zeplz71 Posted August 13, 2020 Share Posted August 13, 2020 (edited) FFS U.S. Supreme Court Is Asked To Intervene In LED ZEPPELIN 'Stairway To Heaven' Copyright Dispute According to Law360, the estate of Randy "California" Wolfe has filed a petition for a writ of certiorari asking the U.S. Supreme Court to overturn a March 2020 ruling by the Ninth U.S. Circuit Court of Appeals in San Francisco upholding the 2016 trial verdict that found LED ZEPPELIN's classic song "Stairway To Heaven" was not a rip-off of SPIRIT's "Taurus". Michael Skidmore, the trustee of "Taurus" songwriter Wolfe's estate, had brought the claims more than four decades after "Stairway To Heaven" appeared on LED ZEPPELIN's untitled album, better known as "Led Zeppelin IV". In June 2016, a Los Angeles jury deliberated for about five hours before deciding unanimously in favor of LED ZEPPELIN. However, a three-judge panel of the Ninth Circuit Court of Appeals decided in 2018 the trial judge had made a series of errors and ordered a new hearing. Five months ago, the Ninth Circuit Court of Appeals in San Francisco upheld the 2016 trial verdict. In a typical year, lawyers file 7,000 to 8,000 petitions for a writ of certiorari, the formal name for a petition asking the Supreme Court to give full review to a lower court's order. According to Vox, the Court typically grants fewer than 80 of these "cert" petitions. The Wolfe estate argues in the petition for certiorari, filed on Tuesday (August 11): "The [Ninth Circuit] opinion is a disaster for the creatives whose talent is often preyed upon. By the same token, it is a gift to the music industry and its attorneys — enthusiastically received — by a circuit whose own judge once observed: 'Our circuit is the most hostile to copyright owners of all the circuits.' "The 'court of appeals for the Hollywood Circuit' has finally given Hollywood exactly what it has always wanted: a copyright test which it cannot lose. Portending what is to come, in the days following the decision's filing multiple major copyright rulings have already dramatically favoured industry defendants. The proverbial canary in the coal mine has died; it remains to be seen if the miners have noticed." Four years ago, LED ZEPPELIN singer Robert Plant testified in court that he had no recollection of ever hearing "Taurus" before. "I didn't remember it then, and I don't remember it now," he said. LED ZEPPELIN guitarist Jimmy Page also testified that he had not copied any part of "Taurus" even though he owned five discs by SPIRIT among his collection of 4,000 vinyl records. Enrico Bonadio, a senior lecturer in law from City University London, told Newsweek in April 2016: "I don't think that it is appropriate to consider the act of devising a tune that simply has the same 'feel' and 'groove' as another as copyright infringement. This is how music creativity often works. Musicians frequently build upon earlier arrangements and styles, and so the increasing occurrence of cases such as these should give us pause." After the 2016 trial, plaintiff's attorney Francis Malofiy claimed he lost his case on a technicality, insisting that it was unfair the jury was unable to listen to the sound recording of "Taurus" and instead was limited to hearing an expert performance of the registered sheet music. Malofiy received over a hundred sustained objections and "multiple admonishments" during the ZEPPELIN trial, with the band's publishing company Warner/Chappell Music filing documents asking the judge to order the plaintiffs to pay over $613,000 in costs for defending against the lawsuit. https://www.blabbermouth.net/news/u-s-supreme-court-is-asked-to-intervene-in-led-zeppelin-stairway-to-heaven-copyright-dispute/ Edited August 13, 2020 by zeplz71 Quote Link to comment Share on other sites More sharing options...
reids Posted August 13, 2020 Share Posted August 13, 2020 15 minutes ago, zeplz71 said: FFS U.S. Supreme Court Is Asked To Intervene In LED ZEPPELIN 'Stairway To Heaven' Copyright Dispute According to Law360, the estate of Randy "California" Wolfe has filed a petition for a writ of certiorari asking the U.S. Supreme Court to overturn a March 2020 ruling by the Ninth U.S. Circuit Court of Appeals in San Francisco upholding the 2016 trial verdict that found LED ZEPPELIN's classic song "Stairway To Heaven" was not a rip-off of SPIRIT's "Taurus". Michael Skidmore, the trustee of "Taurus" songwriter Wolfe's estate, had brought the claims more than four decades after "Stairway To Heaven" appeared on LED ZEPPELIN's untitled album, better known as "Led Zeppelin IV". In June 2016, a Los Angeles jury deliberated for about five hours before deciding unanimously in favor of LED ZEPPELIN. However, a three-judge panel of the Ninth Circuit Court of Appeals decided in 2018 the trial judge had made a series of errors and ordered a new hearing. Five months ago, the Ninth Circuit Court of Appeals in San Francisco upheld the 2016 trial verdict. In a typical year, lawyers file 7,000 to 8,000 petitions for a writ of certiorari, the formal name for a petition asking the Supreme Court to give full review to a lower court's order. According to Vox, the Court typically grants fewer than 80 of these "cert" petitions. The Wolfe estate argues in the petition for certiorari, filed on Tuesday (August 11): "The [Ninth Circuit] opinion is a disaster for the creatives whose talent is often preyed upon. By the same token, it is a gift to the music industry and its attorneys — enthusiastically received — by a circuit whose own judge once observed: 'Our circuit is the most hostile to copyright owners of all the circuits.' "The 'court of appeals for the Hollywood Circuit' has finally given Hollywood exactly what it has always wanted: a copyright test which it cannot lose. Portending what is to come, in the days following the decision's filing multiple major copyright rulings have already dramatically favoured industry defendants. The proverbial canary in the coal mine has died; it remains to be seen if the miners have noticed." Four years ago, LED ZEPPELIN singer Robert Plant testified in court that he had no recollection of ever hearing "Taurus" before. "I didn't remember it then, and I don't remember it now," he said. LED ZEPPELIN guitarist Jimmy Page also testified that he had not copied any part of "Taurus" even though he owned five discs by SPIRIT among his collection of 4,000 vinyl records. Enrico Bonadio, a senior lecturer in law from City University London, told Newsweek in April 2016: "I don't think that it is appropriate to consider the act of devising a tune that simply has the same 'feel' and 'groove' as another as copyright infringement. This is how music creativity often works. Musicians frequently build upon earlier arrangements and styles, and so the increasing occurrence of cases such as these should give us pause." After the 2016 trial, plaintiff's attorney Francis Malofiy claimed he lost his case on a technicality, insisting that it was unfair the jury was unable to listen to the sound recording of "Taurus" and instead was limited to hearing an expert performance of the registered sheet music. Malofiy received over a hundred sustained objections and "multiple admonishments" during the ZEPPELIN trial, with the band's publishing company Warner/Chappell Music filing documents asking the judge to order the plaintiffs to pay over $613,000 in costs for defending against the lawsuit. https://www.blabbermouth.net/news/u-s-supreme-court-is-asked-to-intervene-in-led-zeppelin-stairway-to-heaven-copyright-dispute/ The only one preying upon others is Skidmore (the vulture) on behalf of California Estate. He should be denied permission for the writ. R😎 Quote Link to comment Share on other sites More sharing options...
76229 Posted August 13, 2020 Share Posted August 13, 2020 5 hours ago, reids said: The only one preying upon others is Skidmore (the vulture) on behalf of California Estate. He should be denied permission for the writ. R😎 Can't they get him declared a vexatious litigant or something?! Or does US law not work like that? Quote Link to comment Share on other sites More sharing options...
PeaceFrogYum Posted August 14, 2020 Share Posted August 14, 2020 4 hours ago, 76229 said: Can't they get him declared a vexatious litigant or something?! Or does US law not work like that? California law does indeed allow for a dismissal based on vexatious litigation, however not sure if that would apply if petitioning the SCOTUS. Quote Link to comment Share on other sites More sharing options...
reids Posted August 14, 2020 Share Posted August 14, 2020 6 hours ago, 76229 said: Can't they get him declared a vexatious litigant or something?! Or does US law not work like that? Each time they (Skidmore and Malfoy) lose; they lose even more in credibility. They should just call it a day and go on... R😎 Quote Link to comment Share on other sites More sharing options...
sixpense Posted August 18, 2020 Share Posted August 18, 2020 Skidmore just can't take NO for an answer. Quote Link to comment Share on other sites More sharing options...
reids Posted August 18, 2020 Share Posted August 18, 2020 1 hour ago, sixpense said: Skidmore just can't take NO for an answer. It’s about the money. He has delusions of grandeur. What they are claiming are line cliches, as previously proven, which is ultimately why they keep losing, as they keep trying different approaches (losing credibility w/ the judges in each court). R😎 Quote Link to comment Share on other sites More sharing options...
zeplz71 Posted October 5, 2020 Share Posted October 5, 2020 That's all folks https://www.blabbermouth.net/news/supreme-court-declines-to-hear-copyright-dispute-between-led-zeppelin-and-spirit-over-stairway-to-heaven/ Quote Link to comment Share on other sites More sharing options...
reids Posted October 5, 2020 Share Posted October 5, 2020 1 hour ago, zeplz71 said: That's all folks https://www.blabbermouth.net/news/supreme-court-declines-to-hear-copyright-dispute-between-led-zeppelin-and-spirit-over-stairway-to-heaven/ Yay. Malfoy and co should pay for all of the damages & time wasted these many years trying to cash in on STH’s success. R😎 Quote Link to comment Share on other sites More sharing options...
chef free Posted October 5, 2020 Share Posted October 5, 2020 (edited) About time! The court ruled “We have never extended copyright protection to just a few notes,” the court held. “Instead we have held that ‘a four-note sequence common in the music field’ is not the copyrightable expression in a song.” Edited October 5, 2020 by chef free Quote Link to comment Share on other sites More sharing options...
Brigante Posted October 5, 2020 Share Posted October 5, 2020 Let's hope that judgement sets a precedent for future chancers and nerkers! And yes, make Malfoy and co. pay the court costs. Hey, fair's fair. Quote Link to comment Share on other sites More sharing options...
ZepDomi Posted October 5, 2020 Share Posted October 5, 2020 Amazing, 4 1/2 years after the original verdict, this is finally over. It's sad that it took this long. Quote Link to comment Share on other sites More sharing options...
Zep Hed Posted October 5, 2020 Share Posted October 5, 2020 They're still considering an appeal to the Milky Way Galactic Court! 😛 Quote Link to comment Share on other sites More sharing options...
mrlowry Posted October 5, 2020 Share Posted October 5, 2020 Does anyone else think that this case might have been holding up 50th Anniversary or live album plans and things will start moving again? Quote Link to comment Share on other sites More sharing options...
Giveroffire Posted October 5, 2020 Share Posted October 5, 2020 The most shocking aspect of all this is that I didn't think Stephen Colbert....being the musicologist that he is...could ever be wrong!! "They're screwed" - Stephen Colbert commenting on Zeppelin's fate on his Late Show. "Colbert is a dumbass." -Butthead (a real expert in the field of stupidity) Quote Link to comment Share on other sites More sharing options...
reids Posted October 5, 2020 Share Posted October 5, 2020 55 minutes ago, mrlowry said: Does anyone else think that this case might have been holding up 50th Anniversary or live album plans and things will start moving again? It’s been questioned on the forum. We’ll see. R😎 Quote Link to comment Share on other sites More sharing options...
SuperDave Posted October 5, 2020 Share Posted October 5, 2020 Glad it's finally over. If it had prevailed it would be really bad for the music industry. As a songwriter, you'd constantly be concerned about the music notes you have as part of a song and a few of them together might be similar to this song or that song. You'd think you could be sued at any time and the ambulance chasing lawyers would be all over it taking on these cases. Quote Link to comment Share on other sites More sharing options...
John M Posted October 7, 2020 Share Posted October 7, 2020 (edited) On 10/5/2020 at 4:15 PM, mrlowry said: Does anyone else think that this case might have been holding up 50th Anniversary or live album plans and things will start moving again? I look at it this way. The last release was TSRTS on September 7, 2018. The appeal in the lawsuit was granted September 28, 2018. Edited October 7, 2020 by John M Quote Link to comment Share on other sites More sharing options...
reids Posted October 7, 2020 Share Posted October 7, 2020 On 10/5/2020 at 6:33 PM, SuperDave said: Glad it's finally over. If it had prevailed it would be really bad for the music industry. As a songwriter, you'd constantly be concerned about the music notes you have as part of a song and a few of them together might be similar to this song or that song. You'd think you could be sued at any time and the ambulance chasing lawyers would be all over it taking on these cases. +1 exactly R😎 Quote Link to comment Share on other sites More sharing options...
Strider Posted October 8, 2020 Share Posted October 8, 2020 About time this farce was put to rest. Death to Malfoy. Quote Link to comment Share on other sites More sharing options...
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