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Rock band The Knack sues Apple and others

eWeek reports that Seventies rock band The Knack is suing Apple, Amazon, Yahoo, RealNetworks, Napster - and rap group Run DMC - for copyright infringement, based on the distribution of Run DMC's 1986 song "It's Tricky," which is alleged to have used an unauthorized sample of The Knack's "My Sharona." As if that weren't enough, they've named Russel Simmons and a handful of music publishers and record labels in the suit just to make sure they've covered all 20 years worth of bases.

Why wait 20 years? Um... I'm thinking it has something to do with $$$. But the plaintiffs, Knack's front man Doug Fieger and lead guitarist Berton Averre, swear they never even heard the Run DMC rip-off until August 2005. This blogger wishes she could say the same about "My Sharona" :) It could also have something to do with Fieger's recent surgery to have two brain tumors removed... when you're reminded of your own mortality like that, it tends to make you wonder who you could possibly sue before you die.

But seriously, what has Apple or Amazon or anyone but Run DMC done wrong? These companies barely existed back then, if at all, and they certainly weren't in the music business. Why should they be on the hook for selling music that no one raised any eyebrows about for twenty years? Of course I, being an arrogant, elitist music snob, might say they all get what they deserve for doing anything at all to facilitate the distribution of Run DMC or The Knack, but I suspect that is not a valid legal argument.

eWeek reports that Seventies rock band The Knack is suing Apple, Amazon, Yahoo, RealNetworks, Napster - and rap group Run DMC - for...
 

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JC

Don't forget Cheech from "Up In Smoke" sung a similar tune, only he used the words "My Scah-roh-tum"!

October 10 2006 at 1:02 PM Report abuse rate up rate down Reply
Liquidmark

"Uhhh... Sorry to burst your bubble, but Apple was the fastest growing company in the world at that point in time. 1986? The Mac was already on the market at that point....

Sheesh..."

Apple wasn't selling the song on ITMS in 1986.

Fact is Apple and the other companies didn't do anything wrong. I'm willing to bet that they had a contract with the IP holders of the Run DMC song that states that the IP holder owns the song in entirety and Apple isn't liable for any suits and so on that may incur in the future.

I really hope the Knack fails on all of their suits. They sucked and want to strike it rich because Run DMC is on iTunes and amazon now. Lame.

If they want to sue ANYONE, it has to be Run DMC. I mean, Apple and Amazon paid them right? WHY should they have to pay a second time?

October 09 2006 at 1:23 PM Report abuse rate up rate down Reply
W.P. Fleischmann

Don't forget that Doug Fieger's brother is this guy:
http://www.fiegerlaw.com/

October 08 2006 at 10:46 PM Report abuse rate up rate down Reply
spil

The Bloodhound Gang did a cover of "It's Tricky", does this make them in it too?

October 08 2006 at 9:47 PM Report abuse rate up rate down Reply
Ted

I believe the Knack would have had a case against RunDMC and their label had they acted within a couple years of "It's Tricky"'s release. However, I believe the statute of limitations has expired on them. As for going after all the companies selling the song online, well, it's just greed. It's a low risk gamble for the Knack and their shark of a lawyer to do this. If the judge disagrees and throws out the case, they haven't lost anything but lawyer time (and since the lawyer is the brother of the Knack's front man, I doubt they are getting charged the full rate here). If the judge allows it, it will only take one of the companies indicted to settle with them (which one of them would) for it to be cost effective.

This is why we need a "loser pays" system here in the US. To stop greedy shark lawyers from launching frivolous lawsuits.

October 08 2006 at 8:05 PM Report abuse rate up rate down Reply
Gustavo

I guess it's the way things work these days. Sue everybody. I do think the people that sample should come to some sort of arrangement with the owner of the copyright before releasing the song. After the song becomes a success (in the Verve case) things become all the more difficult.
Still I don't think the companies selling the song have anything to do with the copyright infringement itself.

October 08 2006 at 1:24 PM Report abuse rate up rate down Reply
Joshua

It's one note (repeated once an octave higher, then again in the lower register), and then two power chords. Which means the Knack is suing over a grand total of five notes. Whoo hoo.

October 08 2006 at 11:08 AM Report abuse rate up rate down Reply
south

posters 3, 4, and 14:

whhhooooooooooossssssssshhhh

October 08 2006 at 3:56 AM Report abuse rate up rate down Reply
Hans

This blogger wishes she could say the same about "My Sharona"

I laughed so hard!!!! Thank you!

October 08 2006 at 3:02 AM Report abuse rate up rate down Reply
Chris L W

Um, Tim, I think she only really meant "these companies" in an all-encompassing way (since most of 'em really didn't exist in '86) and didn't mean to include Apple except for the "weren't in the music business" part. Use your head, man!

Back to music, this whole thing is pointless and silly. Too bad law firms won't see it that way. All they'll see is dollar signs! And to all the posters making bad comments about Run-DMC and The Knack... I didn't especially like these groups, either. But, like them or not, they had a hand in some way in influencing the groups and artists you do like!

My 2¢.

October 08 2006 at 2:40 AM Report abuse rate up rate down Reply
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