Man suing Wal-Mart over Evanescence CD

[tk13]

http://story.news.yahoo.com/news?tmpl=story&cid=514&e=8&u=/ap/20041210/ap_on_en_mu/wal_mart_evanescence

Wal-Mart Sued Over Evanescence CD Lyrics

1 hour, 24 minutes ago Top Stories - AP


By DAVID DISHNEAU, Associated Press Writer

HAGERSTOWN, Md. - Wal-Mart Stores Inc., which promotes itself as a seller of clean music, deceived customers by stocking compact discs by the rock group Evanescence that contain the f-word, a lawsuit claims.

The hit group's latest CD and DVD, "Anywhere But Home," don't carry parental advisory labels alerting potential buyers to the obscenity. If they did, Wal-Mart wouldn't carry them, according to the retailer's policy.

But the lawsuit claims Wal-Mart knew about the explicit lyrics in the song, "Thoughtless," because it censored the word in a free sample available on its Web site and in its stores.

The complaint, filed Thursday in Washington County Circuit Court, seeks an order requiring Wal-Mart to either censor or remove the music from its Maryland stores. It also seeks damages of up to $74,500 for each of the thousands of people who bought the music at Wal-Marts in Maryland.

"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 plaintiff Trevin Skeens of Brownsville.

Skeens said he and his wife, Melanie, let their daughter buy the music for her 13th birthday and were shocked when they played it in their car while driving home.

Wal-Mart, of Bentonville, Ark., has no immediate plans to pull the CDs from its shelves, spokesman Guy Whitcomb told The (Hagerstown) Herald-Mail. He said the company will investigate the allegations. No hearing dates have been set.

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

He told the Herald-Mail that the song sample online was censored by Walmart.com, a separate division of Wal-Mart.

Whitcomb didn't return telephone calls Friday from The Associated Press.

The lawsuit also names as defendants Wind-up Records LLC, the New York-based company that recorded the music and decided not to apply parental-advisory stickers; and distributor BMG Entertainment, a subsidiary of Sony BMG Music Entertainment, of New York.

Sony BMG declined to comment on the lawsuit. Wind-up didn't return calls from the AP.

The Skeens' lawyer, Jon D. Pels of Bethesda, said he aims to "take this case national, even if that means going state by state."

He dismissed Whitcomb's suggestion that Wal-Mart stores didn't know about the censored version of the song. "They are a multimillion-dollar corporation and they certainly can communicate among their various entities," he said.

[TheNextStep]

F*** him.

[Saulbadguy]

What a ****ing ****er.

[TheNextStep]

F***in' A, Saul!

[ZootedGranny]

Wal-Mart should sue itself for carrying an Evenescence cd period.

[ChiefsCountry]

What is wrong with Evenescence? It is normally one of the few women singers that guys actually like to listen to and not just stare at.

[Bob Dole]

Oh, how Amy and the guys have Fallen.

The CM industry started turning on them over a year ago. Apparently Mr. Skeens hasn't been paying attention.

Bob Dole supposes that means someone has to pay.

[Skip Towne]

:shrug:

[Bob Dole]

Wal-Mart should sue itself for carrying an Evenescence cd period.


Bob Dole hasn't seen them since they were signed, but saw them live in a club setting twice and both were excellent shows.

[tk13]

I didn't think anything of it until I saw he was suing for $74,000....

[morphius]

What is wrong with Evenescence? It is normally one of the few women singers that guys actually like to listen to and not just stare at.
I liked their first albulm a lot, had to copy into my MP3 playlist. I guess it is just that musical taste vary's so wildly.

[CosmicPal]

Good gawd, don't EVER take your daughter to an art gallery or let her into any phucking public library system- she'll just turn into the devil's little diddy you freakin' asshat!

While you're being so protective of your daughter, get her off the Ritalin, don't let her drink coffee, keep her away from magazines, and for the love of gawd- KEEP HER OUT OF THE SCHOOLS!

The person I feel most sorry for her is that poor 13 yr old gal....dinnertime must be Hell in that household. Yes! I said the word, HELL, Trevin Skeens...I'm going to burn in HELL......ahhhhhhhhhh

[CosmicPal]

Good gawd, don't EVER take your daughter to an art gallery or let her into any phucking public library system- she'll just turn into the devil's little diddy you freakin' asshat!

While you're being so protective of your daughter, get her off the Ritalin, don't let her drink coffee, keep her away from magazines, and for the love of gawd- KEEP HER OUT OF THE SCHOOLS!

The person I feel most sorry for here is that poor 13 yr old gal....dinnertime must be Hell in that household. Yes! I said the word, HELL, Trevin Skeens...I'm going to burn in HELL......ahhhhhhhhhh

[The Bad Guy]

Please tell me how a curse word is worth 74,000?

These sue happy MF's should be shot.

[big nasty kcnut]

This is just stupidity in public folks the dad a whiny bitch just cause his little girl heard a cuss word. Here a clue i'd be more worried about your little girl spreading her legs for the local loser then hearing a cuss word.

[LiL stumppy]

Bob Dole hasn't seen them since they were signed, but saw them live in a club setting twice and both were excellent shows.


Maybe "Bob Dole" should stop saying his name in 3rd person because its not funny and it is just retarded. :shake:

[morphius]

Maybe "Bob Dole" should stop saying his name in 3rd person because its not funny and it is just retarded. :shake:
n00b step off.

[|Zach|]

Maybe "Bob Dole" should stop saying his name in 3rd person because its not funny and it is just retarded. :shake:
Shut up.

[ZootedGranny]

My problem with their music is that every song sounds nearly identical, and the sound itself is nothing special, and their whole existence seems forced. The singer has a nice voice, but it doesn't vary much, and it isn't very distinctive.

Basically, they are forgettable.

[|Zach|]

My problem with their music is that every song sounds nearly identical, and the sound itself is nothing special, and their whole existence seems forced. The singer has a nice voice, but it doesn't vary much, and it isn't very distinctive.

Basically, they are forgettable.
Who has a sound like theirs?

[Bob Dole]

Maybe "Bob Dole" should stop saying his name in 3rd person because its not funny and it is just retarded. :shake:

Maybe you should get someone to boost your stumpy li'l ass up on a chair so you're high enough to press your lips to Bob Dole's shiny white ass.

Maybe you should start a poll or something. If the community votes that Bob Dole should stop writing in the third-person, Bob Dole will change his name and stop.

If the community votes that Bob Dole should continue, Bob Dole gets to ban your stumpy li'l ass.

[Bob Dole]

My problem with their music is that every song sounds nearly identical, and the sound itself is nothing special, and their whole existence seems forced. The singer has a nice voice, but it doesn't vary much, and it isn't very distinctive.

Basically, they are forgettable.

If you had seen them pre-label signing, Bob Dole is pretty sure you wouldn't make any of those statements. Amy Lee's voice is beyond "nice" and their sound has been toned down to maximize sales.

[unlurking]

Just to be a prick...



Which way do you think this guy leans?

Liberal Left or Moral Right?

[LiL stumppy]

Maybe you should get someone to boost your stumpy li'l ass up on a chair so you're high enough to press your lips to Bob Dole's shiny white ass.

Maybe you should start a poll or something. If the community votes that Bob Dole should stop writing in the third-person, Bob Dole will change his name and stop.

If the community votes that Bob Dole should continue, Bob Dole gets to ban your stumpy li'l ass.

Ah I don't really care.Just lettin you know that you look like a retard. :rolleyes:

[CosmicPal]

Maybe you should get someone to boost your stumpy li'l ass up on a chair so you're high enough to press your lips to Bob Dole's shiny white ass.

Maybe you should start a poll or something. If the community votes that Bob Dole should stop writing in the third-person, Bob Dole will change his name and stop.

If the community votes that Bob Dole should continue, Bob Dole gets to ban your stumpy li'l ass.

Bob Dole is kewl with me.

No need for votes...we know who'd win that one.

[LiL stumppy]

Hey I dont care what he does.Just letting him know he looks like a imature reatrd.Thats all.

[unlurking]

Ah I don't really care.Just lettin you know that you look like a retard. :rolleyes:
When I first got here, I acted the same way. I thought it was totally retarded too.

After a while, I learned to appreciate the content of Banana man's posts and no longer even see the third person speech. It's become kind of like an accent when I read it!

;)

[Valiant]

Ah I don't really care.Just lettin you know that you look like a retard. :rolleyes:


butthole
+
foot
=
stummpy sore ass

[CosmicPal]

Hey I dont care what he does.Just letting him know he looks like a imature reatrd.Thats all.

Don't sell yourself short...I think we all know who looks like a imature reatrd.

[ZootedGranny]

Who has a sound like theirs?

Lacuna Coil, the Gathering, and a few others.

If you had seen them pre-label signing, Bob Dole is pretty sure you wouldn't make any of those statements. Amy Lee's voice is beyond "nice" and their sound has been toned down to maximize sales.

I'll take your word for it, but I'd have more respect if they didn't sell out like you're saying.

I'm not going to sit here and act like their style of music appeals to me. I'm not a pretentious **** like that guy that wrote the article of the 100 albums you should remove from your collection or whatever. But I'm not a fan of groups whose music seems forced, overly melodramatic or whose fans think if you don't like their favorite group that "You just don't get it."

I'm not here to tell people what to listen to...shit I have a goddamned Ying Yang Twin in my avatar, and I realize they suck. I was just dicking around with my first post.

[LiL stumppy]

I never had anything against him.Then he started being a jerk then I relized how retarded the whole 3rd party thing was.

[CosmicPal]

I never had anything against him.Then he started being a jerk then I relized how retarded the whole 3rd party thing was.

No offense stumppy, but until you learn how to spell correctly, I wouldn't be calling anyone a retard....get a clue.

[LiL stumppy]

Don't sell yourself short...I think we all know who looks like a imature reatrd.

I may not be able to spell anything,but if im going to call some one a RETARD I think I would try to spell it right. :rolleyes: Thank you,I am very imature. :rolleyes:

[LiL stumppy]

No offense stumppy, but until you learn how to spell correctly, I wouldn't be calling anyone a retard....get a clue.

I don't care if I cant spell correctly.Sorry didn't know I was here to please you and spell everything correctly :rolleyes:

[CosmicPal]

I may not be able to spell anything,but if im going to call some one a RETARD I think I would try to spell it right. :rolleyes: Thank you,I am very imature. :rolleyes:

immature with two "m's"

I'm going to teach you standard English if it breaks me...If there's one thing I can't stand is someone who abuses the English language, and then has the audacity to call others "retard"

[CosmicPal]

Ok where did I mis spell retard?

Take a gander at post 26 and my quote to that very post

[LiL stumppy]

Maybe you should learn first cause you can't spell retard.

[CosmicPal]

Are you referring to this post I made? I copied the very sentence you typed. Seriously, stumppy- who's the retard in all of this?

Don't sell yourself short...I think we all know who looks like a imature reatrd.

[LiL stumppy]

Sorry if im not the best speller.Please for give me.Because thats all I live for,is to please you.And I don't play on my 'puter at school then come home and sit on it for hours,so that must be why I misspelled retard.

[|Zach|]

Sorry if im not the best speller.Please for give me.Because thats all I live for,is to please you.And I don't play on my 'puter at school then come home and sit on it for hours,so that must be why I misspelled retard.
So time spent on a computer has a direct effect on someone's spelling ability...

The more you post the more you look like a complete fool.

[LiL stumppy]

No,but it does on their typing ability.

[|Zach|]

No,but it does on their typing ability.
So basically you voided the logic of your own comment.

Sorry if im not the best speller.Please for give me.Because thats all I live for,is to please you.And I don't play on my 'puter at school then come home and sit on it for hours,so that must be why I misspelled retard.

[badgirl]

So time spent on a computer has a direct effect on someone's spelling ability...

The more you post the more you look like a complete fool.
try to refrain from arguing with children, it makes you look like a complete fool :rolleyes:

[LiL stumppy]

Yea I don't know how to spell everything but I know how to spell retard.Ever heard of a typo?

[|Zach|]

try to refrain from arguing with children, it makes you look like a complete fool :rolleyes:
I don't know how old everyone on this board is. I don't expect children to be here at all so I just take posts as they come.

Seems he was old enough to try and walk his baby nuts around this thread and lash out at people so I don't see a problem.

You get what you give around here.

[LiL stumppy]

Well,this all started with Bob_Dole being a dick.Had nothing to do with you.So as far as im concerned I dont care what you say.None of it pisses me off.

[|Zach|]

Well,this all started with Bob_Dole being a dick.Had nothing to do with you.So as far as im concerned I dont care what you say.None of it pisses me off.
No actully it seems as though conversation was going pretty well and then you started calling people names and look like a bafoon.

[LiL stumppy]

The other day I simply stated that I like dodge and he said that I was stupid and what not.O yes thats very mature.

[LiL stumppy]

No actully it seems as though conversation was going pretty well and then you started calling people names and look like a bafoon.


All I said was that Bob_Dole looked like a retard when he talked in 3rd person.Never called you a name.

[|Zach|]

All I said was that Bob_Dole looked like a retard when he talked in 3rd person.Never called you a name.
Did I ever say you called me a name?

[tk13]

Way to try and get my thread moved to the romper room guys. :spock: Bob Dole didn't do a damn thing wrong in this thread, and if you think you're big enough to go around calling people dicks then be smart enough to know that people aren't exactly going to like it....

[Logical]

Maybe "Bob Dole" should stop saying his name in 3rd person because its not funny and it is just retarded. :shake:

Holy shiat the n00b is challenging the great and powerful Bob Dole. Bob Dole who has only been speaking in third person for 4 or 5 years now.

Vlad Logicslav disapproves.

[Logical]

Maybe you should get someone to boost your stumpy li'l ass up on a chair so you're high enough to press your lips to Bob Dole's shiny white ass.

Maybe you should start a poll or something. If the community votes that Bob Dole should stop writing in the third-person, Bob Dole will change his name and stop.

If the community votes that Bob Dole should continue, Bob Dole gets to ban your stumpy li'l ass.


ROFL Where is Rain Man when the community needs him.

[Donger]

Is there a lawyer in the house?

Are there any penalties for filing dumb-a$$ lawsuits?

Serious question.

[Chieficus]

I don't like the attitude of this thread. I was expecting a nice clean discussion about a dirty word on a CD, and it turned out to be a french glove-slap-fight. I am offended more than I have ever been.

And I'm suing for 74,500 post. I demand that be added to my post count.



:jester:

[|Zach|]

I don't like the attitude of this thread. I was expecting a nice clean discussion about a dirty word on a CD, and it turned out to be a french glove-slap-fight. I am offended more than I have ever been.

And I'm suing for 74,500 post. I demand that be added to my post count.



:jester:
This guy is gonna take us for all we are worth.

I will take one for the team...he can have my close but not quite 10k worth.

[LiL stumppy]

Im so happy my 500th post was aruing with grown men.

[tk13]

How old is lil stummpy? He's like 13 or 14 isn't he? How ironic is it that on a thread about somebody suing because their kid heard a cuss word that we have our own little kid insulting people and talking shit...

[LiL stumppy]

Yep im 13.And if it wern't for the people on her being jerks I never would have said a thing.But Bob_Doles comment pissed me off.

[|Zach|]

Yep im 13.And if it wern't for the people on her being jerks I never would have said a thing.But Bob_Doles comment pissed me off.
I thought you didn't care?

You can't have both it both ways jr.

[LiL stumppy]

I don't care what you say because I don't have a problem with you.What you say means absolutly nothing to me.

[|Zach|]

I don't care what you say because I don't have a problem with you.What you say means absolutly nothing to me.
So what Bob Dole says means alot to you?

I am sure he is flattered.

[Chieficus]

How old is lil stummpy? He's like 13 or 14 isn't he? How ironic is it that on a thread about somebody suing because their kid heard a cuss word that we have our own little kid insulting people and talking shit...

No kidding...if they don't think that they're kid has heard several cuss words in a day, and probably said some, then something's up...

When I was that age I always made sure to preview my music before we put it in the family car...

But even so, it's understandable why the parents would not like their child listening to a CD containing the F-word...however, instead of running out and finding a lawyer, he should have taken it back to the store and talked to the manager. I know that 99% of the time the retail places don't like to take an open CD back, but there is that 1% of the time that a case can be argued. There's also other measures one can take, such as trashing the CD and being out $13.99... maybe look for lyrics before purchase...

But no, let's just blame Wal-Mart...

[LiL stumppy]

So what Bob Dole says means alot to you?

I am sure he is flattered.

Maybe he will be

[Baby Lee]

I didn't think anything of it until I saw he was suing for $74,000....
Somebody wants to stay in state court.

[badgirl]

If this guy get awarded the 74 grand, by hell I will find SOMETHING, ANYTHING to sue somebody over.

[Skip Towne]

I have only known Bob Dole a couple of years, but I feel confident in saying that THAT started long before you were even an itch in your daddy's drawers.
I believe young Slayer here is due a name change. I nominate Junior Jag off.

[Hammock Parties]

OK, I'm going to poo now. [/Phobia]

[Hammock Parties]

This thread is comical.

The last person I recall busting on Dole for the third person schtick was gochiefs.

Seriously.

Yes, and I realized the error of my ways long ago. Bob_Dole's third-person ways are the essence of Chiefsplanet. They surround it, penetrate it and bind the board together.

[Hammock Parties]

Nothing of Bob Dole's is penetrating anything of mine.

Just wanted to make that clear right now.

Deny it all you want. But Bob Dole's third person essence is penetrating the entire board right now.

[Lzen]

Hey, Gochiefs. You should add to your sig. Johnnie Morton's stats: 53 catches, 750 yards, 2 TDs, and 2 INTs. :p

As for the thread topic, this is stupid. Suing them for 74k for a freakin' cussword. Gimme a break. :rolleyes: I think that kid has more to worry about than a cussword. Namely parents who are filled with greed.

Oh, and Lil Stumpy, you should go back to the playground. This is where the "adults" play.

[shaneo69]

Please tell me how a curse word is worth 74,000?

These sue happy MF's should be shot.

Did you ever decide on a lawyer for your lawsuit against that bastard jeweler in Aruba?


:p

[LiL stumppy]

Hey, Gochiefs. You should add to your sig. Johnnie Morton's stats: 53 catches, 750 yards, 2 TDs, and 2 INTs. :p

As for the thread topic, this is stupid. Suing them for 74k for a freakin' cussword. Gimme a break. :rolleyes: I think that kid has more to worry about than a cussword. Namely parents who are filled with greed.

Oh, and Lil Stumpy, you should go back to the playground. This is where the "adults" play.

Hey your funny.May I ask what all you "adults" play with?

[FloridaChief]

Holy shiat the n00b is challenging the great and powerful Bob Dole. Bob Dole who has only been speaking in third person for 4 or 5 years now.

Vlad Logicslav disapproves.

At least 5/6 years, maybe more. This guy has gotten more milage out of his schtick than Henny Youngman...

[LiL stumppy]

I believe young Slayer here is due a name change. I nominate Junior Jag off.


Thanks skip.That hurts. :rolleyes:

[badgirl]

You guys know this thread would not be half as long without Lil Stumppys comments

[badgirl]

Yes, I believe most here are capable of reading. It's kind of a prerequisite for successful communication via the board.whoa, let me back up :( :deevee:

[|Zach|]

What the hell are you talking about?
Looks like one P to me.

[LiL stumppy]

Omg nvm

[Logical]

You guys know this thread would not be half as long without Lil Stumppys comments

I will give a positive note for sticking up for what I assume is your little brother. Slap him upside the head next time you see him.

[badgirl]

I will give a positive note for sticking up for what I assume is your little brother. Slap him upside the head next time you see him.step-son, and he's bigger than me :deevee: but Lil Stumppy I can still slap you up side the head :)

[shaneo69]

No actully it seems as though conversation was going pretty well and then you started calling people names and look like a bafoon.

Look like a what?

[LiL stumppy]

I will give a positive note for sticking up for what I assume is your little brother. Slap him upside the head next time you see him.

Yea she is my sister and all :rolleyes:

[LiL stumppy]

Why is it when Bob Dole smarts off to me its no big deal but when I say something back Im the immature idiot?

[badgirl]

Looks like one P to me.I just noticed it is one P, not like dads huh, well, I've seen it all now. :harumph:

[Otter]

I'm soon moving to New Zealand to become fly fishing guide and heard goats for a living. This country has lost its way.

[LiL stumppy]

Thats what I was used to

[Otter]

Why is it when Bob Dole smarts off to me its no big deal but when I say something back Im the immature idiot?

Because he scares us.

[Baby Lee]

For all the hue and cry over the claimed amount of damages, this case actually has a relative amount of merit.

I'm no fan of either Parental Warnings Plastered on everything, or Walmart's policy of demanding censored recordings in order to sell in their stores. But those two safeguards were created for a reason. So whacko parents like this one could feel safe letting his daughter buy CDs from there without risk of 'adult' content. No one required Walmart of make this policy. But since they did, consumers have a right to rely on it. And they have a right to recompense, or at the very least to expose Walmart publically, if that reliance is breached.

[shaneo69]

Because he scares us.

You don't want to upset a guy who's going through the whole erectile dysfunction thing.

[Otter]

For all the hue and cry over the claimed amount of damages, this case actually has a relative amount of merit.

I'm no fan of either Parental Warnings Plastered on everything, or Walmart's policy of demanding censored recordings in order to sell in their stores. But those two safeguards were created for a reason. So whacko parents like this one could feel safe letting his daughter buy CDs from there without risk of 'adult' content. No one required Walmart of make this policy. But since they did, consumers have a right to rely on it. And they have a right to recompense, or at the very least to expose Walmart publically, if that reliance is breached.

I’m all for seeing Walmart being sued. It’s just the frivolous litigation and “the world owes me something attitude” that irks me.

This lawsuit and Walmart deserve each other as far as I’m concerned.

[Logical]

For all the hue and cry over the claimed amount of damages, this case actually has a relative amount of merit.

I'm no fan of either Parental Warnings Plastered on everything, or Walmart's policy of demanding censored recordings in order to sell in their stores. But those two safeguards were created for a reason. So whacko parents like this one could feel safe letting his daughter buy CDs from there without risk of 'adult' content. No one required Walmart of make this policy. But since they did, consumers have a right to rely on it. And they have a right to recompense, or at the very least to expose Walmart publically, if that reliance is breached.

That is actually a pretty decent argument. Posts like this are tough to debate. So I will just say I don't like prudes and hope this guy's daughter does not end up a social cripple.

[Valiant]

Omg nvm


hand to the face

hand to the face


man i should not have went to the bar for a few earlier... got to miss most of this gem...

[LiL stumppy]

Um actually there were 2 p's.But thanls for your comment.

[Valiant]

For all the hue and cry over the claimed amount of damages, this case actually has a relative amount of merit.

I'm no fan of either Parental Warnings Plastered on everything, or Walmart's policy of demanding censored recordings in order to sell in their stores. But those two safeguards were created for a reason. So whacko parents like this one could feel safe letting his daughter buy CDs from there without risk of 'adult' content. No one required Walmart of make this policy. But since they did, consumers have a right to rely on it. And they have a right to recompense, or at the very least to expose Walmart publically, if that reliance is breached.



But what damage was done to the girl... A cd sliped thru their censory, it does not fault them to being sued...

[patteeu]

Maybe you should get someone to boost your stumpy li'l ass up on a chair so you're high enough to press your lips to Bob Dole's shiny white ass.

Maybe you should start a poll or something. If the community votes that Bob Dole should stop writing in the third-person, Bob Dole will change his name and stop.

If the community votes that Bob Dole should continue, Bob Dole gets to ban your stumpy li'l ass.

Shouldn't that be "Bob Dole will change Bob Dole's name and stop?"

I vote that Bob Dole should continue to use the 3rd person references because that's what makes Bob Dole Bob Dole.

[LiL stumppy]

Im happy for you

[Digital Takawira]

who buys their music at wal-mart?

at least it wasn't creed. then the guy would have to die. though he still deserves a sound beating.

[el borracho]

Wal-Mart is not legally required to censor their music. It is just a store policy that they failed to enforce and I don't see where the plantiffs have a legal gripe. The CD can be sold legally. Wal-Mart sold it. End of story. The family certainly did not suffer tens of thousands of dollars in damage.

[Valiant]

Wal-Mart is not legally required to censor their music. It is just a store policy that they failed to enforce and I don't see where the plantiffs have a legal gripe. The CD can be sold legally. Wal-Mart sold it. End of story. The family certainly did not suffer tens of thousands of dollars in damage.


And if the CD company failed to put the label on the cd, how is Walmart at fault for that... CD companies are suppose to label content, just like movie and game makers...

[Baby Lee]

Wal-Mart is not legally required to censor their music. It is just a store policy that they failed to enforce and I don't see where the plantiffs have a legal gripe. The CD can be sold legally. Wal-Mart sold it. End of story. The family certainly did not suffer tens of thousands of dollars in damage.
This isn't about some legislative directive. It's about the representations Walmart made. Mieneke isn't required by law to warranty their mufflers for life. But if they do, and your muffler rots, you have a right to recompense
And if the CD company failed to put the label on the cd, how is Walmart at fault for that... CD companies are suppose to label content, just like movie and game makers...
If Walmart wants to bring the record label in as a third party defendant, that's their business. The plaintiff already has him on the hook for their representations that they only sell censored discs.

[Braincase]

Any word on how successful this assclown was in getting all those copies of Tom Sawyer changed to read "African-Heritage" Jim?

[Baby Lee]

Any word on how successful this assclown was in getting all those copies of Tom Sawyer changed to read "African-Heritage" Jim?
He's not demanding that Evanescence not put out CDs with profanity. He's demanding that Walmart live up to it's promise to not sell CDs with profanity.

He's a bit of a puzzy, but has a point.

I don't like Walmart's policy personally, but in the big picture, if having Walmart promise to sell clean CDs keeps these 'assclowns' from going after the source material on the national level, it's a fine compromise.

[Rausch]

He's not demanding that Evanescence not put out CDs with profanity. He's demanding that Walmart live up to it's promise to not sell CDs with profanity.

He's a bit of a puzzy, but has a point.

I don't like Walmart's policy personally, but in the big picture, if having Walmart promise to sell clean CDs keeps these 'assclowns' from going after the source material on the national level, it's a fine compromise.


Hate to, but I have to agree. I know not to buy CD's from Walmart because of that policy. I'd prefer to give my business to a local resell-it shop anyway....

[tk13]

Well I'd 100% agree that he shouldn't be happy and that Wal-Mart committed a "breach" of their own policy... but I'd liken this to me going to Burger King (where it's 'your way') and them screwing up my order, and instead of going back to get it fixed I sue Burger King's pants off. While it's nice to think everything is always nice and rosy, I understand the fact that everybody makes mistakes, I don't think that necessarily means I'm owed anything other than the purchase price of the item I chose to buy...

[Valiant]

He's not demanding that Evanescence not put out CDs with profanity. He's demanding that Walmart live up to it's promise to not sell CDs with profanity.

He's a bit of a puzzy, but has a point.

I don't like Walmart's policy personally, but in the big picture, if having Walmart promise to sell clean CDs keeps these 'assclowns' from going after the source material on the national level, it's a fine compromise.


No, what I am saying is... IF the company did not put the required label on the CD to warn people it had cussing how is Walmart suppose to know.. Accidents happen, they do not warrant a court case to sue over it... Trust me, if Walmart stores knew about it, it would have been taken care of... But as i said, accidents and mistakes happen... A mistake like this does not require someone to make money off of it.. It did not damage the father or daughter in any way... The father can swear his daughter has never heard a cuss word before but that would be laughed at... Simple point the guy is trying to make money of a bogus suit..

[Baby Lee]

No, what I am saying is... IF the company did not put the required label on the CD to warn people it had cussing how is Walmart suppose to know.. Accidents happen, they do not warrant a court case to sue over it... Trust me, if Walmart stores knew about it, it would have been taken care of... But as i said, accidents and mistakes happen... A mistake like this does not require someone to make money off of it.. It did not damage the father or daughter in any way... The father can swear his daughter has never heard a cuss word before but that would be laughed at... Simple point the guy is trying to make money of a bogus suit..
If that's true, he'll lose.

My sense is that he wants publicity of the breach and a renewed vow from Walmart to tighten their efforts.

[Valiant]

If that's true, he'll lose.

My sense is that he wants publicity of the breach and a renewed vow from Walmart to tighten their efforts.


This can be accomplished thru not suing easily.. Walmart already has the most strict policies on what they carry already on music and movies... Walmart is not the one who puts the warning labels on music, it is the RIAA i believe... This is what companies that sell music go off of.. It is required that all CD's, movies and games be marked if they are offensive or what age range the product is intended for..

This is how other retailers check to see if they can sell the CD to young timmy... If the label is not on the CD then it is suppose to be safe.. If it is not then the CD was not marketed correctly... Walmart does not put the labels on the CD's.. That evanesence CD is prolley marked wrong in all retailers...

And if this case is allowed to go to court then a bag of worms would open up... You would have people suing over games.. "Well, he told me I would like Everquest 2.. and i dont..." "I was not satisfied and so this does not happen anyone else i want 75k dollars..."

[royr17]

Only think i have to say on this matter about the evenescence cd, thats a crock of bullshit just to sue over it having a cussword in it, god people need to learn how to grow up ...

[Valiant]

Another thing close to this topic...


IF you buy a TV, and it breaks in three months and still under manufactures warranty... Who do you take it too to get it fixed..

Not the retail store, you take it to or call Samsung/Sony/Hitachi to get it fixed... Retail stores do not cover the products unless they sell you a warranty of their own...It is called a manufactures Warranty for a reason, it is offered from the manufacture, same as these CD's... Walmart does not own them, walmart does not label them, walmart does not put on the parental adviseries... They just sell them at what the manufacture tells them to... If they failed to label then the CD company should be gone after...

And agian how do you sue for damages over a cd that says ****... I am going to sue tom foolieree's for them allowing a customer to cuss out loud when KU won last night...

[el borracho]

This isn't about some legislative directive. It's about the representations Walmart made. Mieneke isn't required by law to warranty their mufflers for life. But if they do, and your muffler rots, you have a right to recompense.
Of course a store policy is not the same thing as a guarantee. Does Walmart guarantee there will be no offensive language in their music selection?
Either way, there was not 10s of thousands of dollars in damage. Take the CD back, get your money back and know that it is ultimately your job as the kids parent to censor the things that your kid sees and listens to.

[Ultra Peanut]

Yes, and I realized the error of my ways long ago. Bob_Dole's third-person ways are the essence of Chiefsplanet. They surround it, penetrate it and bind the board together.Eww... I'm all sticky.

[Ultra Peanut]

who buys their music at wal-mart?People like this asshole.

[Bowser]

I know we all want to win the lottery, but shit like what this clam is doing wears me out. Did he go there for his Neil Diamond and Mannheim Steamroller Christmas CD, see the Evanescence CD and think, "Hmm, she looks like a well rounded, sweet little girl. I think I'll give this a listen with my family. Especially my young children", then sues because he hears a word that is inapprpriate, in his opinion? It's bullshit on a colossal scale.

I say that every person who wasted their life looking into this story should sue Tevin Skeen for 74,000. And if he can't pay, we send Lil Stumpy to live with him for 18 months and one day.

[gblowfish]

Wal-Mart's about protecting family values. The father should simply take his 13-year old daughter back to the store, return the CD for a refund, then buy her something more appropriate...like an assault rifle...freely available in the sporting goods department! :p

[Bowser]

Wal-Mart's about protecting family values. The father should simply take his 13-year old daughter back to the store, return the CD for a refund, then buy her something more appropriate...like an assault rifle...freely available in the sporting goods department! :p

:LOL: