...Wal-Mart Sued Over Evanescence CD Lyrics

2 hours, 7 minutes ago Top Stories - AP

By DAVID DISHNEAU, Associated Press Writer

HAGERSTOWN, Md. - Wal-Mart Stores Inc., which promotes itself as a seller of clean music, deceived customers by stocking compact discs by the rock group Evanescence that contain the f-word, a lawsuit claims.

The hit group's latest CD and DVD, "Anywhere But Home," don't carry parental advisory labels alerting potential buyers to the obscenity. If they did, Wal-Mart wouldn't carry them, according to the retailer's policy.

But the lawsuit claims Wal-Mart knew about the explicit lyrics in the song, "Thoughtless," because it censored the word in a free sample available on its Web site and in its stores. The complaint, filed Thursday in Washington County Circuit Court, seeks an order requiring Wal-Mart to either censor or remove the music from its Maryland stores. It also seeks damages of up to $74,500 for each of the thousands of people who bought the music at Wal-Marts in Maryland.

"I don't want any other families to get this, expecting it to be clean. It needs to be removed from the shelves to prevent other children from hearing it," said plaintiff Trevin Skeens of Brownsville.

Skeens said he and his wife, Melanie, let their daughter buy the music for her 13th birthday and were shocked when they played it in their car while driving home.

Wal-Mart, of Bentonville, Ark., has no immediate plans to pull the CDs from its shelves, spokesman Guy Whitcomb told The (Hagerstown) Herald-Mail. He said the company will investigate the allegations. No hearing dates have been set.

"While Wal-Mart sets high standards, it would not be possible to eliminate every image, word or topic that an individual might find objectionable," Whitcomb told the newspaper.

He told the Herald-Mail that the song sample online was censored by Walmart.com, a separate division of Wal-Mart.

Whitcomb didn't return telephone calls Friday from The Associated Press.

The lawsuit also names as defendants Wind-up Records LLC, the New York-based company that recorded the music and decided not to apply parental-advisory stickers; and distributor BMG Entertainment, a subsidiary of Sony BMG Music Entertainment, of New York.

Sony BMG declined to comment on the lawsuit. Wind-up didn't return calls from the AP.

The Skeens' lawyer, Jon D. Pels of Bethesda, said he aims to "take this case national, even if that means going state by state."

He dismissed Whitcomb's suggestion that Wal-Mart stores didn't know about the censored version of the song. "They are a multimillion-dollar corporation and they certainly can communicate among their various entities," he said.

Are u fucking kidding me? (out of disbelief) $74,500?!? EACH???

Don't teach your child the F word, but teach them to clog up the courts with baseless lawsuits demanding damage payments. Which is more corrupting?

Exactly, talk about screwed-up.

Any retailer carrying an Evanescence CD should be fined harshly!

VoicesCarry said:

I like the group. I think she has an amazing voice. It's silly that people would sue Wal-Mart over such a small thing. They should be sueing Brittney Spears and Christina Aguilera for the things they represent - everything gone wrong.

let's see... i've bought "goats head soup" at wal-mart, and "fuck" is used on that album at least 20 times... "fuck" is on numerous jimmy buffett albums that i've purchased from wal-mart... "fuck" is on prince's "the hits 2" that i bought at wal-mart... ... maybe i should jump all over this lawsuit...

On the other hand, I don't mind seeing Wallyworld getting kicked in the shins, so for that reason alone I hope the plaintiffs win (not because they actually deserve any compensation!). Scary to think Walmart's one of the biggest music retailers in the country now.

VoicesCarry said:

bananacologne said:

If people in Maryland were smart, they should buy the CD from there....just in case! Shit, I would take the gamble.

suzysue said:

I don't know which lawsuit sounds more absurd. Since I own some Britney albums, does that mean I could get some money out of it? In that case, bring it on!

VinnyM27 said:

No, you should be fined for owning Britney albums Credit through prince.org available.

They won't censor that, but they'll censor this...

"Watch out sister, watch out brother,
Watch our children while they kill each other
With a gun they bought at Wal-mart discount stores"



...Solution?



Don't buy CD's from WalMart ever!!!

CinisterCee said:

And I hope it backfire on these putzes. I'm tired of people looking for ways to get rich off these silly lawsuits. They're hoping Walmart will settle, but they will have to prove damages via trauma and I'm sure they're gonna look pretty stupid showing this 13 year old girl try to explain that she was tramautised by it in these days. I'm not lover of Walmart, but I really hope they decide to take it to trial, hopefully Walmart can hire Scott Peterson's defense team and they'll tie it up with a bunch of meaningless delays and cost these putzes a lot of money. That'll teach them a lesson.

LQ

I swear, people are getting stupider every day.

That said, Wal-Mart is the devil.

WalMart was stupid to begin with for censoring CDs. Now they are on the receiving end of some self-righteous bible thumping wrath...taste of their own medicine...

VoicesCarry said:

did you see them on the billboard awards? she sounded like a wounded dog on the side of the road! down girl!

Christopher said:

VoicesCarry said:

lol. wal-mart should be sued for carrying those two.

VoicesCarry said:

well said

If Wal-Mart calls itself having such a damned "clean" image, then why do they carry VHS tapes and DVDs of R-Rated movies with brief nudity and obscene language?

Wal-Mart needs to get a damned life.

vainandy said:

Thank You. I have always found that so ignorant and hypocritical. Movies have more explicit forms violence, profanity and sexuality than ANY CD could ever hope to attain. However, this is rarely mentioned when people talk about Wal-Mart's wholesome image.

AMEN!

meow85 said:

I know....who to rot for? The connie housefraus that have to sue becuase their kind might hear the F-bomb or the evil empire of Wal-Mart!

vainandy said:

Glad I'm not the only way who feels that way.

If you're going to go to that extreme, you've gotta go across the board.

CinisterCee said:

This is getting rigoddamndiculous

VinnyM27 said:

With any luck they'll both self-destruct!