The actual complaint of Don and Glenn v. Shelley
http://www.scribd.com/doc/248821912/...-copyright-pdf
ETA: Thank you to one Mr. Jaffe for the tweet.
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The actual complaint of Don and Glenn v. Shelley
http://www.scribd.com/doc/248821912/...-copyright-pdf
ETA: Thank you to one Mr. Jaffe for the tweet.
Thanks!
So, Shelley has an actual registered business, Shelley Archives, Inc., built entirely around bootlegs. He's not giving away too many tickets for free, methinks.
As for the confusion about seizure: Items 33 and 34 (pg 7), echoed in 44 and 45 (pg 9), are not limited to the Eagles explicitly in the text, so I can see how that could be interpreted as Henley and Frey seeking seizure of the entire archive and bringing a full stop to Shelley's dealings with bootlegs. However, I believe there is a contextual implication that they are only concerned with materials copyrighted to them because that is the way it is framed in the concluding "Prayer for Relief". It only asks for Shelley to be stopped from "further infringing Henley's and Frey's rights in and to the Copyrighted Works" (pg 9) and "a seizure order directed to all infringing articles and bootlegged copies of the Unauthorized Eagles Film and Copyrighted Works in Shelley's possession" (pg 10).
I find it worth noting that they have not specified an amount. If one does the math of $150,000 per song per bootleg, plus the Eagles' attorney fees and other costs... that is millions of dollars, and that's before we even get to damages. Shelley would be bankrupted, completely ruined.
I think they hope to scare him into settling. It will be interesting to see how this plays out.
Obviously, at the outset, they just wanted him to stop and fork over all his bootlegs of their stuff. I have to wonder why he refused. The suit names three dates where they requested him to stop. Perhaps he's making so much money off them he thought he could get away with it? Maybe he does have a few friends in the music business and thought they could protect him or talk Glenn and Don out of this? It just doesn't make any sense to me that he refused. Now, of course, just to prove a point, Glenn and Don aren't likely to give in at the first settlement amount offered. Except for lawyers' fees, they probably don't want the money, just a high profile example made of the guy.
I thought the same as you, Soda, that I didn't see where they were asking for all of his bootlegs. I wonder how they'll know if they got it all? Even now, the man's probably busy making copies and stashing them places where he hopes no one will know about them.
Thanks for the link. Apart from the Eagles content it was interesting to see the terminology. "Prayer for relief"?
I read it as they were only asking to receive material that infringe their copyright. As laid out, it seems straightforward and I can't imagine what kind of defence could be offered.
If Shelley has no money, it doesn't matter how much the Eagles think they're entitled to, they wont get it.Quote:
Originally Posted by sodascouts
Are they going to pay for a case that'll cost them a mint and win them nothing?
If he's broke, What has Shelley got to lose?
What would he gain by settling out of court?
Once in court he can just tell the judge that he'll desist from showing his archive publicly in future.
I can't see a judge thinking the Eagles case is serious enough for somebody's life to be "completely ruined." They're only bootlegs.
I don't want to regarded as a supporter of the law breaker but he's definitely the little guy here, no matter how darkly he's painted.
Here's another article on this same dude. Eagles are suing him!
What else is new? :shock:
http://classicrock.teamrock.com/news...oncert-footage
I absolutely believe our guys would take a loss to prove a point. I have yet to read that this guy has no money. He's made a real business of this, so he probably has money, since his costs are low and his 'assets' are ones he didn't pay for. Also, being a little guy doesn't mean you should be able to get away with stuff. Little guys answer to the same rules as everyone else. In my opinion, it's the opposite. He thinks he's so big and such an 'insider' that he's untouchable. Lastly, my personal opinion is that if it goes that far, a judge will very definitely take this seriously. I hope so, anyway, because people do not have a right to take things that belong to others. It's that simple.Quote:
Originally Posted by Funk 50
The Eagles are the perfect entity to pursue artists' rights, simply because of the fact they DO have the resources and are willing to expend them, and they don't give a hoot what people think of them or what hits their reputation may take in the media. I hope that in the future, they are recognized by others in their industry for what they're doing.
Now, here's hoping that Don and Glenn don't agree to settle this case - they should force a judge to make a ruling on the merits 1) so we can hear all of the details and the judge's reasoning and 2) to add to whatever body of case law exists regarding stealing others' life work.
Joe and Timothy are at the Knicks game, I guess Joe posted it on Facebook. The tweets that I've read said that 'Assistant Knicks GM' Glenn wasn't sighted.
http://i1200.photobucket.com/albums/...ps47fe773f.jpg
:partytime::partytime:Ummm the guys are in NYC. I know Joe is doing 2 shows here, but I wonder what Timothy is up to? LOL I'm not busy tomorrow night!