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R/E/P => R/E/P Archives => R/E/P Saloon => Topic started by: fiasco ( P.M.DuMont ) on October 14, 2008, 05:52:47 pm

Title: I do believe a PSW member wants to sue me.
Post by: fiasco ( P.M.DuMont ) on October 14, 2008, 05:52:47 pm
Today I received an "interesting" email.

It states:

"I was reviewing the thread about that "demo deal" I posted a while back and realized I had missed your comment calling me a liar.  Nobody does that to me without consequences.  I have narrowed down the possible culprits who contacted my prospective production deal artists and interfered with our contract negotiations, to you and three others.  You will be receiving communications from me shortly regarding litigation."


I was at first very puzzled by this, but shortly came to realize that the email seemed too... specific.

It seems that a forum member from this thread     http://recforums.prosoundweb.com/index.php/mv/msg/22045/0/0/ 17474/ alerted some folks about a seedy deal offered by the original poster, the subject of the thread.

And now it seems that I will be pursued for litigation because I simply called someone a liar      http://recforums.prosoundweb.com/index.php/mv/msg/22045/0/12 8/17474/.




Who is this unknown vigilant?

Who was it that wronged this indignant benefactor?

Have the "other three" received their threats yet?

Will the unsigned in fact go without a shitty deal?

Stay tuned.



Terry, Ross, I apologize if this is inappropriate, but I felt I could not deal with this in a private manner as this supposedly involves three other forum members.

For the record I will not state if I was one of said whistle blowers.
Title: Re: I do believe a PSW member wants to sue me.
Post by: seedyunderbelly.com on October 14, 2008, 06:04:12 pm
Does that mean everybody is not going to be rich?
Title: Re: I do believe a PSW member wants to sue me.
Post by: fiasco ( P.M.DuMont ) on October 14, 2008, 06:08:15 pm
seedyunderbelly.com wrote on Tue, 14 October 2008 18:04

Does that mean everybody is not going to be rich?


Only me and apparently three others.
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 14, 2008, 06:35:06 pm
We should perhaps move this to the Saloon, where if you would like, I would be happy to comment further on this subject..

I think "Whatever Works" might be the wrong place however, because I don't have much good to say about the subject..{depending on who you are}

Ivan................
Title: Re: I do believe a PSW member wants to sue me.
Post by: duckhunter on October 14, 2008, 06:40:18 pm
....just like attracting flies to rotting flesh.  Ya'll are just too easy.
Title: Re: I do believe a PSW member wants to sue me.
Post by: jimlongo on October 14, 2008, 06:46:16 pm
After perusing the thread in question, I'd have to agree that your flesh is rotting.
Title: Re: I do believe a PSW member wants to sue me.
Post by: fiasco ( P.M.DuMont ) on October 14, 2008, 06:48:24 pm
John Ivan wrote on Tue, 14 October 2008 18:35

We should perhaps move this to the Saloon, where if you would like, I would be happy to comment further on this subject..

I think "Whatever Works" might be the wrong place however, because I don't have much good to say about the subject..{depending on who you are}

Ivan................



John, I only posted this here because this is where the thread originated.

As always I am interested to hear your thoughts.
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 14, 2008, 06:49:52 pm
Fiasco wrote on Tue, 14 October 2008 18:48

John Ivan wrote on Tue, 14 October 2008 18:35

We should perhaps move this to the Saloon, where if you would like, I would be happy to comment further on this subject..

I think "Whatever Works" might be the wrong place however, because I don't have much good to say about the subject..{depending on who you are}

Ivan................



John, I only posted this here because this is where the thread originated.

As always I am interested to hear your thoughts.



Oh yeah man. No Problem.. I was just thinking it would be better there and maybe a mod would see the post.. That's all..

Ivan.............
Title: Re: I do believe a PSW member wants to sue me.
Post by: Paul Cavins on October 14, 2008, 07:03:20 pm
Hey, don't leave us hanging out here. I smells me some juicy post'ns!!!



PC
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 14, 2008, 07:06:33 pm
Well, if we read through the links Fiasco provided, I think it tells us plenty.. Perhaps all we need to know..

It was an interesting exchange of both public and private posts that I thought brought the "issue?" to some resolution..

I'm wrong about a lot of things these days though. So who really knows.

Ivan..............
Title: Re: I do believe a PSW member wants to sue me.
Post by: fiasco ( P.M.DuMont ) on October 14, 2008, 07:06:48 pm
Paul Cavins wrote on Tue, 14 October 2008 19:03

Hey, don't leave us hanging out here. I smells me some juicy post'ns!!!



PC


Well I for one don't want to create a circus, but there's a monkey flingin' poo.
Title: Re: I do believe a PSW member wants to sue me.
Post by: Bill_Urick on October 14, 2008, 07:28:34 pm
dguidry wrote on Tue, 14 October 2008 18:40

....just like attracting flies to rotting flesh.  Ya'll are just too easy.


Is it possible that Dean is engaging in a hoax?
I've perpetrated a few myself, but this...
Only having read the first couple of pages of the original thread it's hard to tell.
He is an attorney.
Those guys are capable of unspeakable horrors.
Title: Re: I do believe a PSW member wants to sue me.
Post by: Barry Hufker on October 14, 2008, 07:43:08 pm
I know nothing of what is being discussed, but as to litigation, I wouldn't worry about it until it actually happens.  It is one thing to threaten to sue and another completely to take the time, trouble and cost to follow through.

Barry
Title: Re: I do believe a PSW member wants to sue me.
Post by: fiasco ( P.M.DuMont ) on October 14, 2008, 07:58:42 pm
Barry, I am not worried about it, more saddened and a little outraged.

Perhaps Bill is right, a hoax.

Either way threats are not treated lightly on my end.

Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 14, 2008, 08:02:15 pm
Barry Hufker wrote on Tue, 14 October 2008 19:43

I know nothing of what is being discussed, but as to litigation, I wouldn't worry about it until it actually happens.  It is one thing to threaten to sue and another completely to take the time, trouble and cost to follow through.

Barry



Yeah, as some of you witnessed last week{?}, I threatened to sue someone. I was on the road and had not slept much in days.. It really was conduct unbecoming an officer of RAWK!! Much to my horror, when I got home, I realized I had filed a Lawsuit against myself! It wasn't easy, but I got me to drop the case against me.. It was, well, just weird.
Title: Re: I do believe a PSW member wants to sue me.
Post by: compasspnt on October 14, 2008, 08:03:11 pm
I prefer all of this not be here at WW.

Gentlemen, and others, to the Saloon.
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 14, 2008, 08:03:45 pm
Fiasco wrote on Tue, 14 October 2008 19:58

Barry, I am not worried about it, more saddened and a little outraged.

Perhaps Bill is right, a hoax.

Either way threats are not treated lightly on my end.





No, I don't think it's a hoax.. A joke? Yes. But based on my experience the first time around. The subject in question was not kidding.

Funny? Kinda. Maybe. We'll see.
Title: Re: I do believe a PSW member wants to sue me.
Post by: McAllister on October 14, 2008, 08:21:26 pm
Terry,

While this is indeed odious, can we keep it here? The ugly side of this business has less power when it's exposed to sunlight.

Though I totally understand the desire to shunt this sort of crap to another place.

Thanks

M

Title: Re: I do believe a PSW member wants to sue me.
Post by: danickstr on October 14, 2008, 08:35:38 pm
I vote move it, just because it is not really news yet, until you get a subpoena from a marshall.  But interesting reading. I can read it in the saloon, though.   Smile
Title: Re: I do believe a PSW member wants to sue me.
Post by: Chris Ilett on October 14, 2008, 08:39:57 pm
If I ever knew the internet was available to the public, I'd never have posted those photo's of my gems.

Title: Re: I do believe a PSW member wants to sue me.
Post by: Etch-A-Sketch on October 14, 2008, 08:57:04 pm
This is very interesting...  I have a feeling it would get thrown out of court anyway... Wouldn't posting the contract in any form on a public forum violate client confidentiality?  If anything, I would expect the band to sue the poster for breech of confidentiality and malicious intent.  

Imagine if someone from a label like Jive posted the contract from one of their artist like Justin Timberlake on a forum in a similar fashion... The artist would sue the $$$ out of the poster.

This sounds like a hoax/joke.  Honestly, if the poster was taking this seriously he would contact an entertainment attorney to help draft the contract.  Being an attorney himself, he would know that working in criminal law, family law, personal injury law and insurance law DOES NOT make someone qualified to draft contracts pertaining to copyright, intellectual property and entertainment law.

Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 14, 2008, 09:38:29 pm
If this is a hoax or a joke, it's gone on for a long long time..

I had a long exchange with the potential plaintiff and made it very clear to him that he had no idea at all, about "how this is done" and he insisted on calling the bands in question "His Artists". I'm really quite sure that he was being serious at the time. If he sent Philip a notice via e-mail claiming he would name him in a law suit, then he's more of a hack than I originally thought..

He asked a group of professionals their opinion about a contract that he claimed he would be asking artists to sign. The verdict was that we all, for the most part, found it to be the most unfair thing we had ever seen. Someone, according to him, contacted some of these artists and pointed out that there was a person at PSW claiming he would be offering certain artists a contract that the professional community had dismissed as unfair and that they should be aware of this. The potential plaintiff then started to threaten me and others with a Lawsuit, or Lawsuits..

I believe this person is a Lawyer. I also believe he is an idiot and doesn't know much about entertainment Law and for the most part should be dismissed as a hack who is out to steal other peoples intellectual property..

But this is just my opinion based on what he has said publicly about his intentions. Even though he has claimed that he knew all along that he would never offer such a contract to any artist, I think he was being less than truthful about this. I think it's likely that he would have in fact offered the contract outlined in the links provided above {see Fiascos/Philips original post} and that this is a good enough reason for me to never do business with him.

I also believe it is lawful to make his public postings known to whomever one chooses.

Ivan................
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 14, 2008, 09:49:47 pm
dguidry wrote on Tue, 14 October 2008 18:40

....just like attracting flies to rotting flesh.  Ya'll are just too easy.



I'm wondering what you mean by this.. Do you mean we find typing easy? Do you call everyone "Ya'll"?

Is it sort of like what McCain said yesterday? "We've got them right where we want them"

Did you expect that we would not comment? Do you feel powerful and influential because YOU got a response?

So many questions.

Ivan...........
Title: Re: I do believe a PSW member wants to sue me.
Post by: Etch-A-Sketch on October 14, 2008, 09:57:37 pm
if he is serious, then he really isn't a very good attorney!  Turning to a forum of sound engineers for legal advice BEFORE turning to entertainment lawyers within his own Bar association in these matters is not good business practice, and honestly I wonder if that could get him disbarred.

This reminds me of the time a wealthy real estate mogul wanted to get into the music Biz.  So he hired me and a friend to produce these rappers he "found".  After six songs he handed us a production agreement, which was so "wrong" in every sense of the word, our entertainment attorney spit out his coffee laughing as he started reading it.  Apparently, this person's real estate lawyer drafted the production agreement!  Some people just don't get it...

Title: Re: I do believe a PSW member wants to sue me.
Post by: J.J. Blair on October 15, 2008, 01:56:13 am
I'm just glad that for a change, the person being threatened with a lawsuit is not me.
Title: Re: I do believe a PSW member wants to sue me.
Post by: mgod on October 15, 2008, 10:48:31 am
John Ivan wrote on Tue, 14 October 2008 17:02

Much to my horror, when I got home, I realized I had filed a Lawsuit against myself! It wasn't easy, but I got me to drop the case against me.. It was, well, just weird.

Sounds like Barry Womble.

As to this "threat", it might help to remember that the Interwebs does tend to expose people's mental issues. Of course, so do courts of "law."

DS
Title: Re: I do believe a PSW member wants to sue me.
Post by: Tom L on October 15, 2008, 12:24:12 pm
John Ivan wrote on Tue, 14 October 2008 17:02

Much to my horror, when I got home, I realized I had filed a Lawsuit against myself! It wasn't easy, but I got me to drop the case against me.. It was, well, just weird.


It must have still cost you a fortune in legal fees, unless of course you represented yourselves.
Title: Re: I do believe a PSW member wants to sue me.
Post by: Bill Mueller on October 15, 2008, 12:36:47 pm
Tom L wrote on Wed, 15 October 2008 12:24

John Ivan wrote on Tue, 14 October 2008 17:02

Much to my horror, when I got home, I realized I had filed a Lawsuit against myself! It wasn't easy, but I got me to drop the case against me.. It was, well, just weird.


It must have still cost you a fortune in legal fees, unless of course you represented yourselves.


Puleeeze!

That would be crazy! Shocked

Everyone knows you should NEVER represent yourselves in court.

Best regards,

Bill
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 15, 2008, 12:55:41 pm
Bill Mueller wrote on Wed, 15 October 2008 12:36

Tom L wrote on Wed, 15 October 2008 12:24

John Ivan wrote on Tue, 14 October 2008 17:02

Much to my horror, when I got home, I realized I had filed a Lawsuit against myself! It wasn't easy, but I got me to drop the case against me.. It was, well, just weird.


It must have still cost you a fortune in legal fees, unless of course you represented yourselves.


Puleeeze!

That would be crazy! Shocked

Everyone knows you should NEVER represent yourselves in court.

Best regards,

Bill



Yeah guys, and that's what we both said in the end..

As for the "Interwebnets". It does tend to show what's really going on on the extreme end of peoples minds. This is only true if they are not careful though. One CAN decide to not expose this.. Not that I would have any idea Confused  But I'm learning.. Cool

Ivan.............
Title: Re: I do believe a PSW member wants to sue me.
Post by: rankus on October 15, 2008, 01:45:19 pm
John Ivan wrote on Tue, 14 October 2008 18:38


I also believe it is lawful to make his public postings known to whomever one chooses.

Ivan................


CASE CLOSED - John wins

And I am ashamed of myself for once defending the plaintive publicly... I take it back. (I once appealed to everyone to stop hassling him as I thought he had learned his lesson... obviously NOT)


Title: Re: I do believe a PSW member wants to sue me.
Post by: duckhunter on October 15, 2008, 03:10:36 pm
LRS 14:47.  Defamation

Defamation is the malicious publication or expression in any manner, to anyone other than the party defamed, of anything which tends:

(1)  To expose any person to hatred, contempt, or ridicule, or to deprive him of the benefit of public confidence or social intercourse; or

(2)  To expose the memory of one deceased to hatred, contempt, or ridicule; or

(3)  To injure any person, corporation, or association of persons in his or their business or occupation.  

Whoever commits the crime of defamation shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.  

Amended by Acts 1968, No. 647,
Title: Re: I do believe a PSW member wants to sue me.
Post by: J.J. Blair on October 15, 2008, 03:37:16 pm
Good luck with that one.  Proving loss of income or damages to your reputation because of a flippant remark on the intranets is going to be a tough sell, and the lawyer fees will cost you more than you might even gain.

My mom got MRSA from a hospital.  Damn near lost her leg and cost a lot of money.  Lawyers wouldn't touch it because the case is so expensive to file, and it's really hard to prove neglect.  A lawyer will take your money and do anything you ask, but be prepared to spend tens of thousand of dollars to bring that to a court room.  

But you forgot the one problem with your case, guidry: People didn't pluck you out of thin air and start ridiculing you.  YOU ASKED FOR AN OPINION, AND YOU GOT IT.  Just because you didn't like the opinion, doesn't mean you can sue for defamation now.

Nice try.  
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 15, 2008, 03:44:07 pm
dguidry wrote on Wed, 15 October 2008 15:10

LRS 14:47.  Defamation

Defamation is the malicious publication or expression in any manner, to anyone other than the party defamed, of anything which tends:

(1)  To expose any person to hatred, contempt, or ridicule, or to deprive him of the benefit of public confidence or social intercourse; or

(2)  To expose the memory of one deceased to hatred, contempt, or ridicule; or

(3)  To injure any person, corporation, or association of persons in his or their business or occupation.  

Whoever commits the crime of defamation shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.  

Amended by Acts 1968, No. 647,
Title: Re: I do believe a PSW member wants to sue me.
Post by: ktownson on October 15, 2008, 03:45:23 pm
C'mon, Dean, that's Louisiana law, these statements were made on the internet, which means it's unlikely any court is going to let you drag someone down here to defend themselves.

Consider it a free lesson in the entertainment biz and move on. There are a lot more dangerous creatures lurking down that road.
Title: Re: I do believe a PSW member wants to sue me.
Post by: Vertigo on October 15, 2008, 03:50:15 pm
I don't know what I'd be more afraid of - being sued by this guy or a trip to his "percussion room":

http://www.suckerhead.com/junk/percussion_room.bmp

*shudder*

-Lance
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 15, 2008, 03:56:27 pm
Hey, um. Ya know.. if you hate those 57's enough to render them useless, you can ship them to me. I use them for a lot of stuff. I know some people hate them, but they seem to work for me in many cases..  Shocked  Shocked

Ivan................
Title: Re: I do believe a PSW member wants to sue me.
Post by: duckhunter on October 15, 2008, 04:00:16 pm
Vertigo wrote on Wed, 15 October 2008 14:50

I don't know what I'd be more afraid of - being sued by this guy or a trip to his "percussion room":

http://www.suckerhead.com/junk/percussion_room.bmp

*shudder*

-Lance


Much has changed since the early days.  Behind those "blankets" are 2 inch isolation panels that have since been installed permanently and in a rather more attractive fashion. The only remaining mic you see in that photo is the 57 on the snare.  Don't knock the tv...its the drummer's camera monitor to the vocal booth, control room, and live room...works like a champ with wireless cameras and split screens for everyone.
Title: Re: I do believe a PSW member wants to sue me.
Post by: fiasco ( P.M.DuMont ) on October 15, 2008, 04:00:24 pm
Defamation?

I think you would have to first prove that you in fact have any character.

As far as aiming this at me, I called you a liar because you commented that you knew this "deal" was onerous, and would have never been put on the table.

To that, I still think you are a liar.
Title: Re: I do believe a PSW member wants to sue me.
Post by: bblackwood on October 15, 2008, 04:07:22 pm
How on earth can you prove the person you are suing made those posts? As someone who doesn't ever 'logout' on my own machines, anyone with access to those machines could very easily say whatever they want and it would appear I said it...

Honestly, this whole situation is so silly I'm inclined to believe it's a hoax.

index.php/fa/10162/0/
Title: Re: I do believe a PSW member wants to sue me.
Post by: duckhunter on October 15, 2008, 04:09:38 pm
J.J. Blair wrote on Wed, 15 October 2008 14:37

Good luck with that one.  Proving loss of income or damages to your reputation because of a flippant remark on the intranets is going to be a tough sell, and the lawyer fees will cost you more than you might even gain.

My mom got MRSA from a hospital.  Damn near lost her leg and cost a lot of money.  Lawyers wouldn't touch it because the case is so expensive to file, and it's really hard to prove neglect.  A lawyer will take your money and do anything you ask, but be prepared to spend tens of thousand of dollars to bring that to a court room.  

But you forgot the one problem with your case, guidry: People didn't pluck you out of thin air and start ridiculing you.  YOU ASKED FOR AN OPINION, AND YOU GOT IT.  Just because you didn't like the opinion, doesn't mean you can sue for defamation now.

Nice try.  

I've handled many Medical Malpractice cases.  I can attest to how expensive they are.  There is an economic threshold of value for a case, below which the case is not worth the expense no matter how egregious the negligence.  I am sorry about that, but you can thank the insurance industry for that inequity.
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 15, 2008, 04:11:42 pm
Hi Ya Brad,,

I don't know man.. I go back and forth on this.. It could be a hoax. But why would someone do this?

At any rate, I'll be happy to argue the case. I will remain calm in doing so too. I promise.

Ivan...................
Title: Re: I do believe a PSW member wants to sue me.
Post by: fiasco ( P.M.DuMont ) on October 15, 2008, 04:26:31 pm
John Ivan wrote on Wed, 15 October 2008 16:11

Hi Ya Brad,,

I don't know man.. I go back and forth on this.. It could be a hoax. But why would someone do this?

At any rate, I'll be happy to argue the case. I will remain calm in doing so too. I promise.

Ivan...................


A calm Ivan is a convincing Ivan.
Title: Re: I do believe a PSW member wants to sue me.
Post by: rnicklaus on October 15, 2008, 04:37:19 pm
In the original thread there are these conflicting posts.

<<dguidry wrote on Thu, 28 February 2008 15:06

In all seriousness, this is the real deal.>>

<<dguidry wrote on Sun, 02 March 2008 12:01

I knew at its core it was onerous and it would never have been put on the table for consideration at all. >>

This would be the big hurdle in any defamation case.  Two conflicting statements by the person claiming he was defamed.  One of the statements may have been reasonably believed to be true.  The other statement, at that point, may be open to challenge on it's honesty.

Every case needs to be brought in good faith.  Filing a claim that may not be in good faith leaves an opening for attorney fees and legal costs to be recovered.
Title: Re: I do believe a PSW member wants to sue me.
Post by: duckhunter on October 15, 2008, 04:47:33 pm
rnicklaus wrote on Wed, 15 October 2008 15:37

In the original thread there are these conflicting posts.

<<dguidry wrote on Thu, 28 February 2008 15:06

In all seriousness, this is the real deal.>>

<<dguidry wrote on Sun, 02 March 2008 12:01

I knew at its core it was onerous and it would never have been put on the table for consideration at all. >>

This would be the big hurdle in any defamation case.  Two conflicting statements by the person claiming he was defamed.  One of the statements may have been reasonably believed to be true.  The other statement, at that point, may be open to challenge on it's honesty.

Every case needs to be brought in good faith.  Filing a claim that may not be in good faith leaves an opening for attorney fees and legal costs to be recovered.


Legal fees are not recoverable in Louisiana, but sometimes court costs are.

I meant: "real deal" as in no kidding I am drafting a proposed contract so help me out.  No one would infer in the context of my statements that this would be the final draft.  I even said it was only a deal memo, which by its own definition is not binding, and you would know that only if you were a lawyer.
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 15, 2008, 04:49:16 pm
rnicklaus wrote on Wed, 15 October 2008 16:37

In the original thread there are these conflicting posts.

<<dguidry wrote on Thu, 28 February 2008 15:06

In all seriousness, this is the real deal.>>

<<dguidry wrote on Sun, 02 March 2008 12:01

I knew at its core it was onerous and it would never have been put on the table for consideration at all. >>

This would be the big hurdle in any defamation case.  Two conflicting statements by the person claiming he was defamed.  One of the statements may have been reasonably believed to be true.  The other statement, at that point, may be open to challenge on it's honesty.

Every case needs to be brought in good faith.  Filing a claim that may not be in good faith leaves an opening for attorney fees and legal costs to be recovered.



Yes indeed. I saw this last night upon review. I maintain that "Good Faith" in putting forth a Defamation case is a problem even without these conflicting transmissions. I doubt very highly that a Judge would appreciate this arriving on his calender. He too, would be asking whether this is a hoax and I'll bet he would not be amused. At All. Confused

Ivan..............
Title: Re: I do believe a PSW member wants to sue me.
Post by: jimlongo on October 15, 2008, 04:49:43 pm
http://www.judgejudy.com/?#/submityourcase
Title: Re: I do believe a PSW member wants to sue me.
Post by: rnicklaus on October 15, 2008, 04:53:18 pm
You are making my point - This is not a legal forum.  A "real deal" to a non lawyer means just that.  THIS IS THE REAL DEAL.  Your words.


dguidry wrote on Wed, 15 October 2008 13:47

rnicklaus wrote on Wed, 15 October 2008 15:37

In the original thread there are these conflicting posts.

<<dguidry wrote on Thu, 28 February 2008 15:06

In all seriousness, this is the real deal.>>

<<dguidry wrote on Sun, 02 March 2008 12:01

I knew at its core it was onerous and it would never have been put on the table for consideration at all. >>

This would be the big hurdle in any defamation case.  Two conflicting statements by the person claiming he was defamed.  One of the statements may have been reasonably believed to be true.  The other statement, at that point, may be open to challenge on it's honesty.

Every case needs to be brought in good faith.  Filing a claim that may not be in good faith leaves an opening for attorney fees and legal costs to be recovered.


Legal fees are not recoverable in Louisiana, but sometimes court costs are.

I meant: "real deal" as in no kidding I am drafting a proposed contract so help me out.  No one would infer in the context of my statements that this would be the final draft.  I even said it was only a deal memo, which by its own definition is not binding, and you would know that only if you were a lawyer.

Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 15, 2008, 05:00:51 pm
dguidry wrote on Wed, 15 October 2008 16:47

rnicklaus wrote on Wed, 15 October 2008 15:37

In the original thread there are these conflicting posts.

<<dguidry wrote on Thu, 28 February 2008 15:06

In all seriousness, this is the real deal.>>

<<dguidry wrote on Sun, 02 March 2008 12:01

I knew at its core it was onerous and it would never have been put on the table for consideration at all. >>

This would be the big hurdle in any defamation case.  Two conflicting statements by the person claiming he was defamed.  One of the statements may have been reasonably believed to be true.  The other statement, at that point, may be open to challenge on it's honesty.

Every case needs to be brought in good faith.  Filing a claim that may not be in good faith leaves an opening for attorney fees and legal costs to be recovered.


Legal fees are not recoverable in Louisiana, but sometimes court costs are.

I meant: "real deal" as in no kidding I am drafting a proposed contract so help me out.  No one would infer in the context of my statements that this would be the final draft.  I even said it was only a deal memo, which by its own definition is not binding, and you would know that only if you were a lawyer.



I think it's doubtful that your language would be interpreted the way you believe it would. "In all seriousness, this is the real deal" can not mean 'Really, I need your help here'.{paraphrasing}. You would be asking the court to re-imagine how English speaking people communicate altogether.

I think "Deal" refers to the contract in question. I think "Real" at least implies that that you believe it to be complete enough to offer it. Deal Memo or otherwise, I think the intent of the language used is quite clear.

I'm not a Lawyer and I know that a deal memo is not binding, {in most cases. But use caution, as it's been pointed out by people who know LOTS more than me, deal memos have turned into nasty contracts over night. It happens}.

Ivan.......................
Title: Re: I do believe a PSW member wants to sue me.
Post by: duckhunter on October 15, 2008, 05:35:17 pm
Ivan...or John as some might know you, how are Mr. Mitchum and Mr.Bower?  I trust they are doing well?

How would you like it if I lied to the venue managers and promoters where Rare Earth plays and told them the guitar player was a drug addict and a thief?  That's no different than telling my artists I am a thief and disreputable lawyer. I have never had a complaint filed against me with the bar in over 25 year of practice...a rarity for an attorney.  I don't think you contacted my artists, but you incited others to do so and that was ethically wrong.
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 15, 2008, 06:03:54 pm
dguidry wrote on Wed, 15 October 2008 17:35

Ivan...or John as some might know you, how are Mr. Mitchum and Mr.Bower?  I trust they are doing well?

How would you like it if I lied to the venue managers and promoters where Rare Earth plays and told them the guitar player was a drug addict and a thief?  That's no different than telling my artists I am a thief and disreputable lawyer. I have never had a complaint filed against me with the bar in over 25 year of practice...a rarity for an attorney.  I don't think you contacted my artists, but you incited others to do so and that was ethically wrong.



My Full Name is : John Ivan Greilick. My Mom started the Ivan bit years ago, then we started a band called "The Trouble With Johnny" and so Johnny stuck for a while. Then, in 1990{?} {God, I'm getting old}, we went to L.A. And rehearsed a Band named "Filth Eater", a nod to some Aztec Goddess that consumes your sins before you die? I guess? and we Rehearsed at "Audible" in Burbank for months on end it seemed, while we played the strip at night. Crazy days. It was lots of fun, I guess. Anyway, that's when I zipped all the hair off my head and the name Ivan was back for good.. Some people just call me HEY!

Um, I don't know who Mitchum and Bower are off the top of my head. I take it we played a show where these guys are promoters? Or Agents? I don't know..

What I do know though is that I never told anyone you were a thief or a disreputable Lawyer. Never. I am willing to state here and now though, that I seriously question your judgment based only upon what I've read here in this public Forum.

Now, I don't understand what you are all up in arms about. I've been asking you this question for quite some time now. If your reputation as a Layer,a Producer, an Engineer or what ever you fancy yourself as these days is so fragile that you can't bare hearing apposing opinions based on what YOU write, then I don't know what to tell you. You came here looking for answers. You got them. You don't like them. Someone in Law School has you convinced that this is grounds for suing people.

I haven't done anything to you. The idea that I "Incited" anyone to do anything is laughable. I have no problems sleeping at night. I have given my opinion at your request. You know this. You just don't like what I said, that's all. And that's fine.

If you feel that your reputation has been damaged somehow, I would suggest you take a very serious look at how and why this happened. You came here and outlined the most unethical deal anyone here has ever seen, and then back pedaled on whether or not you were being serious. The fact that people might have pointed this out to the rest of the world is something you should not be crying about.

What did you think would happen?

Ivan..................
Title: Re: I do believe a PSW member wants to sue me.
Post by: rankus on October 15, 2008, 06:04:19 pm
John Ivan wrote on Wed, 15 October 2008 14:00

 a deal memo is not binding, {in most cases. But use caution, as it's been pointed out by people who know LOTS more than me, deal memos have turned into nasty contracts over night. It happens}.

Ivan.......................


Worth repeating. Use caution. Memos can be binding depending on the wording. Any "napkin note" implying intent is a contract.


Title: Re: I do believe a PSW member wants to sue me.
Post by: rnicklaus on October 15, 2008, 06:08:56 pm
dguidry wrote on Wed, 15 October 2008 14:35

Ivan...or John as some might know you, how are Mr. Mitchum and Mr.Bower?  I trust they are doing well?

How would you like it if I lied to the venue managers and promoters where Rare Earth plays and told them the guitar player was a drug addict and a thief?  That's no different than telling my artists I am a thief and disreputable lawyer. I have never had a complaint filed against me with the bar in over 25 year of practice...a rarity for an attorney.  I don't think you contacted my artists, but you incited others to do so and that was ethically wrong.


Shocked
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 15, 2008, 06:10:24 pm
rnicklaus wrote on Wed, 15 October 2008 18:08

dguidry wrote on Wed, 15 October 2008 14:35

Ivan...or John as some might know you, how are Mr. Mitchum and Mr.Bower?  I trust they are doing well?

How would you like it if I lied to the venue managers and promoters where Rare Earth plays and told them the guitar player was a drug addict and a thief?  That's no different than telling my artists I am a thief and disreputable lawyer. I have never had a complaint filed against me with the bar in over 25 year of practice...a rarity for an attorney.  I don't think you contacted my artists, but you incited others to do so and that was ethically wrong.


Shocked

Yeah, it's cute stuff. I don't get it. Laughing

Ivan................. Laughing  Laughing
Title: Re: I do believe a PSW member wants to sue me.
Post by: RSettee on October 15, 2008, 07:51:38 pm
Bill Mueller wrote on Wed, 15 October 2008 11:36

Tom L wrote on Wed, 15 October 2008 12:24

John Ivan wrote on Tue, 14 October 2008 17:02

Much to my horror, when I got home, I realized I had filed a Lawsuit against myself! It wasn't easy, but I got me to drop the case against me.. It was, well, just weird.


It must have still cost you a fortune in legal fees, unless of course you represented yourselves.


Puleeeze!

That would be crazy! Shocked

Everyone knows you should NEVER represent yourselves in court.

Best regards,

Bill


I'd find a "self production" vs "self lawyering" debate mighty funny about now.....should you produce yourself? Should you represent yourself in court? Bwahahhaaaa...
Title: Re: I do believe a PSW member wants to sue me.
Post by: RSettee on October 15, 2008, 07:53:55 pm
http://www.roflcat.com/images/cats/270911970_db35fdd4ca.jpg
Title: Re: I do believe a PSW member wants to sue me.
Post by: Hallams on October 15, 2008, 08:31:47 pm
dguidry wrote on Thu, 16 October 2008 08:35

Ivan...or John as some might know you, how are Mr. Mitchum and Mr.Bower?  I trust they are doing well?

How would you like it if I lied to the venue managers and promoters where Rare Earth plays and told them the guitar player was a drug addict and a thief?  That's no different than telling my artists I am a thief and disreputable lawyer. I have never had a complaint filed against me with the bar in over 25 year of practice...a rarity for an attorney.  I don't think you contacted my artists, but you incited others to do so and that was ethically wrong.


None of my business all of this stuff ( exept i don't like to see this small net community pulled down to the muddy level of the rule of law) ...... but from sitting back here on the other side of the Pacific, this threat of litigation resulting from what has developed on this thread, is the personification of a cultural malaise that has diminished the quality of life and interpersonal relationships in the good ol USA.
  My gut response is to declare "shame on you" Mr dguidry, but i'm really not into shaming anyone. Im much more inclined to ask you to read the signature at the bottom of Ross Hogarths posts and put it into practice when you grace this forum with your presence.
If you tried to pull a stunt like this , on this side of the Pacific ...... we would tell you to piss off and get a life.
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 15, 2008, 08:32:36 pm
RSettee wrote on Wed, 15 October 2008 19:53

http://www.roflcat.com/images/cats/270911970_db35fdd4ca.jpg

Laughing  Laughing  Laughing  Laughing  Laughing

Man, there's something about this cats look! My man aint playin' no GAMES!  Jeez, he/she? is one serious cat!

Ivan.........................
Title: Re: I do believe a PSW member wants to sue me.
Post by: RSettee on October 15, 2008, 09:24:51 pm
John Ivan wrote on Wed, 15 October 2008 19:32

RSettee wrote on Wed, 15 October 2008 19:53

http://www.roflcat.com/images/cats/270911970_db35fdd4ca.jpg

Laughing  Laughing  Laughing  Laughing  Laughing

Man, there's something about this cats look! My man aint playin' no GAMES!  Jeez, he/she? is one serious cat!

Ivan.........................


Heh, yeah, "serious cat" is a bit of a legend with onliners. The "Lolcats" series is pretty funny, too.

Someone did an election poster photoshop thing of serious cat's face over Obama's....i'll see if I can find it, I laughed continuously for about a minute and a half.

Edit: found this one instead--i'm still laughing!

http://i58.photobucket.com/albums/g262/lordofcrayons/NuggetsCat.jpg
Title: Re: I do believe a PSW member wants to sue me.
Post by: maxim on October 15, 2008, 09:41:51 pm
i hope i don't get sued for this but i'm starting to think that dean guidry is just an 11 yr old boy pulling our collective legs (if it's not his chronological age, then it's definitely his mental age)

as evidence, i present an email i found in my myspace inbox:



"myspace.com/studio89rocks
Date: 26 Apr 2008, 02:28 AM

Subject: Your music sucks

Body: Just an honest opinion. You cannot sing or play guitar. You have no future. End the inner torment now before its too late.

The SWAMPDOCTORS"



whilst you and i might agree with his assessment, you must accept that it's a very CHILDISH outburst

i'm talking about DEAN GUIDRY and the SWAMPDOCTORS

who?

DEAN GUIDRY and the SWAMPDOCTORS

google them...

Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 15, 2008, 09:53:39 pm
maxim wrote on Wed, 15 October 2008 21:41

i hope i don't get sued for this but i'm starting to think that dean guidry is just an 11 yr old boy pulling our collective legs (if it's not his chronological age, then it's definitely his mental age)

as evidence, i present an email i found in my myspace inbox:



"myspace.com/studio89rocks
Date: 26 Apr 2008, 02:28 AM

Subject: Your music sucks

Body: Just an honest opinion. You cannot sing or play guitar. You have no future. End the inner torment now before its too late.

The SWAMPDOCTORS"



whilst you and i might agree with his assessment, you must accept that it's a very CHILDISH outburst

i'm talking about DEAN GUIDRY and the SWAMPDOCTORS

who?

DEAN GUIDRY and the SWAMPDOCTORS

google them...





Nice! On top of all this other none sense,here we have a guy who can't dig "Inner City Tango".. Poor guy.. I think that your tunes are quite interesting Maxim. There is a strange and mysterious vibe about your stuff that I dig a lot.. You play guitar just fine and you have your VERY OWN singing style..

Ivan................
Title: Re: I do believe a PSW member wants to sue me.
Post by: jetbase on October 15, 2008, 10:07:54 pm
maxim wrote on Thu, 16 October 2008 12:41

whilst you and i might agree with his assessment...



I for one don't agree with this assessment & think your music shows talent & tells a story. To send you an e-mail like that is an extremely narrow minded & mean spirited act.
Title: Re: I do believe a PSW member wants to sue me.
Post by: maxim on October 15, 2008, 10:10:28 pm
thanks, ivan and glenn

you're far too kind

fortunately for me, my ego can withstand the childish outbursts from DEAN GUIDRY AND THE SWAMPDOCTORS without too much trouble...
Title: Re: I do believe a PSW member wants to sue me.
Post by: RSettee on October 15, 2008, 10:13:06 pm
maxim wrote on Wed, 15 October 2008 20:41

i hope i don't get sued for this but i'm starting to think that dean guidry is just an 11 yr old boy pulling our collective legs (if it's not his chronological age, then it's definitely his mental age)

as evidence, i present an email i found in my myspace inbox:



"myspace.com/studio89rocks
Date: 26 Apr 2008, 02:28 AM

Subject: Your music sucks

Body: Just an honest opinion. You cannot sing or play guitar. You have no future. End the inner torment now before its too late.

The SWAMPDOCTORS"



whilst you and i might agree with his assessment, you must accept that it's a very CHILDISH outburst

i'm talking about DEAN GUIDRY and the SWAMPDOCTORS

who?

DEAN GUIDRY and the SWAMPDOCTORS

google them...




What prompted this response from him? Did you send him anything, or was it just out of the blue?
Title: Re: I do believe a PSW member wants to sue me.
Post by: maxim on October 15, 2008, 11:05:48 pm
i'd say it was in response to the thread in question

i was one of the people who called DEAN GUIDRY out on his UNFAIR deal...
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 15, 2008, 11:11:36 pm
maxim wrote on Wed, 15 October 2008 23:05

i'd say it was in response to the thread in question

i was one of the people who called DEAN GUIDRY out on his UNFAIR deal...


Well, you,, you,, BAD BAD Boy you,, you SUCK!! Give up your music. Don't you know a smokin' "record Deal" when you see one?  Surprised

{sorry, I'm just being stupid now}

Ivan.........
Title: Re: I do believe a PSW member wants to sue me.
Post by: don kerce on October 15, 2008, 11:37:29 pm

"myspace.com/studio89rocks
Date: 26 Apr 2008, 02:28 AM

Subject: Your music sucks

Body: Just an honest opinion. You cannot sing or play guitar. You have no future. End the inner torment now before its too late.

The SWAMPDOCTORS"




Sorry, got here a bit late for the party.
Are DEAN GUIDRY and the SWAMPDOCTORS
critics for The New York Times or Downbeat?
It's tough to tell the players without a scorecard.

d
Title: Re: I do believe a PSW member wants to sue me.
Post by: RSettee on October 15, 2008, 11:58:59 pm
maxim wrote on Wed, 15 October 2008 22:05

i'd say it was in response to the thread in question

i was one of the people who called DEAN GUIDRY out on his UNFAIR deal...


That's crappy. So the in thing to do is MySpace someone about how they don't like their music? Lame. What's next? A bathroom wall with "sucks" spelled "sux"?
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 16, 2008, 12:10:55 am
don kerce wrote on Wed, 15 October 2008 23:37


"myspace.com/studio89rocks
Date: 26 Apr 2008, 02:28 AM

Subject: Your music sucks

Body: Just an honest opinion. You cannot sing or play guitar. You have no future. End the inner torment now before its too late.

The SWAMPDOCTORS"




Sorry, got here a bit late for the party.
Are DEAN GUIDRY and the SWAMPDOCTORS
critics for The New York Times or Downbeat?
It's tough to tell the players without a scorecard.

d



No No, they're critics for

OK


http://www.okmagazine.com/home/

Ivan...................
Title: Re: I do believe a PSW member wants to sue me.
Post by: rnicklaus on October 16, 2008, 12:36:26 am
I am suing you for the punitive damages you are giving me - Jerky Boys
Title: Re: I do believe a PSW member wants to sue me.
Post by: ScotcH on October 16, 2008, 12:06:42 pm
maxim wrote on Wed, 15 October 2008 21:41

DEAN GUIDRY and the SWAMPDOCTORS

google them...



Brilliant!  Quoted for EmphASSis Smile

ps: DEAN GUIDRY and the SWAMPDOCTORS
Title: Re: I do believe a PSW member wants to sue me.
Post by: duckhunter on October 16, 2008, 12:21:01 pm
Because the nexus of the facts and damages occurred in Louisiana, and that the plaintiff resides there, as well,  any conflict of laws issue would favor application of Louisiana Law and Louisiana state courts would have jurisdiction.  The threshold  for damages for removal to federal court would not be met in a diversity situation, i.e. defendant resides in another state or country.  And since we are only talking small damages, notice and service of process could occur simply by mail.  So its real easy to do.
Title: Re: I do believe a PSW member wants to sue me.
Post by: rnicklaus on October 16, 2008, 01:27:59 pm
Now, if you only had a case behind the threats....

dguidry wrote on Thu, 16 October 2008 09:21

Because the nexus of the facts and damages occurred in Louisiana, and that the plaintiff resides there, as well,  any conflict of laws issue would favor application of Louisiana Law and Louisiana state courts would have jurisdiction.  The threshold  for damages for removal to federal court would not be met in a diversity situation, i.e. defendant resides in another state or country.  And since we are only talking small damages, notice and service of process could occur simply by mail.  So its real easy to do.

Title: Re: I do believe a PSW member wants to sue me.
Post by: mgod on October 16, 2008, 01:40:58 pm
rnicklaus wrote on Thu, 16 October 2008 10:27

Now, if you only had a case behind the threats....

dguidry wrote on Thu, 16 October 2008 09:21

Because the nexus of the facts and damages occurred in Louisiana, and that the plaintiff resides there, as well,  any conflict of laws issue would favor application of Louisiana Law and Louisiana state courts would have jurisdiction.  The threshold  for damages for removal to federal court would not be met in a diversity situation, i.e. defendant resides in another state or country.  And since we are only talking small damages, notice and service of process could occur simply by mail.  So its real easy to do.



Dean, you've unequivocally accused John here of inciting others to do something and you have no proof. I believe this meets the definition of defamation.

Would you like to just send him a check now and save time on the legal proceedings? John, how much do you think Dean owes you for defaming your character in a public forum like this? That sort of damage would be worth A LOT to me. Certainly as much as an amateur studio is worth.

Do we really believe this guy (or 11-year-old kid) is a lawyer? Wouldn't a lawyer know better?

DS
Title: Re: I do believe a PSW member wants to sue me.
Post by: rankus on October 16, 2008, 01:50:27 pm
jetbase wrote on Wed, 15 October 2008 19:07

maxim wrote on Thu, 16 October 2008 12:41

whilst you and i might agree with his assessment...



I for one don't agree with this assessment & think your music shows talent & tells a story. To send you an e-mail like that is an extremely narrow minded & mean spirited act.



+1 ....

PS: Isn't it banning time yet?


 
Title: Re: I do believe a PSW member wants to sue me.
Post by: fiasco ( P.M.DuMont ) on October 16, 2008, 01:51:13 pm
Gosh Dean, I hope you don't go forgetting about me. And leave poor John alone, he is obviously defenseless.

From your email sent to me:

"I have narrowed down the possible culprits who contacted my prospective production deal artists and interfered with our contract negotiations, to you and three others..."

I would love to know how you figured this one out.
Title: Re: I do believe a PSW member wants to sue me.
Post by: duckhunter on October 16, 2008, 02:07:56 pm
Fiasco wrote on Thu, 16 October 2008 12:51

Gosh Dean, I hope you don't go forgetting about me. And leave poor John alone, he is obviously defenseless.

From your email sent to me:

"I have narrowed down the possible culprits who contacted my prospective production deal artists and interfered with our contract negotiations, to you and three others..."

I would love to know how you figured this one out.

....motive, context and inference.
Title: Re: I do believe a PSW member wants to sue me.
Post by: bblackwood on October 16, 2008, 02:12:22 pm
Fiasco wrote on Thu, 16 October 2008 12:51

Gosh Dean, I hope you don't go forgetting about me. And leave poor John alone, he is obviously defenseless.

From your email sent to me:

"I have narrowed down the possible culprits who contacted my prospective production deal artists and interfered with our contract negotiations, to you and three others..."

I would love to know how you figured this one out.

I find it disturbing that anyone from this forum is sending threatening emails to other members of the board.

Dean, you're on notice. You need to chill out. Do whatever you wish to do, but stop threatening the members here or you're gone.
Title: Re: I do believe a PSW member wants to sue me.
Post by: fiasco ( P.M.DuMont ) on October 16, 2008, 02:23:19 pm
dguidry wrote on Thu, 16 October 2008 14:07

Fiasco wrote on Thu, 16 October 2008 12:51

Gosh Dean, I hope you don't go forgetting about me. And leave poor John alone, he is obviously defenseless.

From your email sent to me:

"I have narrowed down the possible culprits who contacted my prospective production deal artists and interfered with our contract negotiations, to you and three others..."

I would love to know how you figured this one out.

....motive, context and inference.


Laughable...














... and incorrect. Move on.
Title: Re: I do believe a PSW member wants to sue me.
Post by: rnicklaus on October 16, 2008, 02:23:46 pm
dguidry wrote on Thu, 16 October 2008 11:07


....motive, context and inference.


Things that you allege.

I'll go with Proof for 500, Alex.
Title: Re: I do believe a PSW member wants to sue me.
Post by: mgod on October 16, 2008, 02:25:19 pm
rnicklaus wrote on Thu, 16 October 2008 11:23

dguidry wrote on Thu, 16 October 2008 11:07

....motive, context and inference.
Things that you allege.

I'll go with Proof for 500, Alex.

Otherwise its defamation.

DS
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 16, 2008, 02:30:27 pm
dguidry wrote on Thu, 16 October 2008 12:21

Because the nexus of the facts and damages occurred in Louisiana, and that the plaintiff resides there, as well,  any conflict of laws issue would favor application of Louisiana Law and Louisiana state courts would have jurisdiction.  The threshold  for damages for removal to federal court would not be met in a diversity situation, i.e. defendant resides in another state or country.  And since we are only talking small damages, notice and service of process could occur simply by mail.  So its real easy to do.


Well, then, you should go right ahead and file then.. Because if I wanted to, based on your ridicules threshold, I could counter sue you.. My suit would in fact meet the diversity jurisdiction requirements as the amount would FAR exceed $75,000. I'm just not stupid enough to sue someone over something so meaningless.

Sir, you need to understand some things..

A{ I am the God of hell fire! {ok, not really but I'm trying to scare you}

B{You are a mean person because you said someones music sucked.

C{ I'm a mean person too now, and I think your everything sucks.

D{Republicans are finished for a while and this makes me happy

E{Only certain types of coffee beans work for very strong coffee

F{It can be hard to REALLY tell when a Banana is truly ready to eat

G{Based on the photographic evidence, you should stay away from recording Drum kits.

Go in peace with this wisdom my son.. "Rockin' and a rollin', is only howling at the moon."-Steve Walsh

Ivan..............
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 16, 2008, 02:31:50 pm
Fiasco wrote on Thu, 16 October 2008 13:51

Gosh Dean, I hope you don't go forgetting about me. And leave poor John alone, he is obviously defenseless.

From your email sent to me:

"I have narrowed down the possible culprits who contacted my prospective production deal artists and interfered with our contract negotiations, to you and three others..."

I would love to know how you figured this one out.


Um, ah,, YREAH!! What about this bastard here? He did it! He did it!! I'm telling MMMMOOOOMM!!

sorry,

Ivan............
Title: Re: I do believe a PSW member wants to sue me.
Post by: Vertigo on October 16, 2008, 02:40:24 pm
Quote:

Much has changed since the early days. Behind those "blankets" are 2 inch isolation panels that have since been installed permanently and in a rather more attractive fashion. The only remaining mic you see in that photo is the 57 on the snare. Don't knock the tv...its the drummer's camera monitor to the vocal booth, control room, and live room...works like a champ with wireless cameras and split screens for everyone.


Sorry Dean, I shouldn't have ragged on your drum room. That was snarky of me and I do apologize. But to be honest; the TV, the packing blankets, the milk crates, and the sm57's are NOT the immediate problems I see with that setup...

And as long as I'm being honest, I think your productions sound amateurish and poor. Your vocals in particular sound like they were recorded through a boom box from 5 feet away. Good job on the guitars though, which makes me wonder if the person who did those recordings was a guitarist himself.

I also think you'd probably find far more profit from developing your production skills than filing frivolous lawsuits against random strangers on the internet. And the fact that you're pursuing this now, 7 months after the issue in question is just bizarre. Are you related to Jack Ortman? I swear you could be his brother.

-Lance
Title: Re: I do believe a PSW member wants to sue me.
Post by: fiasco ( P.M.DuMont ) on October 16, 2008, 02:42:27 pm
Dean



index.php/fa/10169/0/
Title: Re: I do believe a PSW member wants to sue me.
Post by: duckhunter on October 16, 2008, 02:42:45 pm
Ivan, I really think we'd get along....for a while, until our egos got in the way.
Title: Re: I do believe a PSW member wants to sue me.
Post by: duckhunter on October 16, 2008, 03:02:13 pm
Vertigo wrote on Thu, 16 October 2008 13:40

Quote:

Much has changed since the early days. Behind those "blankets" are 2 inch isolation panels that have since been installed permanently and in a rather more attractive fashion. The only remaining mic you see in that photo is the 57 on the snare. Don't knock the tv...its the drummer's camera monitor to the vocal booth, control room, and live room...works like a champ with wireless cameras and split screens for everyone.


Sorry Dean, I shouldn't have ragged on your drum room. That was snarky of me and I do apologize. But to be honest; the TV, the packing blankets, the milk crates, and the sm57's are NOT the immediate problems I see with that setup...

And as long as I'm being honest, I think your productions sound amateurish and poor. Your vocals in particular sound like they were recorded through a boom box from 5 feet away. Good job on the guitars though, which makes me wonder if the person who did those recordings was a guitarist himself.

I also think you'd probably find far more profit from developing your production skills than filing frivolous lawsuits against random strangers on the internet. And the fact that you're pursuing this now, 7 months after the issue in question is just bizarre. Are you related to Jack Ortman? I swear you could be his brother.

-Lance

On some of the productions, particularly with vox, I struggle with the convolution IR1 reverb settings, and on occasion I too think the result is a bit boxy sounding.  Parallel compression phasing where I was lazy about latency compensation may have also contributed.  On the song "I Was a Fool" by Sugarhouse, that production sounded at least as good as the Tab Benoit album's production, at which I was aiming,  and maybe better.  All in all, I think I do pretty darn good for a part timer who probably knows more theory on recording than the average full time engineer than practical knowledge.  And given the simplicity and constrictions of our facility set up, no one could do better.
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 16, 2008, 03:11:49 pm
dguidry wrote on Thu, 16 October 2008 15:02


On some of the productions, particularly with vox, I struggle with the convolution IR1 reverb settings, and on occasion I too think the result is a bit boxy sounding.  Parallel compression phasing where I was lazy about latency compensation may have also contributed.  On the song "I Was a Fool" by Sugarhouse, that production sounded at least as good as the Tab Benoit album's production, at which I was aiming,  and maybe better.  All in all, I think I do pretty darn good for a part timer who probably knows more theory on recording than the average full time engineer than practical knowledge.  And given the simplicity and constrictions of our facility set up, no one could do better.



Oh,, there are many cats here who could come to your room and make national level recordings.. It would be a pain in the ass but it could be done ..For instance. If my side trio came in there and we did everything, and you guys left us alone for a day, you would not believe it came out of your room.. There. I said it.. You wouldn't believe it.

The gear you use is really the least of your worries.. Nice gear can make a big difference but only if the other things that make a recording great are in place to begin with..This explains why there are a bunch of recordings made on 1/2" 16 track and old chipped consoles with a bunch of 57's and PZM's that sound better than everything you have ever done..

They call it skill and talent. Hey, it's not my fault. It's just true.

Ivan..............
Title: Re: I do believe a PSW member wants to sue me.
Post by: ssltech on October 16, 2008, 03:19:01 pm
The gear is just a pile of tools.

To that extent it's like a set of high-quality wrenches and socket-set... -The best wrenches in the world won't EVER make a good or a bad job fixing your car; -it's the MECHANIC who determines the quality of the job, -NOT the tools. -In the same way, it's the RECORDISTS (engineer/producer) who determine the standard of the work more so than the gear.

Of course good mechanics adore lovely tools, but it really does more to make the task of doing the job more enjoyable, than making the job itself good or bad.

At this point the oft-quoted chestnut that Sgt. Pepper was done on a 4-track is usually dragged out.

Keith
Title: Re: I do believe a PSW member wants to sue me.
Post by: duckhunter on October 16, 2008, 03:40:40 pm
John Ivan wrote on Thu, 16 October 2008 14:11

dguidry wrote on Thu, 16 October 2008 15:02


On some of the productions, particularly with vox, I struggle with the convolution IR1 reverb settings, and on occasion I too think the result is a bit boxy sounding.  Parallel compression phasing where I was lazy about latency compensation may have also contributed.  On the song "I Was a Fool" by Sugarhouse, that production sounded at least as good as the Tab Benoit album's production, at which I was aiming,  and maybe better.  All in all, I think I do pretty darn good for a part timer who probably knows more theory on recording than the average full time engineer than practical knowledge.  And given the simplicity and constrictions of our facility set up, no one could do better.



Oh,, there are many cats here who could come to your room and make national level recordings.. It would be a pain in the ass but it could be done ..For instance. If my side trio came in there and we did everything, and you guys left us alone for a day, you would not believe it came out of your room.. There. I said it.. You wouldn't believe it.

The gear you use is really the least of your worries.. Nice gear can make a big difference but only if the other things that make a recording great are in place to begin with..This explains why there are a bunch of recordings made on 1/2" 16 track and old chipped consoles with a bunch of 57's and PZM's that sound better than everything you have ever done..

They call it skill and talent. Hey, it's not my fault. It's just true.

Ivan..............

Give me great singers and great players and a great producer, I will produce a very good product. Put me in a great studio with the same core individuals, I bet you'd all be happy with the product.
Title: Re: I do believe a PSW member wants to sue me.
Post by: Devin Knutson on October 16, 2008, 05:36:38 pm
dguidry wrote on Thu, 16 October 2008 12:40


Give me great singers and great players and a great producer, I will produce a very good product.


er...  wouldn't that make YOU the producer?

So...   you're blaming your results on your singers, your players...  and yourself?

You really do seem to be suffering under more than a few fundamental misconceptions...  and not just about the ethical practice of law.
Title: Re: I do believe a PSW member wants to sue me.
Post by: Barry Hufker on October 16, 2008, 06:24:44 pm
"Give me great singers and great players and a great producer, I will produce a very good product. Put me in a great studio with the same core individuals, I bet you'd all be happy with the product."

With all that you'd better make a *great* product and not just a good one.  There are many who can make a great product with less.

Me?  I'm just innocently piling on.  But it's still true (for anyone).




Title: Re: I do believe a PSW member wants to sue me.
Post by: mgod on October 16, 2008, 06:41:08 pm
dguidry wrote on Thu, 16 October 2008 12:40

Give me great singers and great players and a great producer, I will produce a very good product. Put me in a great studio with the same core individuals, I bet you'd all be happy with the product.
I vote this guy off the island. He needs a little more living to be able to make a contribution here - even in the Saloon.

Threats require apologies and contrition. None to be seen. With all due respect Dean - which is none - the problem with you and Ivan in a studio wouldn't be both your egos. And it wouldn't be his.

DS
Title: Re: I do believe a PSW member wants to sue me.
Post by: Bill_Urick on October 16, 2008, 06:46:50 pm
This is the most amusing thread...

I was once threatened with a lawsuit by a woman named Sue.

Isn't that ironic?

But seriously, don't C1000's make great overheads?
You guys are just being mean.
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 16, 2008, 07:02:01 pm
Bill_Urick wrote on Thu, 16 October 2008 18:46

This is the most amusing thread...

I was once threatened with a lawsuit by a woman named Sue.

Isn't that ironic?

But seriously, don't C1000's make great overheads?
You guys are just being mean.


Yeah, now I'm just being silly and Bragin' up the rhythm section in my trio Surprised .. I don't see why they put with me Shocked

I just could not seem to make the 1000's work.. I did a Rap guy with a 3000 though, and it hurt perfectly! It was crazy aggressive and abusive sounding..

Ivan......................
Title: Re: I do believe a PSW member wants to sue me.
Post by: Bill_Urick on October 16, 2008, 07:33:53 pm
John Ivan wrote on Thu, 16 October 2008 19:02

Bill_Urick wrote on Thu, 16 October 2008 18:46

This is the most amusing thread...

I was once threatened with a lawsuit by a woman named Sue.

Isn't that ironic?

But seriously, don't C1000's make great overheads?
You guys are just being mean.


Yeah, now I'm just being silly and Bragin' up the rhythm section in my trio Surprised .. I don't see why they put with me Shocked

I just could not seem to make the 1000's work.. I did a Rap guy with a 3000 though, and it hurt perfectly! It was crazy aggressive and abusive sounding..

Ivan......................


I did have some C1000's for a bit. Thought about keeping them to have something to blame my poor drum tracking on. After some thought it seemed wiser to get better mics and take the blame myself.

I previously posited that this was a hoax.

I now feel that what we have here is a classic inability to self-evaluate, coupled with a bad case of ifimentionimalawertheyllbeintimidated syndrome.

Just a theory, and subject to future reevaluation.
Title: Re: I do believe a PSW member wants to sue me.
Post by: Bill Mueller on October 16, 2008, 08:10:14 pm
Hello Dean,

Can I ask what you are attempting to do here?

I looked at your list of posts and it appears that on February 28th, 2008 you publicly posted your "for real" contract with no encouragement from anyone else, and asked for comments from the Whatever Works forum members. You then took issue with the answers you received. The thread started here

http://recforums.prosoundweb.com/index.php/m/319958/1339/#ms g_319958

and I have to say that I still get a kick out of reading it! Especially clause 13. That one just cracks me up!

Anyway, on Sunday March 2nd, 2008 you entered your last post on that thread and later in the day Ross shut it down, if I'm not mistaken.

What I'm intrigued by, is the fact that just four hours and ten minutes later, you posted the following on another WW thread.

Quote:

The idea of making money at music is dying, but the art is flourishing. The money is consolidating into the likes of Itunes, etc.

I had a discussion about this yesterday. The future of music is the subscription service and every band or artist will have an XM channel and share in the subscriptions. I predict there will be thousands of XM stations, some dedicated to one artist or band. My wife jogs with a portable XM receiver on which she can download anything she has heard and later play it again at her leisure. The studios of the future will be dedicated to uploading music onto XM channels. And to think 25 years ago I had the opportunity to be a venture owner of a gps satellite and turned it down.


This is certainly NOT the post of someone who believes they have been mortally wounded by the members of this forum. It appears for all the world that you have just rejoined the rank and file in a civil and potentially informative way.

Then EIGHT MONTHS later you take up your sward and start slashing at the same people you have just been living with. Very curious.

Did you just have a slow day? Maybe a fight with the missus? In any case, you're needlessly attacking good folks, (Max is a medical doctor) and making a pariah out of your name. You were accepted back in once before, and I imagine if you cut the crap, you would be accepted (it might take a bit longer this time) again. Now I bet you tell me that being accepted is not important to you. However we both know that it actually is.

Important.

Best regards,

Bill
Title: Re: I do believe a PSW member wants to sue me.
Post by: J.J. Blair on October 17, 2008, 01:32:34 am
dguidry wrote on Wed, 15 October 2008 13:00

Vertigo wrote on Wed, 15 October 2008 14:50

I don't know what I'd be more afraid of - being sued by this guy or a trip to his "percussion room":

http://www.suckerhead.com/junk/percussion_room.bmp

*shudder*

-Lance


Much has changed since the early days.  Behind those "blankets" are 2 inch isolation panels that have since been installed permanently and in a rather more attractive fashion. The only remaining mic you see in that photo is the 57 on the snare.  Don't knock the tv...its the drummer's camera monitor to the vocal booth, control room, and live room...works like a champ with wireless cameras and split screens for everyone.


Actually, it's the Aquarian head on the kick and that huge fucking pillow that bothers me more than the mics.  Who cares what mics you use.  I can only imagine how awful that sounds.  
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 17, 2008, 01:36:46 am
Hi JJ,

For me, it wasn't the mics but the strange foam 'thingies' on them.. Yeah, the pillow would have to go..

Ya know, Dean, for a price, I'll fly in and get you a drum sound.. Surprised  

Ivan.......................
Title: Re: I do believe a PSW member wants to sue me.
Post by: J.J. Blair on October 17, 2008, 01:42:28 am
John, as somebody who takes pride in his ability to tune a drum, there's nothing I hate more than the sound of those Aquarian kick drum heads.  It's like riding a bike with training wheels.  Any moron can use it, but the ride is going to suck.  
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 17, 2008, 02:04:45 am
J.J. Blair wrote on Fri, 17 October 2008 01:42

John, as somebody who takes pride in his ability to tune a drum, there's nothing I hate more than the sound of those Aquarian kick drum heads.  It's like riding a bike with training wheels.  Any moron can use it, but the ride is going to suck.  



You and I have something in common. I have worked hard on tuning drums for years and it has paid off.

I like a Power stroke 3 for some sounds, and I still like coated Emperors with or without an impact pad. depending on the tune/band. I generally don't like anything in the drum, I like both heads on for most sounds, with a hole. {without a hole can be a great sound too.},

HA! We could talk about this for ever Cool  It's a blast. I love drums.

Ivan............
Title: Re: I do believe a PSW member wants to sue me.
Post by: maxim on October 17, 2008, 05:40:35 am
"Now I bet you tell me that being accepted is not important to you. However we both know that it actually is.

Important."

bill, you know it (and i know it), but i'm not sure that dean is self-aware enough quite yet ....
Title: Re: I do believe a PSW member wants to sue me.
Post by: Kris on October 17, 2008, 09:47:42 am
Can I say that I hate lawyers without getting sued? Twisted Evil
Title: Re: I do believe a PSW member wants to sue me.
Post by: Steve Hudson on October 17, 2008, 10:58:13 am
Kris wrote on Fri, 17 October 2008 08:47

Can I say that I hate lawyers without getting sued? Twisted Evil


A woman asked her gynecologist if she could get pregnant from having anal sex. He replied, "Sure, that's how we get lawyers."
Title: Re: I do believe a PSW member wants to sue me.
Post by: Barry Hufker on October 17, 2008, 12:04:21 pm
"A woman asked her gynecologist if she could get pregnant from having anal sex. He replied, 'Sure, that's how we get lawyers.'"

I love it!  I'm stealing it!  Go ahead and sue me!

Title: Re: I do believe a PSW member wants to sue me.
Post by: Daniel Farris on October 17, 2008, 01:06:36 pm
John Ivan wrote on Thu, 16 October 2008 23:04

I generally don't like anything in the drum,


A Crown Royal bag full of BBs or pellets can be fun.

Coins work okay too.

DF
Title: Re: I do believe a PSW member wants to sue me.
Post by: Barry Hufker on October 17, 2008, 02:41:07 pm
Homer Simpson prefers a bag full of doorknobs...
Title: Re: I do believe a PSW member wants to sue me.
Post by: Bill Mueller on October 17, 2008, 03:15:28 pm
Steve Hudson wrote on Fri, 17 October 2008 10:58

Kris wrote on Fri, 17 October 2008 08:47

Can I say that I hate lawyers without getting sued? Twisted Evil


A woman asked her gynecologist if she could get pregnant from having anal sex. He replied, "Sure, that's how we get lawyers."


So how many lawyers does it take to roof a house?























It depends on how thin you slice them.

Best regards,

Bill
Title: Re: I do believe a PSW member wants to sue me.
Post by: Kris on October 17, 2008, 04:22:20 pm
Someone call the cops!  Bill's making threats now... Shocked
Title: Re: I do believe a PSW member wants to sue me.
Post by: fiasco ( P.M.DuMont ) on October 17, 2008, 04:25:10 pm
Tread carefully Bill, I know at least one lawyer.
Title: Re: I do believe a PSW member wants to sue me.
Post by: Jessica A. Engle on October 17, 2008, 04:25:49 pm
index.php/fa/10181/0/

(I'm late to the party, I know.  They tell me it's fashionable.)
Title: Re: I do believe a PSW member wants to sue me.
Post by: fiasco ( P.M.DuMont ) on October 17, 2008, 04:30:29 pm
^^^Somewhat creepy Jessica.

Better late than on the other side of a lawsuit.
Title: Re: I do believe a PSW member wants to sue me.
Post by: John Ivan on October 17, 2008, 05:10:28 pm
Fiasco wrote on Fri, 17 October 2008 16:30

^^^Somewhat creepy Jessica.

Better late than on the other side of a lawsuit.


What? Are you really being sued by this Guy?

Ivan.......................
Title: Re: I do believe a PSW member wants to sue me.
Post by: fiasco ( P.M.DuMont ) on October 17, 2008, 05:25:23 pm
John Ivan wrote on Fri, 17 October 2008 17:10

Fiasco wrote on Fri, 17 October 2008 16:30

^^^Somewhat creepy Jessica.

Better late than on the other side of a lawsuit.


What? Are you really being sued by this Guy?

Ivan.......................


No, no. Just being silly... amidst the silliness.

But then again I guess I don't really know.
Title: Re: I do believe a PSW member wants to sue me.
Post by: Steve Hudson on October 17, 2008, 05:27:17 pm
What's the difference between a catfish and a lawyer?

One's a slimy, bottom-feeding scavenger with sharp barbs and a big mouth, the other's a fish.

I'm here all week.
Title: Re: I do believe a PSW member wants to sue me.
Post by: rnicklaus on October 17, 2008, 06:14:56 pm
http://www.youtube.com/watch?v=0o63_-OenTA
Title: Re: I do believe a PSW member wants to sue me.
Post by: duckhunter on October 22, 2008, 12:09:45 pm
George Harrison's "Sue Me Sue You Blues"....what a tribute!!
Title: Re: I do believe a PSW member wants to sue me.
Post by: Larrchild on October 22, 2008, 12:20:32 pm
John Fogerty had a trifecta of litigious odes:
"The songs, "Zanz Kant Danz", "The Old Man Down the Road", and "Mr. Greed" from Fogerty's album Centerfield are thinly veiled slams at Zaentz."
http://en.wikipedia.org/wiki/Saul_Zaentz
Title: Re: I do believe a PSW member wants to sue me.
Post by: Hank Alrich on October 22, 2008, 09:54:27 pm
Bill_Urick wrote on Tue, 14 October 2008 16:28

dguidry wrote on Tue, 14 October 2008 18:40

....just like attracting flies to rotting flesh.  Ya'll are just too easy.


Is it possible that Dean is engaging in a hoax?
I've perpetrated a few myself, but this...
Only having read the first couple of pages of the original thread it's hard to tell.
He is an attorney.
Those guys are capable of unspeakable horrors.



In fairness, is there a profession in which there are no practitioners capable of unspeakable horrors?

Only a few times in my life (I'll be 64 soon, and yes, she will still breed me) have I needed an attorney. Every time, I have found myself working with an outstanding human being, a very competent human of extremely high integrity.
Title: Re: I do believe a PSW member wants to sue me.
Post by: Hank Alrich on October 22, 2008, 10:00:12 pm
Bill Mueller wrote on Wed, 15 October 2008 09:36



Puleeeze!

That would be crazy! Shocked

Everyone knows you should NEVER represent yourselves in court.

Best regards,

Bill


Maybe it's a class action kinda thing.
Title: Re: I do believe a PSW member wants to sue me.
Post by: Hank Alrich on October 22, 2008, 10:04:16 pm
John Ivan wrote on Wed, 15 October 2008 12:44

dguidry wrote on Wed, 15 October 2008 15:10

LRS 14:47.  Defamation

Defamation is the malicious publication or expression in any manner, to anyone other than the party defamed, of anything which tends:

(1)  To expose any person to hatred, contempt, or ridicule, or to deprive him of the benefit of public confidence or social intercourse; or

(2)  To expose the memory of one deceased to hatred, contempt, or ridicule; or

(3)  To injure any person, corporation, or association of persons in his or their business or occupation.  

Whoever commits the crime of defamation shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.  

Amended by Acts 1968, No. 647,
Title: Re: I do believe a PSW member wants to sue me.
Post by: Hank Alrich on October 22, 2008, 10:13:50 pm
dguidry wrote on Wed, 15 October 2008 13:47

rnicklaus wrote on Wed, 15 October 2008 15:37

In the original thread there are these conflicting posts.

<<dguidry wrote on Thu, 28 February 2008 15:06

In all seriousness, this is the real deal.>>

<<dguidry wrote on Sun, 02 March 2008 12:01

I knew at its core it was onerous and it would never have been put on the table for consideration at all. >>

This would be the big hurdle in any defamation case.  Two conflicting statements by the person claiming he was defamed.  One of the statements may have been reasonably believed to be true.  The other statement, at that point, may be open to challenge on it's honesty.

Every case needs to be brought in good faith.  Filing a claim that may not be in good faith leaves an opening for attorney fees and legal costs to be recovered.


Legal fees are not recoverable in Louisiana, but sometimes court costs are.

I meant: "real deal" as in no kidding I am drafting a proposed contract so help me out.  No one would infer in the context of my statements that this would be the final draft.  I even said it was only a deal memo, which by its own definition is not binding, and you would know that only if you were a lawyer.



I see. Nobody but lawyers can read. Yeah, ya really got 'em there!

What level of lawyer posts to an Internet forum for entertainment industry legal advice?

It's not like anybody said someone's drumming sucks.

This business is loaded with folks who say one thing today and another tomorrow, much like politics. If one asks for advice, makes conflicting statements in public and then claims slander or liable for people challenging the obvious conflict, one might want to step back and consider the implications of the situation, and reassess one's own behavior.

But then again, I'm not really a psychologist. Of course, on the Internet you can't really tell that without help.