Hoffman Board - Thread about Hite Morgan Sessions Kickstarter - Deleted!

[Custom Machine]

Well, this should leave no doubt as to whether or not Brad reads the SS board.

But Brad, since we know you're reading this, whatever happened to the friendly "Surfs Up!" in your closing?

Back in the old days it was always:
Surf's up!
Brad

And now it's just:
Brad  ??

But that being said, back in the day you did host a very cool mailing list, completely free of trolls and other ne'er-do-wells. So thanks for that - it was a pleasure to be a member.

Does  your "brother" still answer the phone for you?

[AndrewHickey]

I don't know what kind of threats Brad Elliott has been making to the board admins, but would point out that if they're to do with libel then the plaintiff in a libel case must have a good name that can be damaged. I don't think that's the case for Elliott any more, and hasn't been for over a decade.
I would also point out to anyone who wants to make sure they don't get sued for libel when talking about him that mere vulgar abuse is not libel...

[Andrew G. Doe]

Nor is stating that he's a thief and a liar when said statements are backed up by widely-known evidence. Libel is defined as "a published false statement that is damaging to a person's reputation". :-)

[Mooger Fooger]

Amazing how certain folk can act with faster-than-light speed when threatening legal action, but revert back to impulse speed when actually getting goods signed and paid for over ten years ago packaged and sent out. The mind boggles.

[37!ws]

FTR, in the US simply publicly calling someone a "liar" or "thief" -- using those words -- is libel per se.

[37!ws]

We're all assuming you're au fait with what happened when Elliot tried to release the tapes back in December 2000... and what happened to the backers money.

I do have to say...when First Wave was cancelled, I asked for a refund, and I got it two weeks later...I might be the *only* one too.

[Andrew G. Doe]

To my knowledge you are indeed the only one.

[Andrew G. Doe]

FTR, in the US simply publicly calling someone a "liar" or "thief" -- using those words -- is libel per se.

It's only libel if it's not true.

[Emily]

FTR, in the US simply publicly calling someone a "liar" or "thief" -- using those words -- is libel per se.

It's only libel if it's not true.

and damaging to an existing reputation. I don't know the history here, but from this thread, I think it'd be a hard case to win.

[alf wiedersehen]

Hey, Brad, you're a jerk.

[The Shift]

I'm glad Brad's among us… he should post here occasionally.

[Mooger Fooger]

We're all assuming you're au fait with what happened when Elliot tried to release the tapes back in December 2000... and what happened to the backers money.

I do have to say...when First Wave was cancelled, I asked for a refund, and I got it two weeks later...I might be the *only* one too.

You are indeed lucky and the only one to my knowledge as well.

[ahoutman1]

Brad, just make the CD'S Manufacture-on-Demand. I'll buy at least 5 copies.

[gxios]

I got my money back from First Wave as well, but he still owes me for the Jasper Daily photos that never came out.

[Andrew G. Doe]

Any advance on two refunds ?

[HeyJude]

Brad, just make the CD'S Manufacture-on-Demand. I'll buy at least 5 copies.

If you read the chapter of "Becoming the Beach Boys" that delves into the various lawsuits surrounding the Morgan tapes, and specifically the canceled "First Wave" set, you'll find that this might be impossible. (I don't think the book addresses public domain ramifications, and I'm not sure anybody is totally clear).

I believe the book also outlines that Morgan sold the copyright to the stuff he still retained copyrights on (which means essentially the stuff on "Lost and Found"), but still retains the physical tapes. Presumably BRI owns the copyrights to all of the "outtakes" (meaning all the stuff on "First Wave" that wasn't on "Lost and Found"). So you'd have to probably get both BRI and the company Morgan sold the copyrights to (BUG I think, eventually bought out by Universal?) involved, and also get Morgan to hand over the physical tapes to master a set (or I guess just use Steve Hoffman's mastering from "First Wave").

I don't know if the recordings would fall under some sort of public domain category where they could all be released (not sure where the reasoning was at concerning that attempted CD last year, which had the appearance of simply holding back bits of the tape for the sake of holding it back, perhaps for a "Vol. 2" later on or something), but if that ever happens, it won't be by resurrecting a very similar sort of "fundraising/crowdsourcing" program targeted at the same fans that were fudged back in 2000, and involving to some degree (even if only liner notes) the person who many of those fans feel fudged them.

I think the comment mentioned earlier is correct. If the "First Wave" set had just been thrown out there without so much promotion and pre-sales, then even if had been recalled due to lawsuits, it would have made it out there long enough to "exist" among regular fans and the thing would be proliferated in a million different ways by now, legit or otherwise.

It's ironic for me now, because I've never really been entranced by the "Lost and Found" CD (I have it and value it very much as a scholar and fan of the band of course), but now that I'm delving into Jim Murphy's "Becoming the Beach Boys", a release of all the session tapes would be the *perfect* companion to the book. As it is, I'm anxious to dig back into "Lost and Found" with a ton of added info and context from Jim Murphy's excellent book.