Musician Threatens To Sue Journalists For Defamation For Pointing To His Past Troubles Fulfilling Crowdfunding Campaigns
from the that'll-work dept
Meet Cody Payne.
Payne is the ex-rhythm guitarist and former manager of now-disbanded rock
group The Dangerous Summer. During his time
with the band, Payne cultivated a less-than-stellar reputation by (among other things) allegedly playing shows drunk, and the group seemed to have a hard time
completing tours. Yet it was Payne's DIY projects that really sent his and the band's
reputation into a nose-dive: Payne's Kickstarter raised over $14,000 for a DVD that was never fulfilled (in which Payne
takes a shot at "needy" fans expecting what they paid for), and Payne was
alleged to have forged his bandmates' signatures
on the tab books he was making and selling. By the time the band's lead singer left in April of
2014, citing a "complete disconnect" with Payne and leading to the group's demise,
there didn't seem to be much of a reputation left to even ruin.
Fast-forward to July of 2014, as Payne geared up to start raising money for his new musical project. Still holding
the keys to all The Dangerous Summer's social media accounts, Payne proceeded to hijack and spam their Facebook page with his IndieGogo drive, which quickly led to a fan rebellion and a scrambling apology. The hubbub eventually caught the attention of AbsolutePunk's Jason Tate, who had been an early supporter of The Dangerous Summer's work before the band committed PR seppuku. Tate
posted a brief news item on the matter:
The guy who has repeatedly fucked over backers of his other crowd-funded projects is doing another one. My advice: Don't give him your money.At this point, Payne sensibly did what anyone who's suffering a PR fiasco would do: he threatened to sue for defamation.
As the story caught on, Payne saw fit to expand his threat to include Zack Zarrillo, another music journalist, sending him the following message:
Of course, any defamation case Payne might file in California (where he resides) would almost certainly be vulnerable to an anti-SLAPP motion. Pointing to unhappy customers from Payne's previous crowdfunding efforts and the backlash from his Facebook posts is simply factual reporting, and truth is a complete defense to defamation. Concluding that Payne has "fucked over" past supporters or that people should avoid doing business with him constitutes opinion based on disclosed facts, which (as Scott Redmond found out when he sued Gizmodo) also renders the statements likely nonactionable. Consequently, if Payne took this to court, there's a good chance he'd be paying for everyone's attorneys at the end of the day.
Whether or not Payne will ultimately file suit is yet to be seen. For now, he appears content to dream of a world where nobody critical reports on his shenanigans. Perhaps he can invite Barbra Streisand to join him when he finds it.
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Yeah, good luck with that./div>
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I only just now thought of this, but...
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If the point is to have them pushing for changes in the law beyond what's already on the books, I'm balking./div>
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I mentioned this in an earlier thread on the subject, but I actually think this is an interesting place where the Techdirt positions are in conflict. When the SSRC report in Piracy in Emerging Economies came out, it was championed as vindicating business model solutions to infringement rather than legal solutions. Specifically, it demonstrated that media was simply priced far too high in emerging economies, leading directly to piracy, and the solution was to make media more affordable. But if media was universally priced at levels acceptable to the most impoverished nations, its manufacturers would likely never recoup the costs of development. So the solution was to segment the markets, and price each regional offering according to what its population could afford. But if anyone can just pluck up the copies available in the cheapest market and resell them in the most expensive market, that business model is destroyed, and we've taken away one of the main methods for copyright holders to actually provide affordable options to developing nations./div>
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