Timo Tolkki REALLY needs to stop talking....

[No Username]

What I am saying is that he DID own the name.
Re-read the interview above.

He said instead of going to court, he turned over the name to them.

This is why I am shocked that he is astounded they used the name.

Once again, why would he think they wouldn't use the name?

STRATOVARIUS is a top 10, if not top 5, brand in the world of power metal.
Tolkki left on his own, and then gave up the name.

Why the heck would he think they wouldn't use the name still?

Just because he wrote the songs? Bullshit!!!!
Everyone's talents are what help make a song that is written an amazing "song" that people here.

See that is not how I read this at all...now I wonder if the quote is taken out of context.

Here is the sequence of events as laid out in your first post:

1. Tolkki leaves on his own.
2. Band decides to keep the name even though he owns it.
3. He is shocked they would do that.
4. He could sue, but then decides to just let them have the name.

The way you seem to interpret this, you switch #3 and #4.

If he was shocked they would continue to use the name AFTER he signs it over to them, yeah that is kinda dumb. But that is not what he is saying.

 

[Pellaz]

Yeap. Miss K, the mental breakdown, the attack out in the streets, this...

Looks like second-row at a GWAR concert. (Front-row would involve even MORE red, obviously fake splattered goo. )

 

[adaher]

I wonder if legally in this country he would even be considered competent enough to sign over everything.

And really, if I was in the other guys' shoes, I wouldn't have let him sign over all the royalties along with it. You shouldn't take advantage of crazy people.

 

[AMBR]

I wonder if legally in this country he would even be considered competent enough to sign over everything.

And really, if I was in the other guys' shoes, I wouldn't have let him sign over all the royalties along with it. You shouldn't take advantage of crazy people.

(sigh) This is such a well-publicized bit of misinformation. It amazes me that so many people who say they don't trust him, believe much of what he says. Thanks to the antics of Mr. T, Strato was unable to settle their contract with Universal and owe them still, so they make nothing on the back catalog. He thinks he had the rights to the name, but that probably would not held up in a court of law which is why he didn't sue. No one has taken advantage of Timo Tolkki. Quite the opposite.

 

[AngraRULES]

Looks like second-row at a GWAR concert. (Front-row would involve even MORE red, obviously fake splattered goo. )

Funny story... a few friends went to see Gwar some years back. One of them comes back with a staff infection, a huge rash on the arm.

My point is, I'll never go see Gwar.

 

[AngraRULES]

Oh boy, news news news!! lol: I had to)

Tolkki on a brand new statement:

"Regarding my recent interview with the Argentinian IRON MAIDEN site, I would like to correct what has been written about STRATOVARIUS. If you read the interview, I am not saying that they should not have carried on without me. I just criticized the usage of the name 'STRATOVARIUS' without me and this is explained in the interview quite throroughly. I wish the guys nothing but good and there is a lot of talent in that band. I am happy that they are making music and touring. It is time to move on, for everybody. I was just asked this question and I gave my opinion. That's all."

He actually said something that makes sense this time around.

 

[Justin G]

Oh boy, news news news!! lol: I had to)

Tolkki on a brand new statement:

"Regarding my recent interview with the Argentinian IRON MAIDEN site, I would like to correct what has been written about STRATOVARIUS. If you read the interview, I am not saying that they should not have carried on without me. I just criticized the usage of the name 'STRATOVARIUS' without me and this is explained in the interview quite throroughly. I wish the guys nothing but good and there is a lot of talent in that band. I am happy that they are making music and touring. It is time to move on, for everybody. I was just asked this question and I gave my opinion. That's all."

He actually said something that makes sense this time around.

"No comment" is what he should have said. Interviewers need to move on as much as he does, though.

 

[AngraRULES]

"No comment" is what he should have said. Interviewers need to move on as much as he does, though.

Yeah, seriously. It's about time.

 

[Jasonic]

Well, we can all split hairs on what was said VS what was meant.

Either way, what I care about most as a fan of the band, is that they are making great records again and have a good chemistry amongst the members.

 

[1000 Faces]

(sigh) This is such a well-publicized bit of misinformation. It amazes me that so many people who say they don't trust him, believe much of what he says. Thanks to the antics of Mr. T, Strato was unable to settle their contract with Universal and owe them still, so they make nothing on the back catalog. He thinks he had the rights to the name, but that probably would not held up in a court of law which is why he didn't sue. No one has taken advantage of Timo Tolkki. Quite the opposite.

As I recall, they lost the Universal case on a technicality. The Universal lawyers argued that the band that had signed the contract was Tolkki, Kotipelto, Johansson, Michael, and Kainulainen, and since Kainulainen had left, the band had breached the contract. The judge bought it, and by the letter of the law it was the proper ruling, but it's the sort of thing that is never invoked unless a record company is trying to get out from under a ridiculous commitment.

Also, Tolkki almost certainly owned the Stratovarius name, and even if he didn't, there isn't a court in the world that would have denied him the use of it if he'd really wanted it. Getting to that ruling, however, would have been the problem; lawyers are not cheap. Tolkki's move to grant the name to the Kotipelto / Johannson / Michael / Porra band was likely made to head off any sort of legal action, as Kotipelto et al. had made it very clear that they wanted the name, Universal baggage and all. If it had gone to court, it would have been financial suicide for all involved, and since Tolkki didn't intend to use the name himself, he gave it to Kotipelto et al. but apparently hoped that when all was said and done, they would choose not to use it since it was practically synonymous with him.

 

[Stingray11214]

An interview with Timo Tapio Tolkki is kinda like a glutton at Christmas.....how much of a fruitcake must one have?

 

[AMBR]

As I recall, they lost the Universal case on a technicality. The Universal lawyers argued that the band that had signed the contract was Tolkki, Kotipelto, Johansson, Michael, and Kainulainen, and since Kainulainen had left, the band had breached the contract. The judge bought it, and by the letter of the law it was the proper ruling, but it's the sort of thing that is never invoked unless a record company is trying to get out from under a ridiculous commitment.

That was one earlier speculation. This is what it came down to: the settlement with Universal was days from being signed when Tolkki made his announcement concerning the problems within Strato, his split with them and this deal with Frontier. This was done deliberately and put an end to the settlement. The Universal debt would have been eliminated if he had not done that. Even their lawyer was blindsided. So, saying he has given them anything is a joke.

 

[Stingray11214]

That was one earlier speculation. This is what it came down to: the settlement with Universal was days from being signed when Tolkki made his announcement concerning the problems within Strato, his split with them and this deal with Frontier. This was done deliberately and put an end to the settlement. The Universal debt would have been eliminated if he had not done that. Even their lawyer was blindsided. So, saying he has given them anything is a joke.

But, AnnMarie, if that was the case, why did Universal not go after him? Why could the band not go on and cut the deak themselves? It seems that Strato is now a waste of time if all they are doing is touring and recording just to pay of debts.

 

[AMBR]

But, AnnMarie, if that was the case, why did Universal not go after him? Why could the band not go on and cut the deak themselves? It seems that Strato is now a waste of time if all they are doing is touring and recording just to pay of debts.

A deal was cut but it left all the members having to pay back a portion of the debt.

 

[Stingray11214]

A deal was cut but it left all the members having to pay back a portion of the debt.

But, Tolkki was the owner of the brand. Are you telling me that he bolted and left the boys holding the bag? Can the boys take legal action against Tolkki for his part in this mess? After all, he caused the breach of contract by bolting.

 

[AMBR]

I'll PM you later and explain. I don't think anyone else is interested, LOL.