From: goodridg@husc8.harvard.edu (Andrew Goodridge)
Newsgroups: alt.music.alternative
Subject: HELP SAVE NEGATIVLAND! SST SUES HARMLESS BAND!
Summary: SST sues band to censor them, band speaks out
Date: 22 Jan 93 15:22:49 GMT
Distribution: alt.music.alternative,alt.music.category-freak,alt.music.hardcore,alt.music.progressive,rec.music.makers,rec.music.misc,misc.legal
Organization: Harvard University Science Center

The following came to me in the US Mail from my favorite band, Negativland,
yesterday. I read it with much sadness, and I have decided to do my part
as a faithful listener and fan and post the text of the Newsletter to the
Internet, as per a suggestion in the text.

Negativland, if you've never heard them, use samples and recordings from
all over the media landscape to compose sonic mosaics, usually with a 
political or humorous intent, poking fun at the world of media itself by
using that same medias own words. 

This sort of music is not for everyone; some wouldn't even call it music.
But regardless of your opinion of the band and their work, noone can say
what is being done to them is fair by any right.

Last year, Negativland released a single called "U2" that was a parody of
"I still haven't found what I'm looking for." The packaging contained the
letter U and the numeral 2 in a HUGE fontsize on the front. Island records,
who are U2's record company, responded by suing SST records, Negativland's
label they were signed with. SST let the suit collapse, putting Negativland
completely at the mercy of Island records, who not only stopped the single
but got all copies remaining as well as the master tapes and original artwork!

Because of this, Negativland:

1. Dropped (quit) SST as their label.
2. Lost all rights to royalties to their 7 releases on SST to defray legal
   costs.
3. Nearly were destroyed as a band.

To get the word out of what happened, Negativland borrowed money from friends
and relatives and produced "The Letter U and the Numeral 2", which was a 96-
page magazine with a CD insert that printed all the relevant documentation....

And now I'm getting into what the newsletter says.

PLEASE PLEASE PLEASE take this seriously. If you can help provide what the 
band asks, please do so. This is an important case; and if you are someone
who has something that can help, please take some time and do it.  Out of
sheer respect for this band and love of what they are doing, I've typed in
this Newsletter and posted it. Now it's your turn.


Newsletter text follows. Minimal comments by me are in []. Everything else
is exactly as it was written in the newsletter. Additionally, there
was a 5 or 6 sheet attachment with the legal documents that I couldn't
type in. E-mail me for my Snailmail address and I'll give you a copy of
the rest for a SASE.

Thanks.

=========================================================================

JUST IN TIME FOR HOLIDAY GIFT GIVING.......

N E G A T I V L A N D 'S   C H R I S T M A S   N E W S L E T T E R
1992

SST RECORDS SUES NEGATIVLAND FOR REVENGE;
GROUP HALTS SALES OF ITS MAGAZINE/CD 
*THE LETTER U AND THE NUMERAL 2*
LOSES INCOME, PLANS DEFENSE

[]

Well, here we go again! As another Christmas rolls around, Negativland seats
itself, pen in hand, to compose our yearly Christmas Newsletter. A lot has
happened since last Christmas in our little family of appropriators.

Last September, feeling we had an interesting story to tell about how something
as simple as an officeful of angry unmusical businesspeople armed with too much
money and some out-of-date copyright notions had propelled us through a horrible
nightmare of lawsuits, lawyers, liars and loss, we released a 96-page magazine
with CD entitled *The Letter U and the Numeral 2* that documented the entire
Negativland/SST/U2/Island Records episode. The magazine simple presented the
lawsuit, court orders, faxes, public statements and press releases from all the
parties, letters, etc. in chronological order, with no commentary from us, so
that the reader could examine the facts and make up his or her own mind as to
what it all "meant".

Apparently Greg Ginn, owner of SST Records, thinks otherwise. On November 10th,
2 months after the release of the magazine, he brought a 5-count lawsuit against
us which essentially seeks to punish us for going public with the dirty laundry.
Yes, we have been sued. Yes, again. And now it appears that the real nightmare
may only be just beginning. 

If you're not actually a member of Negativland - or if you've never been sued
yourself - you might find some aspects of the lawsuit to be quite hilarious:

     * We're being sued to stop us from selling a magazine
       about being sued.

     * We're being sued by SST for *copyright infringement*
       (Because we reprinted their press releases)

     * We're being sued by SST's corporate rock lawyer for 
       printing a picture of SST's 'Corporate Rock *Still*
       Sucks' sticker.

     * We're being sued for printing their corporate rock 
       lawyer's letter saying that they want to sue us.

Funny stuff. But the grim fact is that Greg's actions are destroying any
opportunity we might have had to get back on our
feet financially (we're trying to self-release all our own stuff now) and could
easily prevent us from releasing any other new work for the next two years!
Negativland is what we do, and this magazine was our first new release back on
our own Seeland Records label. We now know that we could have sold many, many
more that the original limited edition of the magazine; it seems far more people
are interested in our story that we initially expected. This new case could
easily drag on for two years or more, and although we think we'll win in the
end, we can't safely make and sell more copies of *The Letter U and The Numeral
2* until the court decides on SST's copyright claims.

Greg Ginn is already keeping all of our royalties from all 7 releases we have on
SST to pay himself back for the U2 costs, and he knows that even if we believed
in suing people we can't *afford* to sue him to get him to agree to our 50-50
split offer. This case is going to cost Greg Ginn a *lot* more money than he has
any reasonable hope of recovering from us in any reasonable time frame (you can
bet his lawyer isn't working for free). SO WHY IS HE SUING US? Well, it seems
that his main reason is....revenge. SST grosses millions of dollars a year - you
can look it up in their credit report printed in our magazine (he's suing over
that too - *of course* despite the fact that it's readily available public
information that SST themselves provided), so he can certainly afford to waste
the dozens, perhaps hundreds, of thousands of dollars that it'll cost to take
this case to trial. We can't. He seems quite happy to behave towards us the same
way as Island Records did to him and us, using his economic might to crush the
small and the weak.

A copy of the lawsuit is enclosed so you can see it all for yourself. (It's a
public document, so he can't sue us for that.) You'll notice some other stuff in
there about 'breach of contract'; that's all about how they still claim we owe
them every dime they had to spend over the Island suit (despite: gaping holes in
their contract; our denials to their claims that we promised to pay; all the
money they made by selling the record; our providing *Guns* to replace the *U2*
record; our flat-out inability to pay; SST's own decision to put the record out
knowing there might be problems; and our standing offer to split the losses
50-50), and about how they think we owe them master tapes for two new releases
that we canceled when they stuck us with the whole *U2* damage (despite: our
attempts to repay the advances; the fact that their lawyer said they might not
even be interested in releasing the records; and the fact that the tapes aren't
even finished yet and the contracts aren't even signed).

SST is basically punishing us because we've resisted being abused.

If any of this behavior disgusts you as much as it does us, we would urge you
to:

  *  SPREAD THE WORD about what SST's doing to friends, radio
     stations, record stores, bands, writers, and the whole 
     alternative musical community - this mailing is only going 
     out to about 600 people, and we want as many people as 
     possible to know what's happening (copy this mailing if you
     want, or post it to a computer network) [Natch. - Sketch]

  *  CONTACT GREG GINN, SST Records proprietor, and let him know
     exactly how all of this makes you feel about him and SST, and
     maybe even ask him to explain to you just what the hell he
     thinks he's doing, to drop his lawsuit, and to resume   
     out-of-court negotiations with us.

     (Fax 310-430-7286, Tel 310-430-7687, 10500 Humbolt St., 
      Los Alamitos, CA 90720)

  *  CONTACT CASEY KASEM. If you've seen the magazine, you know
     that we stand a very good chance of getting our *U2* single
     back if we can only change the mind of Casey Kasem. Now that
     the magazine has been stopped, we no longer have a way to 
     inform people that Casey has been interviewed on radio 
     framing Island's action against us as censorship, and saying 
     that although he's personally embarrassed by our record, he's
     for free speech and doesn't approve of what happened to us;
     on the other hand, the last word we have from Island Records 
     is that they'd actually be willing to return the U2 record to
     us, except that Casey Kasem has told them privately that if
     they do, he'll sue them. Casey's lawyers have also threatened
     us similarly. If you want to help us out, please contact
     Casey Kasem with a good letter or fax and ask him to explain
     his contradictory position, but mainly to withdraw his 
     opposition to the return of our record to us (not to SST). 

     Casey Kasem c/o Westwood One Radio Network, 9540 Washington 
     Blvd., Culver City, CA 90232.
     Fax 310-840-4051    Tel 310-840-4000

  *  Are there any folks in the LOS ANGELES AREA willing to offer
     a few couches and square feet of floor space for us to spend
     the night on the days when we'll have to appear in court?

  *  Any LEGAL FOLKS out there with services to offer, or 
     interesting ideas on how to proceed?

  *  Any WRITERS out there? Please, write about this! Contact us
     if you want to get a xerox of the magazine.

And as always, feel free to contact us with anything you want to ask us or say
to us: Fax 510-420-0469, 1920 Monument Blvd., MF-1, Concord, CA, 94520.

Well, we suppose we should close with a tearful "Happy Holidays", or a heartfelt
"Merry Christmas," but instead, since you may have heard of our feeling that
Christianity is Stupid, let's just say: "'Til Next Year..."

Anything you choose to do to help, participate, or contribute will be greatly
appreciated.

Love, Negativland.


P.S. 

*SST is also frivolously and maliciously suing the Meat Puppets.* for more info
on that, contact their manager, Jamie Kitman, at 914-359-4502, fax 914-359-4739.
He's being sued too, for $500,000 for libel, because he circulated a draft of a
letter to several ex-SST bands and employees. Sony Youth, Soundgarden, Husker
Du, Meat Puppets, Sister Double Happiness, Alter Natives, St. Vitus, Das Damen,
Negativland, Volcano Suns, Bad Brains, and Buffalo Tom all had members who,
based on their own personal experience, had expressed interest in signing such
an open letter to the musical community, calling on SST to stop its pattern of
mistreating bands, and specifically to drop their suit against the Meat Puppets
and their then-threatened suit against us. *Can all these bands be wrong?* Is
Greg Ginn using the courts to stop people from leaning the truth about him? You
decide: ask Jamie for a copy of the letter (it's Exhibit I in SST's suit against
them).