Jury Rules in Apple’s Favor in Antitrust Lawsuit

A couple of weeks ago, Apple was taken to court in a class-action lawsuit which accused the company of purposely erasing music from customers’ iTunes which were not purchased directly from iTunes, but from other digital music sites.

On Tuesday, a jury sided with Apple on the case.

The eight-person jury came to a unanimous decision following just three-hour of deliberation. It should be pointed out that the short deliberation was a kick in the head for the plaintiffs who were building up the lawsuit and trying to take it to trail for nearly 10 years.

The jury determined that Apple did in fact use the iTunes software updates, the ones that supposedly erased the music, to deliver improvements for older iPods. The iPods that were reportedly affected by this were those purchased between September 2006 and March 2009.

Throughout the trial, lawyers for the company discovered that two of the plaintiffs initially named in the suit did not buy iPods in the relevant time period.

“There’s not one piece of evidence of a single individual who lost a single song, not even a complaint about it. This is all made up at this point,” said William Isaacson, Apple’s lead lawyer about the case.

“We created iPod and iTunes to give our customers the world’s best way to listen to music,” an Apple spokesperson said after the verdict was reached.

“Every time we’ve updated those products over the years – we’ve done it to make the user experience better. ”

As the trail made headlines at the beginning of the month, it was reported that if Apple lost, they would be out $350 million in damages which could have reached up to $1 billion under the antitrust laws.

To read the full report about the case, head on over to the New York Times.

New Report from Steve Klein Trial Might Reveal Ages of Female in Videos

New Found Glory might be in the middle of having a resurrection with their new album coming out next month and headlining this year’s Glamour Kills tour, but the resurrection might also have something to do with getting away from anything associated with former guitarist, Steve Klein.

The ex-band member was arraigned in San Luis Obispo, CA five counts of lewd acts on a child, one count of contact with intent to commit a sex offense, and possession of child pornography back in December, but did not make headlines until March of this year.

In April, his ex-wife, Amanda testified that she had discovered “at least 100 videos” of two-way chats between Klein and unidentified females who “appeared to be underaged.” She also admitted to the court she had discovered the drives while looking for evidence to support her suspicions that Klein was having an affair a few days after filing for divorce.

Earlier this week,Klein was back in court and the San Luis Obispo Tribute have posted a new report from the courtroom which might include the age of the females that were in the videos.

Read an excerpt of the report:

“On Thursday, Deputy District Attorney Julie Antos played five videos in the courtroom for Superior Court Judge John Trice, Klein and his attorney Ilan Funke-Bilu that allegedly showed audio-less, screen-captured video of Klein carrying on sexually explicit activity with girls on the stranger-based chat website Omegle.

The videos supposedly showed Klein masturbating and encouraging the females to remove clothes and touch themselves. The videos were not shown to the rest of the courtroom because of the estimated ages of the females.

Dr. Nisha Abdul Cader, a pediatrician with San Luis Obispo County and the prosecution’s expert witness on sexual maturity, said she estimated their ages between 9 and 16 years old based on their physical development.

On Monday, Funke-Bilu cross-examined Scott Sarmento, a computer forensic technician with the Sheriff’s Office who retrieved the videos from the hard drive for investigators.

The attorney asked Sarmento whether it was technically possible the videos could have been altered. “Anything’s possible — but it’s highly unlikely,” Sarmento said.”

Klein is due back in court on Tuesday, Sept. 30.

Beastie Boys Win Lawsuit Against Monster Energy Drink

The Beastie Boys have come out winning in the lawsuit that they filed against Monster Energy Drink. The lawsuit stems from a copyright infringement and false endorsement claim against the widely popular energy drink company for using one of their songs without a license in an online video.

The jury has awarded the group $1.7 million in damages, though they had originally asked for $2.5 million. While they came out as winners, Monster Energy Drink argue that they should owe the group no more than $125,000 for the case.

The Beastie Boy’s lawyer, Kevin Puvalowski said in his closing statement that the beverage company hoped to benefit from “how cool” his clients were without their permission. “They didn’t care if their employees were stealing from the Beastie Boys,” he said.

Reid Kahn, Monster’s lawyer, did though, acknowledge that the company has infringed on the group’s copyrights, but said that it was because an employee thought the company had the permission to use the music.

The video at the center of the lawsuit is one that centers around an annual snowboarding competition the company organizes and sponsors in Canada called “Ruckus in the Rockies.”

The video featured clips from the competition and an after party attended by DJs including Z-Trip who remixed Beastie Boys songs including “Sabotage” and “Make some Noise” which appeared in the video. It then concluded with a sentence saying “RIP MCA,” in honor of late Beastie member, Adam Yauch who sadly passed away after his battle with cancer, a day before the competition took place.

Once the damaged were award, Adam Horovitz (Ad-Rock) stated, “We’re happy. We just want to thank the jury.” At the time, an attorney for Monster had said that they will appeal the verdict.

Former As I Lay Dying Frontman Sentence

After the circus that has become Tim Lambesis’ trial for hiring a hit man to kill his wife, the former frontman was finally sentenced. Lambesis has been sentence to six years in prison in a San Diego Superior Courtroom for attempting to hire a hit man to kill his wife, Meggan, while he had custody of the couple’s three children. Reportedly, the verdict was handed down while Lambesis’ former bandmates, Nick Hipa, Phil Sgrosso and Josh Gilbert looked on as well as more than a dozen supporters on Meggan’s behalf who showed up with small yellow felt hearts pinned to their shirts.

Meggan, as well as her parents, spoke to the court. Her father Mike, spoke about what an inspiration his daughter is to people, but how at the same time, the family still fears that there could still be an assassination hit on them, “We know that prison is a great alibi for someone who wants to complete the deed.” Meggan’s mother called out her former son-in-law by saying that her daughter “was a mere inconvenience to this narcissistic child.”

Defense attorney Tom Warwick attempted to ask for leniency, but was quickly declined. When Warwick returned to the floor to speak, he attempted to place the blame on the person who supplied his client with steroids. The judge, once again shot down his claim by pointing out that other men who had used steroids did not end up plotting their wives’ murder and that it was a “flaw of character” and “something twisted inside a character” which would lead to these types of thoughts. 

The final sentence at the end of the day was six years in prison with 48 days credit for custody already served. The judge also confirmed Meggan and the children would receive 10 years’ protection. Meanwhile, Lambesis is due back in court for a civil suit that was filed by Meggan; she is suing the singer for $2 million.

Following the sentencing announcement, Alternative Press released an in-depth interview with Lambesis which is worth a read in our opinion.

Former As I Lay Dying Guitarist Releases Statement About Frontman’s Sentencing

Ever since former As I Lay Dying frontman Tim Lambesis was arrest last year for the attempted murder of his wife Meggan, we have been informing you on what has been happening. From his initial arrest and first court hearing, to his sentencing last Friday and his one-on-one interview with Alternative Press’ Ryan J. Downey , which should be read, Lambesis’ trial has been one that the music world has been watching unfold.

But for anyone who felt a sliver of sympathy for the vocalist after reading the in-depth interview he gave before his sentencing, there is one person who does not feel anything for Lambesis and that person used to be one of his bandmates.

Former As I Lay Dying guitarist and current Wovenwar guitarist Nick Hipa has finally spoken out against his bandmate and he’s not at all sympathetic for him saying in his statement that he told Lambesis himself that his support would be with the victim, not the criminal.

Hipa, along with fellow bandmates Jordon Mancino and Phil Sgrosso sat in last Friday at the trial to watch as the verdict was read. The former bandmates sat along Meggan’s family and supporters as Lambesis was sentenced to six years in prison.

Read the full statement below.

“Last Friday I sat in a courtroom to support a friend. For the better part of a decade our professional and personal lives were woven in a relationship akin to family. As if family, the intention of my attendance was to publicly acknowledge the deep care and compassion I hold for this individual.

I watched as she searched for the strength to behold her transgressor for the first time in over a year since learning of his plot to have her murdered. I listened to her describe the love she once possessed for this man whom she adored, trusted, and depended on as her husband. I followed along as she detailed his abandonment of her and her children; a betrayal he failed to own but opted to blame on a lost sense of morality. This excuse became further excused by a defense that drug abuse had clouded his judgement. 

She attempted to rebuild a life with three young children apart from a man who viewed them as disposable. The strength and resilience of these children—whom she saved from abandonment, poverty, and certain early death—were being further challenged by this domestic unravelling. Her desire was to give them love and stability, his response was to have her executed.

I observed his defense acknowledge the crime but defend it once again with the argument that steroids created mental instability. I followed as the prosecution reminded the court of an intricately calculated series of actions occurring over the course of many weeks. A scheme which involved using her children to secure gate codes for a would be assassin, and his plans for their further exploitation as an alibi; a plot indicative of careful premeditation over momentary mindlessness. 

I watched as a Judge highlighted how many men use steroids but do not plot to murder innocent women, and for someone to move towards such action reveals something twisted within their character. He continued to point out that a willingness to involve children in such matters is deeply disturbing and reprehensible as well.

The accounts I interpreted within this courtroom were details of people and a past that I had known and observed first hand. All and everything was as I knew it to be.

I share this in response to an interview between Tim Lambesis and Ryan J. Downey that was released on AltPress.com moments after this women and her family were given their closure. Behind the facade of a penitent man with renewed outlook, restored faith, and apparent remorse is a fairly appalling agenda to further damage the lives and reputations of his non-supporters. It is the continued defense of behavior that leveled every facet of an innocent woman’s being and traumatized children who have already persevered through the actual pain of an orphan’s life. 

There is no contrition in his pseudo-philosophical jargon, and the verbalized assessment of his relationship with myself and former bandmates is absolute slander. I had spoken with him directly and in length of how 100% of my heart, love, and loyalty was being directed in support towards his victims. These victims being people I had opened my heart to as family for many years and whom I pray will find healing from his deep abuse. In complete disregard for the truth as I’m certain he understands it, he opted to fabricate motives that describe us abandoning him as a callous business decision. 
The intent of his defamation is to create an air of sympathy and support under the false pretense of a forthcoming tell-all. Unfortunately this has worked to a degree, as many strangers have put effort into projecting hatred towards those of us who chose to defend the guiltless subjects of his crimes. 

It is regrettable that he utilized this platform as a means to justify his conduct. The prosecution of this case profiled him as a sociopathic narcissist in definite need of rehabilitation. For those of us who truly know the man for who he is, it’s shameful that in spite of all he is still as he ever was and just as they say. 

For Jordan, Phil, Josh, and myself, we’ll continue to carry on knowing we behaved honorably, lovingly, and loyally to the individuals who truly needed it.”

Former New Found Glory Guitarist Arraigned

UPDATE: 

Things are starting to get more intense on the Steve Klein arraignment case.

If he is convicted of all his charges then he can face around 27 years in prison even though he has not been registered as a sex offender in California’s Megan’s Law, a database where sex offenders must register themselves.

The breakdown for the charges can be seen below and how many years he can serve for each charge.

• 2 counts of lewd conduct with a minor under the age of 14 — 3, 6 or 8 years per count (state prison)
• 3 counts of lewd conduct with a minor 14 or 15 — 1, 2 or 3 years per count (state prison) or not more than 1 year per count (county jail)
• 1 count of intent to commit lewd acts with a minor — sentence varies
• 1 count of possession of child pornography — up to 1 year (state prison or county jail) and/or a $2,500 fine
  

The time of the violation, according to the docket, was April 14, 2011, but there seems to be public documentation of Klein and his two daughters bowling. As for what happened after the bowling date, there’s nothing on his whereabouts until the next day when he took a plane to Hartford, CT for an April 16 gig with New Found Glory.

At the time, Klein was married through January 2012. As of Sept. 21, 2012 there was a lawsuit regarding property ownership filed by his wife, Amanda Klein who now goes by Amanda Mcculloch.

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It’s been about three months since New Found Glory revealed that they had fired guitarist and founding member Steve Klein, but until now, the reason behind the abrupt release was unknown.

Today, a report surfaced on idobi.com that Klein had been arraigned in San Luis Obispo, CA court on multiple charges, including lewd conduct with a minor under the age of 14.

On Dec. 12, 2013, the former NFG band mate was arraigned and plead not guilty to the lewd conduct charge as well as three counts of lewd conduct with a minor 14 or 15, one count of intent to commit lewd act with a minor, and one count of possession of child pornography.

Klein was not arrested and booked after the arraignment, but rather was let free until his next scheduled court appearances on March 20 and April 10.

Coincidentally, the same day that Klein was arraigned, New Found Glory took to their Facebook to advise fans that he had been removed from the band, but assured those fans that they would solider on without him especially since they were already booked for the Parahoy! cruise among other scheduled events.

Earlier this week during an interview with Billboard, Chad Gilbert revealed that the band were in no hurry to find someone to replace Klein and are currently doing fine with just being a four-piece.

As I Lay Dying Frontman Pleads Guilty to Hiring a Hit

As I Lay Dying’s Tim Lambesis has officially plead guilty to “Solicitation of Another to Commit Murder. “

Last May, the singer had attempted to hire someone to murder his estranged wife Meggan when he had custody of the pair’s children for a weekend. Lambesis had unknowingly given money, a picture of his wife, gate codes to the home and even the dates when to kill her to an undercover detective, foiling the plan before it even began.

Previously, he had explained that the reasoning behind the murder plot was because Meggan would obtain about sixty percent of his income when the pair officially divorced and would not be able to take his children with him while on tour.

According to Lambgoat’s insider at the courthouse, the sentence which Lambesis had been given, nine years, is not concrete so could change at any given time and four years of parole once he is released. On top of that sentence, he has also been ordered to pay a $10,000 fine and is still in the process of a $2 million civil suit filed by his wife for emotional distress, domestic violence and assault. That case is scheduled to hit San Diego’s North County Superior Courthouse in April.

Former Lostprophets Frontman Sentenced to 35 Years in Prison

UPDATE: Watkins is now being investigated by other police forces in the US and in Germany.

Detective Chief Inspector Peter Doyle, the Senior Investigation Officer on the case revealed this piece of information.

“In the last few weeks we have received further information that will now be looked at by the investigation team,” he said. “There are also investigations being conducted by other police forces around the world including Germany and the United States.

“We would encourage anyone who has been affected by this case or other cases of child abuse to contact South Wales Police on 029 20634184 or the NSPCC on 0808 800 5000.”
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Former Lostprophets frontman, Ian Watkins has officially been sentenced.

In case you haven’t been informed about what is going on with the singer, he plead guilty a couple of weeks ago to attempting to rape a one-year-old girl, and several other sex offenses that shocked his fanbase.

Watkins has been sentenced to 29 years in prison for crimes of child abuse as well as “an extended license of six years” making his grand total of time to serve, 35 years in jail.

While in court on November 26, he plead guilty to all counts against him, but during a conversation with a friend from prison, he revealed that he had no remorse for what he had done.

During one call, he claimed he wanted to release a statement after he was sentenced saying, “It was megalolz, I don’t know what everyone is getting so freaked out about.”

In another phone call, he said “there was no medical evidence” and “nobody was harmed”, adding: “I’m not a pedophile, I’m not. You know I pleaded guilty just to avoid a trial, not realizing ‘Hang on, that makes me look a bit guilty’ but I would never harm anybody.” Asked whether he still thought the case was “megalolz,” he replied, “No, it’s just lols now.”

After the phone calls were brought to light, his defense attorney, QC Sally O’Neill said that the singer wanted to apologies for his behavior. “He does wish, for what it’s worth, to say he is very, very sorry for what’s happened and still finds it hard to accept but realizes the reality of what has happened.”

His defense team argued that his sentence should be mitigated by the fact that he had pleaded guilty and thus avoided a trial. They also said that his use of alcohol and drugs meant he was not able to remember all of his actions, and that he had “no recollections” of the allegations of child abuse in the case.

Speaking in court, the judge on the case told Watkins, “You are a sexual predator. You are dangerous. The public, and in particular young females and children, need protection from you.” He added, “I am satisfied that you are a deeply corrupting influence. You are highly manipulative.”

Watkins’ sentencing was a long time coming. Originally, the former frontman had pleaded not guilty to all counts against him. Then last month, he entered a guilty plea on three counts of sexual assault involving children, six counts relating to child pornography, and one count of possessing “extreme” animal pornography, but pleaded not guilty to rape.

Lostprophets Release Statement About Ian Watkins’ Guilty Plea

When news hit that Ian Watkins formerly of Lostprophets has pleaded guilty on all charges that had been filed against him, most of the world, fans included, wondered just what could make someone want to abuse and rape children and then plea not guilty about it.

When Watkins was first arrested, the remaining members of Lostprophets had released a statement letting fans know that they would no longer be a band following what had transpired with their singer. Now that Watkins has officially plead guilty to his charges, the band have finally written another statement on be half of the rest of the members.

In the statement that was posted online, the remaining members express how shocked they were about the charges as well as the fact that it wasn’t just a misunderstanding. They also explain that things were getting a little tense between them and their former frontman due to his “battles with drugs, egotistical behavior and frustration.”

The official statement released can be read below:

Earlier this week, we learned that the allegations of child sexual abuse against Ian were true, and that he would not be contesting them in court. Until then, we found them extremely difficult to believe and had hoped it was all a mistake. Sadly, the true extent of his appalling behaviour is now impossible to deny.

Many of you understandably want to know if we knew what Ian was doing. To be clear: We did not. We knew that Ian was a difficult character. Our personal relationships with him had deteriorated in recent years to a point that working together was a constant, miserable challenge. But despite his battles with drugs, his egotistic behaviour, and the resulting fractures and frustrations within our band, we never imagined him capable of behaviour of the type he has now admitted.

We are heartbroken, angry, and disgusted at what has been revealed. This is something that will haunt us for the rest of our lives. Being in a band has always been a labour of love and a platform to inspire people, not to take advantage of them. It’s still hard to believe this is happening and that someone we were once so close to has destroyed so many lives, lying every step of the way.

Our hearts go out to Ian’s family, the fans and friends he betrayed, and most importantly, the victims of his crimes and others like them. We hope for justice, but also that Ian will truly take responsibility for what he’s done. We would urge any other victims to contact the authorities.

Jamie, Lee, Luke, Mike and Stu

Lostprophets to Disband Following Singer’s Legal Woos

After all the trouble that Lostprophets’ frontman, Ian Watkins got into earlier this year, it only seems like normal for the rest of the band members to call it a day.

Yesterday, it was confirmed by the Associated Press that the remaining five members of the Welsh group have decided that it was in their best interest to disband the group.

Back in December, Watkins was arrested and charged with more than 20 offenses including raping a baby, conspiring to sexually assault a child and making indecent images. To this day, Watkins denies any of the accusations even though he is scheduled to stand trial sometime this year.

In a statement released by the five other members, it says, “after nearly a year of coming to terms with our heartache, we finally feel ready to announce publicly what we have thought privately for some time. We can no longer continue making or performing music as Lostprophets.” The letter was signed by all member, except for Watkins.

The band formed back in 1997 and had several successful songs including “Wake Up (Make a Move)” and “Rooftops (a Liberation Transmission.” Their last album, Weapons, was released back in April 2012 and were on that year’s edition of the Vans Warped Tour.