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Make the Letters from GNR Lawyers Public


SONOFABITCH

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Here's one Jarmo posted from back in 2003 with regard to the LatigoHammers fiasco:

To Whom It May Concern:

This law firm represents W. Axl Rose and the musical group "Guns N' Roses." We have been advised that without authorization you are submitting posts on various on-line message boards and chat rooms using the screen names "LatigoBurns" or "LatigoHammers," signing your posts as "Axl" and in fact purporting to be Mr. Rose.

Please be advised that your actions constitute, among other offenses, a wrongful use and misappropriation of Mr. Rose's name in violation of his federal and state common law rights, as well as federal and state statutory rights including, without limitation, rights of publicity, rights under the Lanham Act and certain rights under the Trademark Cyberpiracy Prevention Act. Your actions violate numerous laws that provide for civil and criminal penalties for which you may be liable, and provide Mr. Rose with numerous remedies including, without limitation, injunctive relief and recovery of actual and/or statutory damages.

Demand is hereby made that you immediately cease and desist from using Mr. Rose's name in any manner, and that you immediately cease and desist from fraudulently holding yourself out publicly as Mr. Rose. In the event that you fail to do so, Mr. Rose has instructed us to vigorously pursue all legal action necessary to protect his rights.

Nothing contained herein or omitted herefrom shall constitute an admission as to any matter or as a waiver or full explication of our client's rights, remedies, contentions, damages and defenses, each of which is specifically reserved.

.........................................

Standard language, I imagine the other letters are more of the same. Also, recently Sean from CD.com and Jarmo both have said that they get the letters as well.

Ali

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Why would multiple suits ensue? If someone sends you a letter, what says you have to keep it private?

Im not sure whether or not it would be illegal for him to show us the letter. But I do know it would piss Axl off enough to pursue legal actions instead of just threatening them.

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he won't because he's a good guy. despite all the colossal disappointments that his all support for axl rose ultimately yielded, he's not a vicious or mean-spirited guy. not like me or bba, who find axl's trainwreck to be a comedy worthy of ridicule.

it must be a little disheartening that this is how it all ended for him, but i don't think he wants to participate in trashing axl for it. even though he could. i bet he's heard some amazing stuff.

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It must be strange be thanked in the Chinese Democracy credits, being invited backstage, and then getting legal threats.

I have had this same thought ever since this whole thing started last week. Must be a trip for sure.

I would love to see the letters go public, but I'm sure they won't. Just as I would love to here Eric's tales from behind the scenes of this place.

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It must be strange be thanked in the Chinese Democracy credits, being invited backstage, and then getting legal threats.

People seem to be treating the letters as being a lot more personal than they really are. They're not exactly intended as a vindictive attack on Eric (Or Jarmo or Sean). Even though Eric got the invites and back stage passes and stuff, that doesn't mean he's allowed to let things run amock. As the forum owner and admin, he's the one responsible. These letters would, and clearly have, been sent to any forum where stuff like this went down...the fact this is one of the biggest ones is why so many people start shit over here....e.g. the MSL stuff. Stuff like that, or even people protending to be Axl or any other member, is potentially damaging and those involved want and deserve their rights to be upheld.

And a lot of legal letters will expressly state (as a law student with work experience behind me, i've seen enough...even if it is the UK, not the US) that the letters are confidential and not to be disclosed. Why would Eric, or anyone else, want to jeapordise themselves so openly and easily?

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Here's one Jarmo posted from back in 2003 with regard to the LatigoHammers fiasco:

To Whom It May Concern:

This law firm represents W. Axl Rose and the musical group "Guns N' Roses." We have been advised that without authorization you are submitting posts on various on-line message boards and chat rooms using the screen names "LatigoBurns" or "LatigoHammers," signing your posts as "Axl" and in fact purporting to be Mr. Rose.

Please be advised that your actions constitute, among other offenses, a wrongful use and misappropriation of Mr. Rose's name in violation of his federal and state common law rights, as well as federal and state statutory rights including, without limitation, rights of publicity, rights under the Lanham Act and certain rights under the Trademark Cyberpiracy Prevention Act. Your actions violate numerous laws that provide for civil and criminal penalties for which you may be liable, and provide Mr. Rose with numerous remedies including, without limitation, injunctive relief and recovery of actual and/or statutory damages.

Demand is hereby made that you immediately cease and desist from using Mr. Rose's name in any manner, and that you immediately cease and desist from fraudulently holding yourself out publicly as Mr. Rose. In the event that you fail to do so, Mr. Rose has instructed us to vigorously pursue all legal action necessary to protect his rights.

Nothing contained herein or omitted herefrom shall constitute an admission as to any matter or as a waiver or full explication of our client's rights, remedies, contentions, damages and defenses, each of which is specifically reserved.

.........................................

Standard language, I imagine the other letters are more of the same. Also, recently Sean from CD.com and Jarmo both have said that they get the letters as well.

Ali

After reading this it makes me think of my work a bit. I have people who watch for inappropriate behaviour and they notify the offender that it has been observed and to stop the behaviour. If they see that it continues, then it would come to me to decide whether I am going to take further action, in my case disciplinary action. But in most cases, the offender stops and I might never even be made aware of it. This sounds very much the same.

It also seems like a good idea, like the celebrities that actually sue the tabloids that lie about them. The tabloid will ease up on that celebrity a bit because s/he has become too risky to pursue.

I don't think they had any choice but to go after this specific example. You can't use the guy's name.

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The only person who should leak info like that should be someone who's lawyered up or Julian Assange. If Azoff wants to hire someone to do it for him, that's fine, too. I would've sent it to Smoking Gun if I wanted to stir shit up and let them decide what to do with it. Fansites are the last place you want to fuck with personal info.

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It must be strange be thanked in the Chinese Democracy credits, being invited backstage, and then getting legal threats.

People seem to be treating the letters as being a lot more personal than they really are. They're not exactly intended as a vindictive attack on Eric (Or Jarmo or Sean). Even though Eric got the invites and back stage passes and stuff, that doesn't mean he's allowed to let things run amock. As the forum owner and admin, he's the one responsible. These letters would, and clearly have, been sent to any forum where stuff like this went down...the fact this is one of the biggest ones is why so many people start shit over here....e.g. the MSL stuff. Stuff like that, or even people protending to be Axl or any other member, is potentially damaging and those involved want and deserve their rights to be upheld.

And a lot of legal letters will expressly state (as a law student with work experience behind me, i've seen enough...even if it is the UK, not the US) that the letters are confidential and not to be disclosed. Why would Eric, or anyone else, want to jeapordise themselves so openly and easily?

Agreed. Level-headed perspective on the C&D letters. To be honest, and nothing personal HV, I'm surprised given that you've stated you're a law student, you don't share the same perspective as seely. But, then again, I understand you are closer to the situation.

Ali

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C&D letters are not confidential seely.

I was about to say the same. I received one from Axl's lawyers back in 2008 that I'll post later tonight.

It isn't as interesting as some are making it out to be. I believe it came from a law office on Rodeo Drive.

I believe the charge they were threatening me with was 'Incitement to Infrigement' (something like that).

Edited by Gun Shy Assassin
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C&D letters are not confidential seely.

Well, he didn't say they necessarily were. He said "a lot of legal letters". Obviously, C&D letters aren't necessarily confidential as Jarmo posted one on his site.

Ali

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Guest gunns5

I do think if the forum is to continue on a bit more transparency would go a long way into this place really prospering. Making these letters/documents public would be a good thing as it shines light on both sides of the story so we can all make our own mind up on what really happened/or is happening.

my 0.01 cents.

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Here's one Jarmo posted from back in 2003 with regard to the LatigoHammers fiasco:

To Whom It May Concern:

This law firm represents W. Axl Rose and the musical group "Guns N' Roses." We have been advised that without authorization you are submitting posts on various on-line message boards and chat rooms using the screen names "LatigoBurns" or "LatigoHammers," signing your posts as "Axl" and in fact purporting to be Mr. Rose.

Please be advised that your actions constitute, among other offenses, a wrongful use and misappropriation of Mr. Rose's name in violation of his federal and state common law rights, as well as federal and state statutory rights including, without limitation, rights of publicity, rights under the Lanham Act and certain rights under the Trademark Cyberpiracy Prevention Act. Your actions violate numerous laws that provide for civil and criminal penalties for which you may be liable, and provide Mr. Rose with numerous remedies including, without limitation, injunctive relief and recovery of actual and/or statutory damages.

Demand is hereby made that you immediately cease and desist from using Mr. Rose's name in any manner, and that you immediately cease and desist from fraudulently holding yourself out publicly as Mr. Rose. In the event that you fail to do so, Mr. Rose has instructed us to vigorously pursue all legal action necessary to protect his rights.

Nothing contained herein or omitted herefrom shall constitute an admission as to any matter or as a waiver or full explication of our client's rights, remedies, contentions, damages and defenses, each of which is specifically reserved.

.........................................

Standard language, I imagine the other letters are more of the same. Also, recently Sean from CD.com and Jarmo both have said that they get the letters as well.

Ali

That was in 2003. That was a long time ago and a different Jarmo.

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The MSL deal seems to have just gone away. Reading between the lines of MSL's posts on his website, it seems to me like he took a payout from Axl/GNR and shut up about the whole deal. There hasn't been any verification of this as far as I know, but there hasn't been any denials, either. Some of the stuff would have been interesting, but most of it seemed like none of our business in my opinion. (from what was talked about at least)

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The MSL deal seems to have just gone away. Reading between the lines of MSL's posts on his website, it seems to me like he took a payout from Axl/GNR and shut up about the whole deal. There hasn't been any verification of this as far as I know, but there hasn't been any denials, either. Some of the stuff would have been interesting, but most of it seemed like none of our business in my opinion. (from what was talked about at least)

I would imagine Axl is holed up because of that whole situation.

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Here's one Jarmo posted from back in 2003 with regard to the LatigoHammers fiasco:

To Whom It May Concern:

This law firm represents W. Axl Rose and the musical group "Guns N' Roses." We have been advised that without authorization you are submitting posts on various on-line message boards and chat rooms using the screen names "LatigoBurns" or "LatigoHammers," signing your posts as "Axl" and in fact purporting to be Mr. Rose.

Please be advised that your actions constitute, among other offenses, a wrongful use and misappropriation of Mr. Rose's name in violation of his federal and state common law rights, as well as federal and state statutory rights including, without limitation, rights of publicity, rights under the Lanham Act and certain rights under the Trademark Cyberpiracy Prevention Act. Your actions violate numerous laws that provide for civil and criminal penalties for which you may be liable, and provide Mr. Rose with numerous remedies including, without limitation, injunctive relief and recovery of actual and/or statutory damages.

Demand is hereby made that you immediately cease and desist from using Mr. Rose's name in any manner, and that you immediately cease and desist from fraudulently holding yourself out publicly as Mr. Rose. In the event that you fail to do so, Mr. Rose has instructed us to vigorously pursue all legal action necessary to protect his rights.

Nothing contained herein or omitted herefrom shall constitute an admission as to any matter or as a waiver or full explication of our client's rights, remedies, contentions, damages and defenses, each of which is specifically reserved.

.........................................

Standard language, I imagine the other letters are more of the same. Also, recently Sean from CD.com and Jarmo both have said that they get the letters as well.

Ali

This is ridiculous!!

So it means that "Axl" isn't a name but a trademark that only he have the right to use?!

Hilarious, ridiculous!! Mr. Rose has notinhg better to do than to threaten his own fans for signing his name!! SICK

/ASSHOLE ROSE :rofl-lol:

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