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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Mon Mar 12, 2012 2:07 am 

Joined: Sun Jan 23, 2011 2:03 am
Posts: 258
Location: Austin
^^^^
1. That video is old and has nothing to do with the lawsuit.
2. When was the last time you heard of Mario and Alfredo playing together?


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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Mon Mar 12, 2012 3:55 am 

Joined: Sat Dec 18, 2010 10:29 pm
Posts: 1722
Why was that old video presented as a development in this lawsuit? It's blatantly out of context...


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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Mon Mar 12, 2012 11:22 am 

Joined: Sun Dec 19, 2010 8:26 am
Posts: 782
Rusty Brookes wrote:
If anyone has claims to the name Kyuss, I would have thought it was Gary Gygax.


/thread, this guy wins.


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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Mon Mar 12, 2012 11:52 am 

Joined: Sun Dec 05, 2010 1:22 pm
Posts: 303
Yeah, can't hey just change the name a little, (say, remove the Y and replace it with I, that way it'd pretty much be the same, but different), and play the songs? Or does the holder of the copy write also control performance usage?

Does the Misfits situation throw and light on this as an anicedent? Or RATT? I like Kyuss and spin the last couple recs. once in a blue moon -and they were pretty impressive on the SKY VALLEY tour but I don't care about'm enough to think my worlds missing out on much if I don't see'm knock out the oldies. There's tons of other bands sluggin' in out right now I'd rather concern myself with. Also I actually liked the Garcia stuff after Kyuss as much or more; he got to be a better singer and the material suited him better.

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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Mon Mar 12, 2012 4:31 pm 
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Joined: Mon Jan 03, 2011 5:44 pm
Posts: 554
Location: Quincy, MA
seems like some jackass lawyer took Homme's kindness for weakness and vultured in and convinced the other guys to make a bad decision, which really sucks because it probably puts the kibosh on any chance at a full reunion down the line.


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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Mon Mar 12, 2012 6:29 pm 

Joined: Fri Dec 02, 2011 11:37 pm
Posts: 3
astroman wrote:
^^^^
1. That video is old and has nothing to do with the lawsuit.
2. When was the last time you heard of Mario and Alfredo playing together?



very recently. Yawning Man.


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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Mon Mar 12, 2012 11:03 pm 

Joined: Sun Dec 05, 2010 12:54 pm
Posts: 987
scarab cadaver wrote:
The Kyuss thing is a little trickier as well in that when those guys play anything off of "And the Circus Leaves Town", the only one involved with that album was John. Nick, Brant and Bruno all had zero to do with those songs. And if John didn't write lyrics for some of those songs then it's quite possible that NOBODY onstage had a hand in writing the music or lyrics for those songs. Due to their convoluted and changing line-up, it kind of muddies everything up, which is unfortunate.


That's a great point.


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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Tue Mar 13, 2012 3:40 am 

Joined: Sun Jan 23, 2011 2:03 am
Posts: 258
Location: Austin
huskerdude wrote:
astroman wrote:
^^^^
1. That video is old and has nothing to do with the lawsuit.
2. When was the last time you heard of Mario and Alfredo playing together?



very recently. Yawning Man.

that's cool, when? As far as I knew, the last Yawning Man lineup that included both of them was like April 2010.


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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Tue Mar 13, 2012 5:12 am 
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Location: Germany
The lawsuit over the ownership of the name has nothing to do with who played when in the band and who wrote what. Chris Cockrell could be the rightful owner of the name and he was in Kyuss for 15 minutes or so.


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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Tue Mar 13, 2012 12:54 pm 
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Posts: 323
Location: Fort Worth, Texas
huskerdude wrote:
Jesus what a shitty turn of events. That expression of Brant's in the video is him trying to make the connection between four high school friends making music together and them suing one another.

This is one result of turning the righteous endeavor of making music into a vehicle to pay the bills. As soon as a check is on the table, friends become enemies. Rules get thrown out. And I'm not saying I would act any differently. I would like to think I would, but who knows. That is the evil power of the greenback.

Why is it that Mario Lalli, Fredo Hernandez, and the rest of those high school buddies continue to make music, regardless of line up and band name? Because they haven't had money fuck things up. And thus they've been able to focus on the important things, like playing music with your buddies.

So the moral of the story, if you're in a band, and someone offers you money, do not say "Cool, I'm getting paid for doing what I love to do." There is a catch, there always is. And this story is that lesson. Rip up that check.
Or send it to me.



You make it sound like only the big evil capitalist dollar is the only thing that creates problems with bands, its not. Hell, drugs, women, and clashing personalities/creative control have broken up more bands and created more problems than money ever did in the world of bands and musicians.

We recently fired out singer for being one of the biggest douche bags on the planet (screwed the drummers wife, stole two guitars and we believe he is on dope but can't prove it) - he threatened "physical violence upon us" if we used his lyrics or song titles in anything moving forward. Next gig with a fill in vocalist - we used his lyrics lol. But an interesting point outside of the terroristic threats: while lyrics were mostly written by the singer, the music for those songs were written by me or as a full band. We had discussion on this subject with a multi platinum, Billboard number one artist friend of of ours who is no attorney but has lots of experience in this area - and he told us that if the songs were written together as a band as they were (lyrics were written on the fly during the course of jamming a song out) that we all would have rights to those songs and if it went to court, that is most likely to be the case. Now there is legal positioning to work around that but more than likely, a court would find we all had ownership o the material and the name.

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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Tue Mar 13, 2012 1:58 pm 

Joined: Wed Oct 12, 2011 9:29 pm
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Location: WA
I think Homme and Reeder are in the right here. They allowed Garcia to do Kyuss Lives! under certain terms and it sounds like he hasn't obeyed them.

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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Tue Mar 13, 2012 2:42 pm 
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"I think Homme and Reeder are in the right here. They allowed Garcia to do Kyuss Lives! under certain terms and it sounds like he hasn't obeyed them."

That sounds about right to me.


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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Wed Mar 14, 2012 2:09 am 
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Joined: Sat Dec 04, 2010 9:19 pm
Posts: 103
Location: Melbourne, Australia
Full complaint listed.

https://s3.amazonaws.com/www.filmesq.com/03092012_homme_v_kyuss_lives.pdf


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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Wed Mar 14, 2012 5:08 am 
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Posts: 801
Location: Germany
That will end with an out of court-settlement with Homme and Reeder getting a cut of Kyuss Lives. Looks that there are two problems: Garcias camp trying to get full control of the name (maybe even without his full knowledge) and the whole Kyuss-Lives-endeavour making way more money than expected and going in a second and third round making even more money.


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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Wed Mar 14, 2012 10:51 am 

Joined: Sun Dec 19, 2010 8:26 am
Posts: 782
Quote:
11(b) If at any time the Partnership consists of fewer than
two (2) original Partners, the Partnership may no longer
exploit the Group Name in any manner except with respect
to master recordings, compositions, merchandise, endorsed
products and other materials placed in commerce prior to
such time.
11


Doesn't the fact that both Brant and John are doing it make this entire thing invalid? What's funny as well, is that they make reference to original members and Josh/John as being the only two people that have been with Kyuss the whole time. Then they bring in Reeder saying that they needed his consent when his name was never in the document until that point.

What's even funnier is that they state that because of QOTSA success, it provided interest in Kyuss' back catalogue. How would a new Kyuss album and tour under that name not do the same?

I stopped reading it after that point, cause it just seems like Homme is butt hurt.


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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Wed Mar 14, 2012 2:55 pm 

Joined: Thu Apr 28, 2011 6:04 pm
Posts: 150
Location: Houston, TX
No, becuase under the original agreement they made about the band name (in 1992, must have been right after Brant left), they defined the original band members as Garcia, Reeder, and Homme. So 2 of those 3 would have to be involved.

Reading through, at first blush it sounds like a legit claim. At the very least it should be enough to get a settlement wherein they use Kyuss Lives but not Kyuss.

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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Wed Mar 14, 2012 3:12 pm 

Joined: Sun Dec 19, 2010 8:26 am
Posts: 782
Interesting. Kind of still stupid to call Reeder an original though.


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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Wed Mar 14, 2012 4:24 pm 
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Location: Melbourne, Australia
grooverock wrote:
No, becuase under the original agreement they made about the band name (in 1992, must have been right after Brant left), they defined the original band members as Garcia, Reeder, and Homme. So 2 of those 3 would have to be involved.

Reading through, at first blush it sounds like a legit claim. At the very least it should be enough to get a settlement wherein they use Kyuss Lives but not Kyuss.


The agreement between the "original partners" was executed in July 92, Brant didn't leave until 93/94.


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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Wed Mar 14, 2012 6:44 pm 

Joined: Thu Apr 28, 2011 6:04 pm
Posts: 150
Location: Houston, TX
Sorry, should have said "core members" which I believe is how the complaint referred to it. But that is strange to have not included Brant if he was still in the band.

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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Thu Mar 15, 2012 10:09 pm 

Joined: Wed Dec 08, 2010 8:59 pm
Posts: 233
Ya know, I really fuckin hate that this is happening. Like many folks here (I'm not saying all) Kyuss has been one of my favorites for so many years. So to see a division this deep, and what may become bitter, it really stinks. I've followed almost every act every ex-Kyuss guy went onto after 1995. When the reunion happened, I fell squarely on the side of cheering for it, saw the Kyuss Lives line-up 4 times, and they smoked every one of them. However this court case settles, or settles out-of-court, whatever financial arrangement is reached, I hope they can go on, make that new album, and continue touring. The last thing I want to see is it all fall apart.


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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Fri Mar 16, 2012 2:13 am 
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Mr Red wrote:
Kyuss Lives! might put together a prepared PR statement, but I doubt we see any recorded live commentary regarding the lawsuit.


"We are both shocked and saddened that our friend and one time band mate has chosen to file a lawsuit against us, especially after having positive discussions since our reformation," said John Garcia and Brant Bjork. "We look forward to resolving this private matter behind closed doors and moving forward with work on our new album and connecting with our amazing, loyal fans."

This whole dealio much puts the odds of any proper reunion at nil/zilch/zero. Pretty much what Josh always wanted.

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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Fri Mar 16, 2012 3:15 am 

Joined: Sat Dec 04, 2010 9:22 pm
Posts: 1863
we all know this is about Danno's plans to sue stonerrocklives.com.


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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Fri Mar 16, 2012 3:33 am 

Joined: Sat Dec 18, 2010 10:29 pm
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dong ytown wrote:
we all know this is about Danno's plans to sue stonerrocklives.com.


Did you ever shoot pocket pool in Danno's basement? I didn't think so.


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 Post subject: Josh Homme & Scott Reeder File Federal Lawsuit over Kyuss Na
PostPosted: Fri Mar 16, 2012 5:44 am 

Joined: Wed Jan 26, 2011 11:06 pm
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Location: new york
I wonder If the agreement in 92 was the real reason brant quit the band

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 Post subject: Re: Josh Homme & Scott Reeder File Federal Lawsuit over Kyus
PostPosted: Thu Mar 22, 2012 6:32 pm 
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http://www.antiquiet.com/interviews/201 ... its-kyuss/

Nick spills big time.


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