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jim6225

Lawsuit over Stairway to Heaven

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This is one case they should win and deserve to win. But, and I hate to say this, but here goes... This lawsuit wouldn't have had any traction at all if there weren't numerous examples of improper credits in their catalog.. It would have been laughed right out of the Court.. Live and learn.  

I also hate to see the late Randy California's name being pulled into this. The man drowned saving his son almost 20 years ago and as far as I know isn't involved in this lawsuit whatsoever... That is not directed at Jimmy or Robert either. 

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12 hours ago, KellyGirl said:

Thank you for posting the article Kiwi!  

It's looking sad for Randy's camp as we draw in closer to the trial.  Soooo the V E R Y
small part of the two songs that have been pointlessly argued about was found in a
piece written as far back as the 1700s?!?  Well jeez duh eh.  C'mon Judge toss the case
out.

I do have to give him mad props for putting his foot down on a lot of things though. The
plaintiff wanting  to drag Jimmy's name through manure by focusing on his past alcohol
and drug addictions, uh ermm -_- NO! In otherwords chalk it up that Jimmy's memory can't
be reliable, so therefore he has to be confused/lying in his testimony.  Pfft 
they can piss off
with that turd talk.  Jimmy's mind is sharp.

I say they fold their hand, stand up from the table and walk away.  Enough with the attempts
being made on trying to get an undeserving fat payout /windfall from Zep

You're very welcome, Kelly! :) Spirit has no case and you're right, this case needs to be dismissed, as soon as possible! This case has its foundations around the art of splitting hairs unnecessarily and of course, money grabbing! *sigh! :slapface: 

Also, we all should thank fellow Zep Head, Stairway is NOT Stolen, for finding out about that Italian composer! B) 

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11 hours ago, Balthazor said:

If Zeppelin wins this, which they absolutely should, then I'd love to see them turn around and sue Spirit for defamation. I doubt it'll happen, but I'd enjoy it immensely.

:yesnod: 

So will I. 

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If they'd tried to pull a legal caper like this back in the heyday of Zeppelin, it wouldn't have even got to court... aside from Steve Weiss killing it where it stood in advance, the Spirit people would likely have gotten a visit from Peter Grant and Richard Cole (maybe John Bindon too), and the case wouldn't be the only thing thrown out the window!!!

Ah, them were the days B).

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^^^

Oh so very true.  Led Zeppelin had the right people in their back pocket at all the right
times.  i. e. '73 with their funds stolen?  It would've been a cake walk for authorities
searching a hotel suite to have found drug du jour.  Someone in Zeps camp was wise
enough to get rid of that stuff - and was it not Peter who made sure they got Lori the
hell outta of Pagey's room?  They definitely had some tricks up their sleeves.  Amazing that
1977 didn't result in some kind of drug bust.  Then again that year had its share of tragedy.
The band didn't need to pour more gasoline on the fire.  Flash forward to 2016.  The
Starship  and Caesar's Chariot  would have kept the airport pooches busy. 
:lol: Zep were
lucky they did their "thing" back then.


Back to this plagiarism case - I don't doubt Peter Grant alive would do some good,  but I don't
believe something 'underhanded' would need to be done in order for Zep to win.  Nah the
evidence is there that proves it should get tossed out.  Waste of time.  Could the judge end
up doing this?  Why not?  If  there's no reason to have a trial then by all means don't. 

 

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1 hour ago, KellyGirl said:

 If  there's no reason to have a trial then by all means don't. 

Whatever happens in this case the lawyers will still have to be paid - they're usually the only real winners when this sort of litigation comes up.

Some good may come of the whole situation if the case is thrown out though.  It could start to close the door on the sort of spurious crap that the Thicke ruling opened up - possibly one of the most damaging rulings in music copyright history.

Gotta see the bright side somehow!

Edited by woz70

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On 5/3/2016 at 6:48 PM, luvlz2 said:

What a piece of work this lawyer is. He says he used to be a fan, but then calls Led Zeppelin unoriginal and a cover band. This article sheds some light on how sketchy this lawyer is.

 

Also, the Infringed Song Chart taken from the lawsuit amounts mostly to hearsay. Only 7 of 17 songs listed are proven to have seen legal proceedings. I could say "No Action Taken" on any Zep song. I'm glad the judge ruled no previous settlements/legal proceedings  were inadmissible.

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Another witness for Plaintiff side. I summarized it.

https://www.scribd.com/doc/311969841/Francis-Malofiy-Declaration-Skidmore-v-Led-Zeppelin-Stairway-to-Heaven-lawsuit

https://www.scribd.com/doc/311969840/Order-Granting-Plaintiff-s-Motion-For-Leave-Skidmore-v-Led-Zeppelin-Stairway-to-Heaven-lawsuit


On April 19, 2016, Plaintiff Michael Skidmore ("Skidmore") received an unsolicited email from
an English rock and roll photographer by the name of Mike Ware. That email is attached as
Exhibit 1 to this Declaration. He informed Mr. Skidmore that he attended a Spirit show in 1970
at Mothers Club at Birmingham, England, at which time he saw Plant seated in the first row of
the arena as a fan watching Spirit perform. In his email to Skidmore, Ware wrote: "Truth will
out, and I think that Plant and Page have dug a very big hole by lying about their relationship
with Spirit. They were big fans, as I witnessed in 1970 at Mothers Club, Birmingham because
Robert Plant was in the front row watching the band." Ware told Plaintiff’s counsel on the
phone that Plant was "thoroughly enjoying himself."


On April 20, 2016, Plaintiff’s counsel contacted Mr. Ware to seek to verify whether his version of
events was credible. Mr. Ware provided numerous details that led counsel to conclude he was
telling the truth, including that he specifically remembered the show because he hitchhiked
over 100 miles to get to Mothers Club with a friend and that the friend took ill after the first
song and spent the night in the bathroom. Mr. Ware also accurately described the layout of
Mothers Club. Mr. Ware informed Plaintiff’s counsel that he is willing to testify at the trial but
he is an elderly gentleman who lives in England and suffers from Parkinson’s disease, which
makes it impossible for him to travel.


IT IS HEREBY ORDERED

That Plaintiff’s Motion be and hereby is GRANTED and that Plaintiff may take the videotape
deposition of Michael Ware or in the alternative have Mr. Ware testify by way of video
conference at trial.


**********************************************************************************


The mans word is gospel because 1) while watching Robert, Robert never looked bored, 2) his
friend used the bathroom a lot that night,  3) he can describe the layout of the club -
therefore it must mean Jimmy and Robert stole the intro to Stairway.
:huh:  Whatever Francis...

Was Robert Plant that  big of a rockstar in '70 that somebody would've been paying attention
to his body language and facial expressions at a small gig 45+ years ago and remembering? If
this was even a couple years later in the 70s when Zeppelin became H U G E,  I could see someone
'watching'  Robert.  And do people not ever 'fake' having a good time? Or maybe he looked like that
because he had a good buzz going on.
B)I'm sure the guy is being honest per se, but the testimony
sounds a bit silly. What happens if somebody can also 'prove' being there, yet says they remember
Robert Plant looking bored ZZzzz?

Edited by KellyGirl

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19 hours ago, KellyGirl said:

 

The mans word is gospel because 1) while watching Robert, Robert never looked bored, 2) his
friend used the bathroom a lot that night,  3) he can describe the layout of the club -
therefore it must mean Jimmy and Robert stole the intro to Stairway.
:huh:  Whatever Francis...

Was Robert Plant that  big of a rockstar in '70 that somebody would've been paying attention
to his body language and facial expressions at a small gig 45+ years ago and remembering? If
this was even a couple years later in the 70s when Zeppelin became H U G E,  I could see someone
'watching'  Robert.  And do people not ever 'fake' having a good time? Or maybe he looked like that
because he had a good buzz going on.
B)I'm sure the guy is being honest per se, but the testimony
sounds a bit silly. What happens if somebody can also 'prove' being there, yet says they remember
Robert Plant looking bored ZZzzz?

All of a sudden, this new "witness" pops up. lol. Seems so shady. Good points KellyGirl.

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21 hours ago, cosmic_juice said:

Taurus is an instrumental... Plant is the Singer/lyricist... Page wrote the music... So Plant being at the show proves what?

Another pocket to pick.

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On May 9, 2016 at 11:49 AM, KellyGirl said:

Another witness for Plaintiff side. I summarized it.

https://www.scribd.com/doc/311969841/Francis-Malofiy-Declaration-Skidmore-v-Led-Zeppelin-Stairway-to-Heaven-lawsuit

https://www.scribd.com/doc/311969840/Order-Granting-Plaintiff-s-Motion-For-Leave-Skidmore-v-Led-Zeppelin-Stairway-to-Heaven-lawsuit


On April 19, 2016, Plaintiff Michael Skidmore ("Skidmore") received an unsolicited email from
an English rock and roll photographer by the name of Mike Ware. That email is attached as
Exhibit 1 to this Declaration. He informed Mr. Skidmore that he attended a Spirit show in 1970
at Mothers Club at Birmingham, England, at which time he saw Plant seated in the first row of
the arena as a fan watching Spirit perform. In his email to Skidmore, Ware wrote: "Truth will
out, and I think that Plant and Page have dug a very big hole by lying about their relationship
with Spirit. They were big fans, as I witnessed in 1970 at Mothers Club, Birmingham because
Robert Plant was in the front row watching the band." Ware told Plaintiff’s counsel on the
phone that Plant was "thoroughly enjoying himself."


On April 20, 2016, Plaintiff’s counsel contacted Mr. Ware to seek to verify whether his version of
events was credible. Mr. Ware provided numerous details that led counsel to conclude he was
telling the truth, including that he specifically remembered the show because he hitchhiked
over 100 miles to get to Mothers Club with a friend and that the friend took ill after the first
song and spent the night in the bathroom. Mr. Ware also accurately described the layout of
Mothers Club. Mr. Ware informed Plaintiff’s counsel that he is willing to testify at the trial but
he is an elderly gentleman who lives in England and suffers from Parkinson’s disease, which
makes it impossible for him to travel.


IT IS HEREBY ORDERED

That Plaintiff’s Motion be and hereby is GRANTED and that Plaintiff may take the videotape
deposition of Michael Ware or in the alternative have Mr. Ware testify by way of video
conference at trial.


**********************************************************************************


The mans word is gospel because 1) while watching Robert, Robert never looked bored, 2) his
friend used the bathroom a lot that night,  3) he can describe the layout of the club -
therefore it must mean Jimmy and Robert stole the intro to Stairway.
:huh:  Whatever Francis...

Was Robert Plant that  big of a rockstar in '70 that somebody would've been paying attention
to his body language and facial expressions at a small gig 45+ years ago and remembering? If
this was even a couple years later in the 70s when Zeppelin became H U G E,  I could see someone
'watching'  Robert.  And do people not ever 'fake' having a good time? Or maybe he looked like that
because he had a good buzz going on.
B)I'm sure the guy is being honest per se, but the testimony
sounds a bit silly. What happens if somebody can also 'prove' being there, yet says they remember
Robert Plant looking bored ZZzzz?

Big question, after 45 years how could he be sure it was Robert? Bigger question (not wanting to come off as a dick), the man has Parkinson's, a disease which affects both memory and general cognition. Any lawyer would nullify this testimony based on those facts alone.

What's next? They gonna drag out the 105 year old cleaning lady from the Chateau Marmot who will testify she saw Robert pass Randy California in the hall in 1968?

Edited by IpMan

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1 hour ago, IpMan said:

Big question, after 45 years how could he be sure it was Robert? Bigger question (not wanting to come off as a dick), the man has Parkinson's, a disease which affects both memory and general cognition. Any lawyer would nullify this testimony based on those facts alone.

What's next? They gonna drag out the 105 year old cleaning lady from the Chateau Marmot who will testify she saw Robert pass Randy California in the hall in 1968?

I know a guy, first met him when we were 11 years old, we are both 59 now, he has  Parkinson's  Disease, he had it before I knew him, I saw him last week,  Part from being a little eccentric he's doing fine. So don't  bet on a Lawyer trying to nullify this witness's testimony.

Edited by JTM

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Ha-ha-ha  o m g attorney for the plaintiff Francis is such a giant turd. He wanted Jimmy to
play Stairway To Heaven in court? His goal was for the jury to hear something similar
between the 2 songs I bet,  but c'mon you don't need Jimmy to be the person to do that. A
qualified guitarist anywhere in the U S A can play what's needed to be demonstrated to the
jury.  There's no need for airfare between Heathrow and L A X by the band members.

And what's with the plaintiff witness Michael Ware? So he claims to have hiked 100 miles
with his friend to watch Spirit. He says he watched Robert Plant having the time of his life at
the show. I assume his friend can NOT vouch for this because after the first song he spent the
evening in the bathroom.  Sooo are there pictures, audio or video of Plant mouthing the words

"Man I'm having a great time!  Love this effin' band Spirit... Wow this song Taurus could help 
Jimmy and I out
" ??  Probably not,  so nothing he says can equate to plagiarism.  Just because
 he can describe the club layout doesn't mean that Plant was in the audience acting as if Spirit
was equal to the Second Coming.  I am sure a lot of people can also describe what the club looks/ed
like inside. Still doesn't prove that Robert Plant was secretly hatching out a plan with Jimmy Page
to steal music from them
.

**************************************************************************
JTM, lpMan

While people with Parkinson's may have symptoms that vary. The memory can sometimes
be impacted for some people. I'm not saying this mans memory is questionable, but I would
think if they are serious about his testimony any unbiased medical doctor would be able to
vouch for him one way or another. I just think his testimony is very "He said this, while
the other person said that"  More opinion than actual  fact on what he believes Robert thinks
about Spirit's music. 

Edited by KellyGirl

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3 hours ago, KellyGirl said:

Ha-ha-ha  o m g attorney for the plaintiff Francis is such a giant turd. He wanted Jimmy to
play Stairway To Heaven in court?

Look on the bright side, Kelly; if Jimmy absolutely has to play it in court like he did back in the day, maybe he'll come in dressed in the poppy suit - or dragon suit, it's his prerogative - wired out on coke, with the double-neck Gibson in hand and a Marshall amp all ready to go... I'd kill  to be a juror in that circumstance, wouldn't you???

:lol:

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This is all pointless anyhow. The defense should not depend on whether or not Plant was where or whether Page did or didn't own a Spirit record. Even if they did hear Taurus and go "hey that guitar part sounds cool, let's do something like that," who cares? That's not plagiarism. That's a total redefinition of plagiarism. Not only are they obviously very different songs, but the guitar part in question is even different. Heart admits to swiping the riff from Achilles Last Stand for Barracuda,  but nobody cares, they're totally different songs. That should be the defense, not this piddly crap. I hope Zeppelin's lawyers don't get bogged down with this piddly crap.

Edited by Balthazor

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4 hours ago, KellyGirl said:

Ha-ha-ha  o m g attorney for the plaintiff Francis is such a giant turd. He wanted Jimmy to
play Stairway To Heaven in court? 

 

20 minutes ago, The Old Hermit said:

Look on the bright side, Kelly; if Jimmy absolutely has to play it in court like he did back in the day, maybe he'll come in dressed in the poppy suit - or dragon suit, it's his prerogative - wired out on coke, with the double-neck Gibson in hand and a Marshall amp all ready to go... I'd kill  to be a juror in that circumstance, wouldn't you???

:lol:

Hmmm...maybe that's what this lawsuit is all about. Perhaps the attorney made a huge bet with his friends that he could get Jimmy to play again. :o:P 

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