Wal-Mart sued over Evanescence lyrics
Sat Dec 11, 2004 6:09 pm
Wal-Mart sued over Evanescence lyrics
HAGERSTOWN, Md. (AP) — Wal-Mart Stores Inc., which promotes itself as a seller of clean music, deceived customers by stocking compact discs by the rock group Evanescence that contain the f-word, a lawsuit claims.
The hit group's latest CD and DVD, Anywhere But Home, don't carry parental advisory labels alerting potential buyers to the obscenity. If they did, Wal-Mart wouldn't carry them, according to the retailer's policy.
But the lawsuit claims Wal-Mart knew about the explicit lyrics in the song, Thoughtless, because it censored the word in a free sample available on its Web site and in its stores.
The complaint, filed Thursday in Washington County Circuit Court, seeks an order requiring Wal-Mart to either censor or remove the music from its Maryland stores. It also seeks damages of up to $74,500 for each of the thousands of people who bought the music at Wal-Marts in Maryland.
"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 plaintiff Trevin Skeens of Brownsville.
Skeens said he and his wife, Melanie, let their daughter buy the music for her 13th birthday and were shocked when they played it in their car while driving home.
Wal-Mart, of Bentonville, Ark., has no immediate plans to pull the CDs from its shelves, spokesman Guy Whitcomb told The (Hagerstown) Herald-Mail. He said the company will investigate the allegations. No hearing dates have been set.
"While Wal-Mart sets high standards, it would not be possible to eliminate every image, word or topic that an individual might find objectionable," Whitcomb told the newspaper.
He told the Herald-Mail that the song sample online was censored by Walmart.com, a separate division of Wal-Mart.
Whitcomb didn't return telephone calls Friday from The Associated Press.
The lawsuit also names as defendants Wind-up Records LLC, the New York-based company that recorded the music and decided not to apply parental-advisory stickers; and distributor BMG Entertainment, a subsidiary of Sony BMG Music Entertainment, of New York.
Sony BMG declined to comment on the lawsuit. Wind-up didn't return calls from the AP.
The Skeens' lawyer, Jon Pels of Bethesda, said he aims to "take this case national, even if that means going state by state."
He dismissed Whitcomb's suggestion that Wal-Mart stores didn't know about the censored version of the song. "They are a multimillion-dollar corporation and they certainly can communicate among their various entities," he said.
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My Thoughts: I saw this yesterday, actually, but didn't think to get the opinions of fellow PPT'ers. So what does everyone think about this controversy? I thought it was frivolous until I got to the part which stated Wal-Mart knew about the word.
My opinion: The f-word doesn't belong in Evanescence's songs anyway.
HAGERSTOWN, Md. (AP) — Wal-Mart Stores Inc., which promotes itself as a seller of clean music, deceived customers by stocking compact discs by the rock group Evanescence that contain the f-word, a lawsuit claims.
The hit group's latest CD and DVD, Anywhere But Home, don't carry parental advisory labels alerting potential buyers to the obscenity. If they did, Wal-Mart wouldn't carry them, according to the retailer's policy.
But the lawsuit claims Wal-Mart knew about the explicit lyrics in the song, Thoughtless, because it censored the word in a free sample available on its Web site and in its stores.
The complaint, filed Thursday in Washington County Circuit Court, seeks an order requiring Wal-Mart to either censor or remove the music from its Maryland stores. It also seeks damages of up to $74,500 for each of the thousands of people who bought the music at Wal-Marts in Maryland.
"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 plaintiff Trevin Skeens of Brownsville.
Skeens said he and his wife, Melanie, let their daughter buy the music for her 13th birthday and were shocked when they played it in their car while driving home.
Wal-Mart, of Bentonville, Ark., has no immediate plans to pull the CDs from its shelves, spokesman Guy Whitcomb told The (Hagerstown) Herald-Mail. He said the company will investigate the allegations. No hearing dates have been set.
"While Wal-Mart sets high standards, it would not be possible to eliminate every image, word or topic that an individual might find objectionable," Whitcomb told the newspaper.
He told the Herald-Mail that the song sample online was censored by Walmart.com, a separate division of Wal-Mart.
Whitcomb didn't return telephone calls Friday from The Associated Press.
The lawsuit also names as defendants Wind-up Records LLC, the New York-based company that recorded the music and decided not to apply parental-advisory stickers; and distributor BMG Entertainment, a subsidiary of Sony BMG Music Entertainment, of New York.
Sony BMG declined to comment on the lawsuit. Wind-up didn't return calls from the AP.
The Skeens' lawyer, Jon Pels of Bethesda, said he aims to "take this case national, even if that means going state by state."
He dismissed Whitcomb's suggestion that Wal-Mart stores didn't know about the censored version of the song. "They are a multimillion-dollar corporation and they certainly can communicate among their various entities," he said.
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My Thoughts: I saw this yesterday, actually, but didn't think to get the opinions of fellow PPT'ers. So what does everyone think about this controversy? I thought it was frivolous until I got to the part which stated Wal-Mart knew about the word.
My opinion: The f-word doesn't belong in Evanescence's songs anyway.
Sat Dec 11, 2004 6:22 pm
I think it's stupid to sue Walmart for not censoring one word. I mean geez, one curse word your children's brains are going to be scared forever *rolls eyes* they need to get over it. It's not like their kids don't hear those words anyways.
And it's certainly nothing to sue over either, in my opinion.
And it's certainly nothing to sue over either, in my opinion.
Sat Dec 11, 2004 6:46 pm
The song "Thoughtless" is a cover of a song from Korn, thus the swearing. But really...just a word (or a few, I hear there's more than one) that kids hear everywhere they go. That 13 year old girl probably hears it more at school than in music. Makes me wonder what parents think the schools they send their kids to are.
Sat Dec 11, 2004 8:28 pm
Yes, I have heard about it. I have the DVD/CD and Amy only swears in the "Thoughtless" song which is a cover of Korn's song. Therefore, it shouldn't have a large affect on Evanescence.
Sat Dec 11, 2004 10:50 pm
Haha, how hilarious is that? Okay, not very, but still amused me. 
Sun Dec 12, 2004 12:30 am
Yoshi wrote:The song "Thoughtless" is a cover of a song from Korn, thus the swearing. But really...just a word (or a few, I hear there's more than one) that kids hear everywhere they go.
There's two in the bridge. But if you count the time they're repeated, that would be around 2-3 times.
Sun Dec 12, 2004 12:59 am
fzun wrote:I think it's stupid to sue Walmart for not censoring one word. I mean geez, one curse word your children's brains are going to be scared forever *rolls eyes* they need to get over it. It's not like their kids don't hear those words anyways.
And it's certainly nothing to sue over either, in my opinion.
Those words build up to more than,"one word" after a while, though.
I'm glad people are taking a stand on this. In this world, I'm surprised they didn't just let it go.
Sun Dec 12, 2004 1:18 am
Aw, c'mon, a 13-year-old? 13-year-olds REGULARLY use that word nowadays! >_<
Sun Dec 12, 2004 2:54 am
Initial reaction: 
Wal-mart has been owned.
But that reaction was only due to the stupidity of the lawsuit.
$74,500 for hearing one curse word?! Fools.
Wal-mart has been owned.
But that reaction was only due to the stupidity of the lawsuit.
$74,500 for hearing one curse word?! Fools.
Sun Dec 12, 2004 2:55 am
It's one thing to file a complaint regarding something that was mislabeled, it's another thing to seek damages that may or may not have hypothetically occured. If the parents didn't approve of the music, it's simple in my opinion to just return the CD. I don't see that this suit is part of their duty to keep kids safe.... more attention seeking but not as a duty.
Although Wal-Mart has their standards, it's more up to a parent to keep track of the music that's being listened to than a coperation.
Although Wal-Mart has their standards, it's more up to a parent to keep track of the music that's being listened to than a coperation.
Sun Dec 12, 2004 5:04 am
I just heard the song, and personally, I don't think it should be worried about. It is repeated, but not like its the majority of the song ><
Sun Dec 12, 2004 8:56 am
Hm.
I really couldn't give one.
I really couldn't give one.
Sun Dec 12, 2004 12:10 pm
@_@;;
In my world, 13 year olds are mostly "f this, f thiat, go f the f ing goldfish" etc.
It's just a swearword.
You can't wrap kids in cotton wool, especially when they're teenagers.
And, if people want to sue Wal-mart for selling an Evanescence cd for having one swear word, why not sue Woolworths and all the other places that sold the Busted cd 'A Present For Everyone'? It has numerous swear-word, and how many kids do you see running round singing/dancing to Busted? And how many parents do you see suing companys for selling their cd?
In my world, 13 year olds are mostly "f this, f thiat, go f the f ing goldfish" etc.
It's just a swearword.
You can't wrap kids in cotton wool, especially when they're teenagers.
And, if people want to sue Wal-mart for selling an Evanescence cd for having one swear word, why not sue Woolworths and all the other places that sold the Busted cd 'A Present For Everyone'? It has numerous swear-word, and how many kids do you see running round singing/dancing to Busted? And how many parents do you see suing companys for selling their cd?
Last edited by jellyoflight on Sun Dec 12, 2004 5:10 pm, edited 1 time in total.
Sun Dec 12, 2004 2:25 pm
Honestly, it's a word. they're gonna hear it eventually anyways. and besides, most thirteen year olds these days say it too.
Sun Dec 12, 2004 5:19 pm
Oh yeah, like in the scheme of things these stupid people are really going to hurt walmart
So I'm sure this little $70,000 isnt going to put too much of a dent in their bank balance. They'll make the money back in a week in 5 stores.
Still, they should have stuck by their policies, we all know how stupid america is....
calm down, by the way, thats a joke
For the third year in a row, Wal-Mart was No. 1, with revenues of $263 billion,
So I'm sure this little $70,000 isnt going to put too much of a dent in their bank balance. They'll make the money back in a week in 5 stores.
Still, they should have stuck by their policies, we all know how stupid america is....
calm down, by the way, thats a joke