News•February 12, 2012 9:33 PM ET•10,384 views
Terrorizer/Season of Mist being sued for plagiarism
Yesterday we received a press release from an outfit called Forward Regression Records, claiming that they are set to file a lawsuit against Season of Mist for "copyright infringement for plagiarism on their upcoming Terrorizer album, Hords of Zombies." According to Forward Regression, Los Angeles grindcore and death metal pioneers Terrorizer plagiarized a song from Collapse, an unknown (as far as we can tell) death metal/grind band from Nova Scotia, Canada. Specifically, Forward Regression maintains that on their song "Subterfuge," Terrorizer "have clearly violated copyrighted material" by lifting passages from a Collapse song called "Mechanisms of Oppression." The supposed evidence is below: Terrorizer - "Subterfuge" Collapse - "Mechanisms of Oppression" Personally, I hear two songs in the same genre, but that's about it. I responded to Forward Regression's original press release and accused them of launching a lame publicity stunt. The nice fellow at Forward Regression was dismissive of my claim, stating that a lawsuit was indeed moving forward, adding, "The merit of the lawsuit will be up to the Supreme Civil Court to decide, that's where we are taking it. We'll let them hear the songs and then let them decide at the hearings if our song has been plagiarized or not." When pressed for what exactly was stolen, I was told the following:
"It is our opinion that in the song Terrorizer 'Subterfuge' one of the main guitar riffs starting at appx. 0:28 Seconds until 0:45 Seconds and again later in the song are lifted directly from the song Collapse - Mechanisms of Oppression at appx 1:48 in the song. Our song was released in 2008 and re-recorded and released again in August 2011. "As well, the cover artwork for the album resembles our album Collapse - Sustainability. With the Moon in background, with destroyed buildings, and destroyed automobile in the foreground. This will be used in our lawsuit to prove in our opinion that they have blatantly copied our material." "If this were a publicity stunt, it is Season of Mist and Terrorizer not Collapse and Forward Regression who are creating the controversy. By coping our album art and lifting riffs directly off our album."That last sentence doesn't make much sense to me. If Terrorizer wanted to engage in a publicity stunt, choosing to target a band and label with no following seems rather pointless. Regardless, Forward Regression is intent on preventing the forthcoming release of Terrorizer's new album, or rather, obtaining a financial settlement by threatening to do so:
"If they release the album as planned in the public spotlight then everyone will know if they agree that they have intentionally released plagiarized material for a financial profit. Which will make the lawsuit more severe. "It is more common to give advance notice to the defending party and then publicly announce the case before it is filed. So that public pressure will force them to rectify the situation. At this time there is not sufficient time until the release date to handle this matter privately with Season of Mist. "Right now there is no timeline on the lawsuit, and we are watching to see what they will do knowing the case if pending. To see if they will release the album or not. "So we'll wait and see what happens while we prepare our case for a financial settlement."When I contacted Season of Mist about the matter, still doubtful of its legitimacy, they indicated that this is a real lawsuit and that it will likely end up in court. I'm positive that they're not losing any sleep over it though. I really didn't want to post anything about this and give Collapse or Forward Regression any exposure, but the whole situation was just too odd not to comment on.
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