Unless this is an elaborate hoax (and from visiting the bands websites it looks genuine) this has to be just about as good an example of fame detaching people's minds from reality as I've seen.
MONTREAL - Metallica are taking legal action against independant Canadian
rock band Unfaith over what they feel is unsanctioned usage of two chords
the band has been using since 1982 : E and F.
"People are going to get on our case again for this, but try to see it from
our point of view just once," stated Metallica's Lars Ulrich. "We're not
saying we own those two chords, individually - that would be ridiculous.
We're just saying that in that specific order, people have grown to
associate E, F with our music."
Metallica filed a trademark infringement suit against the indie group at the
US district court for central California on Monday. According to the
drummer, the continued use of the two chords causes "confusion, deception
and mistake in the minds of the public".
Metallica's lawyer, Jill Pietrini, told us that the band decided to take
legal action only after first sending a letter of complaint to the Canadian
band's singer/songwriter, Erik Ashley.
"We sent a demand letter and haven't reached a resolution, so we had to
sue," she said. "They continue to shamelessly feature the two chords on
their website song samples and we just can't have that."
Ashley, in the meantime, is still shocked by the entire story, and hasn't
yet decided how the band will respond.
"I thought it was a prank at first," he told us. "Now I'm not sure what to
think."
Ulrich states that he's not trying to prevent Unfaith from using the two
chords, only that he feels Metallica should be credited for them whenever
used, and is calling for 50% of all revenue generated from any song using
them.
"It's nothing personal against them," he added. "We intend to enforce our
rights with any band intending to use Metallica-branded chords in the
future."
This marks the first time anything of this kind has ever been tried in
court, and it will be interesting to see how things develop.
Metallica's website has issued an official statement on the suit
here. Unfaith's official website hasn't officially
responded at print time.
-Joe D'Angelo
― ArfArf, Thursday, 17 July 2003 10:47 (twenty-two years ago)
...and the case would go something like this:
Defense: "but our Clients, the members Unfaith, used 16th notes, where Metallica uses 8th notes. Ergo, despite allegedly using the same key, it was different notes. I move this case be thrown out."
Prosecution: "So you admit they used the E-Chord"
Defense: "Nonsense, I admit Unfaith used 16th notes."
Prosection: "A-HA!
(*ruffles through pages of Metallica sheet music*) I have proof that Metallica used a 16th note in the key of E long before Unfaith...."
(*at this point, Motörhead, the Misfits and Chris Issak come in and demand a countersuit for plagarism be filed*)― Lord Custos Epsilon (Lord Custos Epsilon), Thursday, 17 July 2003 11:53 (twenty-two years ago)