Wal-Mart is sued over rude lyrics

Phantasee · Post by **Phantasee** » 2004-12-11 11:58pm

http://news.bbc.co.uk/2/hi/entertainment/4088757.stm

Shit...oops, sorry folks. I guess that was an offending word!

The parents of a 13-year-old girl are suing US supermarket giant Wal-Mart over a CD by rock group Evanescence that contains swear words.

The lawsuit, filed in Washington County, alleges Wal-Mart deceived customers by not putting warning labels on the cover.

Trevin Skeens alleges Wal-Mart knew of the offending word because it had censored it on its music sales website.

Wal-Mart said it was investigating the claims but had no plans to pull the CD.

Wal-Mart has a policy of not stocking CDs which carry parental advisory labels.

Mr Skeens said he bought the Anywhere But Home CD for his daughter and was shocked to hear the swearing when it was played in their car.

Damages claim

"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 Mr Skeens of Brownsville.

The lawsuit seeks to force Wal-Mart to censor the music or remove it from its stores in Maryland.

It also seeks damages of up to $74,500 (£38,660) for every customer who bought the CD at Maryland Wal-Marts, and also naming record label Wind-Up Records and distributor BMG Entertainment in the legal action.

"While Wal-Mart sets high standards, it would not be possible to eliminate every image, word or topic that an individual might find objectionable," Wal-Mart spokesman Guy Whitcomb told the Herald-Mail of Hagerstown.

The Cleric · Post by **The Cleric** » 2004-12-12 12:01am

What do they say on the CD?

Knife · Post by **Knife** » 2004-12-12 12:05am

Not that Walmart is squicky clean, but thats dumb. I wonder if the parents win a lot of money from the suit, if the appeals court can retract it if the parents say 'Holly shit, we won. We really fucking won. I don't believe they fell for this shit!'.

Wicked Pilot · Post by **Wicked Pilot** » 2004-12-12 12:08am

Goddamnit, who put the corn cob up that guy's ass? Perhaps someone should enlighten him that Wal-Mart can sell to adults pretty much whatever kind of speech/art they want.

Joe · Post by **Joe** » 2004-12-12 12:09am

So I wonder how the lawyer who will argue that the family of a kid who hears a few dirty words on a music CD is entitled to $74,500 in damages sleeps at night.

frigidmagi · Post by **frigidmagi** » 2004-12-12 12:25am

So I wonder how the lawyer who will argue that the family of a kid who hears a few dirty words on a music CD is entitled to $74,500 in damages sleeps at night.

He uses the 2/3s of that money, which he gets has his fee, has a pillow. Or he just doesn't give a damn, like most mercenaries.

Post by **Darth Wong** » 2004-12-12 12:32am

Oh, what I wouldn't give to see the following:

In a tersely worded press release issued today, Wal-Mart told Mr. Skeens to go fuck himself.

Too bad it won't actually happen.

Mitth`raw`nuruodo · Post by **Mitth`raw`nuruodo** » 2004-12-12 01:16am

according to Faux News it was "T3h F-Word". *gasp*

Post by **Kuja** » 2004-12-12 01:18am

Jesus fucking Christ, I hate humanity sometimes.

neoolong · Post by **neoolong** » 2004-12-12 01:43am

""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 Mr Skeens of Brownsville."

Here's an idea, how about the parents check the lyrics before buying the CD for their kids. You know, actual parenting.

Asst. Asst. Lt. Cmdr. Smi · Post by **Asst. Asst. Lt. Cmdr. Smi** » 2004-12-12 02:00am

I'm wondering: Exactly what "damages" are caused by a 13 year-old hearing a few swear words?

White Haven · Post by **White Haven** » 2004-12-12 02:10am

Apparently, about 75 grand in counseling fees.

darthdavid · Post by **darthdavid** » 2004-12-12 02:42am

LIke she's never heard worse at school...

Meest · Post by **Meest** » 2004-12-12 04:43am

I want 75k in damages for having to be exposed to these morons. If this goes through I'm gathering every niece and nephew I got, I'll be damned if these tards are only allowed to abuse the system.

2000AD · Post by **2000AD** » 2004-12-12 06:45am

Darth Wong wrote:Oh, what I wouldn't give to see the following:
In a tersely worded press release issued today, Wal-Mart told Mr. Skeens to go fuck himself.
Too bad it won't actually happen.

yup, people don't react well to the South Park solution unfortunatly. If they did it might be a better world.

HemlockGrey · Post by **HemlockGrey** » 2004-12-12 07:36am

The obvious joke is that Wal-Mart's real crime lies in selling Evanescene albums period.

Keevan_Colton · Post by **Keevan_Colton** » 2004-12-12 08:07am

If this doesnt get thrown the fuck out of court, there's no sense/justice/fucking SENSE in the US legal system. After all, they're naming the music label too...and while I like music labels about as much as I like walmart, censorship is not going to fly....

Lord Pounder · Post by **Lord Pounder** » 2004-12-12 08:34am

I'd always heard that Evansecance where christian rock? Either way even if there was a swear word in it big fucking deal. Fuck is just a word like any others. Live in the real world and you'll hear much worse. Crap like this whats wrong with the so-called Land of The Free. Land of the Free as long as you do everything the church tells you to do i guess.

Stormbringer · Post by **Stormbringer** » 2004-12-12 11:49am

You've got to love morons and the bottom feeding lawyers that support them.

Stormbringer · Post by **Stormbringer** » 2004-12-12 11:52am

Lord Pounder wrote:I'd always heard that Evansecance where christian rock?

Wah? IF anything they're goth electronic, certainly not conventionally christian by any stretch.

Lord Pounder wrote:Fuck is just a word like any others. Live in the real world and you'll hear much worse. Crap like this whats wrong with the so-called Land of The Free. Land of the Free as long as you do everything the church tells you to do i guess.

The problem is morons are free to file useless, moronic suits like this. They just need to give judges broadened discretion to throw out moronic cases like this and if need by fine planitiffs and lawyers that file patently ridicilous suits.

Ace Pace · Post by **Ace Pace** » 2004-12-12 11:59am

HemlockGrey wrote:The obvious joke is that Wal-Mart's real crime lies in selling Evanescene albums period.

Its not that bad, period, unless i'm mixing it up with someone else.

DPDarkPrimus · Post by **DPDarkPrimus** » 2004-12-12 05:06pm

They could have had the "f-bomb" on the album, seeing as "fucker" and "fucking" is said on albums I have without Parental Advisory labels... but why wouldn't have Wal-Mart censored it?

Justforfun000 · Post by **Justforfun000** » 2004-12-12 05:17pm

Is this because of those ridiculously vague "anti-obscenity" type laws? So that essentially anything under the sun can be deemed taboo if enough people don't like it?

You know, there are just too many people that have to pull the 12 inch stick out of their arse and take fucking pill.

God, it's hard to believe that people could be so fucking pious.

So he'll waste valuable court time, and money, and everything else that goes with it just because THEY BOUGHT OF THEIR OWN FREE WILL and album that happened to have a word in it they don't like.

UN-fuckingbelievable.

To steal a line from the Ferris Bueler movie, "I weep for the future".

Marksist · Post by **Marksist** » 2004-12-12 05:36pm

but why wouldn't have Wal-Mart censored it?

They weren't thinking of the children..

egyptfrk · Post by **egyptfrk** » 2004-12-12 05:39pm

neoolong wrote: Here's an idea, how about the parents check the lyrics before buying the CD for their kids. You know, actual parenting.

What a novel concept!

Hopefully this will get thrown out of court quickly (if it even gets that far). More than likely, Walmart will settle this out of court.