jeez. i'm sounding like a 'fam', ain't i

XxAxX said:

I'm rather ignorant of the legal system and such, but if Prince wants to build a case against WB and use the argument that WB made these unauthorized materials available for purchase to fans, how is it more helpful for him to get the proof (the actual, physical CDs/albums/etc) from fans, vs. purchasing the material himself now off of Ebay or other places? Because if an actual fan mails in their stuff to the Club, if this case goes the distance, wouldn't the Club be obligated to provide proof of where THEY got the material from...i.e.: from which fan, thereby disclosing the fan's name, etc.? And, further, wouldn't the fan possibly have to sign a bunch of legal documents, or give sworn statements to lawyers or give testimony in court of where THEY obtained the items?

I say that cuz otherwise couldn't WB just say to Prince (in court) "How do we know what you're claiming is fact? Provide the fan who provided YOU with this material so we can cross examine THE FAN."

I hope I'm making sense here. Like I said, I'm no authority on how the law or lawsuits work. It just seems to me that the Club would have to involve a fan who sends in their unoffically released/bootleg material much more than the fan merely mailing it in, meaning maybe having to provide testimony of where THEY acquired the material.

If it's just a matter of the Club needing the physical evidence of the unofficial or bootleg material existing to support their stance, then I don't understand why it's not good enough for Prince/NPGMC to just get that stuff via other avenues than having fans mail it in to them.


typo edit
[This message was edited Thu Jul 24 16:58:34 PDT 2003 by SnowQueen]

i agree it's confusing the way they presented their request. i'm glad they explained the email, too, on the 'u tell us' forum at the NPGMC site, but i still have questions too, so i'm speculatin' here

but i think that maybe, given the nature of the request and the dates of the releases, the material referred to may have been released years ago when he was still under contract with WB (guessing here!) and that material may no longer be for sale, which might be why they need us to help get samples. is it possible that prince could have discovered this years after the fact? maybe

as far as worrying about being required to appear in court, i don't think that would be likely, since travel/hotel expenses for witnesses would occur at the expense of prince's lawyers and would be too costly, etc. so if someone were required to attest to where they bought the material, they would likely do so in the form of submitting a written statement where they tell their story, then sign it in front of a notary public who witnesses the signature. then later the affidavit would be submitted to the court.

and if said fan bought the material from what they thought was a legitimate source, then the fan wouldn't be liable for owning bootlegs, WB would be responsible for misleading the fan, and maybe for diverting business from prince in the sense that the fan might otherwise have spent the money on a legitimate album. plus, if what prince alleges is true, then WB probably didn't pay him any royalties on the unauthorized sales.

and if prince could prove all that he might be able to sue for some sizable damages.

XxAxX said:

XxAxX, I don't mean to get at you, you seem nice, and your heart is in the right place, but...

What law school did you go to!?

Prince showing up in court with a bunch of CDs in a bag will not assist the judge in any way. He simply needs proof that the said product was made available (Something WB could not deny) and then try to establish the volume of sales. Which would have to come from WB and the distribution stream.

As for the fans being "liable" for owning bootlegs, it is not illegal to own them. And Warner didn't publish them. Any leaks came from Princes choice of studio or security.

And if you think its a "foriegn" thing, why are they asking for US releases?

But forget all of that, because the majority of CDs and records that Prince is after are easily bought. So why don't the club buy them for themselves. They'll have a reciept too, which will help their cause.

If they can buy them (Or even ask the fams where to get them), then they could avoid the who stupid fiasco. Again, P wants everyone else to pay except himself.

Like I said, I don't mean to get at you, but you are posting everywhere, telling people that real fans should hand over the disc, when the whole thing is a mess.

I can show you how to get the said recordings. Would you like me to show you, so you can buy them, and then send them on to the Club?

Damn...Damn...Damn!

SquirrelMeat said:

gracious! don't take it so personal! i didn't mean it 'that' way.

ps: SMeat - you really know where to buy that stuff? orgnote me the source, if you do. thanX

How bout if we send him our bootlegs and in return, he sends us crisp studio recordings of the exact same material? Then maybe I'll consider it.

EvilWhiteMale said:

He'll probably do that, only they'll all be returned as a Kirky J remix

XxAxX said:

Yeah, but I already supported him getting out of the Warner contract, and i regreted that. I won't make the same mistake twice. He fucked the fans over, If he wants 2 battle them, fine. Just don't use the CD's that I paid for as your case, He just have to give them the list and one copy of each recording as proof, not everyones release.
[/quote]

ok whatever

dnaplaya wrote:

He'll probably do that, only they'll all be returned as a Kirky J remix


Not to mention special raps by the legendary Tony M.

What I don't understand is why Prince doesn't get over it already. I agree it has to be some Larry advice but I knew if I said that before somebody else did I would just get criticized.

Boy George had a best friend back in the 80's that helped to destroy his fanbase and he did a good job of it.