Wal-Mart Sued Over Evanescence CD Lyrics

Boadicea · 12-10-2004, 07:17 PM

Quote:

Wal-Mart Sued Over Evanescence CD Lyrics
(AP, 12/10/2004 5:56 PM)

By David Dishneau

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.

http://launch.yahoo.com/read/news.asp?contentID=220513

walmart is so lame

Ammer · 12-10-2004, 07:21 PM

I was just about to post this. I think it's fairly stupid many parents are freaked out over one or two little swear words. I bought not knowing it had curse words in songs but I knew the behind-the-scenes footage would have some minor swearing.

I really hope this doesn't give Evanescence a bad name. Evanescence never swears in there songs except for saying "whore" (Which can be taken as a swear word). I wonder what Ev has to say about this.

**zoey** · 12-10-2004, 07:21 PM

what a bunch of BS.... that is the most crazy thing i have heard about today.

-Zoey

**Katya** · 12-10-2004, 07:23 PM

It's already posted in the Anywhere But Home thread. (Click here...scroll down)

But yeah...people are so stupid.

HauntingWhisper · 12-10-2004, 07:24 PM

Like theyre daughter hasn't heard them say the F word before pleaseeeeee. Just some people trying to make a buck and get some attenion.

aniron · 12-10-2004, 07:26 PM

Its even more crazy because on the dvd, THE PROFANITY IS CENSORED.
This iwll get thrown out since its a matter of free speech, this is another pointless lawsuit using resources in the system.

b00bles · 12-10-2004, 07:26 PM

hahaha
my state sucks.
walmart too.

**zoey** · 12-10-2004, 07:27 PM

and they want $74,500 for damages.... how much damage could the f*ck bring to you? man, im going to sue someone because their word offended little ol me.

-Zoey

**Katya** · 12-10-2004, 07:27 PM

Not in "Thoughtless" it isn't. But who cares; you can barely tell what the word is anyway, unless you're really listening hard or you know the words.

Rory · 12-10-2004, 07:27 PM

ahem.. like their daughter hasn't SAID the f-word. one of my friends is 13, and we run around singing Thoughtless all the time.
I highly doubt she was greatly affected by it, scarred for life. what probably affected her the worst of all is that her parents appear to be overprotective morons.
rory

12-10-2004, 07:21 PM	Wal-Mart Sued Over Evanescence CD Lyrics Post #2 (permalink)
Ammer Member Join Date: Jul 2004 Location: Toronto, Ontario Age: 21 Posts: 496 Points: 4,817.31 Bank: 0.00 Total Points: 4,817.31 Donate	I was just about to post this. I think it's fairly stupid many parents are freaked out over one or two little swear words. I bought not knowing it had curse words in songs but I knew the behind-the-scenes footage would have some minor swearing. I really hope this doesn't give Evanescence a bad name. Evanescence never swears in there songs except for saying "whore" (Which can be taken as a swear word). I wonder what Ev has to say about this. Last edited by Ammer : 12-10-2004 at 07:30 PM

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12-10-2004, 07:21 PM	Wal-Mart Sued Over Evanescence CD Lyrics Post #3 (permalink)
zoey Never again... Join Date: Nov 2003 Location: Palestine, TX Age: 22 Posts: 328 Points: 24,135.88 Bank: 20,549.75 Total Points: 44,685.63 Donate	what a bunch of BS.... that is the most crazy thing i have heard about today. -Zoey

12-10-2004, 07:23 PM	Wal-Mart Sued Over Evanescence CD Lyrics Post #4 (permalink)
Katya Outcast Genius Join Date: Dec 2003 Location: Somewhere between NYC and Boston. But nowhere near as cool as either. Age: 22 Posts: 6,252 Points: 13,533.56 Bank: 5,530,510.96 Total Points: 5,544,044.52 Donate	It's already posted in the Anywhere But Home thread. (Click here...scroll down) But yeah...people are so stupid.

12-10-2004, 07:24 PM	Wal-Mart Sued Over Evanescence CD Lyrics Post #5 (permalink)
HauntingWhisper Member Join Date: Jul 2004 Location: somewhere out there Age: 30 Posts: 402 Points: 248.52 Bank: 0.00 Total Points: 248.52 Donate	Like theyre daughter hasn't heard them say the F word before pleaseeeeee. Just some people trying to make a buck and get some attenion.

12-10-2004, 07:26 PM	Wal-Mart Sued Over Evanescence CD Lyrics Post #6 (permalink)
aniron Member Join Date: Jan 2004 Location: Daphne, Alabama Age: 23 Posts: 348 Points: 2,987.39 Bank: 110.41 Total Points: 3,097.80 Donate	Its even more crazy because on the dvd, THE PROFANITY IS CENSORED. This iwll get thrown out since its a matter of free speech, this is another pointless lawsuit using resources in the system.

12-10-2004, 07:26 PM	Wal-Mart Sued Over Evanescence CD Lyrics Post #7 (permalink)
b00bles MilfCain 08! Join Date: Aug 2003 Age: 21 Posts: 2,992 Points: 3,024.50 Bank: 3,761,375.27 Total Points: 3,764,399.77 Donate	hahaha my state sucks. walmart too.

12-10-2004, 07:27 PM	Wal-Mart Sued Over Evanescence CD Lyrics Post #8 (permalink)
zoey Never again... Join Date: Nov 2003 Location: Palestine, TX Age: 22 Posts: 328 Points: 24,135.88 Bank: 20,549.75 Total Points: 44,685.63 Donate	and they want $74,500 for damages.... how much damage could the f*ck bring to you? man, im going to sue someone because their word offended little ol me. -Zoey

12-10-2004, 07:27 PM	Wal-Mart Sued Over Evanescence CD Lyrics Post #10 (permalink)
Rory Fledgling Post Monkey Join Date: Mar 2004 Location: Massachusetts Age: 20 Posts: 1,055 Points: 1,839.65 Bank: 526.09 Total Points: 2,365.74 Donate	ahem.. like their daughter hasn't SAID the f-word. one of my friends is 13, and we run around singing Thoughtless all the time. I highly doubt she was greatly affected by it, scarred for life. what probably affected her the worst of all is that her parents appear to be overprotective morons. rory

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