Loading...
Welcome to Anarcho-Punk.net community ! Please register or login to participate in the forums.   Ⓐ//Ⓔ

Old Anarcho Punks never Die, they turn into Capitalist Peices of Shit!

Discussion in 'Music, punk scene & subcultures' started by punkmar77, Feb 12, 2010.

Thread Status:
Not open for further replies.
  1. punkmar77

    punkmar77Experienced Member Staff Member Uploader Admin Team Experienced member


    5,720

    171

    716

    Nov 13, 2009
     United States
    As some of you might or might not know I play in a reformed version of Diatribe with the original Vocalist and a new line up. In the last couple of years Vinnie had the original Aftermath Tape re- released on Revenge Records with help and support from Kawakami of the Japanese band 'Disclose'. Vinnie asked for no money and signed no contracts and did everything on a word. Somewhere along the way the bands original guitarist found out about the re-issue and demanded both money and a contract from Get Revenge records. His name is Julius Martinez and he co-founded the band and wrote the majority of the Lyrics, though the songs were fleshed out and the music was developed by all four original members. Diatribe has friends all around the world mostly due to Vinnie keeping the music alive and in the minds of fellow D-beat enthusiasts. After his best friend Rob died suddenly and left him without a band I decided it would be great to bring him out of his depression and try to reform Diatribe. None of the original members were interested in reforming so we found two other people and began rehearsals. After a few weeks of playing the classic songs it sounded great and many friends were excited and booked us a show. Because of the efforts of many people a buzz was created through local 'zines and word of mouth about the show. Thats when the drama started. We've been threatened with legal action if we play, and Julius has been sending threats and cyberstalking the two new women in the band, here is the latest e-mail he sent today to our guitarist Diana Death:



    For the subject line he wrote, "Why should I let you play?"
    Diana, I'm glad you are having fun playing my songs. But, Um.....No. I won'tbe joining in because that would give legitimacy to this.
    I was talking to the Diatribe bass player Sean the other day. He told me and"copying what you did is a form of flattery" and "this is nothing more thana misguided tribute band." I think he has a point. After all, no one in thisunauthorized incarnation of Diatribe wrote any of the Diatribe songs. Sosince none of you wrote any of the material this is nothing more than acover band. And I thought, is this what this has become, a tribute band tofile on the shelf along side The Cured and Led Zeppagain? LOL. :-D
    I'm still contemplating how much pressure I am going to exert on shuttingyou guys down. Make no mistake about it, I can shut your project downanytime I choose to do so using legal means. If I do that the only place youwill be able to play is at Cherry Pitt's rehearsal studio that you guyspractice at, or maybe at a backyard party. It just depends on how muchtrouble and expense I want to go to right now. So maybe I will allow you topractice your hearts out until the 25th and then let you get a call fromHeather Hardcore that there is a last minute problem and you can't play atthe Radio Room. Or maybe I let you play a show for my own amusement so myego can be stroked.
    ¿Digame, Diana, que debo hacer? Since you have personally invested all thisenergy into learning and executing the material you obviously have a vestedinterest in wanting the show to go forward. Can you make a case to me aboutwhy I should let you guys play?


    Vinnie is the original vocalist, how is this a tribute Band? They didn't want anything to do with him or the project until it gathered steam? Is this how Anarcho Punks act when they forget what they used to believe in? We are not asking for money for the show, nor would we sell anything that didn't belong to us. We just want to play and celebrate the music and continue where the band left off 25 years ago.
     

  2. disfuck

    disfuckExperienced Member Experienced member Forum Member


    366

    0

    0

    Sep 11, 2009
     
    wow , thats all i have to say
     
  3. ungovernable

    ungovernableAutonome Staff Member Uploader Admin Team Experienced member


    4,337

    63

    24

    Aug 21, 2009
    Male, 34 years old
    Canada United States
    woah yeah it's a shitty story, really not cool but unfortunatly it's not the first time i hear of some similar bullshit in the punk scene
     
  4. PitGirrrl

    PitGirrrlMember New Member


    5

    0

    0

    Feb 7, 2010
     
    ugh. i'm sorry to hear that man.
    you know what i've noticed, is that there is almost always that one person that is going to try to stop the music. they call the cops, the lawyer, etc. because they don't want anyone doing anything good, anything that makes other people happy. all that selfishness will bite 'em in the ass one day :D
     
  5. Ivanovich

    IvanovichExperienced Member Experienced member Forum Member


    676

    2

    6

    Jan 31, 2010
     
    Just write some more songs. As far as copyright goes, they can stop recording/publishing the old songs, but there not much they can do to stop playing a few live.
     
  6. Rathryn

    RathrynExperienced Member Experienced member Forum Member


    853

    0

    0

    Oct 21, 2009
     
    I smell something shitty... it smells kinda like... I dunno... jealousy maybe :ecouteurs:
     
  7. Bananaman

    BananamanExperienced Member Experienced member Forum Member


    294

    1

    3

    Aug 9, 2009
     
    Can he really legally prevent you from playing? Do songs have a copyright? That guy sounds bitter but is there anything he could do to prevent the band from playing?
     
  8. sociopop82

    sociopop82Experienced Member Experienced member


    95

    0

    4

    Sep 3, 2009
     
    you know what?
    i think you can only claim rights to selling the music in a format.
    I have seen bands get a drift of a more well know bands playing the same chords
    as one of their own songs on the radio.
    Listen to the unseen's "no evacuation" bass line
    then listen to FOB's "dance,dance"
    same thing.

    what im saying is you can't copy write chords.

    i guess i could see some trouble in, y'know, playing the exact songs
    but did this guy write any thing? was he really that much of a discerning force in Diatribe's
    legacy?

    and my last point..
    what "we dont get payed until you win" hack of a lawer is going
    to take up this challenge? ( :ecouteurs: probably quite a few)
    err
    uh
    maybe he's just mad that you didnt ask him to join for the rebirth?
    :D
     
  9. Rathryn

    RathrynExperienced Member Experienced member Forum Member


    853

    0

    0

    Oct 21, 2009
     
    I think he actually did, but the guy declined o_O
     
  10. Ivanovich

    IvanovichExperienced Member Experienced member Forum Member


    676

    2

    6

    Jan 31, 2010
     
    Yeah, songs have copyright, but not practical to try stop live performance, I mean what they gonna do, have customs and excise at every gig just in case someone plays a cover? I really don't see how anyone can stop the band playing at all, all they can do is step up and say 'no' if the band plays a particular song, and it just aint worth the trouble, and all this talk about cops? That's a joke, it aint a criminal offence.
     
  11. punkmar77

    punkmar77Experienced Member Staff Member Uploader Admin Team Experienced member


    5,720

    171

    716

    Nov 13, 2009
     United States
    Wow people, all I can say is thank you. :ecouteurs: I wasn't exactly sure what reaction the post would get and wasn't sure I wanted to make our end of this situation public in the first place, but last week Julius went public in the 'San Diego City Beat' weekly and said some very hurtful and mean-spirited things about Vinnie that were complete falsehoods. It's all drama that I would rather not even have to deal with but when I'm in that d-beat pocket and the girls are hammering out those chords all this other distractive bullshit is meaningless. I will continue to re-post his veiled threats on here because this community's opinions matter more to me than anything he has to say.

    Again, thank you for the words of encouragement.
     
  12. Bananaman

    BananamanExperienced Member Experienced member Forum Member


    294

    1

    3

    Aug 9, 2009
     
    But, the question remains... Is he just a bitter man with nothing better to do in life or can he hurt the project for real... to me it seems that he is just a bitter old man that can't do anything of significance, somebody you shouldn't bother with...
     
  13. vinniefono

    vinniefonoMember Forum Member


    15

    0

    3

    Nov 12, 2009
     United States
    Just wanted to say thanks for all the comments about this bullshit.I just wanted to play the music punks have been asking me to play over the last 25 years.
     
  14. punkmar77

    punkmar77Experienced Member Staff Member Uploader Admin Team Experienced member


    5,720

    171

    716

    Nov 13, 2009
     United States
    Well Bananaman it remains to be seen, Vinnie has absolute performance rights so we can definately play the songs, what remains to be seen is if we can perform as Diatribe or under adverse circumstances play with a modified name such as 'Diatribe Punks'.

    Well we're playin but our name has been removed from the line up as of five minutes ago.....the club was threatened with legal actions......
     
  15. Rabbit

    RabbitExperienced Member Experienced member Forum Member


    203

    0

    0

    Oct 26, 2009
     
    What about 'Diatribes'? I think any difference should be enough legally. Either way, fuck that prick. I'd been hoping that bullshit band drama was a high school thing...
    Anyway, I think worst case you just need to write some new songs and change your name slightly. I understand feeling ownership over what you've written, but if he was asked to be a part of the band and declined, he shouldn't try to make it difficult for old friends to play some goddamn music.
     
  16. punkmar77

    punkmar77Experienced Member Staff Member Uploader Admin Team Experienced member


    5,720

    171

    716

    Nov 13, 2009
     United States
    Didn't know it would be $8, but oh well it's a start, and thats all we really wanted...

    [​IMG]

    next we will hook up with likeminded bands and start all ages shows at the Che Cafe etc. We are writing all new material and should have a couple of them ready for the next show...all of you that are close by are welcome to come down and have some fun with us :ecouteurs:
     
  17. Anxiety69

    Anxiety69Experienced Member Uploader Experienced member Forum Member


    2,341

    6

    156

    Oct 18, 2009
    Male, 43 years old
    Long Beach CA United States
    i thought you said your band name wasn't copyrighted, so how can he have any effect on you?
     
  18. Ivanovich

    IvanovichExperienced Member Experienced member Forum Member


    676

    2

    6

    Jan 31, 2010
     
    Names can't have copyright, only work can. Names are trademarks, they have to be registered before you get exclusive use, though they might have done that, of course, If not, they can dispute it and judge would decide who had more 'right' to use the name, and likely you win since the others haven't used it for years, and don't seem to want to use it now. They can't do shit, but like you mention, venues etc aint gonna know they can't do shit, and that could be problem.
     
  19. ASA

    ASAExperienced Member Experienced member Forum Member


    888

    0

    0

    Nov 2, 2009
     
    have u told him this, in your otrginal post, if so and he continues being an ass as it were i would write new material, find a new name and say ex diatribe, your new incarnation wil soon usurp in a positive way what was before if ya doing it right

    i've had this sorta thing and unless he wrote everything and you change some things he can't do shiza, if your not making money, unless you get a licensing deal but who can be arsed with mincers, they are mincers for a reason, they will never leave you alone unless you have the upperhand, follow own advice or just, start again

    this sounds very personal and whats up with calling it 'stalking' other members, ive also had this when others have been verry irresponsive, he has a right to contact all members of the group whetner they like it or not if he has no response from others if you are playing or using his art if he sees fit under law, fuck the moral play nice, move on
     
  20. punkmar77

    punkmar77Experienced Member Staff Member Uploader Admin Team Experienced member


    5,720

    171

    716

    Nov 13, 2009
     United States

    I call it cyberstalking when he starts threatening our guitar player with taking the issue to her boyfriend because we don't agree with his views. Nobody ever told him who her boyfriend is or brought up any other of our significant others. He has launched a barrage of threats towards both women in this band and it is creepy. He wrote 3/4 of the lyrics and cofounded the band period. We're not making money off his 'Art'. So once again I strongly disagree with you ASA, if you act like a duck and quack like a duck, and shit like a duck...don't expect the wolves to come and protect you from other ducks. Either your an Anarchist or your not, I could give a fuck what he "see's fit under the law" he can come and work his ass off with the rest of us if he wants, there is an open invitation for any of the original members to join us on stage even if we have to double up on everything. All this "this is my band and I own it" bullshit is blatantly disregarding and dismissing the three other members that made the music.
     
Loading...
Thread Status:
Not open for further replies.