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Walmart Being Sued over Swear Words in a CD

N

nageov3t

Lifer
http://news.bbc.co.uk/2/hi/entertainment/4088757.stm

Wal-Mart is sued over rude lyrics

The parents of a 13-year-old girl are suing US supermarket giant Wal-Mart over a CD by rock group Evanescence that contains swear words.
The lawsuit, filed in Washington County, alleges Wal-Mart deceived customers by not putting warning labels on the cover.

Trevin Skeens alleges Wal-Mart knew of the offending word because it had censored it on its music sales website.

Wal-Mart said it was investigating the claims but had no plans to pull the CD.

Wal-Mart has a policy of not stocking CDs which carry parental advisory labels.

Mr Skeens said he bought the Anywhere But Home CD for his daughter and was shocked to hear the swearing when it was played in their car.

Damages claim

"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 Mr Skeens of Brownsville.

The lawsuit seeks to force Wal-Mart to censor the music or remove it from its stores in Maryland.

It also seeks damages of up to $74,500 (£38,660) for every customer who bought the CD at Maryland Wal-Marts, and also naming record label Wind-Up Records and distributor BMG Entertainment in the legal action.

"While Wal-Mart sets high standards, it would not be possible to eliminate every image, word or topic that an individual might find objectionable," Wal-Mart spokesman Guy Whitcomb told the Herald-Mail of Hagerstown.
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seems like the epitome of frivalous lawsuits. most importantly, they're only words. not even long or important ones at that. and $75K in damages? where are they pulling that figure from?
 
I guess some people would rather give up their freedom to choose and to think in order to have a nanny style federal government.
 
Originally posted by: loki8481
seems like the epitome of frivalous lawsuits. most importantly, they're only words. not even long or important ones at that. and $75K in damages? where are they pulling that figure from?
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I guess in the post- Janet breast scandal environment they might even have a chance of winning?

Interesting article on attitudes towards sex & sexual freedom in the USA:

http://www.nytimes.com/2004/12...ed=print&position=
 
seriously... they're only words, folks.
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words change harts and minds. Words build and destroy community. Words are what our society is built on and proper respect for one-another is what living in a good community is built on.

Beyond that: it?s not your or Wal-Mart?s place to tell people how there children should be raised.

That said:
Yep, it?s a frivolous lawsuit, but I?m for frivolous lawsuits.
 
So they are ok with Wallmart selling guns and ammo, but not with selling a CD with a swear word in it?

I don't know whether to laugh or cry.
 
Walmart has represented to their customers, and potential customers, that CDs, etc. bought there will be free of offensive language. There are people (mostly parents) who either shop there or only allow their kids to buy their music there specifically because of that. Walmart benefits by their restriction in both CD sales, and more importantly, sales in other departments once the customer is lured in.

Personally I never buy ANY prerecorded media at Walmart (music, DVDs and books) specifically because I disagree with this restriction. But I see nothing wrong at all with Walmart being held accountable in court if they broke their promise to their customers.

This is a simple contract matter. The amount of the damages ultimately found is another issue completely. Odds are any damages would be pretty trivial and wouldn't usually economically justify bringing such a suit. Odds are the plaintiff (and or plaintiff's counsel) either has some religious or "moral" axe to grind or is simply a publicity hound.
 
Originally posted by: Speedy3D!
So they are ok with Wallmart selling guns and ammo, but not with selling a CD with a swear word in it?

I don't know whether to laugh or cry.
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Not to mention numerous DVDs with floods of obscenity in them.
I think they should have just returned the CD, but I guess that would have been downright logical.
 
Originally posted by: SuperTool
Haha, Walmart's own sensorship comes back to bite them in the @ss.
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Heh he...that was my first thought. Brings back images of Walmart calling police and having a woman shopper with her small kids handcuffed and hauled throught the store to a back office because of supposed "kiddy porn" pics that WM had developed for her. Of course the pics were of her OWN children in the tub and backyard swimming pool.



Screw Walmart,haven't bought from them in years,don't intend to...



 
Originally posted by: Martin
Originally posted by: Strk
What was the word?
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It would most likely be "shit". I have that album, and I really can't recall any swearing it, so I suppose it has to be something minor.
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I figured it wasn't anything major.
 
Originally posted by: SuperTool
Haha, Walmart's own sensorship comes back to bite them in the @ss.
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That's EXACTLY what I was thinking. The problem for Wal-Mart is that they've created this expectation that the media for sale in their store will be white-washed and sparkly clean for all of the Christians who love to shop there. Any little slip up and they will run into potential legal problems like this. And to think, all these years I've been telling people not to shop there -- mainly because of the censorship, but also because of the monopolistic and unfair business practices -- and now their censorship comes back to bite them on the ass. I only hope more families sue them.
 
Originally posted by: Thump553
Walmart has represented to their customers, and potential customers, that CDs, etc. bought there will be free of offensive language. There are people (mostly parents) who either shop there or only allow their kids to buy their music there specifically because of that. Walmart benefits by their restriction in both CD sales, and more importantly, sales in other departments once the customer is lured in.

Personally I never buy ANY prerecorded media at Walmart (music, DVDs and books) specifically because I disagree with this restriction. But I see nothing wrong at all with Walmart being held accountable in court if they broke their promise to their customers.

This is a simple contract matter. The amount of the damages ultimately found is another issue completely. Odds are any damages would be pretty trivial and wouldn't usually economically justify bringing such a suit. Odds are the plaintiff (and or plaintiff's counsel) either has some religious or "moral" axe to grind or is simply a publicity hound.
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So what law did they break? Their own? How does the court have jursidiction over that?

The only issue I can is that maybe this could about false advertising. Nothing more.
 
Originally posted by: bsobel
So what law did they break?
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Its a civil matter, not a criminal one.
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Again what law did they break ? Using the logic stated above you could sue and win a lawsuit against a oil company that claims to be environmentally friendly but it is in fact not environmentally friendly. If you think that is okay or that one is okay but the other is not then you are beyond help. This nothing more then a frivolous lawsuit being pushed by someone who is clearly a very extreme social conservative.
 
Originally posted by: Drift3r
I guess some people would rather give up their freedom to choose and to think in order to have a nanny style federal government.
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lets extradite these people to cuba.
 
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