Kyuss vs. Kyuss...

[D.o.S.]

Aw man, this makes me le sad:

In March, former Kyuss members Josh Homme and Scott Reeder filed a federal lawsuit against ex-bandmates John Garcia and Brant Bjork over their involvement in the band Kyuss Lives!, alleging "trademark infringement and consumer fraud."

There's an RS interview with Brant & John--which is obviously biased, but depressing none-the-less.
http://www.rollingstone.com/music/news/ ... t-20120521

[aen]

JOsh Homme has always seemed like a gigantic prick to me. Judging by youtube videos, live experiences, and show reports from trusted friends. He's pretty sure he's the god of rock and roll and should be worshipped as such. Fuck him.

[Joe Gress]

Ilike Qotsa more than Kyuss, but this fucking blows. Josh needs to calm his ego down.

[Ancient Astronaught]

Hmmm I can see both sides of the story unfortunately because I've experienced similar problems in bands before. Yes Josh has a huge ego, but at the same time their blatantly trying to use the name Kyuss while trying to avoid legal problems by simply adding Lives! at the end but still playing Kyuss song's... Josh is handling everything in a perfectly legal fashion while they are trying to find loopholes to allow it to exist, so which one is worse?? The person with the huge ego that handles everything legally, or the one's who can't handle that their own solo careers failed so they reunited their old band through loopholes in the legal system regarding names? Jealousy is at the center of this problem, from both sides, unfortunately Josh will probably win due to their blatant use of loopholes, if they play live any of the song's that Josh has writers credit for, they've doomed themselves unfortunately.

I now in any band that I'm in, establish what I am in that band and what my responsibilities for, but I also value my intellectual property (much like Josh). I was recently in a band where two friends of mine started jamming (bass and drums) who then asked me to come in and fill out the band on guitar and vocals. When I joined they didnt have one full song written yet, no band name, nothing but the partial structure of one song. I came in, wrote 5 more songs in 2 months, came up with a band name, came up with the ideaology behind the band, created all the artwork, wrote all the lyrics and turned the 3 of us into an official Band. At the same time I copyrighted the band name to myself to protect my intellectual property, because I knew ego's would eventually conflict. And it did, the classic 3 chiefs and no indians. I won't go into specifics but when it came time to end the band I took the name with me, there's no way i'm letting someone else come in and take everything that i came up with and all the time i put into the band and everything behind it and run with it. I cover my ass, and I don't blame Josh for doing the same, they shouldn't be mad at him for doing so because they should have done it themselves as well. /rant

[coldbrightsunlight]

This sucks, I love Kyuss, it's a shame to see them fighting like this. I can understand Josh and Scott wanting to get paid royalties for songs they wrote or whatever, that's just fair, but I think the accusation of consumer fraud is total bullshit, nobody thinks it includes JHo and they've always presented it as not including the full old lineup. Plus, and I know this isn't necessarily relevant, but doesn't Josh Homme have plenty of money already? Seems like he could let them do it.

It's sad to see cool music getting shut down because of legal crap, even if the suit is legally sound, I'm definitely going to see Kyuss Lives if they come back around my way in the future.

[Ancient Astronaught]

I completely agree the consumer fraud claim is bullshit, monkeydancer is correct they never marketed it as Kyuss reunited, but mainly as a tribute band. Yes Josh does have enough money, but welcome to capitalist America.....

[D.o.S.]

I'm pretty sure the crux of the matter comes down to Scott & Josh wanting their cut of whatever KL! makes without having to actually be in the band.

And, obviously, the Brant/Josh scowlfest has been going on for a while. See: Whitewater.


[youtube]http://www.youtube.com/watch?v=ROCDGwKAXtc[/youtube]
Why can't we all just bob our heads in peace?

[madmax1012]

JOsh Homme has always seemed like a gigantic prick to me. Judging by youtube videos, live experiences, and show reports from trusted friends. He's pretty sure he's the god of rock and roll and should be worshipped as such. Fuck him.

THIS.

[theavondon]

I mean, Kyuss without Homme and Reeder isn't really Kyuss to me anyway. Plus, it's pretty shady. And, Nick Oliveri being in the band just ensured me never wanting to see them.

[coldbrightsunlight]

I mean, Kyuss without Homme and Reeder isn't really Kyuss to me anyway.

What about the first 2 albums? Although admittedly Wretch isn't that great, Blues for the Red Sun is awesome.

[MaggotBrainNY]

How is Scott Reeder going to play shows with them (and get paid to do it), then turn around and get involved in a lawsuit?

THAT is some bullshit.

And yes, while I do like QOTSA a lot, I would agree with Aen, that Homme seems like an egotistical prick, so his role in this is not entirely surprising.

[theavondon]

I mean, Kyuss without Homme and Reeder isn't really Kyuss to me anyway.

What about the first 2 albums? Although admittedly Wretch isn't that great, Blues for the Red Sun is awesome.

I mean, by the time blues came out, they had already kicked nick out.

[univalve]

... if they play live any of the song's that Josh has writers credit for, they've doomed themselves unfortunately.

i have to disagree based on the (german) law: they are a tribute (=cover) band. If they play over here lives shows in Germany they have to pay royalities for each cover song. So Josh gets his money for the songs he wrote. I don't think that Josh has a money problem here. It has to be sth. different why he started that legal offense.
So not doomed - just a stinky cover band

I mean, Kyuss without Homme and Reeder isn't really Kyuss to me anyway.

What about the first 2 albums? Although admittedly Wretch isn't that great, Blues for the Red Sun is awesome.

I think Wretch is pretty good ("god damn son of a bitch!" ). Underrated album. But i love all of their albums. I hope this shit comes not to my mind when i listen the next time to it.

[coldbrightsunlight]

Don't get me wrong, I quite like Wretch, but for me it's just nowhere near their other albums, which I love. And while they had kicked nick out before releasing blues, he did play on it! Pretty well too, the bass on that album is sweet.

[Ancient Astronaught]

... if they play live any of the song's that Josh has writers credit for, they've doomed themselves unfortunately.

i have to disagree based on the (german) law: they are a tribute (=cover) band. If they play over here lives shows in Germany they have to pay royalities for each cover song. So Josh gets his money for the songs he wrote. I don't think that Josh has a money problem here. It has to be sth. different why he started that legal offense.
So not doomed - just a stinky cover band

I'm not versed on international laws but in America if they've been playing "his" songs live to sold out shows since Kyuss Lives! formed without his permission and without paying him royalties, then he has a really strong case to have them shut down unfortunately, as any tribute band if you make enough money to make the original band feel as if they are missing out on money that is due to them and make it worth their while to pay their lawyer bills. I think that this whole thing started because they were not paying him and are basically trying to say they shouldnt have to because he "screwed them over" by copyrighting everything after Kyuss broke up. If Josh got into publishing in 92 and they broke up in 95 they had 3 years to learn from his knowledge and cover their asses as well, but they didnt, they just let it all go and he seized the opportunity. If I had been telling my band for 3 years to claim their publishing rights, and they ignored me and then the band broke up, why wouldnt i go after atleast my portion of them? and if they arent going to claim their share for 15 years afterwards, his portion for those 15 years is all of it, and at that point they basically lose their right to claim any of it because they waited so long. Music law in america is really weird and screwy like that.