BIAFRA vs. DK's - PROTEST EAST BAY RAY'S TREACHERY

cjmarsicano

New Metal Member
Jun 27, 2003
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Hazleton PA
www.cjmarsicano.com
PLEASE CIRCULATE FREELY!!

This is not a solicitation from Alternative Tentacles or any related entity -- just an appeal from a long-time Dead Kennedys fan who is sick and tired of seeing Jello Biafra, the true voice, heart and soul of Dead Kennedys, be abused legally, mentally, financially, and spiritually.

On June 20, 2003, a California Appeals Court refused to hear the appeal of Jello Biafra with regards to his ongoing (since 1998) legal dispute with the other former members of Dead Kennedys.

If this were a simple cut-and-dry copyright and royalty dispute case, this would not matter... but there is more than meets the eye here. The other former DK's, led by guitarist/business manager Raymond Pepperell Jr. (East Bay Ray), have been attempting to put Biafra and Alternative Tentacles Records out of commission since this whole ugly mess started over a long-corrected accounting mistake plus Biafra's refusal to allow "Holiday In Cambodia" to be used in a Dockers commercial.

Pepperell has vowed to friends (and "enemies", including Biafra and many Alternative Tentacles employees) that he will not stop his litigious ways until Alternative Tentacles Records collapses and Jello Biafra is bankrupted/homeless/dead! He is reportedly planning to file or may have already filed a second suit against Biafra and Alternative Tentacles for alleged slander regarding the former DK's deceptive business practices, especially with regard to both the DK's back catalog and current slew of live performances. Credits of DK's albums have been altered with songwriting credits being changed to claim that all four members co-composed (rather than just arranged) every song on DK's albums. Monies coming in from the sale of the recent DK's reissues on Manifesto and DVD's on Cherry Red and MVD that go to the Decay Music partnership are supposed be split four ways, but Biafra is not getting his share of the money - incredulously enough, Ray has been taking Biafra's money and putting it towards legal fees arising from the Decay Music partnership suing Biafra - in other words, Biafra is forced to pay to sue himself! For all intents and purposes, the income from the reissues and DVD's are actually being split three ways! Biafra has already filed a lawsuit of his own against the ex-Kennedys regarding their continuing promoting of live performances, initially billed as "Dead Kennedys" concerts (often with pictures of Biafra circa the band's glory days) when ticket sales or dates are announced, then downgrading the billing to "DK Kennedys", an acronym for Dead Kennedys and Dr. Know, the former band of current DK's "lead singer" Brandon Cruz (former child actor from "The Courtship Of Eddie's Father") after a period of time has passed.

All of Pepperell's deceptive business practices, by the way, are flying in the course of an initial court order that ordered the Decay Music partnership to be split up and the master rights to the DK's back catalog to be sold to a third party.

Outside of helping/supporting Biafra and ATR via their defense fund, what can a fan of Biafra and what the DK's stood for do?

Simple, protest! Go right to the top... in this case, Raymond "East Bay Ray" Pepperell himself!

WHAT TO DO:

East Bay Ray's contact information is publicly available via BMI.com's database is available at the following link:
http://makeashorterlink.com/?B21F21005
(the actual URL is too long to fit into an e-mail without it getting cut off and word-wrapped). His fax is (510) 652-4815, his e-mail is eastbayray@innocent.com, and his/Decay Music's PO Box is: Decay Music, PO Box 11399. Piedmont, CA 94611.

Fax, e-mail or write Pepperell. Urge him to give up his litigious ways, sit down with Biafra and the other DK's, and settle the whole deal.

If you are angered by Pepperell's actions, tell him so, but be civil. As tempting as it would be to call him every name in the book, it would not help matters, it would only make them worse. Tell him that his actions have turned you off as s fan of the band's music and that you will no longer support his work unless he wises up. Don't send him death threats. Don't tie up the phone number listed in the BMI database.

On the other hand, DO BY ALL MEANS put pressure on Pepperell and Co. to do the right thing for the good of the music and legacy of Dead Kennedys. And encourage your fellow music fans, especially of Biafra and Dead Kennedys, to do the same.

If anyone has any contact information (e-mail or fax preferably, not phone!) for the other two members of Dead Kennedys, Geoffrey Lyall (Klaus Floride) and Darren Henley (D.H. Peligro), let us know at robinhood@corporatedirtbag.com)

We do have an e-mail address for "replacement" singer Brandon Cruz - brandoncruz@earthlink.net Brandon has claimed that he is only particpating in the ongoing reunion tour for the good of the music... if you think contacting him will put his sincerity or whatever in check, go for it.

More info on the Biafra vs. DK's case can be had at www.alternativetentacles.com, while the former band members' side of the story (admittedly very questionable) is posted at www.deadkennedysnews.com

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This is a fan-based campaign not affiliated with Jello Biafra, Dead Kennedys, or Alternative Tentacles Records whatsoever.
 
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Who is Jello trying to fool? We all know property is theft anyway.
 
O.k I am a LONG time fan but need more info. I heard Jello wasnt giving the other members of DK there share of the royalties and thats what started the law suits in the first place. Is there any truth to this? Is so ./ if not where can I go for more info? But you are right, they should all sit down with equal representation present and put it to an end.
 
Fuck that commie, I hope he looses. He just likes to spew off at the mouth about to much shit for me to give one rat turd about his problems. I wouldn't piss on him if he was on fire.
 
I talked to Ray and Klaus Flouride and I seem more to trust THEM rather than Jello... after I'd read a few interviews with him. BTW, Dead Kennedys live with Brandon kick ass.
 
TD said:
I'm more apt to side with Jello here. Although I don't know all of the details. I do know that DK are one of my all time fave punk bands, but I refuse to see a bastardized version of them.
In that case avoid the misfits.
 
Yeah that Misfits ongoing tour in a freakin joke. I played along when it was Jerry/Doyle Graves and Chud but now without Doyle and no real band since Graves and Chud are out its like Jerry is not even trying to make a band, hes just living of the name. All that said though I have seen Jerry and the punk rock all stars about 3 times and I always liked it, the songs are just undeniable.
 
well just get ya hands on Give me convenience OR give me death..best ofs are always are start



Well don't stand there staring...I told you what ya gotta do...now fuck off and do it :loco:
 
This whole thing started because Jello, as owner of Alterantive Tentacles, refused to allow a multi-national (can't remember which) to use a song from "Fresh Fruit for Rotting Vegetables". Anyone who's ever come within reading or listening distance of a DK CD will know that they were anti-monetarism and anti-war. It was therefore in keeping with DKs spirit (though they had long given up) to knock this request back. The remaining former members (who have since got back together and become a pro-war band(!)) took offence at the lack of royalties and decided to wrest control of the DK royalties from Jello.

The original poster was correct - Jello is DK incarnate, and its a bit of a joke for him to be cut out and the other members to get together as a pro-money, pro-war band.

To the "commie" jibe, I'm afraid you're much mistaken. He's a well informed realist who has not been corrupted by money. They're hard to come by in any country never mind America.

He lives in a country where democracy (literal meaning is that the people hold all the power!) is reduced to an election every five years which can be fixed anyway. And everyone knows the government is controlled by the lobbyists and the media anyway....

To be anti-establishment is not "Commie" its what comes naturally if you are educated and retain your conscience.

To the good side of Dead Kennedys - even if JB does not get royalties and the other nuts do, I thoroughly recommend "Fresh Fruit for Rotting Vegetables" and "Give me Convenience" - punk / hardcore has NEVER been so good.