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dave fm's Steve Barnes sues Toucher, Jimmy, Leslie, and Cumulus for $1,000,000+
Re: dave fm's Steve Barnes sues Toucher, Jimmy, Leslie, and Cumulus for $1,000,0
M
MisterDaisy
Guest
This will be funny to watch hit the fan.
Here is the link http://www.99xwatch.org/files/barnes_lawsuit.pdf
D
Don Miller
Guest
Re: dave fm's Steve Barnes sues Toucher, Jimmy, Leslie, and Cumulus for $1,000,0
Barnes is the greatest! (you have to say greastest or he will sue you). He is basically suing other radio people for being mean. If Fred had a dollar for every nasty thing that was said about him the first year he could have retired a millionare. It's part of the business jocks beat each other down and you have to grow some nuts and have thick skin. I just find it funny that Barnes is blaming other people for his failure because his massive ego can't face the fact that he sucks.
During the trial Fred needs to address each of Barnes' points directly. Fred called him Captain Back Acne, so Barnes should be forced to remove his shirt for the jury to prove he is only Private Back Acne. Fred should also make Barnes take and IQ test to prove beyond the shadow of any doubt that Barnes' truly is not retarded as was alleged. I hope Fred has fun with this "tool" (sorry Barnes don't sue me for calliing you a tool) because the case is so pathetic it's funny
Barnes is the greatest! (you have to say greastest or he will sue you). He is basically suing other radio people for being mean. If Fred had a dollar for every nasty thing that was said about him the first year he could have retired a millionare. It's part of the business jocks beat each other down and you have to grow some nuts and have thick skin. I just find it funny that Barnes is blaming other people for his failure because his massive ego can't face the fact that he sucks.
During the trial Fred needs to address each of Barnes' points directly. Fred called him Captain Back Acne, so Barnes should be forced to remove his shirt for the jury to prove he is only Private Back Acne. Fred should also make Barnes take and IQ test to prove beyond the shadow of any doubt that Barnes' truly is not retarded as was alleged. I hope Fred has fun with this "tool" (sorry Barnes don't sue me for calliing you a tool) because the case is so pathetic it's funny
I couldn't agree more with Don Miller on this one. Barnes is bringing on his own negative publicity with this frivolous lawsuit.
F
f10
Guest
Well heck, Leslie Fram has 5 million dollars in liquid assets, what's $200,000 to her!? Go get the check book Lanny...
K
knozall
Guest
"Well heck, Leslie Fram has 5 million dollars in liquid assets, what's $200,000 to her!? Go get the check book Lanny..."
Now that's funny!
Now that's funny!
I think it's pretty funny to watch everyone pile on Barnes. For those of you that have actually taken the time to have a look at the lawsuit before you start berrating people, the two primary components are: 1) Cumulus/99X illegally used portions of audio and video from a privately owned company, and 2) defamatory statements were made by principals of said company, primarily statements around the nature of Barnes' disengagement from Cumulus/99X.
Both of these are actionable positions. For those of us that have watched a movie before on DVD or VHS, we've all seen the "FBI Warning" at the beginning of the movie. You know, the whole reproduction, distribution, dissemination without express written consent thing, So, 99X did, in fact, break this law by playing clips both on the air, and promoting a public viewing, without receiving permission from the production company. American Pie profited through this by the food and alcohol sales from the patrons that attended the viewing. also a big no-no.
Secondly, as a large company and employer, it is generally improper to discuss the terms of a persons employment in a public forum, whether that be their engagement or disengagement. So, the fact that it was said numerous times that Barnes was fired, if in fact he wasn't, this is a valid complaint in Employment Practices Law.
The secondary comments, while incindiary and probably hurtful, are really meaningless. That isn't the teeth in this particular lawsuit, and I certainly wouldn;t categorize it as frivalous.
So, as I said, he has an actionable position for both of these items. It seems like it's just more of the same, however,for people to call Barnes names and make a big joke out of this. All the while, he is operating within his rights to make suit and proceed down a legal course of action. Either the parties will opt to settle, or a jury will hear the case and determine it's merit. The American Juducial System as it was intended.
And, also, while everyone likes to talk about what an a$$ he is and what a bad guy he is, he never used his show, or any medium, for that matter, the bash his former mates the way that they attacked him.
Both of these are actionable positions. For those of us that have watched a movie before on DVD or VHS, we've all seen the "FBI Warning" at the beginning of the movie. You know, the whole reproduction, distribution, dissemination without express written consent thing, So, 99X did, in fact, break this law by playing clips both on the air, and promoting a public viewing, without receiving permission from the production company. American Pie profited through this by the food and alcohol sales from the patrons that attended the viewing. also a big no-no.
Secondly, as a large company and employer, it is generally improper to discuss the terms of a persons employment in a public forum, whether that be their engagement or disengagement. So, the fact that it was said numerous times that Barnes was fired, if in fact he wasn't, this is a valid complaint in Employment Practices Law.
The secondary comments, while incindiary and probably hurtful, are really meaningless. That isn't the teeth in this particular lawsuit, and I certainly wouldn;t categorize it as frivalous.
So, as I said, he has an actionable position for both of these items. It seems like it's just more of the same, however,for people to call Barnes names and make a big joke out of this. All the while, he is operating within his rights to make suit and proceed down a legal course of action. Either the parties will opt to settle, or a jury will hear the case and determine it's merit. The American Juducial System as it was intended.
And, also, while everyone likes to talk about what an a$$ he is and what a bad guy he is, he never used his show, or any medium, for that matter, the bash his former mates the way that they attacked him.
M
middlega
Guest
Re: dave fm's Steve Barnes sues Toucher, Jimmy, Leslie, and Cumulus for $1,000,0
This is the part of the suit that is most interesting to me, and seems the easiest to prove.
Heck, I'd sooner hear a dog howl at the moon than listen to any of the parties involved but I knew about them screening the movie. And they either had the proper permission or they didn't, seems that would be simple enough to determine too.
Slider7 said:
This is the part of the suit that is most interesting to me, and seems the easiest to prove.
Heck, I'd sooner hear a dog howl at the moon than listen to any of the parties involved but I knew about them screening the movie. And they either had the proper permission or they didn't, seems that would be simple enough to determine too.
M
malibu
Guest
Those who can, do... those who can't, sue.
This just seems like a dumb move on Barnes' part. First, even if he wins it's very unlikely he'd get more than a few bucks as he'll have to prove monetary damages...and that's going to be very difficult to do. So even if he walks away with a few grand, is that really worth it? I mean, as this plays out he's going end up looking more and more like a whiny, pathetic, d-bag who's trying to overcompensate for the fact that his radio show is in the toilet. In a business that's all about public image, is that really worth the pittance he's likely to get...if any?
Couple of things:
The audio clips will be claimed as 'fair use for comedic/sitirecal purposes'
Niether Fred nor Leslie nor Jimmy were or are principals of Susquehanna, or of CMP, or of WNNX Lico Inc, the wholly owned subsidiary which actually owns the license for WNNX - FM (The FCC database is Your Friend, always look.)
A case might be made for infringement for playing the move at the Pie, at least that infringement will be easier to prove than the audio clips. UniHost wll sidestep and claim "We just rented them the club". And remember, burden is on Plaintiff.
Further, unless Beagle, Beagle, Beagle, and Briefcase took it on a contigent fee, Barnes had to pony up front money to file. CMP will simply trot out the Fourth Platoon of the Lawyer company, third squad, who are on retainer or employees anyway. Their liability carrier will help. The others will ride those coattails to the extent that they can.
Regardless all of the above, both sides gain publicity. And as Norm Schrutt says, as long as they spell your name correctly, there aint no bad publicity. Barnes can easily double his ratings, meager as they are, and it won't hurt the folks at X either.
As those of us from the hinterlands are wont to say, the whole thing is a ration of roadapples.
The audio clips will be claimed as 'fair use for comedic/sitirecal purposes'
Niether Fred nor Leslie nor Jimmy were or are principals of Susquehanna, or of CMP, or of WNNX Lico Inc, the wholly owned subsidiary which actually owns the license for WNNX - FM (The FCC database is Your Friend, always look.)
A case might be made for infringement for playing the move at the Pie, at least that infringement will be easier to prove than the audio clips. UniHost wll sidestep and claim "We just rented them the club". And remember, burden is on Plaintiff.
Further, unless Beagle, Beagle, Beagle, and Briefcase took it on a contigent fee, Barnes had to pony up front money to file. CMP will simply trot out the Fourth Platoon of the Lawyer company, third squad, who are on retainer or employees anyway. Their liability carrier will help. The others will ride those coattails to the extent that they can.
Regardless all of the above, both sides gain publicity. And as Norm Schrutt says, as long as they spell your name correctly, there aint no bad publicity. Barnes can easily double his ratings, meager as they are, and it won't hurt the folks at X either.
As those of us from the hinterlands are wont to say, the whole thing is a ration of roadapples.
Re: dave fm's Steve Barnes sues Toucher, Jimmy, Leslie, and Cumulus for $1,000,0
Perhaps, but Barnes won't talk about it on the air that much, if at all. And I doubt the PD (Michelle "Hoops" Engel) would allow it.
littlejohn said:
Perhaps, but Barnes won't talk about it on the air that much, if at all. And I doubt the PD (Michelle "Hoops" Engel) would allow it.
T
Twitch
Guest
littlejohn said:
This message brought to you by Ken Nugent. One call, that's all.
R
radioriot7
Guest
Re: dave fm's Steve Barnes sues Toucher, Jimmy, Leslie, and Cumulus for $1,000,0
This whole thing absolutely proves what kind of person Barnes is - I mean c'mon this is comical. The guy cannot stand to be made fun of - and he never had to deal with ANY of this when the Morning X was on top of the world. He's about to be fired and this is his plan to get his name out there and possibly get some cash to sit on while he figures out he'll never work in radio again.
My prediction... Barnes does NOT see dime one in the law suit - in fact it'll never get to that point.
GROW UP STEVE!
This whole thing absolutely proves what kind of person Barnes is - I mean c'mon this is comical. The guy cannot stand to be made fun of - and he never had to deal with ANY of this when the Morning X was on top of the world. He's about to be fired and this is his plan to get his name out there and possibly get some cash to sit on while he figures out he'll never work in radio again.
My prediction... Barnes does NOT see dime one in the law suit - in fact it'll never get to that point.
GROW UP STEVE!
C
content
Guest
Re: dave fm's Steve Barnes sues Toucher, Jimmy, Leslie, and Cumulus for $1,000,0
I would like to thank all of the parties involved in this scandal, as its all very amusing on every level.
Reminds me of High School, only with real lawyers.
I would like to thank all of the parties involved in this scandal, as its all very amusing on every level.
Reminds me of High School, only with real lawyers.
Re: dave fm's Steve Barnes sues Toucher, Jimmy, Leslie, and Cumulus for $1,000,0
I'm not quite sure how this as an indictment (no pun intended) of what kind of person Barnes is. You may think this indicates something because you already hate Barnes (even though I'm sure that isn't based on any personal interaction with him). The whole thing should have proven what kind of people the crew from 99X are. They basically crucify the guy and everything he tried to do after he left there, including his movie and his new radio show. They potentially illegaly used parts of a movie that he made and he is persuing a legal course of action. Why is Barnes the a$$hole? To me, it is much more pathetic to go after a former co-worker on the radio and at promotional events. Everyone on this board is always talking about how terrible every aspect of Atlanta radio is and how all the shows suck. How come no one was bashing the 99X morning show for not being able to come up with any content better than making fun of a guy that has moved on to other things and hasn't breathed a word about any of them since he left? Not to mention, these guys spent money to make that movie, and regardless of what you think of their business, most people that are invested in something will attempt to protect it.
And, if you think Barnes needs cash to live if his show at DAVE goes away, and that's the underlying motivator for the suit, you obviously don't know the first thing about Barnes.
radioriot7 said:
I'm not quite sure how this as an indictment (no pun intended) of what kind of person Barnes is. You may think this indicates something because you already hate Barnes (even though I'm sure that isn't based on any personal interaction with him). The whole thing should have proven what kind of people the crew from 99X are. They basically crucify the guy and everything he tried to do after he left there, including his movie and his new radio show. They potentially illegaly used parts of a movie that he made and he is persuing a legal course of action. Why is Barnes the a$$hole? To me, it is much more pathetic to go after a former co-worker on the radio and at promotional events. Everyone on this board is always talking about how terrible every aspect of Atlanta radio is and how all the shows suck. How come no one was bashing the 99X morning show for not being able to come up with any content better than making fun of a guy that has moved on to other things and hasn't breathed a word about any of them since he left? Not to mention, these guys spent money to make that movie, and regardless of what you think of their business, most people that are invested in something will attempt to protect it.
And, if you think Barnes needs cash to live if his show at DAVE goes away, and that's the underlying motivator for the suit, you obviously don't know the first thing about Barnes.
E
evnlee
Guest
littlejohn said:
I'm not so sure about the old saying ' there aint no bad publicity'. That only works for up and comers, not established talent.
2 examples: The Dixie Chicks and Mel Gibson.
DC have sold only one quarter of previous sales, have downgraded venue size, and definitely hurt themselves through the controversy.
Gibson just had his ABC miniseries yanked, his new movie will probably have reduced tix sales, and definitely hurt himself through controversy.
Not to put Barnes in Gibsons category,or TJL in line with the Dotsy Twits, but sometimes bad publicity actually gurts, even if they spell your name right!
>Not to put Barnes in Gibsons category,or TJL in line with the Dotsy Twits, but sometimes bad publicity actually gurts, even if they spell your name right!<
That's the operative phrase... the sets of circumstances aren't analagous. The chicks let themselves be set up as "Agin Mamma and apple pie and everthing 'Murrican" to the country life group. Gibson let himself be set up as virulently anti - semetic to the Left Coast entertainment industry. Both of these positions are anathema to the groups invloved. Whereas, it's hard to give a rat's rectum one way or another about radio personalities, other than to grin at their foibles. They're either fun to observe/listen to, or they aren't. And it's certainly a relief from the local political ads currently being aired. I wish Rodney the Ho could get his employers' TV station to play this up as a news story.
That's the operative phrase... the sets of circumstances aren't analagous. The chicks let themselves be set up as "Agin Mamma and apple pie and everthing 'Murrican" to the country life group. Gibson let himself be set up as virulently anti - semetic to the Left Coast entertainment industry. Both of these positions are anathema to the groups invloved. Whereas, it's hard to give a rat's rectum one way or another about radio personalities, other than to grin at their foibles. They're either fun to observe/listen to, or they aren't. And it's certainly a relief from the local political ads currently being aired. I wish Rodney the Ho could get his employers' TV station to play this up as a news story.
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