Filed under: Analysis / Opinion, iTS, iTunes, Apple
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.
![TUAW [Cafepress]](http://www.blogsmithmedia.com/www.tuaw.com/media/tuaw-cafepress-promo.png)
Reader Comments (Page 1 of 2)
narco said 7:28PM on 10-07-2006
Lame.
I wonder if the Dead Kennedys will be forced to remove "Pull My Strings" from the iTS for turning "My Sharona" into "My Payola." I guess their version makes even more sense today.
Fishes,
narco.
Reply
Christian said 7:31PM on 10-07-2006
I totally agree with you, on the allowing Run DMC and Knack to be sold in the first place.
Reply
Maha10k said 7:48PM on 10-07-2006
Since when is being any kind of snob something to brag about? It's easy to ridicule someone's success but giving yourself a label like 'music snob' doesn't give your musical taste any credibility.
Reply
Angel said 7:56PM on 10-07-2006
You should keep self-important comments like "I'm a elitist music snob" to yourself because it makes you sound ridiculous.
Reply
Jimy said 8:22PM on 10-07-2006
Better watch out or you'll be sued for using an unauthorized sample of "Get the Knack". ;-)
Reply
tnkgrl said 8:30PM on 10-07-2006
I think Laurie was making fun of herself.
Reply
bobman2007 said 8:36PM on 10-07-2006
Actually, I had never heard "It's Tricky" until I heard it on the "SSX Tricky" video game, which came out in late 2001. But still, even if The Knack had never heard the song before, it still doesn't justify any media network being included in the lawsuit. And for God's sake, that part in "It's Tricky" they claim is sampling "My Sharona" only lasts for a few seconds, even though it's played several times throughout the song. There have been plenty of times that an artist could have sued another artist for having a few seconds of their song sounding like the other artist's song, but there was never a lawsuit.
Reply
Laurie said 9:03PM on 10-07-2006
Thank you, tnkgrl :)
Reply
Shaaheen said 9:08PM on 10-07-2006
They need money.
Reply
Jason said 9:16PM on 10-07-2006
Anyone can sue for anything nowadays, it doesnt mean the suit has any merit and won't be thrown out.
Reply
Y. U. Buggin said 9:31PM on 10-07-2006
Never connected these 2 songs but... speed up "It's Tricky" by about 15%, and it is, in fact, "My Sharona" in a non-trivial way. The Knack should get some songwriting $. I'm sure glad they did cite me in the suit, though; they've included everyone else involved in the song, and holy crap, I've listened to and enjoyed both songs. A cease and desist order is in the mail to me, I'm sure.
Reply
meatmcguffin said 9:35PM on 10-07-2006
Ever hear the story of the Verve's masterpiece 'Bittersweet Symphony'?
It contains a sample of a Rolling Stones song which, due to a legal loophole, was found to be theft. The Stone's label sued the Verve which lead them to relinquish all rights and profits of the song.
To really rub it in, Jagger is now credited with writing it.
The music industry is pathetic.
Reply
Y. U. Buggin said 9:36PM on 10-07-2006
Meant to say "didn't cite me"... Freudian slip.
Reply
crescent fresh said 9:49PM on 10-07-2006
I agree with #s 3 & 4 that claiming to be an "arrogant, elitist music snob" means nothing to those reading it and it lends no additional credibility to your opinions. However, I do agree with the author that "My Sharona" and therefore The Knack, sucks. But the last sentence stating that it would be better if they or Run DMC is not only not funny, but WAY off. Whether or not you personally like hip-hop, Run DMC are a huge influence to the genre. Even though I don't listen to them, they deserve all due credit and respect for helping to father such an influential genre.
Reply
narco said 10:02PM on 10-07-2006
Ugh, meatmcguffin, don't even remind me of the Verve thing. It's such a fantastic song and it totally ruined a great band. All these lame legal lameness and music shouldn't have anything to do with one another.
Fishes,
narco.
Reply
jeffbart said 10:28PM on 10-07-2006
The infringement occured in 1986, by whoever lifted the sample...The Knack must have had shitty publishers and their record company was shitty and negligent, in letting this slip. They should recover from the infringers..good luck
The distributors getting named in this? That's so USA litigation.
Reply
Tim Robertson said 10:48PM on 10-07-2006
"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. "
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...
Reply
minty95 said 2:30AM on 10-08-2006
There wasn't a law against that kind of thing in 1986 - at least not here in the UK. So if this succeeds does it open the floodgates for lawsuits against 99.9% of old-skool hip-hop artists?
Reply
Chris W. said 2:40AM on 10-08-2006
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¢.
Reply
Hans said 3:13AM on 10-08-2006
This blogger wishes she could say the same about "My Sharona"
I laughed so hard!!!! Thank you!
Reply