law may have a different opinion, but there's my uninformed one.

What is interesting is that the described 2005 incident of Ed threatening to leave isn't under the "complaint" section of the document. It makes perfect sense given all that transpired after too.

OTD, could you change the thread title to let people know the court document is in here?

Dan will have to do it as we can only edit for 10 min after posting.

[SJN1279]

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

[color=red][/color]

Yeah you just happened upon court documents. No one from the band told you post that?

And whatever it is, will most likely settle out of court.

[OutToDry]

Hey no one told me to other than me. I posted the link regarding the bootlegs.......looks pretty bad Nick. We didn't know Levin broke his trust with the guys to side with Ed.

This post has been edited by OutToDry: Jun 14 2010, 6:20 pm

[SJN1279]

From reading the complaint it seems to me that Ed could end up paying a good amount of money the other guys. If all of it is in fact true, it shows that Ed is a snake and a scum bag to treat his "friends" like that.

This point in the complaint got to me the most:

"29. In 2005, Kowalczyk presented the Plaintiffs with an ultimatum: Kowalczyk would quit the group LIVE unless Plaintiffs agreed to give Kowalczyk (or Kowalczyk’s designee) sole writing credit for all songs embodied on hture LIVE albums. Although the Plaintiffs were shocked by this ultimatum, they acquiesced to Kowalczyk’s demand, both out of respect for their decades-long friendship with Kowalczyk, and because the Plaintiffs placed a high value on keeping the classic lineup of LIVE together, after the many years of hard work they had put into building up the band’s following and reputation."

Just what a fucking scum bag.

If that was true, why did Chad Taylor get credit for Purifier?

[OutToDry]

Is that all you can grasp at? typical nonchalonse from you.

[SJN1279]

Is that all you can grasp at? typical nonchalonse from you.

This will all be settled out of court. But if Ed wanted sole credit on all album after 2009, why did he relent on Purifier? Also, why did he put words to Believe?

[VoodooLady]

Yeah you just happened upon court documents. No one from the band told you post that?

seriously, you should consider switching from that douchebag brand of koolaid you've been drinking..

[VoodooLady]

Complaint filed on May 17th and da EK has 30 days to response or

"in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint"

the response should be in the court records.. so it appears that we will get to hear "Ed's side of the story"...

[VoodooLady]

Complaint filed on May 17th and da EK has 30 days to response or

"in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint"

the response should be in the court records.. so it appears that we will get to hear "Ed's side of the story"...

[SJN1279]

Complaint filed on May 17th and da EK has 30 days to response or

"in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint"

the response should be in the court records.. so it appears that we will get to hear "Ed's side of the story"...

You are just going to get more lawyer bullshit from both sides. I've served on 3 juries this past decade, all depends on the lawyers and jury selection. I would bet serious money this never reaches a jury.