Wal-Mart sued over song lyrics

[rainbow4321]

At least Wal Mart doesn't seem to be caving in...


http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/121004dnbuslyrics.4cdd.html

The complaint, filed Thursday in Washington County Circuit Court, seeks an order requiring Wal-Mart to either censor or remove the music from its Maryland stores. It also seeks damages of up to $74,500 for each of the thousands of people who bought the music at Wal-Marts in Maryland.

"I don't want any other families to get this, expecting it to be clean. It needs to be removed from the shelves to prevent other children from hearing it," said plaintiff Trevin Skeens of Brownsville.

Skeens said he and his wife, Melanie, let their daughter buy the music for her 13th birthday and were shocked when they played it in their car while driving home

<snip>

"While Wal-Mart sets high standards, it would not be possible to eliminate every image, word or topic that an individual might find objectionable," Whitcomb told the newspaper

[SHRED]

1. I hate WallyWorld

But this sounds ridiculous.

[lolly]

2. What's the Song?

The site requires registration, and I'm tired of registering for sites I only visit once just so they can send me spam!

[RevolutionaryActs]

4. Tired of being asked to register at sites? Go to:

http://www.bugmenot.com/


Paste the web address, and it will give you a PW and email. :D

[mcscajun]

8. Oh that's a Wonderful Site...

...and you gotta love their login names, too! :)

[idiosyncratic]

12. Interesting coincidence that the login for this article uses the

offending word talked about. Hilarious!!

[PallasAthena]

15. BugMeNot

What a GREAT web site!! And, yes, the address they gave me did indeed contain the "offending" word. I haven't had such a good laugh online a long time.

Carol

[Mokito]

54. Mine read "toostupid"...fitting!

[dkofos]

60. I got that one too

[seriousstan]

34. You mean hillaryisaliar or queenclinton?

I went through their tutorials and these were the login names used in the advanced tutorial. I smell something dirty here but I don't know what. As for myself, I don't trust bugmenot.

[LifeDuringWartime]

47. users submit logins

so probably some wingnuts sent those in

[seriousstan]

58. No, it is in their tutorial...see for yorself

http://bugmenot.com/help/help_advanced.html

You can trust this site if you wish, but I will leave their left trashing service alone.

[GHOSTDANCER]

72. Tank-you....Tank-you veddie much. n/t

[Deja Q]

6. I second that!

And while I'm not keen on frivolous lawsuits, I think I'll let this one go. Wal-mart tramples over everybody else without discrimination.

[Tempest]

7. "Anywhere But Home" by Evanescence

n/t

[nashville_brook]

24. i love what david cross says about bands like Evanescence n/t

[devilgrrl]

56. What's he say?

This I have to hear. BTW, who the f*** are Evanescence?

[genieroze]

69. Love their music.

I'll have to listen to it but I doubt I would be offended. I thought
WhirlMert censors their music.

[Moloch]

11. Thoughtless by Evanescense

NT

[Groggy]

46. These people are fucking idiots

These people need to get a grip! For cripes sake that is the most idiotic thing I've ever heard...

What the hell is happening to the people in this country????

[SomthingsGotaGive]

49. It might start with giving boys names like

Trevin.

You have to grow up thinking you're special with a name like that.

[RevolutionaryActs]

3. Oh for fuck's sake! People are insane!

:eyes: :eyes: :eyes: :eyes: :eyes: :eyes: :eyes: :eyes:

[flygal]

51. Your siggy ROCKS!

[lazarus]

5. pathetic

"'I don't want any other families to get this, expecting it to be clean. It needs to be removed from the shelves to prevent other children from hearing it,' said plaintiff Trevin Skeens of Brownsville."


In other words: "We desperately need other people to do our parenting for us, because we're too damned lazy to do it ourselves."

[blondeatlast]

13. I work in the Collection Development office of a major library.

I'm the second person to see "Request for Re-evaluation of Materials" forms.

You would be astonished at how much parenting "other people's kids" need, and it's always the library's fault--we shouldn't allow THEIR precious children to check such "foul material" out.

I had to admire one child's parents, even if they were WAY over the top. Kid comes in, requests information on something I now don't remember. I directed him to a site on the internet that had good info; from one of our most respected reference publishers.

Kid said no, he wasn't allowed to use the net. While the parents were over the top, at least the kid had enough respect to follow their lead out of their sight.

[rocktivity]

9. Try this web site

It seems to be a song by Evanescence.

Wal-Mart sued over Evanescence CD lyrics

The hit group's latest CD and DVD, "Anywhere But Home," don't carry parental advisory labels alerting potential buyers to the obscenity. If they did, Wal-Mart wouldn't carry them, according to the retailer's policy.

But the lawsuit claims Wal-Mart knew about the explicit lyrics in the song, "Thoughtless," because it censored the word in a free sample available on its Web site and in its stores.
Hmm, sounds like a case.

:headbang:
rocknation

[blondeatlast]

16. Major distributors sell what is known as the "wallified" versions...

There can be up to THREE versions of a popular album: the "explicit" version, the "edited" version, and the "wallified" version, which is the edited version WITHOUT a sticker/note showing that it IS the edited version.

[DrWeird]

10. That's right. 13 year old girls shouldn't hear the word "fuck."

It might make them ask questions. I'm glad this guy is looking after my family.

[sonicx]

14. OT: why does Walmart carry R rated DVDs, but not stickered CDs?

[customerserviceguy]

50. Oh, that's easy

Mall-Wart doesn't sticker the DVDs because it wants to trick people into buying its sanitized crap. Believe me, all the WM DVD's have been screwed up, they just don't tell you so. When I rented an R rated movie from their online rental, and the man's mouth was saying "Shit!" but what I heard was "Shoot!", I figured it out. If I want the kiddiefied version of a movie, I'll just wait till it comes out on free TV.

[PallasAthena]

17. Wal-Mart Sued

Hmph!

Now, here's an approach/avoidance situation. Many years ago, I originally learned to hate Wal-Mart because of their censorship. (Now, of course, I detest them for so many more reasons!!) So, it's delightful to think of them getting sued. But for not censoring ENOUGH??!! Hard to believe that this isn't really an Onion article.

[blondeatlast]

19. See post 16--they have a real problem with this suit.

They are also their own distributor; the CD buyer made a MAJOR goof here!

Welcome to DU!

:toast:

[Bono71]

63. Is there a duty on the part of the distributor or Walmart to

mark the music in such a way? I don't think there is, I think this is done as a courtesy...in any event, $74,000 in damages is absolutely rediculous. After this case is thrown out on summary judgment, I hope Walmart sues for sanctions for filing such a spurious claim.

[Anakin Skywalker]

27. I Know What Ya Mean!

"Hard to believe that this isn't really an Onion article."

LOL! Too rich, isn't it?

[blondeatlast]

18. Someone's got some'splainin' to do, since Brawl-Mart acts as their

own distributor!

They buy directly from publishers and music labels, not from distributors like Baker and Taylor and BWI.

I am ROFLMAO at this, since they are SO effed!

[Bono71]

64. I don't think so...I think walmart will put this away on summary judgment.

[Bouncy Ball]

20. Far be it for me to

defend Wal-MArt (gag) but why doesn't that guy trying doing a little thing called parenting?

It's what I do. He should try it. It pays off. Find out about the CD before you let your daughter buy it if it concerns you so much. ASK her who her favorite artists are and look up some lyrics of theirs on the internet, very easily done. LOOK at the titles of the songs on the CD, learn things.

Sheesh.

[tsuki]

35. But again, Walmart said that they would censor, and now they didn't.

Should they be held accountable to parents that relied on Walmart to tell them if the material is objectionable? I believe they should. Don't promise me something if you cannot perform.

[Bouncy Ball]

38. Well if that's true

then fuck Wal-Mart on this one. They're screwed.

[tsuki]

42. Yes, they are. And they did promise. I am glad that I never

took them at their word. (Me=tone deaf musical dummie.)

Son and Jam Group bought where ever. I just allowed them to discuss and put in my 2 cents worth.

[Bono71]

67. I bet they're not.

[Bono71]

66. Even if a court would find such a duty (which I don't think it will)...

$74,000????? Puhlease. This is insanity.

[Rush1184]

70. Parenting? Too much effort for some these days...

Putting the kids infront of the TV is soo much easier.... <rolls eyes>

[tsuki]

73. Childless...

[LSparkle]

21. Texas is an entirely different planet

Can't we force them to secede?

[rainbow4321]

26. Only if the 38% of us.....

who went BLUE get to stay..cuz we are about to be royally screwed by the other 60% of the state


http://www.dallasnews.com/sharedcontent/dws/news/politics/state/stories/121004dntexwant.3c0f7.html



AUSTIN – The first bill assigned a priority number in the House isn't about public education or child abuse protection. It's a constitutional ban on gay marriage. Social conservatives have a firm grip on the levers of Texas government and are determined to steer the legislative session that begins Jan. 11.

Conservatives in and out of the Legislature say the time has come for school vouchers and has passed for quickie divorces. They will fight the legalization of slot machines and champion a ban on human cloning, including embryonic stem-cell research.

And they will join ranks with some pharmacists and church-affiliated hospitals so they will not have to dispense the "morning-after pill" or other prescriptions that they morally oppose. For some hospitals, that includes not having to provide such pills for rape victims brought to their emergency rooms.

<snip>

"There's no doubt that conservatives are in a good position," said Kelly Shackleford, president of the Free Market Foundation. "Now we're getting back to the kind of positive things that we can get done to help preserve life, to protect families or marriages. Those kinds of basic issues," he said

[jobycom]

45. If the Repubs try all of that, they won't have Texas for long

Texas conservatives are more libertarian than wingnut. Texas became Republican during the 80s, when the Repubs were claiming to be the party of freedom and smaller government.

All these wacko laws and restrictions the Repubs want to pass are going to drive people from the Republican party. Don't forget, less than half the state is white, and by around 2010 whites won't even be the largest ethnic group-- if they are now. This white boy Republican KKK Fundie agenda won't fly here much longer. Hispanics, about to be the largest percentage of the population, are largely Catholic, and are a bit tired of standing under the Republican garbage chute. Every one of these fascist laws the Repubs push through is another nail in their coffin.

I'm not sure what this branch of the discussion had to do with Walmart, but I thought I'd mention it.

[Bouncy Ball]

39. Only if you take

all the blue voting families out of Texas and relocate them to nice blue parts of the US first.

[Swamp Rat]

22. Fuck fuck fuckity fuck!

FUCK!

[dweller]

32. Nice Tune!! Catchy, heartfelt lyrics,

i'll give it a 10 on lyrics and tune, but only a 3 for dance-ability...somehow, i don't think about dancing to it...


:P

dp

[Swamp Rat]

36. It's a dance too! Try to imagine a samba rhythm...

or a New Orleans second-line: fuck... fuuuckity fuck... fuuuckity fuck!

[Democracy Died 2004]

23. Hagerstown, MD is close to a place i call

Fredneck, MD. So you get the idea of what we're dealing with?

[CornField]

25. Uhmm... why didn't the parents listen to it before they bought it

They have those things at the Wal-Mart here that scans the CD and will play songs from it right there in the store. Why not take a moment and actually be a parent?

[karlrschneider]

28. I think (!) I get it...these people expect WalMart to be nannies for their

kids but won't trust Public Schools. Gosh, that makes perfect sense.
:grr:

[rainbow4321]

31. A nanny story...

Reminds me of a baby/family I took care of in a neonatal ICU one time..one of the things we do is to teach the family to start with baby care when the kids are close to be discharged. The dad overheard a nurse tell the mom that she was going to teach her <mom> how to change the diaper. Dad's very-serious-not-kidding response "Oh, no, she won't need to <learn>, we'll be having a nanny". Guess that kid was in deep shit <literally and figuratively> if the nanny called in sick one day!!!

[tsuki]

37. Only because WalMart promised to be their Nannies. You cannot

have it both ways. Profit uber alles, but I'm protecting you and your family.

WalMart promised to censor, and they did not.

[Bono71]

68. So what if they promised, $74,000? I think not. Moreover,

I'd hve to read the promise (did it list any words as objectionable?) before a prediction that these nut jobs have a case...

[bluestateguy]

29. Stop the world! I am siding with Wal-Mart in a lawsuit?

What is this world coming to?

But it's important that Wal-Mart prevail in this case, otherwise smaller chain stores will be forced to cater to hypersensitive, puritanical parents with too much time on their hands.

[tsuki]

33. If they hadn't started this "we censor CDs for offense," they would not

have been able to be sued. You reap what you sow.

[Bono71]

65. That is still a very long shot to win...it is a tenuous claim at best,

and what are the damages?

[tsuki]

75. No, when the kids stopped buying at Walmart's because of

the "moral values," their profits went down.

They were the ones that promised to censor, no one else did.

They made a pact with parents that the children would buy "safe" at Walmarts. They broke the pact.

I know most of you keep your children on leashes and don't ever let them out of your sight, but in my son's teen years here, it was not an option because of HRS.

It is like the theaters. In my day, if you went to a movie, your parents knew which ones you were seeing. One movie per theater. Now there are ten movies in a theater, and short of following them and their friends, how do you make sure which movie they are seeing. Even if you try to discuss it with them, how do you know they didn't read the online reviews?

Parenting today is a lot harder than in the 50's. Even my mother agrees with that.

[TahitiNut]

30. It serves them right for replacing 'caveat emptor' with "Sieg Heil!"

Fuck Wal*Mart and their emptori.

[GoldenOldie]

40. This guy probably is one that attacked Edwards

for his million dollar law suits against corporations and medical facilities for the physical damages they did to children.
They follow their leader on screaming "tort reform," and crucify attorneys for defending citizens who have been harmed, yet they have no problem with using these very same attorneys if it fits their ends.

I question why these 2-old farts would buy a cd for a 13-year old without even knowing what the kid has been listening to and her personal likes and dislikes. Did'nt they quiz their granddaughter on titles, or performers??? Why would they unseal a cd prior to giving it as a gift and could they really understand the words being sung??? $74,000 suit....for what, did their ears fall off, have they been damaged for life???

I detest Walmart and I wouldn't buy a cd from them or anything else for that matter but I have bought cd's for my granddaughter but only after questioning her mother on her likes at the present time....it seems to change monthly.

[Flammable Materials]

41. THIS IS BULLSHIT! GUY'S A DRUMMER! FRIVOLOUS LAWSUIT!

This is such a fucking set up.

Take a look:
http://www.garageband.com/artist/hotrod_otis
http://www.garageband.com/user/hrodrummer

Contact info here (with e-mail addy):
http://www.histosearch.com/histonet/Aug02A/Re.C.html

[Philostopher]

57. Wonder if he's somebody who ...

doesn't think much of WalMart. I did look up another article on Google News, just for everybody's information, where it says he actually did listen to a clip of the song on MallWart's web site that didn't have the offending word in it, so he thought it was safe to buy for his kid. So he actually did, apparently, make an effort to parent -- looks to me like Walton's minions may truly be responsible for this, if they edited the sample clip on their web site and not the CD in the store.

Not that I think they should have a right to ask for Mother Goose versions of anything -- as somebody else has pointed out several times, they made that contract with their customer base. If they aren't going to satisfy that contract, it's their bad, right?

Would serve them right for making themselves a bastion of nannyculture.

[Esslinger]

43. I can think of a lot better reasons to sue them

[Sin]

44. Next

They will try to sue every one for dancing to these Cd's
best we get Kevin bacon on it right away. :)

[kohodog]

48. Sounds like a class action to me. Let's all sue em

Wish we could close there doors. But it will be a start if we can keep thew fundies away.

[Occulus]

52. This kind of story makes me want to

surround the offended party's house at, say, three in the morning, hook up five or six battery-powered boom boxes around the windows, and blast "Uncle Fucker" (from the South Park: Bigger, Longer, and Uncut movie album) at full volume.

You know, just for kicks and all. :)

[Contrary1]

53. Walmart should be happy

to spread their capital amongst their outraged fellow Moral Muricans.
Can I hear an "Amen"?

[Behind the Aegis]

55. I just don't get it.

This is all so confusing to me. Aren't these people the same ones that voted for that dickhead in the WH because he was wanting to get rid of frivolous lawsuits? This is the second one I have seen in as many days; the other being that dumb cow suing Benny Hana (sp?) for killing her husband by tossing a shrimp at him (good thing they were only tossing shrimp and not salads). Can I sue these people for giving me a headache because of their stupidity? How about I sue them because they are using my tax dollars for stupid shit? This country is in very deep trouble!

[JLucas4092]

59. Where's my $74,000?

I've been forced to listen to the "music" that Evanesence puts out on the radio for over a year. I think if anything, I deserve the money.

[Mr_Spock]

61. BOYCOTT WALMART!!

BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART! BOYCOTT WALMART!

I hate those slimy bastards - can you imagine these fools trying to sue any other store? No, because they think WalMart is the Fundie store where anything objectionable (or too liberal) should be censored. Ass holes.

[SmokingJacket]

62. That's what happens when you set yourself up as

"The Holy Church of Walmart."

[holboz]

71. what about video games...?

So we all know WM censors things we shouldn't hear, but how do they exmplain video games like Grand Theft Auto?? Apparently it's OK to act out shooting prostitutes, robbing them, etc. but heavens to betsy should we hear a swear word in a song.

On a slightly different note, I went to dinner with a group of people who used to work at the WM home office here in Bentonville. They said when they first went to work there they had to essentially supply their own office equipment. Apparently WM has a 'furniture graveyard' where old toss-out furniture is kept and people can get chairs, phones, etc. from there if they don't want to buy their own. One of the women said that she had to duct tape the cord to her telephone receiver and anytime someone quit they would raid their desk for paperclips or pens. Absolutely pathetic.

[bettyellen]

74. Walmart brought this on themselves by censoring... now customers are

expecting them to do a good job!
Ha, I bet they'd let l Catcher in the Rye slip by, too!

[truhavoc]

76. A reputation or a "pledge" is not grounds for a lawsuit

These people are taking what walmart does as a "service" and making it into a promise. Walmart is completely free to stop selling cds that are edited at anytime, and I would say to pick and choose what is edited and what is not. The question is, is the cd rating system a law? If so is it a constitutional law? There are many problems with this situation, and I find myself strangely supporting walmart through the whole thing. I don't support their willing censorship in most cases, but any attempts to stiffle the 1st amendment need to be protected by all of us regardless of the defendant.