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juliathemenace

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Posts posted by juliathemenace

  1. Here's my take on the legal thing.

     

    The way I read the interview the band had the vinyl rights and Universal breached their contract with each pressing. Omar was guided by his attorney not to pursue damages because of costs. 

     

    Part of me has a hard time believing Universal over and over again knowingly and purposely breached the agreement and released the albums. On the other hand, Universal could have said fuck 'em and pressed the records. The band is nothing compared to some of the massive artists under the Universal umbrella. 

     

    So if I'm their lawyer I need to do a cost/benefit analysis of whether or not its worth it to sue them. First, you're going after a giant with unlimited resources and tons of in house counsel, who in turn will drown you in motions and bullshit. However, if the contract very clearly reads no vinyl rights, lawsuit itself is pretty simple and if you can navigate universal's bullshit proving the breach is pretty easy. 

     

    It does seem, however, that both sides have radically different views of the contract, which would be a contract interpretation and formation dispute, and they would need to provide evidence to prove the other side's knowledge of what they were agreeing to (emails, letters - non hearsay, not easy). Assuming they prove Universal absolutely knew they couldn't press the vinyl and did it on purpose, the question really is then damages. What will the band be paid if they win? How much did universal profit from illegally selling those records? Big picture, really not that much when you consider the low quantities of pressings and what the label took home, not grossed. Then let's say they are in a state where you get triple damages as punishment, you've still got to pay all your lawyer fees, which most likely will be 1/3rd of your recovery. This could be a multi year extravaganza, extremely draining mentally and seriously distract Omar from creating and moving forward, all for a few hundred grand, which then gets divided among whoever in the band has royalty rights. 

     

    In terms of the Walmart lawsuit point - each lawsuit needs to be analyzed on it's own set of facts and what the damages are. If someone slipped, fell and broke their leg, it's pretty simple. Walmart also has insurance for all of this shit, so if the person has a video/walmart cameras of them slipping on something Walmart should have cleaned up, they are most likely getting paid pretty easily based on hospital bills, limited ability, not being able to work, etc. 

     

     

  2. When you think about what legitimate copies of the first 2 records go for online, it makes sense. I agree the box is beautiful. I'm a huge fan of theirs and have no records in the catalog, so this is a no brainer for me. I also think this will sell out by the end of today and at that point the box will be worth more than $500. This all said, I can't see them not selling the albums as individuals after this. It makes sense on their end to do the high end limited box first, let that go, and then pick up all the individual sales after. 

  3. 26 minutes ago, prowl20 said:

    Someone just told me it's Parting Gift Records that will be releasing it. TTTH just gets paid for the store front and to deal with shipping.

    3 variant /200 splatter /300 splatter /500 color in color.

    I guess we'll see. I never got into this record so I'll likely opt out of ordering it.

    Haha did you see their twitter post? they responded to Wed The Third with some monkeys lol

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