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  #161  
Old 04-10-2009, 12:51 PM
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Originally Posted by JimmyM View Post
That's the stupidest thing I ever heard. By that definition, a person can say "my stuff's on iTunes," and constitute distribution over a large geographical area.
...and if a judge or jury agrees that being on iTunes counts as "distribution over a large geographical area", then that would be sufficient.

Remember - civil case, not criminal.

That means "a preponderance of evidence" not "beyond a reasonable doubt".

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Originally Posted by JimmyM View Post
And what about sales figures? Wouldn't it count for something to find out that the song in question sold such a small amount and was never played on the radio?
Those are all things a judge/jury MIGHT take into consideration when determining "distribution over a large geographical area".

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The law has made big dumb mistakes in the past, and this is no exception if it's interpreted as you say.
IP Law is rife with strangeness.
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  #162  
Old 04-10-2009, 01:00 PM
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Originally Posted by aborgman View Post
...and if a judge or jury agrees that being on iTunes counts as "distribution over a large geographical area", then that would be sufficient.

Remember - civil case, not criminal.

That means "a preponderance of evidence" not "beyond a reasonable doubt".
Yes, I'm familiar with 1st term legal concepts

Anyway, it could go either way, but I'm on Coldplay's side, despite the fact that I hate Coldplay and my former teacher used to play in Satch's band.
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  #163  
Old 04-10-2009, 01:10 PM
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Yes, I'm familiar with 1st term legal concepts

Anyway, it could go either way, but I'm on Coldplay's side, despite the fact that I hate Coldplay and my former teacher used to play in Satch's band.
I'm not on either side - I just see this as a case that could very easily go either way, should it ever actually get to court. It certainly isn't a slam dunk for either side.

IMO - It's really going to come down to a determination of whether the Satriani piece is original enough to be protected.

I think the access question certainly will go in Satriani's favor, and I think it's a high likelihood (especially if it's a jury case) that the works are similar enough... then it will come down to whether the Satriani piece is "original" enough to be protected.

Of course, I think Coldplay (or their record company) will end this thing before it ever goes in front of a court.
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  #164  
Old 04-10-2009, 01:53 PM
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Originally Posted by JimmyM View Post
I should have known you were a big Satch fan. Only a big fan of his would think his music is all over the place. You're off the case, too.
Ahh more assumtions. I am not a big Satch fan. I do have a few of his tunes in my Ipod (the live stuff with Stu Hamm of who I am a fan). I also have a couple ColdPlay things in my Ipod. I too was not conciously aware of this song until this controversy. But I am not ignorant enough to believe I have never heard it somewhere at some point. There is just too much music playing everywhere all the time.
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  #165  
Old 04-10-2009, 01:59 PM
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I must have burgers for ears but, the songs are VERY different and as much as i consider Coldplay elevator music, i prefer to hear Chris Martin´s wailing than Satriani´s endless noodling over three chords, for me (IMHO x 1.000) "Satch" is looking for some cash (shame on him), i mean...if a singer/songwriter were fighting Coldplay for the song i would understand it, that shredfest is nothing like Coldplay´s song.
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  #166  
Old 04-10-2009, 02:00 PM
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Originally Posted by D Rokk View Post
and you're grasping at straws to hold up ur end of the argument.. what you need to remember is that what should be remembered is that an implied "in my opinion" goes with every post made on this forum..
Wow. Thanks for adding absolutely nothing to this. Come back in about 20 years when you've done a few real gigs, made your living in this biz, oh, and learned some grammar. Then your opinion might be educated enough to mean something in this arena.
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Last edited by PhatBasstard : 04-10-2009 at 02:02 PM.
  #167  
Old 04-10-2009, 02:03 PM
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I'm struck wondering why anyone would care... By nature, if you're playing and roll, you are "ripping off"...

Chuck Berry
Elvis
Howlin' Wolf
Buddy Holly
etc.
etc.
etc.
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  #168  
Old 04-10-2009, 02:26 PM
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yeah i am not a fan of satch really, but i to appreciate his technical ability which is not limited to speed...( i could go into detail of blaming his equipment for the most part, but I don't want to offend anyone for that sake), i also am not a fan of coldplay as i think i have consistently heard cover bands cover their songs better than them or put "more original spins" on them, but they are doing really well for themselves in regards to the general "non musician" public

Anyways the point i am trying to make...don't say something sucks and that they are a disgrace to music or because you don't like it, just say its not your thing, realistically a band like coldplay, or even satch may inspire be the reason that some 8 year old kid picks up a guitar or bass and i am not going to say becomes the next "insert famous name here" but rather redefines the instrument, all because way back when someone inspired him to play regardless of them being an influence and what they have created.
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