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Apple, Wal-Mart, others slapped with lawsuit

updated 02:45 pm EDT, Fri September 21, 2007

Apple sued over punk songs

The former drummer of a 1980s punk band called The Ramones is suing Apple as well as Wal-Mart and other companies for copyright infringement because six songs he wrote were not authorized for distribution. Richard Reinhardt is naming the band's one-time guitarist, Johnny Ramone, Ramones Productions Inc, and the band's music publisher as defendants against unauthorized third parties. Those parties include Apple's iTunes Store, Wal-Mart.com's music download service, and RealNetwork's Real Store as well as Rhapsody services to use songs, according to Reuters. The plaintiff is seeking at least $900,000 in damages for profits the defendants made for using his songs in any manner, according ot the suit.

 
Previous Comments

Ramones = The g**!

09/21, 03:02pm reply

The Ramones sucked when they were around, and they suck now.

sixcolors

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Joined: Oct 2001

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talk to your label

09/21, 03:09pm reply

Go bug your label and stop harassing the retailers. Retailers/distributors have contracts with the labels providing the content. If you don't want it sold, then go talk to the people making the material available to be sold - your label. Duh.

mytdave

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Joined: Aug 2000

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Re: ramones

09/21, 03:11pm reply

sixcolors, nobody cares whether you like the Ramones or your homophobia. This is not the point of the article.

To stay on topic, isn't this the type of thing their record label should be on the hook for? It's not like Apple ripped a Ramones CD and put it on their store.

They should be suing their record label, not the retailer.

hayesk

Professional Poster

Joined: Sep 1999

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No, sixcolors

09/21, 03:12pm reply

I believe you are looking in a mirror.

The Ramones, if you ever had the opportunity to see them live, were a very very good band, with solid skills, interesting social commentary, and entertaining tunes.

Because you could not appreciate them, doesn't mean they sucked, and I doubt you have any idea about any of the member's sexuality.

I am confused as to where his royalty checks have been going if he is suing. I'm also curious as to what the band's contract with their label says about distribution and promotion, but I guess that's what the laywers will have to figure out..

If you ever tried to drum like that guy, for more than 5 minutes, your ams and legs would probably change zip codes on you. :P

Flying Meat

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Joined: Jan 2007

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hate to admit it

09/21, 03:20pm reply

don't want to be one of those people that always sides with Apple but I don't believe iTunes makes contracts directly with music artists but with their labels. At first glance this suit like so many looks unfound or at best mis-directed. Without the Ramones there would not have been a London punk music scene, where do you think Johnny Rotten got the idea?

kerryb

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Joined: Aug 2001

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good faith effort

09/21, 03:24pm reply

I realize you can sue anyone but if Apple made a good faith effort to obtain authorized licensed materials from the record label can they still be sued if they stop selling as soon as this matter is brought to their attention?

ttrostel

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Joined: Jul 2007

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go looking to cleavelands

09/21, 03:34pm reply

rock n roll museum too while your at it.

im sure the lyrics to some of your hit songs scribbled on binder paper are worth more than the 5 bucks you sold them for now.

Herod

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Joined: Jun 2007

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ignorance defence

09/21, 03:50pm reply

I don't think Apple's contract with the music labels could (or should) protect them from a lawsuit such as this, if in fact Reinhardt owns the copyright to the songs that are being sold.

It's the same as saying that if I bought a car from Johnny and that car happened to be stolen from you, that you couldn't sue me for the return of the car because I have a contract with Johnny which gives me rights to the car. That defense doesn't hold water in any form of contract law.

Now having said that, the Ramones were publishing records and other media when Reinhardt was their drummer. I really doubt that he owns the copyright to any of the songs he is referring to in his lawsuit - the label probably owns the copyright (which is usually the case when you sign with a record label - they buy your copyright either for royalties or for a flat fee, but this is a whole other discussion in itself)

SubPop

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Joined: Jan 2006

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give us some credit macnn

09/21, 04:19pm reply

"The former drummer of a 1980s punk band called The Ramones"

yes, I think all of us here know who The Ramones are...

climacs

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Joined: Sep 2001

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sixcolors = teh loser

09/21, 04:21pm reply

way to kick off the thread, sixcolors, by marking yourself as a complete and utter idiot.

I've never in my life heard anyone who knew anything whatsoever about rock music say The Ramones sucked. Combining that with a childish homophobic insult - nice one!

climacs

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