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| 305oldschool |
 Posted: Sat Jun 21, 2003 8:52 am |
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Joined: 03 Sep 2002
Posts: 2206
Location: Gainesville, FL
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I got this in an email and thought I would pass it along. What do you think about this?
Jello Biafra & Alternative Tentacles Records' Legal Defense Fund
March 14, 2003 :
Fake DK's Support Bush's War???
We recently received this letter addressed to "Mr. Biafra" :
"[..]I don't mean to get off on a rant, but I write to you also concerning the DK Kennedy's recent (and, in fact, currently running) tour. I attended the concert myself, along with a few of my friends who, like myself, believe in you and hold great contempt for the falsities and blatant corruption that the DK Kennedys have forced upon fans of the Dead Kennedys. We attended the show at the Norva, in Norfolk, Virginia. We were, to say the least, completely appalled with the entire performance by the DK Kennedys. The opening bands, Project 208 and the Unabombers, were worth the money paid for the tickets (which were $17.50 apiece) but the DK Kennedys sucked a big, rubbery one. The claims of Brandon Cruz seeming to not even know the songs he was singing, and the band being in sore shape, were proven in the first minute of stage time that the corporate sell-outs got.
[..]Cruz made a comment about you that you may not be aware of, roughly that you were a terrorist because you didn't love your country and that you were no better than Osama Bin Laden (at which point my small, ragtag group of friends began chanting "JELLO! JELLO! JELLO! JELLO! JELLO!" so that the band left the stage for a period of five minutes) then came back out and, before continuing with their less-than-sad performance, said quietly "But he has the right to his own opinion". I do honestly believe he was just trying to shut us up, and it didn't work.
[...]Then just before launching into "Holiday In Cambodia", D.H. says "this song goes out to all the U.S. troops overseas in Afghanistan. We support President Bush's actions in Afghanistan."
This is about the time when we all looked at each other and said "What? This, from a person who once performed with a band who played a song called "Stars and Stripes of Corruption"?.
[...]
With No Further Ado,
Greyson Edwards"
A witness at a more recent concert reported Brandon Cruz giving a "patriotic" speech about "love of country" as an intro to "Kill The Poor".
For Immediate Release: April 01, 2002
Jello Biafra Reluctantly Sues Ex-Dead Kennedys Over Use of Name And Non-Payment of Royalties
On February 26, 2002, Jello Biafra filed a lawsuit against former band mates East Bay Ray, Klaus Flouride, and D. H. Peligro for repeated misuse of his name, voice, photograph, likeness and/or artwork to advertise Dead Kennedys albums, videos, and merchandise unauthorized by Biafra, and to promote a reunion tour featuring stand-in lead singer Brandon Cruz. The suit was filed to protect the statute of limitation.
"This is the last thing I wanted to do," said Biafra. "I don't think lawsuits are the best way to work out disagreements and we do not intend to serve it if we can resolve the dissolution of the partnership quickly."
For Immediate Release: January 14, 2002
JELLO BIAFRA WARNS OF BAIT-AND-SWITCH TACTICS IN FAKE DEAD KENNEDYS TOUR
Due to the high volume of complaints coming our way, Jello Biafra again warns of bait-and-switch tactics in his former bandmates use of the name Dead Kennedys for their current tour. Both Biafra and his label, Alternative Tentacles Records, have received numerous inquiries from promoters, press, and angry fans on the fraudulent nature of the tour.
The booking agency which represents Biafra's former bandmates is reportedly selling the band as Dead Kennedys, asking $10,000 guarantees, and "forgetting" to tell promoters that Biafra is not in the band, unless specifically questioned. The band photo that the agency has circulated features Jello Biafra instead of the scab singer Brandon Cruz. Most of the tour dates have been sold to the public as "Dead Kennedys", with at least one advertisement featuring the photo which contains Biafra. Another tactic reported is that venues such as the Gothic Theater in Denver (and their sponsor, Twist & Shout) start out advertising the show as Dead Kennedys then downgrade the ads to �DK Kennedys�, with members listed, two or more weeks after tickets have gone on sale.
Jello Biafra states, "In my opinion, this is the real great rock and roll swindle. They have a right to play cover versions of Dead Kennedys songs. Everyone does. But I feel really badly for all the people paying ticket prices, reported to be as high as $25, thinking it's the real Dead Kennedys, and wind up getting stuck with the world's greediest karaoke band."
Reports of the overpriced performances have not been altogether positive. Witnesses in San Francisco noted that Klaus Fluoride bragged on stage that the band had only practiced twice in thirteen years, and in some viewers' opinions they sounded like it. Observers reported that Brandon Cruz had forgotten many of the words, if he had learned them at all. An angry journalist in Brazil even tracked down Jello Biafra to report picking up a wad of paper that had fallen out of Brandon Cruz's pocket onstage, which turned out to be the words to "Viva Las Vegas."
In August 2001, Jello received a letter from Decay�s lawyer that they don't intend to pay Jello unless he pays them roughly $140,000 � which they claim are his share of their legal bills to sue him - and they have provided no documentation to back this up. So, in other words, Jello isn�t receiving any royalties from sales of the DK re-issues currently in circulation via Decay/Manifesto (North America) and Decay/PlasticHead (Europe) or MVD Video, none of which were authorized by Biafra.
The rogue ex-Dead Kennedys seized control of the catalog through a nasty lawsuit against Biafra and Alternative Tentacles stemming from a dispute that grew ugly after Biafra opposed the use of �Holiday in Cambodia� in a Levi�s Dockers TV commercial to be shown worldwide. They now do business as Decay Music, even though the Decay Music partnership is now officially dissolved by the state of California. Biafra and A.T. are appealing the verdict.
The appeal brief was filed in October on behalf of Jello Biafra�s attorneys. Decay Music asked for a 60-day extension, which was granted. The respondent�s brief is due on February 4th and it will include a cross-appellants brief. After that, more briefs will be filed and oral arguments will be heard when all of that is done which will be late spring at the earliest.
Many people have asked what they can do to stop or at least expose what is going on. Suggestions include spreading the word in your own community, which can certainly help, and continuing to support the Alternative Tentacles Legal Defense Fund to cover the cost of the appeal on the original court verdict.
For more information on the ongoing legal dispute and details on contributing to the legal defense fund, please contact : [email protected] or contribute directly via :
Alternative Tentacles Legal Defense Fund
September 10, 2001
Dear Friends,
I'm sorry for such a long gap between the defense fund updates. On the legal front, not much has happened. The date for filing our brief has finally been set for October 1st. So, it looks like getting our appeal heard and decided may take a lot longer than expected, as costs continue to mount.
Meanwhile there is more ugly news. The three ex-Dead Kennedys have sold off the albums without my permission or endorsement to a label called Manifesto and are now planning a "reunion" gig in Los Angeles in late September. Apparently the scab singer is Brandon Cruz, late of Dr. Know, and better known as the former TV child star in "The Courtship of Eddie's Father."
I say let the audience be the judge. But I don�t seem to be the only one who has trouble with anyone trying to seriously pass this off as a legit Dead Kennedys revival. People have been calling Alternative Tentacles complaining that Ticketmaster failed to warn them that I was not a part of the "band" and wanting their money back. Please understand that I am not part of this scam at all. Nor am I part of this ex-DKs "personal appearance" in Los Angeles sponsored by, get this, Best Buy (!) to promote the movie "Rage".
I also feel I have an obligation to blow the whistle and warn people why I do not support and did not authorize these so-called "reissues" on Decay Music and Manifesto.
I am embarassed by the poor performances on the live album and embarassed to be associated with Manifesto. I feel they are taking advantage of an ugly legal verdict even before a judge has heard our appeal. The ex-DKs legal action came right after I opposed using our best song "Holiday in Cambodia" in a Levi�s Dockers TV commercial. If you would like more information about the people behind Manifesto please check Negativland's book, "FAIR USE": The Story of the Letter U and the Numeral 2", chapter 2.
Their distributor, Navarre, only dabbles in music. Their primary focus seems to be on computer software and videos. For a real corporate eye opener check their website at : http://www.navarre.com
I also was not consulted at all on a live video & DVD only 30 minutes long they just released on a company called MVD, or the Australian versions of the doctored DK re-issues on Shock. So I can�t recommend any of these either. Our first album. "Fresh Fruit for Rotting Vegetables" remains available throughout North America on Alternative Tentacles.
I have asked the ex-DKs and their rogue enterprise Decay Music to please remove my name and likeness from all their releases and promotional material. Don't get me wrong, I'm as proud as ever of Dead Kennedys and grateful for how much we mean to people. But to me what they are trying to do is like spray-painting a McDonalds logo on the Mona Lisa. Just wait until you see how they "improved" the artwork on the CDs. People who have heard them also seem divided on whether the re-mastering improved the sound or did the opposite. I can�t tell because Ray & Co. have not allowed me to hear the remastered versions or have any input at all.
So our fight to keep something that means a lot to many of us (especially me) from winding up in the corporate cartoon graveyard goes on. All help and support for the Alternative Tentacles Legal Defense Fund continues to be very deeply appreciated.
Yours in Frankenchrist,
Jello Biafra
April 19, 2001
Dear Friends,
Thank you so much for all your responses and contributions in the fight to preserve Dead Kennedys and Alternative Tentacles. I am sorry if my reply seems a bit late. Due to the latest antics of the other side there has not been much free time around here. Some of the same kind people who helped with the No More Censorship Defense Fund during the DK-"Frankenchrist" obscenity trial ordeal have resurfaced to help take the workload off of me and the various Alternative Tentacles at the label office. There have been so many responses to [email protected] that I can't keep up with them, let alone respond to each one separately.
So now the bank account is open, helpers are in place to hopefully smooth things out and get this project further off the ground.
Further details on this ugly legal mess can be found in the various press releases still up on the A.T. website.
The other 3 ex-Kennedys have now released a lame live album that I was not allowed any input on at all. The sound is OK, but the performances range from so-so to just plain bad. Not much thought appears to have gone into the artwork either, in sharp contrast to the original spirit of the band. I do not recommend this album, or any of the so-called "reissues" they are now trying to sell, even poaching our band's famous DK logo as the logo for the Decay Music label a totally separate business enterprise. Alternative Tentacles will not carry these CD's in our mail order. I will not sign them. I don't even want them in my collection.
I am deliberately kept in the dark about Decay Music decisions, nor told where any of the money is going. They claim they are a democracy, but I am not allowed to vote, let alone told what is going on. In January East Bay Ray went into Mordam Records, our distributor, and walked off with every unsold Alternative Tentacles DK CD, cassette and LP (except "Fresh Fruit for Rotting Vegetables" and the "Nazi Punks Fuck Off" single, which we are still allowed to sell). Ray refuses to tell me what he did with our stock.
Apparently they are now being sold by an outfit called Industrial Strength. They are selling the A.T. CD's coupled with a compilation of their own bands who may or may not have anything in common with the vision or song quality of Dead Kennedys.
In England a distributor called Plastic Head recently began flooding Europe and the United States with their own pressings of DK albums. Ray & Co. changed all the songwriting credits so I am no longer credited with writing any of the music to my own songs. D.H. Peligro is now listed as an author of songs recorded before he was even in the band. This is especially painful because we had trusted PhD to properly distribute Alternative Tentacles and signed an exclusive distribution contract with them which has been in effect since 1997. Plastic Head owner Steve Beatty had given me his word that he was not comfortable doing anything to exploit Dead Kennedys if I was not into it. So much for keeping one's word.
A booking agency in Florida is apparently even trying to shop a phony Dead Kennedys reunion tour! The first person who tipped us said that the person they talked to was more than a little evasive about my not being part of it.
I cannot endorse or support any Dead Kennedys item sold by Decay Music, Plastic Head, or Industrial Strength. I urge everyone to stop and think before they consider buying any of this junk.
*********************FAQ********************
Since we sent out our initial announcement notice, I have learned a new buzz-term: FAQ (or frequently asked question.) Here are some answers to your questions:
***"I'd like to help, but I don�t have any money.."***
Understandable. Welcome to the "new" economy! All that we are hoping for is that people do what they want to and what they can. Please keep in mind that a lion's share of the contributions that saved us during the "Frankenchrist" obscenity trial were the $1 and $5 bills wrapped in notebook paper. It took years, but it worked.
***"Can I use PayPal or a credit card?"***
Yes.
PayPal :
At http://www.paypal.com (PayPal) - enter the amount you would like to pay and send it to [email protected]
Credit Card :
On the page Alternative Tentacles Legal Defense Fund you can easily enter the amount you would like to contribute. Our server is secure.
Or if you prefer, you can send in your credit card details via
fax : 415 282 9786 or
tel 415 282 9782 and give the credit card details to someone over the phone.
Alternately, you can also mail a check (made out to AT LEGAL DEFENSE FUND) , international money order or cash to :
AT LEGAL DEFENSE FUND
P.O. BOX 419092
San Francisco, CA 94141
***"Can your letters be posted and passed on to others?"***
Yes, please do! The more people know what's really going on and what is at stake the better. It is important that people be educated on this matter and not get ripped off on cheap DK cash-in scams. It is also important that the other side see how much disgust and non-support there is for their actions and attitude among the very people they now seem to think are theirs to exploit. All the unofficial DK and Biafra websites, bulletin boards and chat-rooms need to be aware of what is going on . However, if you post anything on another artist or organizations bulletin board, please do not go overboard to the point where the artist gets annoyed.
***"Can't you go to the ACLU, or get lawyers to help you for free?"***
NO. We are up against high powered corporate litigators who, according to various journalists, have also represented Bill Graham, Journey, Boston, the Doobie Brothers, Santana, a claim on the Jerry Garcia estate, etc. etc. I'm sure there is someone out there who would fight the good fight, but if they lose, we the client wind up getting what we paid for. I wish it was an option, but it's not. We had to hire the big gun lawyers since that is the type we are up against.
***"What is the timetable concerning the appeal?"***
The notice of appeal was filed March, 9. The trial judge ruled earlier that the 3 ex-Kennedys can "manage" the DK catalog as they see fit, pending the results of the appeal. Brief and counter-briefs will be filed over the next three month. Eventually the court may ask for oral arguments, but then may not rule for a year of more. So like "Frankenchrist" before it, this is a long complex hellride (to quote Wesley Willis), with bills to pay long after the court process is over. Some people have urged me to give up, allow Dead Kennedys to be turned into a corporate cash-in money machine, fold Alternative Tentacles and walk away. But I don't think that's what any of us wants.
Burning Bushes,
Jello Biafra
p.s. On a much worse globalization note, George W. Bu$h and his fellow rattlesnakes are gathering in Quebec City starting April 16th to try and enact the Free Trade Area of the America's (FTAA), to extend the hellish "benefits" of NAFTA to all of North, South, and Central America. Massive protests are planned. If interested, please keep an eye out for possible resistance events in your area, especially on April 20th.
December 22, 2000
Dear Friends,
As many of you know, Alternative Tentacles and myself are now caught up in our worst legal harassment ever. Main details have been widely circulated in the press, and are on my new album "Become The Media". The trial verdict has awarded the other ex-Dead Kennedys full control over much the DK catalog, plus enormous damages against Alternative Tentacles, and me personally, for failure to promote Dead Kennedys, among other things, if you can believe that.
In a sense, I am being punished for sticking to the vision and principles of the band and saying no to corporate branding and co-opting of our culture. We are at risk of being wiped out if the verdict stands. If so they can and most likely will pimp our music to corporate labels, TV commercials, etc.; regardless of how people who believe in Dead Kennedys' message feel about it.
Their intention is that I have no say in how Dead Kennedys is handled. Yet because I am the most visible and active ex-member, I will be hit with most of the blame. Obviously this verdict must be appealed. Appeals are very expensive and our legal fees have already gone through the roof. So far I have been paying out of my own pocket through live gigs, selling personal belongings, etc. I have been reluctant to set up a No More Censorship-type defense fund, a la the "Frankenchrist" trial, since this could be construed as a personal or business dispute, although I see it as political. I also thought my ex-bandmates would not be so hellbent against compromising and settling the case in a reasonable manner.
Meanwhile more and more people outraged by corporate branding and this whole sad affair have been coming up to me asking to help. Frankly, we need it. I do not want to see over 20 years of hard work ruined, and my old band's legacy dumbed down into a cash-in retro cartoon. If you feel like helping us out even a little bit, please send contributions to:
Alternative Tentacles Legal Defense Fund
P.O. Box 419092
San Francisco, CA
94141
To pay via PayPal, go to http://www.paypal.com and arrange payment to the account [email protected] - there is no minimum amount. Anything helps.
None of this money will be used to run Alternative Tentacles or pay my personal bills, only to help cover spiraling legal expenses. If you have further questions please email [email protected] or fax (415) 282 9786.
If you feel this request isn't cool, feel free to tell us.
Happy Holidaze,
Jello Biafra and Alternative Tentacles Records
P.S.- Contributions are not tax-deductible.
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| seth c |
| Posted: Fri Jun 27, 2003 9:25 am |
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Joined: 26 Jul 2002
Posts: 4197
Location: baltimore
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damn.. too fucking sad indeed...
i went and saw jello speak a few months ago. amaing to say the least. i tossed some loot in his shoe wished him good luck. such a sad situation. |
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| ActionNow80 |
| Posted: Thu Jul 10, 2003 3:55 am |
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Joined: 21 May 2003
Posts: 28
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Jell - Oh...
He needs a new act.
It's sad.
~AN |
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| lilsheeda |
| Posted: Fri Jul 11, 2003 3:24 pm |
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ORDER OF THE SKULL
Joined: 25 Mar 2003
Posts: 3077
Location: Pac. NW- now LBC
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| Jello, needs to start rockin'. I think it's screwed that his old pals are using DK, but he needs to stop talkin' and start rockin'. He probably wouldn't need to ask for money either. If the turn-outs are so good for unassuming concert goers that get fucked, maybe he needs to get out there and play the same places the same nights... |
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| grind-it |
| Posted: Fri Aug 22, 2003 11:19 pm |
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Joined: 27 Jul 2003
Posts: 1352
Location: Baltimore
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jello needs to quit his crying and be a man. he has earned more money from alternative tentacles than most of us will make in our lifetime. i agree with some of the things he says but if he's not happy being an American, get the fuck out. I don't agree with a lot of the shit the government does, but i try and do something about it, i don't sit back and cry and put down this great country of ours.
yes, i like the old DK's music. jello kicked ass as the singer and song writer. now he just cries like a baby. |
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| COOLSTUFF |
| Posted: Sat Aug 23, 2003 10:52 am |
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ORDER OF THE SKULL
Joined: 04 Jul 2003
Posts: 9728
Location: ORANGE CITY, FLORIDA
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| CALL HIM @ 1-800-BOO-HOO EXT. WAH-WAH |
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| DaveUNeeda |
| Posted: Mon Dec 08, 2003 11:04 pm |
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Joined: 23 Nov 2003
Posts: 12
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| there is talk of lard shows, but Barker quit Ministry. |
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| knucklehead |
| Posted: Wed Dec 10, 2003 3:11 am |
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Joined: 06 Dec 2003
Posts: 596
Location: Winchester, VA
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I am happy I saw them "back in the day..."
George Washington University, Marvin Center, July 1982 |
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| 305oldschool |
| Posted: Mon Dec 15, 2003 6:04 pm |
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Joined: 03 Sep 2002
Posts: 2206
Location: Gainesville, FL
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| ...and Jello dosen't try to something about it?! Have you ever seen the stuff that AT releases? If you did you wouldn't say something that dumb. Jello denied levis and other corporations the use of DK songs for commercials because that wasn't what the band was about. Can you say integrity? |
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