Forums > Queen - Serious Discussion > Queen lose court case because they cannot prove they are British

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YourValentine user not visiting Queenzone.com
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YourValentine
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Posted: 21 Oct 04, 03:52 Edit this post Reply to this post Reply with Quote

This is not a joke: Queen lost a law suit in Cologne, Germany because they failed to prove they are British and can file the law suit in Germany as EU citizens!

Queen filed the law suit against a company that illegally licensed another company to publish a live recording of We Will Rock You from a 1977 concert in New York. Queen argued that the company has no right to give this license and asked for recompensation for lost revenues.

However, the law suit failed because Queen did not prove their nationality to the court. They provided some internet printouts describing the birth places of John Deacon, Brian May and Roger Taylor but the court did not accept these as a prove of nationality.

Here is the official press issue:
http://www.justiz.nrw.de/IndexSeite/Presse/presse_weitere/PresseOLGs/15_10_2004.html


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Regor user not visiting Queenzone.com

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Posted: 21 Oct 04, 04:31 Edit this post Reply to this post Reply with Quote

German dispensation of justice - utter nonsense.
Really laughable !

By the way I never understood why there is nothing officially available from Madison Square Garden, as it is one of the most prestigous venues worldwide...


Guten Tag und Guten Abend !!! We had a great time in Cologne. Drinking beer in the sunshine beside the Mighty Rhein brought back many memories for me..... (Brian May, 2004)
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Posted: 21 Oct 04, 04:46 Edit this post Reply to this post Reply with Quote

Why the hell am I worried about MP3 files then? If Queen can't prove for German law that they're from Britain, then I think for Czech law they won't be even able to prove that they actually existed.

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Posted: 21 Oct 04, 05:12 Edit this post Reply to this post Reply with Quote

just imagine if they were french...


2+2=5
Penis - Vagina user not visiting Queenzone.com

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Posted: 21 Oct 04, 11:18 Edit this post Reply to this post Reply with Quote

Heh! "incoming goods wants to skirt you" I love translators!

In English:
In one of the members of the group of skirts of "Queen" claimant copyright controversy the OLG Cologne had to be concerned with the question of the nationality of the volume members.

The plaintiffs are the three members of "Queen", remaining after the death of Freddie Mercury, the deplored ones are one on the clay/tone carrier market active GmbH and their managing director. The deplored GmbH gave other companies licenses for the publication of a Mitschnitts of the title "incoming goods wants to skirt you", which had developed on the occasion of an Live appearance of "Queen" in the year 1977 in New York. The plaintiffs deny the authorization of the GmbH for licensing on third. They take both deplored ones on omission of the production, spreading and Lizenzierung of clay/tone carriers with the title "incoming goods want to skirt up you" as well as on giving information and statement of the obligation to pay damages. Over the fortune of the deplored GmbH in the meantime the insolvency procedure was opened. The complaint against the deplored managing director rejected the LG Cologne. The appointment of the plaintiffs arranged here did not have a success (OLG Cologne, judgement v. 22. 9. 2004 - 6 U 50/04, not validly):

As exercising artists inland protection can be entitled to the plaintiffs in accordance with condition of German copyright, if they are member of an European Union member state. For their of them - of the deplored ones denied - British nationality maintained it meanwhile no suited proof would have begun. It is neither obvious nor court well-known that the plaintiffs are the British. The celebrity of "Queen" of references above all their musical work. The fact that also a as special status question admits as the nationality of the volume members in Germany of general interest and the nationality therefore generally is cannot be accepted. An InterNet excerpt with data to their places of birth, submitted by the plaintiffs, is without realization value. If the places specified therein should lie in Great Britain, it does not follow alone from the fact inevitably that the plaintiffs are at all or anyhow today still the British. In the civil proceedings the court cannot be referred also to own searches in Biographien or not InterNet information designated more near. The "expert opinion" offered by the plaintiffs is not an evidence suitable for the proof of a certain nationality. To further protection regulations the plaintiffs could appoint themselves, independently of the nationality, not with success.

Ruediger Pamp
Departmental head for pressing and public work


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Posted: 21 Oct 04, 15:27 Edit this post Reply to this post Reply with Quote

Nice one Mr. Scully !!!! LOL


:-)

James

Copenhagen

Denmark

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Posted: 21 Oct 04, 15:50 Edit this post Reply to this post Reply with Quote

Mr. Scully wrote:

Why the hell am I worried about MP3 files then? If Queen can't prove for German law that they're from Britain, then I think for Czech law they won't be even able to prove that they actually existed.


what´s an mp3? prove it exists! asks the German court


2+2=5
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Posted: 21 Oct 04, 15:56 Edit this post Reply to this post Reply with Quote

Krouts 'pffft'


Chom own mudder fukker.
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Posted: 21 Oct 04, 20:56 Edit this post Reply to this post Reply with Quote

While we can all laugh, I honestly don't see how an internet printout is really proof in *any* court of law. Didn't they bring their passports?

high-flying-adored user not visiting Queenzone.com

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Posted: 21 Oct 04, 22:06 Edit this post Reply to this post Reply with Quote

Mr. Scully wrote:

Why the hell am I worried about MP3 files then? If Queen can't prove for German law that they're from Britain, then I think for Czech law they won't be even able to prove that they actually existed.


Well then, how the hell can they prove that they exist themselves, if lack of a country is enough to set off the jury as to a change in idea of actual existence? WAUGH!!!!

Sometimes Germans can be rather stupid. But then, if Queen wouldn't tell them ... there you go.


"As to a martini, I'm willing and able,

But only make it two at most.

Three martinis, I'm under the table --

Four, and I'm under the host!"
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Posted: 21 Oct 04, 22:42 Edit this post Reply to this post Reply with Quote

They shoulda brought a tape of the 1981 Killer Queen video instead. That woulda told the court all they needed to know.

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Posted: 22 Oct 04, 05:50 Edit this post Reply to this post Reply with Quote

Hi,

I just read the complete court decision and I must say that the only stupid people in this case are queen and their laywers.

It's quite simple: In order to "use" the copyright law, you have to be a german citizen or a citizen of an other european country. I dont't know the system in other countrys, but in Germany, you have to prove certain things when your in court. In this case, one important thing was to prove to be a german citizen or citizen of another european country.

The court says in his decsion, that of course Queen are a well known and famous band. But they are famous for their music. Even if you know that the members are born in England (except Freddie) that does not mean that they are still british citizens today.

By the way, this was already the "appeal court" (I don't know if this is the correct english word. It means that this was already the second court case). They lost the first court case in 2003 because of the same reasons. Obviously their laywers asked the court to use an expert opinion (!) to prove their british. Now that's what I call stupid. You cannot ask a court to use (and pay) a consultant in order to figure out the citizenship of the complainant. And you certainly cannot expect, that a german court will accept a printed website as a proof for their citizenship. THAT is quite ridiculous.


Schlipsi





Sometimes Germans can be rather stupid. But then, if Queen wouldn't tell them ... there you go.



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Posted: 22 Oct 04, 08:22 Edit this post Reply to this post Reply with Quote

So,they aren't english anymore ?
Maybe John is French now ;-)

S@turn user not visiting Queenzone.com

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Posted: 22 Oct 04, 11:20 Edit this post Reply to this post Reply with Quote

thought it is simple

An internet document is not a prove that you excist (or however you write that word)

Not *that* strange that a court is not impressed about a digital print and in fact asks for official documents




Another fantastic posting of a wonderful person!

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Posted: 22 Oct 04, 11:54 Edit this post Reply to this post Reply with Quote

Okay then, that makes the Queen folks even dumber indeed. First they lost, and their 'proof' for the appeal was this print-out from the internet.. brilliant! Would it be so difficult to obtain some legal proof from the guys before going to court? Well, John maybe :-P

Mr Mercury user not visiting Queenzone.com
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Posted: 23 Oct 04, 08:10 Edit this post Reply to this post Reply with Quote

Brian has since said that this is rubbish. Check out his soapbox

http://www.brianmay.com/brian/brianssb/brianssb.html


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But as soon as I step in dog shit, I can moonwalk better than Michael Jackson."
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Posted: 23 Oct 04, 08:44 Edit this post Reply to this post Reply with Quote

Didn't they move their business to Munich(or woz it Switzerland)sometime in the late 70's? Because of the tax in the UK? Maybe that's what this is all about...Or woz that only about the studio's? Somebody else know more about this?


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Posted: 23 Oct 04, 08:53 Edit this post Reply to this post Reply with Quote

They evaded taxes by living outside the UK 300 days of the year or something like that. That`s why they recorded all their albums from Jazz to The Works (and the first part of Magic sessions) in either France, Switzerland, (West) Germany or the States. Except for the Flash Soundtrack but I have no idea why. John commented that when Fred came back to live in London (during A Kind Of Magic sessions) the band recorded again there (at Townhouse Studios). It seems that Fred was pretty important in those decisions then


John hated HS. Fred's fave singer was not PR. Roger didn't compose 'Innuendo.' Witness testimonies are often inaccurate. Scotland's not in England. 'Bo Rhap' hasn't got 180 voices.
Schlipsi user not visiting Queenzone.com

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Posted: 23 Oct 04, 10:36 Edit this post Reply to this post Reply with Quote

Hi,

what Brian writes on his soapboax, that is rubbish. I did not only read the press release of the court, i read the official court decision itself (8 pages). And forgive me, when a german court (and this was the "Oberlandesgericht", a higher regional court) says, that they were not willing or to stupid to prove their citizenship, than I believe this court. You can all read it here in the court descision (if you can understand german).

http://www.olg-koeln.nrw.de/home/presse/archiv/urteile/2004/6U050-04u.pdf

Maybe Brian does not know the whole story. If I was his laywer and I was so stupid not to prove their citizenship and as a consequence I lost the case, then I probably wouldn't tell that to QP...;-))

To make it clear: They lost this case because they could not prove that they are british. That's a fact. It's there in the court decision. If Brian says something different, he is either lying or he does not know what he is talking about.

Mr Mercury wrote:

Brian has since said that this is rubbish. Check out his soapbox

http://www.brianmay.com/brian/brianssb/brianssb.html>

YourValentine user not visiting Queenzone.com
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Posted: 28 Oct 04, 14:20 Edit this post Reply to this post Reply with Quote

That's a bit more than just "rubbish" :)


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