|  | | 
04-10-2009, 12:51 PM
| | Registered User | | Join Date: Jun 2007 Location: Ypsilanti, MI 48197 | |
Sign in to disble this ad
Quote:
Originally Posted by JimmyM 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". Quote:
Originally Posted by JimmyM 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". Quote:
Originally Posted by JimmyM 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.
__________________
aborgman Lagerhaus5 for your Rock & Roll needs.
| 
04-10-2009, 01:00 PM
| | Registered User Endorsing: Ampeg | | Join Date: Apr 2005 Location: Apopka, FL | | Quote:
Originally Posted by aborgman ...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.
__________________
Ampeg Portaflex Club #1
| 
04-10-2009, 01:10 PM
| | Registered User | | Join Date: Jun 2007 Location: Ypsilanti, MI 48197 | | Quote:
Originally Posted by JimmyM 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.
__________________
aborgman Lagerhaus5 for your Rock & Roll needs.
| 
04-10-2009, 01:53 PM
|  | So much flame, it burns............ | | Join Date: Feb 2002 Location: Las Vegas, NV. | | Quote:
Originally Posted by JimmyM 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.
__________________ "Heck! Even Hulk Hogan plays a bass guitar. But, let’s be honest. As a bass player, the Hulkster is no Gene Simmons!"-Jeff Berlin | 
04-10-2009, 01:59 PM
| | | | 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.
__________________
βΘИΞКЯŲŜĦÏИĞ® #40 - Mark Wilson Fail Club #P-Bass or J-Bass?
| 
04-10-2009, 02:00 PM
|  | So much flame, it burns............ | | Join Date: Feb 2002 Location: Las Vegas, NV. | | Quote:
Originally Posted by D Rokk 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. 
__________________ "Heck! Even Hulk Hogan plays a bass guitar. But, let’s be honest. As a bass player, the Hulkster is no Gene Simmons!"-Jeff Berlin
Last edited by PhatBasstard : 04-10-2009 at 02:02 PM.
| 
04-10-2009, 02:03 PM
| | Registered User | | Join Date: Aug 2008 Location: San Diego, CA | | | 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.
__________________
SWEET ZOMBIE JESUS!
| 
04-10-2009, 02:26 PM
| | | | 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. | | Thread Tools | Search this Thread | | | |
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts HTML code is Off | | | |