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Money Grabbing Tactics Of Bands And Labels.



Posts: 38   Visited by: 91 users
30.12.2007 - 18:07
Marcel Hubregtse
Grumpy Old Fuck
Elite
Read the following message and weep:

"12/24/07

When international cult doom metal act YOB (Eugene, OR) broke up, singer/guitarist/visionary Mike S created Middian from YOB's ashes. Before the name was chosen, a careful online search was done, proving that no other active unit had the same name. The band worked hard, released the highly acclaimed album Age Eternal on Metal Blade Records, and toured the US.

In the Fall of 2007, Middian, their label, their booking agent, and a peripherally related online merchandise company were sent cease and desist orders from a seemingly defunct nu-metal band from Milwaukee, WI called Midian of Milwaukee LLC. At first, this seemed like a ludicrous joke. However, the Midian with one "D" were serious about defending their name, even though they hadn't released any proper albums or played outside of Wisconsin, and hadn't updated their website in several years - making the validity of their trademark highly questionable. At first Middian sought an agreement to co-exist peacefully. But Midian of Milwaukie LLC didn't want to co-exist (to the extent they even existed). With increased legal threats came the sad reality that it's very expensive to fight these kinds of lawsuits, even when the law and the facts are on your side. So Middian from Eugene agreed to give up their name, stop selling all merchandise that bore the mark, and peacefully co-exist under a new name.

Unfortunately, Midian of Milwaukee were not satisfied with a peaceful agreement. Neither were they satisfied when Middian's label Metal Blade dropped them in an effort to avoid legal hassle and expense. No, Midian of Milwaukee were after money--and a large settlement at that (we're talking tens of thousands...). There's a big problem though. Middian don't have that kind of money. They are three humble artists from Eugene, OR that write twenty-minute long doom metal epics that will never be played on the radio. Mike S has three children that he's supporting. Neither do the other members of the band have anything but cheap rent and low-paying jobs in a small town.

Given the choice of giving up to these unreasonable demands, or fighting on their own, Middian, their lawyer, and Nanotear Booking have decided to go to court and win this battle. It's a clear case of greed that must be squashed. But it will not come cheaply. That's why your donations are so desperately needed. Any support you can offer will go towards Middian's legal fund via this paypal account found at http://middian.org/donate

Please help at whatever level you can. You have our most humble gratitude, and will share in our victory over this tragic nonsense.

Kindest regards,

Middian and Nanotear"


Fucking hell Jesus H. Christ what the fuck is this world coming to. Read the message below and weep.

Bands such as the single D Midian are just in it for the money. And if they really wanted to get their name out why didn't they record anything? Why didn't go on a nation wide tour? Why haven't they updated their website in years.

I say fuck 'em, fuck 'em sidewyas, shun them, ignore 'em.

And the bit of integrity Metal Blade might still have had has surely gone down the drain now. Dropping a band to avoid legal hassles, bunch of pussy cowards they are. Weren't labels there to support their acts? Apparently not.

This in a year Metal Blade was gaining a bit of support from the true metal community again by re-releasing great classic stuff and signing Hail Of Bullets. And now they pull a chicken cowardy run on us.

I say a big middle finger to both Midian (the money grabbing assholes) and Metal Blade (what the fuck happenend to supporting your bands?)
----
Member of the true crusade against European Flower Metal

Yesterday is dead and gone, tomorrow is out of sight
Dawn Crosby (r.i.p.)
05.04.1963 - 15.12.1996

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30.12.2007 - 18:16
Sunioj
Wow, thats bloody terrible. This needs to be posted everywhere!
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30.12.2007 - 18:27
Lucas
Mr. Noise
Elite
This sucks. But also, I'd like to know how much their are going to receive for funds.
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SLUDGE. DOOM. DEATH. Wait, what?

"The reason I'm running for president is because I can't be Bruce Springsteen." - Barack Obama
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30.12.2007 - 18:29
Marcel Hubregtse
Grumpy Old Fuck
Elite
But what pissed me off the most is that Metal Blade dropped them in an effort to avoid legal hassle and expense.
----
Member of the true crusade against European Flower Metal

Yesterday is dead and gone, tomorrow is out of sight
Dawn Crosby (r.i.p.)
05.04.1963 - 15.12.1996

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30.12.2007 - 18:34
Stalker
Lone wanderer
I dont know the band, but this is bloody outrageous!! I hate those kind of people, they should burn! I really hope that 2d Middian will make it eventually...
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30.12.2007 - 18:44
Bararey
Winter is Coming
Elite
That was really low and pathetic claim from Midian, that's simply sad, of course they don't care about the legal name, they only want $$,, again simply pathetic!

Ah, the news drove me mad.... I tried to help as much as I can, I hope they win this case
----
"Rhaegar fought valiantly, Rhaegar fought nobly, Rhaegar fought honorably. And Rhaegar died."
Ser Jorah Mormont
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30.12.2007 - 19:07
GT
Coffee!!
Staff
Yeah it's pathetic by the unknown band and especially by the record company...haven't heard of either band but I've donated to help them win the case nonetheless
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Dreams are made so we don't get bored when we sleep
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30.12.2007 - 19:08
Bad English
Tage Westerlund
I dunno what say now ;o
----
I stand whit Ukraine and Israel. They have right to defend own citizens.

Stormtroopers of Death - ''Speak English or Die''
apos;'
[image]
I better die, because I never will learn speek english, so I choose dieing
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30.12.2007 - 22:24
b0000mst1ck
i'm curious as to why metalblade even dropped the band in the first place. i don't see a reason why they wouldn't support a band that's been faithful to them since being signed. no matter what the case, this situation calls for support considering the legal system in the US. but whatever, i was never really fond of metalblade as it is, and these guys obviously deserve better, regardless of what kind of music they play.

on the other hand i can understand why metalblade would want to avoid legal fees, etc., but what about giving for getting? i'm sure middian's done a fine job for metalblade's finances, so it's only fair to support a group that's done nothing but positive for you in the past. either way it's shady on metalblade's behalf.
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30.12.2007 - 22:27
Marcel Hubregtse
Grumpy Old Fuck
Elite
Written by b0000mst1ck on 30.12.2007 at 22:24

... i'm sure middian's done a fine job for metalblade's finances, so it's only fair to support a group that's done nothing but positive for you in the past. either way it's shady on metalblade's behalf.


I think that Middian sold way less than Metal Blade expected and that Metal Blade didn't want to renew their contract anyway so this thing helped them drop the band early.
But of coourse this is just all wild speculation from my side.
----
Member of the true crusade against European Flower Metal

Yesterday is dead and gone, tomorrow is out of sight
Dawn Crosby (r.i.p.)
05.04.1963 - 15.12.1996

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30.12.2007 - 23:42
b0000mst1ck
Written by Marcel Hubregtse on 30.12.2007 at 22:27

Written by b0000mst1ck on 30.12.2007 at 22:24

... i'm sure middian's done a fine job for metalblade's finances, so it's only fair to support a group that's done nothing but positive for you in the past. either way it's shady on metalblade's behalf.


I think that Middian sold way less than Metal Blade expected and that Metal Blade didn't want to renew their contract anyway so this thing helped them drop the band early.
But of coourse this is just all wild speculation from my side.

i also thought about that, and it could be the case. but nonetheless, offering their support (as pathetic as these claims are) is only morally correct.
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30.12.2007 - 23:59
Warman
Erotic Stains
Oh man that's awful! Seriously makes me mad!!!
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31.12.2007 - 00:00
Taktsekte
Your Ad Here!
This wouldn't have happened if they had renamed themselves "Middian of Fire" in the first place...
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31.12.2007 - 00:04
b0000mst1ck
Written by Taktsekte on 31.12.2007 at 00:00

This wouldn't have happened if they had renamed themselves "Middian of Fire" in the first place...

lol. if they did i bet this would definitely make the "best drama of 2007" award.
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31.12.2007 - 00:22
Skeggjadr
Account deleted
I just had a look at Midian's shitspace... according to them:

"Midian has always exerted itself to the fullest, dedicated to becoming an influential and respected part of the extreme music scene"

...and...

"The band spent the next year supporting this demo, appearing with many local and international bands, and earning the respect of many industry minds"

...oh and also this hilarious little statement...

"While Midian has moved beyond "garage band" status, they still strive to affect more minds and touch more souls with their musical offering. This challenge they meet head on."

Which is of course why MIDDIAN were signed and they wern't. I think they're just jealous. They sound like idiots. They're crap too.

Then a quick look on the MIDDIAN site:

"We played Milwaukee in May, and no one there even mentioned a local band Midian of one "d". Nor did one of their "fans" come to the show"

I really hope these guys win the legal battle. They sound pretty good as well, it's not what I'd usually listen to, but at least it's not some arrogant, greedy pricks who think they're really metal. Trying to make money like this, from another bands hard work, is not the metal way.
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31.12.2007 - 01:31
BitterCOld
The Ancient One
Admin
pardon my "french" but Fuck Midian with one d. screw them, screw their label, screw their lawyers, and screw Metal Blade for not having the cajones to stand by one of their artists.
----
get the fuck off my lawn.

Beer Bug Virus Spotify Playlist crafted by Nikarg and I. Feel free to tune in and add some pertinent metal tunes!
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31.12.2007 - 01:40
Marcel Hubregtse
Grumpy Old Fuck
Elite
Written by BitterCOld on 31.12.2007 at 01:31

pardon my "french" but Fuck Midian with one d. screw them, screw their label, screw their lawyers, and screw Metal Blade for not having the cajones to stand by one of their artists.


Okay that's the spirit, Bitter Old Man, I am still pissed off as well. Fuck 'em all.
----
Member of the true crusade against European Flower Metal

Yesterday is dead and gone, tomorrow is out of sight
Dawn Crosby (r.i.p.)
05.04.1963 - 15.12.1996

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31.12.2007 - 02:55
Stigmatized
..........
Pretty sad to see really. If they were a true band they would let their music speak for them, not lawyers.
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31.12.2007 - 03:10
Lord TJ
Fucking selfish pricks. This is not what metal should be about!

Check back on the site guys, there has been new information posted.



"Middian may not be dead after all........

As many of you know, Middian received a cease and desist demand in October from Midian of Milwaukee LLC. This demand required Middian to stop using our name completely, stop selling our album, and further demanded that all of our recorded cds and albums be destroyed. Middian was served a cease and desist by a band that has never played outside of Wisconsin, hasn't put out a single record, or had a steady line up in the last 7 years. They hadn't even updated their website since year 2000, as of a few weeks ago. We played Milwaukee in May, and no one there even mentioned a local band Midian of one "d". Nor did one of their "fans" come to the show.

Prior to this demand, we had never heard of them. Upon further research into the group, we discovered they had not used their name or trademark in years or even played outside of Wisconsin, ever. Our initial response was that our bands could peacefully co-exist. Especially since we learned that our usage combined with their non-usage entitled us to the name, rendering their trademark useless. But we felt it would be wasting everyones time and money to send the issue to litigation. Besides, before the name Middian was chosen, a careful online search was done, proving that no other active unit had the same spelling.

Instead of responding or agreeing to our offer of co-existence, they filed a federal suit against the three of us individually, our label (Metal Blade, who dropped us because of the suit), our booking agent Nanotear Booking, and an online merchandiser we had never even heard of until we saw the complaint.

We sent them word that we would give the name up and even agreed to some other demands that seemed unreasonable, simply because we're not in a financial position to fight it.

They refused to accept our settlement, demanding we pay them tens of thousands of dollars. By right of actual usage worlwide, the name Middian is ours. Regardless of that we have no choice but to FIGHT and defend ourselves in court. We intend to strip them of their trademark and deny them their unfair demands of money and of our music.

We're humbly asking for YOUR help. Spread the word far and wide, to wherever you can. If you can afford it, please donate some money to our defense fund. We're going to have A LOT of legal fees and we're simply not in a position to pay for it by ourselves.

We would like to thank everyone that has sent us messages. The underground metal community's love has simply been overwhelming.

With your help and support, Middian will stand triumphant against this truly evil attack on our persons and families.

Mike, Scott, Will, and Nanotear Booking.
MIDDIAN"
----
Visit the "Black Metal Page" on facebook, my page delivers everything black metal - Memes - Music - Humor - Interviews - Discussion.

https://www.facebook.com/TheBMPage
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31.12.2007 - 21:47
necrovamp
hm theyd better be carefull, in pretty much all cases like this during the years the unkown band wins the case, just take rhapsody of fire and other such bands. though i support middian all the way. i belive they shall prevail.
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'I'd rather die than go to heaven' - Murderface
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31.12.2007 - 22:36
Marcel Hubregtse
Grumpy Old Fuck
Elite
Written by necrovamp on 31.12.2007 at 21:47

hm theyd better be carefull, in pretty much all cases like this during the years the unkown band wins the case, just take rhapsody of fire and other such bands. though i support middian all the way. i belive they shall prevail.


There are cases that the known band has won, so I can see it going either way. And as far as I remember Rhapsody didn't go to court over and decided to settle it outside of court.
----
Member of the true crusade against European Flower Metal

Yesterday is dead and gone, tomorrow is out of sight
Dawn Crosby (r.i.p.)
05.04.1963 - 15.12.1996

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31.12.2007 - 22:48
necrovamp
Written by Marcel Hubregtse on 31.12.2007 at 22:36

Written by necrovamp on 31.12.2007 at 21:47

hm theyd better be carefull, in pretty much all cases like this during the years the unkown band wins the case, just take rhapsody of fire and other such bands. though i support middian all the way. i belive they shall prevail.


There are cases that the known band has won, so I can see it going either way. And as far as I remember Rhapsody didn't go to court over and decided to settle it outside of court.


hm that is a good point you have there and is true, i still hope middian win though.
----
'I'd rather die than go to heaven' - Murderface
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03.01.2008 - 05:58
Lord TJ
I don't see why they would lose, they have all the proof they need and everything.
----
Visit the "Black Metal Page" on facebook, my page delivers everything black metal - Memes - Music - Humor - Interviews - Discussion.

https://www.facebook.com/TheBMPage
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25.01.2008 - 11:47
Doc G.
Full Grown Hoser
Staff
Obviously this one 'D' Midian just want money, obviously if they were actually in it for the music they wouldn't sully any name they had by attempting this. Look at Metallica, they sued there fans and lost a lot of respect, now try suing a somewhat major band before your career has even started. Obviously its a grab for money, hopefully the courts will recognize this.
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"I got a lot of really good ideas, problem is, most of them suck."
- George Carlin
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01.06.2009 - 02:31
BitterCOld
The Ancient One
Admin
This still pisses me off. i hope Midian dies in a fire. but only after getting ass cancer, losing their hair with years of chemotherapy, only to recover from cancer and thinking they are in the clear.
----
get the fuck off my lawn.

Beer Bug Virus Spotify Playlist crafted by Nikarg and I. Feel free to tune in and add some pertinent metal tunes!
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01.06.2009 - 05:14
Ascendant187
Written by BitterCOld on 01.06.2009 at 02:31

This still pisses me off. i hope Midian dies in a fire. but only after getting ass cancer, losing their hair with years of chemotherapy, only to recover from cancer and thinking they are in the clear.

Could they choke on a skittle too?
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01.06.2009 - 07:25
Doc G.
Full Grown Hoser
Staff
Written by Ascendant187 on 01.06.2009 at 05:14

Written by BitterCOld on 01.06.2009 at 02:31

This still pisses me off. i hope Midian dies in a fire. but only after getting ass cancer, losing their hair with years of chemotherapy, only to recover from cancer and thinking they are in the clear.

Could they choke on a skittle too?

No, because skittles taste good. Perhaps choking on a mound of dogshit would be more deserving.

I'm going on myspace and posting a message on their message board, try and convince other people to look into this, I'll post a screenshot of my message once I post it.
----
"I got a lot of really good ideas, problem is, most of them suck."
- George Carlin
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01.06.2009 - 07:47
BitterCOld
The Ancient One
Admin
Written by Doc G. on 01.06.2009 at 07:25


No, because skittles taste good. Perhaps choking on a mound of dogshit would be more deserving.

I'm going on myspace and posting a message on their message board, try and convince other people to look into this, I'll post a screenshot of my message once I post it.


for those about to rock, i salute you.
----
get the fuck off my lawn.

Beer Bug Virus Spotify Playlist crafted by Nikarg and I. Feel free to tune in and add some pertinent metal tunes!
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01.06.2009 - 08:41
Doc G.
Full Grown Hoser
Staff
Written by BitterCOld on 01.06.2009 at 07:47

Written by Doc G. on 01.06.2009 at 07:25


No, because skittles taste good. Perhaps choking on a mound of dogshit would be more deserving.

I'm going on myspace and posting a message on their message board, try and convince other people to look into this, I'll post a screenshot of my message once I post it.


for those about to rock, i salute you.

Fuck! Their profile requires them to approve every message before posting, I wonder why?
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"I got a lot of really good ideas, problem is, most of them suck."
- George Carlin
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01.06.2009 - 12:33
Bas
Retired Staff
Elite
Written by BitterCOld on 01.06.2009 at 02:31

This still pisses me off.


Wow this whole story happened well over a year ago by now, how come you dug this out?

By the way the lawsuit should now be long past, does anyone know who won?
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BAS - Beautifully Accented Sexiness
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