Ramone's Suit Against Apple, Wal-Mart, Real Dismissed

Richard Reinhardt, also known as drummer Richie Ramone, recently received a copyfight smackdown from a federal judge in New York, after lodging an unsuccessful copyright infringement lawsuit against Wal-Mart, Apple, and Real Networks over digital downloads of Ramones songs. Reinhardt was one of several drummers for the Ramones, played on three full-length original releases from 1984-1987. He quit in frustration over the band's unwillingness to share their ancillary profits.

Richie Ramone's suit sought $900,000 in damages and a permanent injunction barring the Ramones from selling or distributing six tunes written by Reinhardt: "Smash You,"
"Somebody Put Something in My Drink," "Humankind," "I’m Not Jesus," "I Know Better Now" and "(You) Can't Say Anything Nice."

His decades-plus quest for profit seems to have come to an end at the hands of a suitably frustrated judge, who dismissed Reinhardt's claim that digital files are not "manufactured or sold," but rather transmitted and licensed. Not only did Reinhardt fail to make enough of a distinction between the way digital and physical music is sold, according to the judge, but his logic was also a bit circular:

Reinhardt argues that the license refers only to 'allforms' that are 'manufactured or sold,' and digital downloads do notfall within its purview because they are transmitted and licensed toend users rather than manufactured or sold. This argument is withoutmerit. The distinction Reinhardt attempts to draw departs from the mostreasonable reading of the contract and he therefore bears the burden ofjustifying this departure. Reinhardt has failed to meet this burden,
particularly because he alleges that the digital recordings were sold,
contradicting his own argument that digital recordings are licensed butnot sold.

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Here's the first song on the list:

Photo: MySpace

See Also:

• R.E.M. vs. Improv Everywhere = Copyfight Nonsense
• Improv Everywhere Talks R.E.M., Mass Freezes and Cavemen
• Star Wars Costume Copyfight Spreads to England
• Music Label's Copyright Argument is Rubbish