Date: September 30th, 2014 3:12 AM
Author: Grizzly rehab
Subject: Just havin some fun
To: lbudzi...@rbh.com
To All,
This E-mail was sent to me from one of the most prominent intellectual property
attorneys in the country: Please review. Thank You.
RE: James Damiano Vs. Bob Dylan CV 0547 (JBS)
Thanks for the disclaimer. I think in general, all you need to show for
Copyright infringement is access and substantial similarity. To avoid
summary judgment against you, the plaintiff, there would have to be some
dispute as to any material fact.
In your case, it would seem that all material facts are in dispute and no judge
should grant summary judgment in favor of Dylan. Further, the moving party has
the initial burden of proving that no genuine issue of material fact exist. So,
yeah, it seems like there are a thousand facts in dispute in your case
and were I a judge, I'd never award summary judgment in favor of the
other side.
Hecker Brown Sherry and Johnson LLP
1700 Two Logan Square
18th and Arch Streets
Philadelphia, Pennsylvania 19103-2769
Telephone: 215-446-6264
Fax: 215-636-0366
900 Haddon Ave
Suite 412
Collingswood, New Jersey 08108-1903
Telephone: 856-796-9000
Fax: 856-796-9006
sjoh...@heckerbrown.com
http://www.heckerbrown.com
Dear Mr. Johnson
You are beyond the date returnable to answer James Damiano's motion. In fact
you are more than sixty days late. You can not hide from this matter anymore.
There are witnesses that you have been served. You must notify Orin Snyder
which I'm, sure you have done. I spoke to the US marshall's service and they
wanted to know when you were served initially. I told them you were served
through E-mail in June 2002,
We are out of courtesy sending it to you via your E-mail address at
sjoh...@heckerbrown.com once again.
My feeling is if you insist on committing fraud you might as well committ it in
front of the whole legal society.
Dear Mr Johnson:
Please find enclosed a link to Plaintiff's motion to vacate Judge Joel B.
Rosen's order for confidentiality, Motion for Admissions, and other motions RE
James Damiano vs Bob Dylan for Copyright Infringement CV 95-4795 JBS.
Bob Dylan's suppression of the truth (The confidentiality order) is
adverse to the truth being a perfect defense for libel and the first
amendment (Freedom of Speech).
Judge Simandle's decision is in conflict and adverse to the first
amendment of the constitution of the United States of America.
Basic and simple: In every deposition of this law suit the witness's
were sworn to tell the truth. The truth is a perfect defense for
libel. Yet all depositions were designated confidential by Judge Joel
B. Rosen.
Damiano was found guilty of contempt for posting the truth on the
Internet. He was unable to protect himself with deposition's that
incriminated Bob Dylan. He was unable to protect himself with the
truth.
Judge Simandle's ruling to hold James Damiano in contempt for
disseminating deposition materials on the Internet in violation of
the courts confidentiality order designating all discovery materials
confidential in James Damiano Vs. Bob Dylan for copyright
infringement ( CV 95-4795 JBS ) jeopardizes the first amendment
rights of every American.
"Under the subject of mistruths spoken to your client during the course of
these telephone conversations he would frequently ask me to pass along
information to Bob and I in fact told him that I would and that I did and on
those occasions, that of course was a mistruth. [Deposition of Elliot Mintz]
Further Judge Simandle opined:
Subj: James Damiano Vs. Bob Dylan Copyright infringement cv 95-4795 (JBS)
Date: 08/11/2002 1:02:21 AM Eastern Daylight Time
From: Clark112000
To: mar...@optonline.net
CC: Clark112000
Plaintiff asserts that "the bulk of his life's work" was submitted to Sony
beginning in 1982. (Compl. at 2). He also alleges that he was told to bring his
songs to several concerts which he attended courtesy of Sony. Plaintiff has
produced evidence that after these [**18] concerts, he was allowed backstage
and gave his work to Dylan or his agents. (Damiano Decl. at PP 2, 5; Dep. of
Pam Damiano at 77-84, 97-104; Dep. of Brad Wright at 105-112). Taking these
allegations as true, plaintiff has demonstrated a genuine issue of material
fact as to whether defendants had access to his work. From Judge Simandle's
Decision
Subj: James Damiano Vs. Bob Dylan for Copyright Infringement
A paramount signature of what has become of the United States Judicial System.
Judge Simandles's ruling to hold James Damiano in contempt for violations of a
confidentiality order designating all discovery materials confidential in James
Damiano Vs. Bob Dylan for copyright infringement ( CV 95-4795 JBS ) jeopardizes
the first amendment rights of every American.
Few artists can lay claim to the controversy that has surrounded the
career of songwriter James Damiano. Twenty-two years ago James
Damiano began an odyssey that led him into a legal maelstrom with
Bob Dylan that, to this day, fascinates the greatest of legal minds.
As the curtain rises on the stage of deceit we learn that CBS used songs and
lyrics for international recording artist, Bob Dylan. Bob Dylan's name is
credited to the songs. One of those songs is nominated for a Grammy. Ironically
the title of that song is "Dignity"
Since auditioning for the legendary CBS Record producer John Hammond, Sr., who
influenced the careers of music industry icons Billy Holiday, Bob Dylan, Pete
Seger, Bruce Springsteen and Stevie Ray Vaughan, James has engaged in a
multimillion dollar copyright infringement law suit with Bob Dylan.
To our knowledge there has been only one article written about this suit and
released by the press. The article was written by Larry Hicks and published in
New Jersey's Morris County "Daily Record" on October 3, 1995, when the headline
"Mount Olive composer sues Bob Dylan" appeared on the front page.
Patricia Keil a spokeswoman for Sony commented on the allegations "We don't
normally comment on pending litigation but we know Bob Dylan wrote all of these
songs."
It is now six and a half years later and we have this to say:
After fifty hours of video taped depositions, and after three and a half
million dollars have been spent on this litigation, defendants Sony Music and
or Bob Dylan still to this date May 18th 2002, have never filed a counter,
slander or libel suit against Damiano. Defendants also refuse to answered the
material questions regarding Bob Dylan's solicitation of Damiano's songs and
music. The legal time allowed for the filing of such motions is well passed.
In 1979 James Damiano met Mikie Harris. Mikie introduced James to the CBS
Records now acquired by Sony. James eventually auditioned for Mr. Hammond with
an acoustic guitar.
This is a story of music industry corruption and intrigue, of the "little
guy's" daunting struggle against big business and a legal system that not only
failed to work for justice and fair play, but also allowed itself to be
manipulated for unprecedented vengeance.
In an unbelievable, but true story, we relive Damiano's seductive times with
top music industry artists and agents. In a chilliing chapter of the movie
James meets the highly acclaimed and legendary bass player Jaco Pastorius. Jaco
takes a liking and personal interest in James and his music. Eventually James
moves into Jaco's apartment on Jones and Paul Butterfield comes to stay for a
while.
We watch as James intrigues the industry with some of the hottest Rock and Roll
tracks ever to be recorded as Jaco coaches .
After his twenty-five year rise to the top we then suffer with James at the
malicious indifference and arrogant abuse of top industry officials.
Finally we rise with him to fight back in a court system covertly manipulated
by powerfully sinister forces yet James, in the course of the lawsuit
establishes "access" through the courts ruling.
Judge Simandle ruled in his December 1995 opinion "Plaintiff has demonstrated a
genuine issue of material fact as to whether defendants had access to his work"
Judge Simandle also ruled "This court will accept as true, Plaintiff's
allegation that
Sony represented to him that he would be credited and compensated for his work
if Dylan used it."
Even motive for the basis of the lawsuit is established through a 1988
Associated Press article by Katheryn Baker who interviewed Bob Dylan. MS Baker
writes "The other reason for the other is inevitable he didn't have enough
material of his own for an album"
Ms. Baker was deposed however her testimony remains confidential information
only available to the court and not the general public. Bob Dylan filed a
motion for all discovery materials to be designated as confidential and was
granted the request by Federal Magistrate Judge, The Honorable Judge Joel B.
Rosen.
Bob Dylan's publicist Elliot Mintz who had been soliciting James Damiano's
music for years is present at the Dylan Baker interview. Mr. Mintz reviews the
article for accuracy before it is submitted to the Associated Press for final
release..
During the course of investigation Damiano stumbles upon some interesting
facts which support his claims. He learns that the melody line for "Knocking,
On Heaven Door" is almost an exact clone of Neil Young's song "Helpless
"Knockin of Heavens Door" is released years after "Helpless" was played on the
radio.
Again learning that yet another Dylan song "Shelter From The Storm" seems to
be another exact melodic clone Foggerty's "Down Around The Corner" which was
released before "Shelter From The Storm"
As James learns of allegations about "Masters Of War" the melody line written
by Jackie Washington
Please note there is a website on the internet which has been left uncontested
stating that Jackie Washington wrote the melody line for "Masters of War"
Also Eric Von Schmidt has who published his allegations in a book released by
The Cambridge Press" that he wrote "Baby Let Me Follow Down" .
As the table starts to turn and "Eleven Years" enters the genre of mystery as
the big
fifth avenue corporate machine becomes helpless in defending against the true
documented facts.
Dylan's attorneys especially Orin Snyder and Steven D. Johnson look like fools
and are caught by the internet as it appears that they do not know how to
protect Dylan at all. All they know how to do is cut corners and committ fraud.
Traveling down a long hard thirty year Rock and Roll Road with James one must
wonder will James triumph in the end? To find out we're driven right to the
edge in a climax that makes "The Sting" and "Rocky" look like a walk in the
park.
COURT APPROVAL TO PUBLISH HIS STORY
The Honorable Judge Jerome B. Simandle has ruled:
Indeed as Defendants themselves profess, plaintiff may exercise his first
amendment right to speak about his claims with whomever he so desires,
he is only prohibited from exploiting the discovery materials obtained during
the course of this litigation for publicity, profit or collateral gain.
Finally, the limited nature of the 1996 protective orders does not preclude
Damiano from publishing his own version of reality to whomever he chooses, so
long as the materials and testimony that came to Damiano under the discovery
process in this case are not themselves disclosed
James has been associated with the most influential entertainment industry
producers all of his songwriting career. Besides working with John Hammond Sr.
James is the brother-in-law of Richard Frankel a two time Pulitzer prize winner
and the producer of many award winning Broadway plays including "The
Producers."
"The Producers" made history after winning twelve Toni awards, one more Toni
than "Hello Dolly."
PROJECT COMPONENTS and TALENT
James has contacted Ben Elliot, Grammy Award winning music
producer/engineer for Keith Richards, Eric Clapton, etc.to produce the his next
album,
Based upon his factual experiences documented in the account ?11 Years? and
leading up to his eventual copyright infringement suit with Bob Dylan, Sony
Music and CBS Records this issue becomes not only the most compelling
stories of generations and the rock and roll genre but it also becomes a
paramount signature of what has become of the United States Judicial System.
Damiano has Dylan beat at every stage of the game, from Dylan not being able
to deny the allegations of Dylan's solicitation of Damiano's songs to motive
and finally to the credentials of the music experts. Damiano's musicologist
graduated Magna Cum Laude from Harvard.
Damiano V. Bob Dylan for copyright infringement. CV 95-4795 (JBS)
The following letter has been E-mailed to Bob Dylan's attorney Steven D.
Johnson and all the partners and associates of the firm Hecker Brown Sherry &
Johnson.
Dear Firm:
Please be informed that Steven D. Johnson and Orin Snyder have committed an
abundance of fraud in their motion to hold James Damiano in contempt Re: James
Damiano Vs. Bob Dylan for copyright infringement. CV 95-4795 (JBS).
Orin Snyder and Steven D. Johnson both were aware that there were eleven years
of documented facts of James Damiano's association with Bob Dylan and Dylan's
management.
Not only did Orin Snyder and Steven D. Johnson ignor Mr. Damiano's testimony
regarding Mr. Damiano working with CBS for eleven years They neve denied or
contested Mr. Damiano's statement .
Orin Snyder and Mr. Johnson also never contested or denied Mr. Damiano's
testimony regarding Bob Dylan's solicitation of Mr. Damiano's music.
All of said facts incriminate Mr. Dylan and were left unresolved after Judge
Simandles decision to dismiss the case.
All decisions by Judge Simandle in this case were at best subjective.
Disregarding Judge Simandle's subjective decisions Orin Snyder and Steven D.
Johnson's knowledge of these facts document the extent of their fraud in filing
a motion to have James Damiano held in contempt of the courts confidentiality
order.
The legality of the confidentiality order is irrelevant given the fact that
someone anonomusly published and posted Mr. Damiano's website on the world wide
internet for the last six and a half years and defendants have not filed a
motion to have it taken off the internet.
However the illegality of the order is blatant given the fact that law provides
that all that is required to ensure Mr. Damiano's case be heard by a jury (
which it was not ) was one (1) material fact supporting his allegations of
infringement..
In this case Damiano has fifty hours of video taped depositions which
incriminate Bob Dylan and Bob Dylan's attorney Orin Snyder ( who forgot he was
wearing a microphone at the Elliot Mintz's deposition ), eleven years of
documented facts of Dylan's solicitation of Damiano's music, extremely
credible expert testimony from a Harvard musicologist with a PH-D, and sworn
blatant admissions of guilt by defendants.
All of the above evidence was disregard by the court when Judge Jerome B.
Simandle dismissed the lawsuit in summary Judgement. ( Defendant first
procedural motion which was not legally substantial enough to warant summary
judgement.)
Orin Snyder and Steven D. Johnson filed their contempt motion to hold James
Damiano in violation of the confidentiality order based on Damiano
disseminating said facts and deposition materials on the Internet, all of which
incriminate their client Bob Dylan.
Plaintiff Damiano produces the following transcript in support of his proof
that it is conclusive that Orin Snyder and Steven D. Johnson were aware of
Damiano's "Eleven Years" association with Bob Dylan and CBS Records thus both
Snyder and Johnson who are attorneys for Bob Dylan committed fraud.
In the following transcript James Damiano testified under oath in his contempt
hearing in front of The Honorable Judge Jerome B. Simandle :
"I feel like there is so much testimony and documentation of your clients
solicitation of my music over a period of eleven years, and there's deposition
materials to that effect which no one made reference to in the lawsuit, I feel
it's an unfair decision. I feel that I wrote songs for eleven years with Mikie
Harris, those songs showed up on Bob Dylan's albums. No one ever made reference
to the eleven years that I worked with CBS. No, one's ever contested those
issues."
Damiano's sworn testimony of Bob Dylan's solicitation of Damiano's music and
Damiano's testimony of his eleven year association with John Hammond, Sr. ,
Mikie Harris and CBS have never been denied or contested by Bob Dylan, Bob
Dylan's attorney, CBS, Sony Music, CBS lawyers, or Bob Dylan's lawyers.
Damiano has given a copy of said documents and a video tape of said depositions
to The United States Marshall's Service.
They have reviewed and commented on the materials in Damiano's favor .
See James Damiano Vs. Bob Dylan Motion update link below.link below
http://www.geocities.com/proposal112000/James_Damiano.html
Judge Simandles's ruling to hold James Damiano in contempt for violations of a
confidentiality order designating all discovery material confidential in James
Damiano Vs. Bob Dylan for copyright infringement ( CV 95-4795 JBS ) jeopardizes
the first amendment rights of millions of Americans.
FROM DAMIANO'S CONTEMPT HEARING
Page 70
DAMIANO - REDIRECT - JOHNSON
25. Orin Snyder: Why did you send the websites to Governor Whitman?
Page 71
DAMIANO - REDIRECT - JOHNSON
1 James Damiano: Because I feel that I've been not vindicated. I feel --
2 I feel --I feel like there is so much testimony and
3 documentation of your clients solicitation of my music over
4 a period of eleven years, and there's deposition materials to
5 that effect which no one made reference to in the lawsuit, I
6 feel it's an unfair decision. I feel that I wrote songs for
7 eleven years with Mikie Harris, those songs showed up on Bob
8 Dylan's albums. No one ever made reference to the eleven years
9 that I worked with CBS. No, one's ever contested those
10 issues. I just feel that I wanted something for my songs.
11 I'm not saying I wanted millions of dollars for my songs, I
12 just wanted something for my songs. Mikie Harris was more
13 than just a business associate, she was more than just a
14 casual business associate, she was like family to me. When
15 she left to go over seas, she asked me to take care of her
16 children. I took care of Randy and Duke when they were fifteen
17 and seventeen years old.
18 Orin Snyder: Mr. Damiano I don't want to interrupt you can you
19 answer my question? Why did you send the website to Governor
20 Whitman?
21 James Damiano: I feel there's a lot testimony that there's been -- I
22 don't feel like it was a fair trial. My lawyer worked for CBS, He
worked for
23 Parcher and Hayes from what I found out. I
24 don't know if that's a true statement. A lawyer contacted me
25 over at Parcher and Hayes and I would like to know if that's
DAMAINO - REDIRECT - JOHNSON
1 true. I'm trying to understand. I've been reasonable. I've
2 contacted your office a couple of times. I'm sorry I'm
3. going off.
4 The Court: Please answer the question. I think the
5 bottom line of the question is --
6 Mr. Johnson: I'll withdraw that question to the
7 extent it has already been asked and answered.
8 The Court: Okay.
9 By Mr. Johnson:
10 Q. And I'll just ask you if it isn't correct that you
11 violated the order when you sent the confidential material to
12 Governor Whitman?
13 A. I believe I violated the order? I don't believe I did.
14 Q. Now, you indicated that since you got Judge Simandle's
15 letter scheduling this hearing, you've done something to the
16 website. And I want to be clear what it is you've done.
UNITED STATES DISTRICT COURT - CAMDEN
The Honorable Judge Jerome B. Simandle
Orin Snyder Attorney for Bob Dylan (Parcher Hayes & Snyder)
Mr. Johnson Attorney for Bob Dylan (Hecker Brown Sherry & Johnson)
Subj: James Damiano V. Bob Dylan CV 95 4795 (JBS)
Date: 05/30/2002 10:51:00 PM Eastern Daylight Time
From: Clark112000
To: jcin...@heckerbrown.com, jgo...@heckerbrown.com
To: sjoh...@heckerbrown.com
To: jlar...@heckerbrown.com, agr...@heckerbrown.com
To: wbl...@heckerbrown.com, RRJR746, Robert Church
CC: maliv...@heckerbrown.com
CC: fblak...@heckerbrown.com
CC: bfe...@heckerbrown.com, Clark112000
(http://www.autoadmit.com/thread.php?thread_id=2003220&forum_id=2#26426294)