Discussion in 'Miscellaneous [BG]' started by CJ_Marsicano, Jun 21, 2003.

  1. >
    > This is not a solicitation from Alternative
    > Tentacles or any related entity -- just an
    > appeal from a long-time Dead Kennedys fan who
    > is sick and tired of seeing Jello Biafra, the
    > true voice, heart and soul of Dead Kennedys,
    > be abused legally, mentally, financially, and
    > spiritually.
    > On June 20, 2003, a California Appeals Court
    > refused to hear the appeal of Jello Biafra
    > with regards to his ongoing (since 1998)
    > legal dispute with the other former members
    > of Dead Kennedys.
    > If this were a simple cut-and-dry copyright
    > and royalty dispute case, this would not
    > matter... but there is more than meets the
    > eye here. The other former DK's, led by
    > guitarist/business manager Raymond Pepperell
    > Jr. (East Bay Ray), have been attempting to
    > put Biafra and Alternative Tentacles Records
    > out of commission since this whole ugly mess
    > started over a long-corrected accounting
    > mistake plus Biafra's refusal to allow
    > "Holiday In Cambodia" to be used in a Dockers
    > commercial.
    > Pepperell has vowed to friends (and
    > "enemies", including Biafra and many
    > Alternative Tentacles employees) that he will
    > not stop his litigious ways until Alternative
    > Tentacles Records collapses and Jello Biafra
    > is bankrupted/homeless/dead! He is
    > reportedly planning to file or may have
    > already filed a second suit against Biafra
    > and Alternative Tentacles for alleged slander
    > regarding the former DK's deceptive business
    > practices, especially with regard to both the
    > DK's back catalog and current slew of live
    > performances. Credits of DK's albums have
    > been altered with songwriting credits being
    > changed to claim that all four members
    > co-composed (rather than just arranged) every
    > song on DK's albums. Biafra has already filed
    > a lawsuit of his own against the ex-Kennedys
    > regarding their continuing promoting of live
    > performances, initally billed as "Dead
    > Kennedys" concerts (often with pictures of
    > Biafra circa the band's glory days) when
    > ticket sales or dates are announced, then
    > downgrading the billing to "DK Kennedys", an
    > acronym for Dead Kennedys and Dr. Know, the
    > former band of current DK's "lead singer"
    > Brandon Cruz (former child actor from "The
    > Courtship Of Eddie's Father" after a period
    > of time has passed.
    > All of Pepperell's deceptive business
    > practices, by the way, are flying in the
    > course of an initial court order that ordered
    > the Decay Music partnership to be split up and
    > the master rights to the DK's back catalog to
    > be sold to a third party.
    > Outside of helping/supporting Biafra and ATR
    > via their defense fund, what can a fan of
    > Biafra and what the DK's stood for do?
    > Simple, protest! Go right to the top... in
    > this case, Raymond "East Bay Ray" Pepperell
    > himself!
    > WHAT TO DO:
    > East Bay Ray's contact information is
    > publicly available via's database is
    > available at the following link:
    > (the actual URL is too long to fit into an
    > e-mail without it getting cut off and
    > word-wrapped). His fax is (510) 652-4815, his
    > e-mail is [email protected], and
    > his/Decay Music's PO Box is: Decay Music, PO
    > Box 11399, Piedmont, CA 94611.
    > Fax, e-mail or write Pepperell. Urge him to
    > give up his litigious ways, sit down with
    > Biafra and the other DK's, and settle the
    > whole deal.
    > If you are angered by Pepperell's actions,
    > tell him so, but be civil. As tempting as it
    > would be to call him every name in the book,
    > it would not help matters, it would only make
    > them worse. Tell him that his actions have
    > turned you off as s fan of the band's music
    > and that you will no longer support his work
    > unless he wises up. Don't send him death
    > threats. Don't tie up the phone number listed
    > in the BMI datebase.
    > On the other hand, DO BY ALL MEANS put
    > pressure on Pepperell to do the right thing
    > for the good of the music and legacy of Dead
    > Kennedys. And encourage your fellow music
    > fans, especially of Biafra and Dead Kennedys,
    > to do the same.
    > More info on the Biafra vs. DK's case can be
    > had at, while
    > the former band members' side of the story
    > (admittedly very questionable) is posted at
    > ----
    > This is a fan-based campaign not affiliated
    > with Alternative Tentacles Records whatsoever.
  2. BassistJ


    Mar 20, 2001
    Hemet, CA USA
    Umm...not to stir up a ****storm or anything, but what exactlly is DK being accused of? According to the court transcipts Biafra was found guilty of knowingly withholding royalties from the band (far from a long-corrected accounting mistake). Biafra also "did not dispute that he acted deceptively in his appeal". He still gets his share of the publishing and roytalties, full control of all artistic material (along with the rest of DK's), and remains a full voting member within the Decay music partnership.

    I'm sorry, but I've yet to see how Dead Kennedys did anything wrong. Frankly, it sounds like a whole mess of sour grapes on Jello's part. If this is'nt the case I whole-heartedly encourage you to set me straight.
  3. Munjibunga

    Munjibunga Retired Member

    May 6, 2000
    San Diego (when not at Groom Lake)
    Independent Contractor to Bass San Diego
    OK. Now we have one side of the story.
  4. Jarrod


    Jan 1, 2002
    Los Angeles, CA
    I already posted similar information on this a long time ago, and no one noticed... hopefully a few more people will take note this time...

    It's been really unsettling for me to watch one of my favorite bands completely violate everything they ever stood for. :meh:
  5. Woodchuck


    Apr 21, 2000
    Atlanta (Grant Park!)
    Gallien Krueger for the last 12 years!

    You stole my thunder! Well said!
  6. Fuzzbass

    Fuzzbass P5 with overdrive Gold Supporting Member

    Yep. For all we know that email was written and sent by Mr. Biafra himself.
  7. Two things:

    Biafra doesn't even own a computer. He's said things to the effect of he's not a technologically inclined person and wouldn't know where to start in the first place. So the e-mail isn't from him. I got a forwarded copy from Mike Watt (via his mailing list), who got it from someone else. If you really want to see "factoids" (emphasis on the quote marks) "anonymously generated" from an "independent source", it should be noted that the "unofficial" site is maintained and operated by the same person who runs the OFFICIAL Dead Kennedys site.

    Having read both sides of the story, I think the DK's version (most likely just East Bay Ray's with the other two clowns playing along) has a lot of holes and/or contradictions in it. Biafra is unfortunately getting it from both sides of the equation because not only are the other three members (led by Ray) suing him, he's still one-fourth of the band partnership on paper, which means he's involuntarily paying to sue himself! No rational person would draw out a lawsuit that could have been easily settled and drag it to court like East Bay Ray & Co. have been doing - Biafra has stated repeatedly that he and Alternative Tentacles Records offered to settle the matter when it first came up but the others refused.

    otta go with Jello on this one.
  8. BassistJ


    Mar 20, 2001
    Hemet, CA USA

    Again, no disrespect to CJ or to Mr. Jello (heh...Mr. Jello...what a cool name) but this is'nt about intentions, this is about legality. Biafra could be the nicest guy in the world and love all the lil' kittens who land on his doorstep but the fact is that he KNOWINGLY withheld royalty payments from his own band members. Simple as that. Now, if Jello could come up with some sort of documentation showing that he attempted to settle up with the guys when the "error" was detected that would be a whole different story. The other three guys from DK's could be dicks (I have no idea. Not my cup of tea), but they look to be in the right in this case.

    Again, I could be wrong.
  9. Well, I'm still waiting for Ray to prove that he is still paying Biafra his fair share of the royalties... Ray claims that he's paid Biafra and given him documentation etc. but Biafra says he's gotten little if anything in the way of documentation and what he has gotten has had stuff blacked out...

    Biafra said A LONG TIME AGO that they found the error and paid the band... so the lawsuit is rather ridiculous... No matter how you slice it, this is a case of Ray being a greedy prick no matter what Biafra does or says.

    If this were a simple royalty or copyright dispute it wouldn't matter... but when someone (Ray) is acting in a malicious matter above and beyond an already-long-corrected accounting error, that's just wrong.

  10. 3 crotch grabs

    3 crotch grabs Guest

    Oct 28, 2002
    San Francisco, CA
    i can't support either side of this arguement. both ray and jello are being idiots. neither is innocent. i think they should all move on, and stop playing music that isn't even relavent any more.

    by the way, i'm looking forward to the jello/melvins album.
  11. many of those dk's songs are still relevant... however, ray & company are vampiring on past laurels after sitting on their asses for the better part of 15 years, while biafra (bless him) has been working his ass off making music and spoken word recordings and running the label. therefore, it goes without saying (but I'll say it anyway) that the only idiot in this equation is raymond "east bay" pepperell, jr.
  12. 3 crotch grabs

    3 crotch grabs Guest

    Oct 28, 2002
    San Francisco, CA
    no offense, but that's kind of a silly arguement. if ray and the guys wrote the songs, they should get whatever credit is coming to them. seeing how jello is a flamboyant front man and a hell of a business man, he's able to get everything out of it. it doesn't matter what they've done since.
  13. No, it's not a silly argument. Biafra stayed so busy that his name is synonymous with the band name. Mention his name and people will still link it to the DK's - anytime he did anything in the past 15-plus years, whoever wrote about him had to make at least one reference to DK's. Mention the other three jabronis... expect to hear the sound of one hand clapping for at least ten seconds.

    Ray and the guys didn't write the music to every song Biafra put his name on - they just helped arrange most of them. Biafra doesn't play an instrument but that doesn't mean anything - I've studied some of his songs, and the way he comes up with his melodies is so different that since he's unencumbered by the limitations of a guitar or keyboard, he doesn't have any limits as to what he comes up with. The fact that most of his musical compositions post-DK's still bear the Biafra style irregardless of who he records with (D.O.A., NoMeansNo, Mojo Nixon, etc. - even Lard to a certain extent although that's a full collaboration with the Ministry guys) bears that out.

  14. Munjibunga

    Munjibunga Retired Member

    May 6, 2000
    San Diego (when not at Groom Lake)
    Independent Contractor to Bass San Diego
    Besides, who on earth would ever pick a dork-wad name like "Biafra"?
  15. No comment from the peanut gallery, please.

  16. Hategear

    Hategear Workin' hard at hardly workin'.

    Apr 6, 2001
    Appleton, Swissconsin
    After reading through this whole thread, I had to go back and read the title again. I thought it said, "BIAFRA vs. DK's - PROTEST EBAY." I was like, "What the heck does this have to do with eBay?" Anyway...

    It's late and I'm tired. I guess I shouldn't have finished that entire bottle of Mountain Dew Live Wire before hitting the sheets, eh?

    :rolleyes: :(
  17. 3 crotch grabs

    3 crotch grabs Guest

    Oct 28, 2002
    San Francisco, CA
    cj, in my opinion both sides are wrong.

    they should all shut the hell up already.

    jello is just a personality. he has some NEED to have his name on peoples lips. he's become what he despised all those years ago.

    ray is the same way. he's trying to ride his accomplishments from two decades ago.
  18. g,

    at the risk of quoting ol' dirty bastard... "nigga, please!" if there's one thing biafra doesn't have, it's an ego problem.

    for the last time... biafra's kept busy since the dk's disbanded... his output speaks for itself. what was ray's excuse?