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11/28/07

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TheCoolerKing

TheCoolerKing

NEWSWIRE

Los Angeles, CA

NOV 20, 2007 05:04 PM



I'm sure most of you are familiar with Showtime's hit series "Californication," whether it's from SG's own involvement with the show and character DaniCA, or recent interview with series creator, Tom Kapinos.

Today it was announced that the Red Hot Chili Peppers are now suing the show for "unfair competition, dilution of the value of the name and unjust enrichment," claiming the title of the show was stolen from the band's 1999 album, of the same name.

Sounds like a pretty open and shut case. I'm fairly certain the word "Californication" preceded the band's album. But, if it didn't... if the show actually "stole" this word... this word that's been around for decades... and they can somehow destroy all memory of the word, prior to their album... then I guess they should win their case.

Oh, except for this crucial piece of evidence. The Red Hot Chili Peppers fucking suck. How about that part?

Can that be entered into a case? Maybe one of the lawyers on this site can enlighten me. How does the fact that they fucking suck, and always have sucked, affect their case here? Surely, years and years of sucking limits your ability to take legal action, in certain situations.

Yeah. No, thanks Chili Peppers -- we don't need to hear from you on this matter. I'm not 13 anymore. (Actual 13-year-olds think you're lame and creepy, and old.) You can go away now, fade into the distance, putting increasingly longer socks over yer increasingly elongated old man balls, before vanishing entirely. (That was ALWAYS funny by the way. Putting a sock over your dick. So alternative!)

I'm not 13, and have no need of your bullshit, faux-ternative garbage.

I don't hate my parents and I'm not looking to establish myself on the burgeoning Vernon, NJ skater/alterna-scene.

I'm not an attention starved snowboarder with a bad haircut inclined to "act crazy" whenever anyone's looking.

I'm not a filthy, drum-circle loving hippie.

I don't own a pair of devil sticks, nor do I ever feel the need to put on a large, felt, jester's hat.

I'm not wearing a dirty white dress, with my head down, dancing in a quasi-trancelike state while rhythmically tapping my stomach and side.

I don't hate my ears and wish to punish them by cramming yer fucking old-man racket into them.

It's not 1991.

You served your purpose, I laughed at the kids who embraced you the year after they loved reggae and the year before they got into metal.

Jocks who jumped on the alterna-wagon sure seemed to love you, too, I remember that much. Your fake hippie punk sure did help them relate better to losing the big game and then shaving lines into the sides of their heads.

You managed to get worse the older I got, and you don't fool too many people these days. You make music for kids... kids who no longer exist.

Sure, I bet there's a 38-year-old on this site who still enjoys putting on his copy of Blood, Sugar, Sex, Magik, right before he dons his martini-glass covered bowling shirt and says something like, "Vegas, Baby!" But, obviously, he doesn't count.

Maybe the show stole the title. Big deal. You force me to change the radio station at least once a day, every day. I'm all grown up now, and you can't fool people anymore.

If that judge is anything short of tone-deaf you'll be found guilty of sucking in the first degree. Sadly, the sentence for that is probably a Grammy.



TheCoolerKing grew up with many "attention starved snowboarders," and actually finds them to be hilarious company... on occasion.

Ridley

Ridley

SUICIDEGIRL

California, USA

NOV 20, 2007 08:05 PM

HOLY SHIT I agree 100%

Benzino

Benzino

Winnipeg, MB
November 2006

NOV 20, 2007 08:08 PM

They got like 3 good songs. But yeah I kind of lost repsect for them with this lawsuit. An asshole move.

larry_sellers

larry_sellers

I'm lost
June 2003

NOV 20, 2007 08:12 PM

Might have been a compelling argument if Green Day wasn't listed amongst your favorite bands.

WilliamTrinity

WilliamTrinity

Austin, TX
May 2004

NOV 20, 2007 08:12 PM

Dude, the chilli peppers actually have a good point. I could understand if it was just the show title, or just the character name "Dani". But two similarites go beyond coincidence. Its obvious someone was influenced by the Chilli Peppers' music when creating the show. They should be recognized for it... whether you like their music or not.



Rapid_Fire

Rapid_Fire

Saskatoon, SK
July 2007

NOV 20, 2007 08:17 PM

Hey, I like them.

You seem to rant on and on about the things you don't like, with only passing references to things that you do like. You should try being more positive.

But they'll probably lose the lawsuit anyways, regardless of your hatred of them.

Elettra

Elettra

SUICIDEGIRL

I'm lost

NOV 20, 2007 08:17 PM

You missed the part where the show has the character Dani California, like the character form RHCP's album. Coindinky, stink pinky.

For the record, I actually hate RCHP as well.

Benzino

Benzino

Winnipeg, MB
November 2006

NOV 20, 2007 08:19 PM

larry_sellers said:
Might have been a compelling argument if Green Day wasn't listed amongst your favorite bands.



Yeah Green Day blow. They are one of the biggest sell outs ever. So maybe he shouldn't diss RHCP

Rockoval

Rockoval

I'm lost
July 2006

NOV 20, 2007 08:21 PM

WilliamTrinity said:
Dude, the chilli peppers actually have a good point. I could understand if it was just the show title, or just the character name "Dani". But two similarites go beyond coincidence. Its obvious someone was influenced by the Chilli Peppers' music when creating the show. They should be recognized for it... whether you like their music or not.





Agreed, the Chilli Peppers have a right to, and should, protect their intellectual property.

Sid

Sid

SUICIDEGIRL

Colorado, USA

NOV 20, 2007 08:21 PM

In music copyright law class, I learned that you cannot copyright or claim rights to a song name or album name. It looks like RHCPs are shit out of luck on this one. Sucks to be them.

ink_slinger

ink_slinger

Edmonton, AB
October 2005

NOV 20, 2007 08:23 PM

WilliamTrinity said:
Dude, the chilli peppers actually have a good point. I could understand if it was just the show title, or just the character name "Dani". But two similarites go beyond coincidence. Its obvious someone was influenced by the Chilli Peppers' music when creating the show. They should be recognized for it... whether you like their music or not.




Yeah, I kind of agree. If it was only one or the other, I wouldn't have thought anything of it, but the two things together does seem like a pretty big coincidence.

_panda_

_panda_

I'm lost
November 2005

NOV 20, 2007 08:23 PM

larry_sellers said:
Might have been a compelling argument if Green Day wasn't listed amongst your favorite bands.



+ 1

Kettle is Black.

mamet

mamet

Charleston, SC
March 2005

NOV 20, 2007 08:26 PM

I just can't believe they consider "Californication" the "defining song, video and album" of their career. How unfortunate for them. I will, however, cop to still owning a copy of "Blood Sugar Sex Magik."

Granted, I know little about copyright law (and what I do know is related to theatre), but it seems weird to me that one can attempt to claim ownership of a singular word.

welchjsn

welchjsn

Bethalto, IL
July 2005

NOV 20, 2007 08:27 PM

well, i started reading this thinking that the coolerking would be a good read as usual. but i must say this article sucked ass. i really dont give two shits why you dont like the rhcp. i was really hoping to see real justifaction as to why you thought it was a lame move by rhcp. oh well, here is hoping the next article is worth reading.

mamet

mamet

Charleston, SC
March 2005

NOV 20, 2007 08:27 PM

Benzino said:
They got like 3 good songs. But yeah I kind of lost repsect for them with this lawsuit. An asshole move.



We're still, as adults, using the term "sell out?"

RudieCantFail

RudieCantFail

I'm lost
January 2006

NOV 20, 2007 08:28 PM

MY TASTE IN MUSIK IZ SUPEREOR TO ALL UTHERZ!

U R ALL UNKULCHURED FILISTEENZ!

filmjedi

filmjedi

Brighton, MA
June 2004

NOV 20, 2007 08:30 PM

blood sugar sex magik is a perty good record.

Benzino

Benzino

Winnipeg, MB
November 2006

NOV 20, 2007 08:31 PM

mamet said:

Benzino said:
They got like 3 good songs. But yeah I kind of lost repsect for them with this lawsuit. An asshole move.



We're still, as adults, using the term "sell out?"



Let;s see. They turned into a pop punk act when they started as a punk band. Then they weren't selling enough albums so Bilie Joe decided to wear makeup and turn Green Day into a shitty emo band. I say that is a prime reason to label them sell outs.

roguemind

roguemind

Groton, CT
October 2006

NOV 20, 2007 08:32 PM

Benzino said:

larry_sellers said:
Might have been a compelling argument if Green Day wasn't listed amongst your favorite bands.



Yeah Green Day blow. They are one of the biggest sell outs ever. So maybe he shouldn't diss RHCP



This point has always baffled me. Personally I like a little money every now and then. And if I could make money of of something I know how to do your damm right I would sell it. Weather or not you like the music this point is stupid.

ink_slinger

ink_slinger

Edmonton, AB
October 2005

NOV 20, 2007 08:35 PM

Sid said:
In music copyright law class, I learned that you cannot copyright or claim rights to a song name or album name. It looks like RHCPs are shit out of luck on this one. Sucks to be them.



Well, I guess they don't have a case, then. Still, it does seem like the show was probably influenced by their music.

welchjsn said:
well, i started reading this thinking that the coolerking would be a good read as usual. but i must say this article sucked ass. i really dont give two shits why you dont like the rhcp. i was really hoping to see real justifaction as to why you thought it was a lame move by rhcp. oh well, here is hoping the next article is worth reading.



Pretty much my thoughts, too.

mamet said:
I just can't believe they consider "Californication" the "defining song, video and album" of their career. How unfortunate for them.



Sad, indeed.

sushisplooge

sushisplooge

Los Angeles, CA
October 2007

NOV 20, 2007 08:36 PM

interesting article... but I wonder how he feels about the band....

Sid

Sid

SUICIDEGIRL

Colorado, USA

NOV 20, 2007 08:37 PM

ink_slinger said:

Sid said:
In music copyright law class, I learned that you cannot copyright or claim rights to a song name or album name. It looks like RHCPs are shit out of luck on this one. Sucks to be them.



Well, I guess they don't have a case, then. Still, it does seem like the show was probably influenced by their music.



Influence is not infringement. No case. Any court that specializes in entertainment law should toss this right out. I'm surprised they were even allowed to file... but I guess the world is full of dumb lawsuits.

mamet

mamet

Charleston, SC
March 2005

NOV 20, 2007 08:37 PM

Benzino said:

mamet said:

Benzino said:
They got like 3 good songs. But yeah I kind of lost repsect for them with this lawsuit. An asshole move.



We're still, as adults, using the term "sell out?"



Let;s see. They turned into a pop punk act when they started as a punk band. Then they weren't selling enough albums so Bilie Joe decided to wear makeup and turn Green Day into a shitty emo band. I say that is a prime reason to label them sell outs.



What is the acceptable amount of records one can sell before being labeled a "sell out?"

Green Day is not emo, at all.

Ladie

Ladie

SUICIDEGIRL

California, USA

NOV 20, 2007 08:37 PM

I thought I was the only person on the planet who doesn't like them. Thank you for making me feel like that much less of a freak.

defaultx

defaultx

I'm lost
February 2006

NOV 20, 2007 08:41 PM

peppers have gotten better with age , most great artist decline after 7 to 10 yrs.

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