Follow @PoliticsIE
 
 
 
Results 1 to 3 of 3

Thread: Irish Govt to appear in US federal court case

  1. #1
    Politics.ie Newbie
    Join Date
    Jun 2009
    Posts
    32
    Mentioned
    0 Post(s)

    Default Irish Govt to appear in US federal court case

    The “Irish government” has been cited to give evidence as a witness in a forthcoming federal court case in the USA. Downloading (Sindo today) is merely a diversionary tactic, with Hot Press in particular refusing an Eamonn McCann article on FF theft of copyright - the only McCann article they ever turned down;


    RFCExpress - Melanie O'Reilly v. Valley Entertainment, Inc. et al

    For some years now, the works of dozens of Irish musicians has been sold, mainly through WalMart in the US. The total royalties stolen is in the tens of millions, as attested by Soundscan, and possibly more. Most of the musicians have received no royalties; these instead are being given to companies that were struck off as long as 13 years ago. Appleby has refused to act. Here is an account of what has happened;








    Sequence: 1. Late 1980's/ early '90's.Shay Hennessy is fired as head of
    K-Tel Ireland. His
    company Crashed Music Ltd is struck off, despite his prominence as Fianna
    Fail appointee to many
    State boards over 30 years to date. The Taxing master later pronounces a
    judgement of 100,000 pounds
    against him after his unsuccessful appeal to the EAT.

    2. Early 1990's : Oliver Sweeney sets up CBM Ltd. and later its publishing
    arm
    Dog Music Ltd. He signs
    a multitude of artists to CBM Ltd., including Sean Keane, Cran,Barry Ronan,
    Draoichtand
    Melanie O'Reilly. Melanie does not sign a publishing deal, and signs
    only heads
    of agreement for one
    CD recording, as Sweeney himself admits in writing.

    3. Mid-1990's : Hennessy claims copyright on Melanie's
    compositions at MCPS London through the trader name Crashed Music.
    The Gardai are later sent a file of some of these spurious claims,
    anonymously, though MCPS is
    itself a possible source.

    4. Dec. 1996: CBM Ltd is struck off just as a High Court case taken
    against it by Sean Keane is
    about to proceed. CBM Ltd. trades openly after dissolution, until 1998 at
    least. Files are sent
    to Dept. of Ent. Trade & Employment proving this. Paul Vickers, Harney's
    secretary writes to
    Melanie stating the precise documentation required for a prosecution. When
    this is supplied, Dete
    phones to say that prosecution of CBM Ltd and record services can take
    place. Other companies are
    also implicated. No prosecutions have occurred 6 years later.
    Other complaints were lodged at that time concerning Dog and Ecellent Ltd.

    5. Record Services Ltd. , struck off in 2000, continues to trade openly,
    even after losing
    lawsuits and after complaints to DETE. Paul Mc Guinness is listed as one of
    the Directors.


    6. IMRO gets the unambiguous right to collect for broadcast music in bars
    and arts centres in
    1996.

    7. Hennessey becomes Chair of IMRO in 1997.

    8. Musicians transferring their works to IMRO from the British PRS in the
    1990's find
    miscellaneous
    publishers like Dog Music Ltd , Crashed Music Ltd. and Gael Linn Teoranta
    illegally associated
    with them.

    9. Melanie O'Reilly finding the same illegal transfer of her copyright,
    goes through the MCPS/PRS
    Alliance duplicate claims procedure, a procedure accepted by IMRO.

    10. Dog Music publishing Ltd. who claim Melanie's/Nuala Ni Dhomhnaill/David
    Milligan's
    works on Melanie's
    album "Tir Na Mara", are written to: -C/O Crashed Music -their common
    address. Neither reply and
    copyright is returned to Melanie, Nuala, and David in 2001.
    Dog Music publishing Ltd. Have already been dissolved
    Mysteriously, Hennessy's illegal claims are done t/a Crashed Music, versus
    using his company Crashed Ltd. However, only Crashed Ltd, which was
    reinstated under the auspices of then Minister Bertie Ahern in 1992 is
    registered to trade as Crashed Music.

    11. Matheson Ormbsby Prentice, acting on behalf of IMRO, vociferously
    deny Hennessey has any
    beneficial interest in Melanie's works other than the slight amount
    associated with Dog Music Ltd.
    This is untrue, as proven later in written correspondence from MCPS.
    MCPS do not pay Melanie at any stage until threat of legal action in 2006.

    12. 2003: MCPS in correspondence with Melanie, mediated by the British
    Musicians Union,
    categorically state that contrary to MOPS repeated objections, Hennessey's
    Crashed Music had
    actually claimed Melanie's works. The 250,000 euros, or so , due to
    Melanie for the illegal
    licensing of her works as well as the 60,000 euros of legal fees and
    considerable damages, are
    therefore due to Melanie.

    13. 2000: Melanie, along with other musicians, Maurice Lennon, and Donal
    Lunny make detailed
    statements to the Gardai about copyright fraud involving Dog Music, Crashed
    and Gael Linn. Melanie
    finds her compositions and recordings on 8 compilations for which she has
    not given permission.
    Sales figures indicate total units of at least one million.

    14. Garda Mulvey is taken off the case, but Dail questions ensure a smooth
    handover to Garda
    Mooney. Mooney and Mulvey see preliminary evidence of massive fraud at IMRO,
    with bogus song
    titles being created, and attributed to musicians without their knowledge,
    as well as the theft
    already outlined.

    15. 2001-2002: Mulvey and Mooney interview all parties concerned in Ireland
    and Britain, and find
    that all Melanie's, Donal's and Maurice's stories ring true. Mulvey himself
    buys one of the
    bootleg Cds in Ireland.
    16. 1998: Hennessey signs a deal with Labhras O Murchu agreeing that IMRO
    can issue a license
    for Irish music. As much Irish music is not registered with IMRO, and much
    else is public
    domain, this is illegal.
    While signing, O Murchu denies doing so in the Seanad (see
    beyondthecommons.org). Around the same
    time Hennessey is made a Peace commissioner

    17. The Gardai submit a detailed 120 page file to the DPP who sits on it
    for almost 2 years. In
    mid 2003,
    an article appears in the Sunday Independent saying that the DPP declines to
    prosecute according
    to
    "sources close to the investigation". The Sunday Independent admits IMRO is
    the source.

    18. The Gardai, whose first knowledge of the DPP's decision is the Sunday
    Independent, are
    informed
    of it officially 2 weeks later. The DPP, acting outside his remit,
    recommends civil action against
    Hennessey and Sweeney.
    However, more evidence has since arrived for the DPP's consideration.

    19. 2004: Mistletoe Music LLC is reliably informed that Hennessey, back on
    the board of IMRO
    after a short absence, is working with Gael-Linn, a former employer of
    Oliver Sweeney.

    20. 2004-2005: The Arts Council of Ireland criticises the IMRO -Murchu
    deal. Una Bhean Murchu
    resigns from the traditional committee chaired by Philip King,issues a
    minority report from that
    committee, and a wholesale campaign contra the Arts Council begins. Una's
    Cashel "Bru Boru" centre
    has been the major beneficiary of the IMRO deal.

    21.Summer 2006; Melanie O'Reilly and Sean O Nuallain meet with Paul Appleby
    for two hours, handing him numerous documents that got mislaid on their
    passage from dete to him. Appleby promises High court action within two
    months.

    22.November 2006; Mistletoe music llc receives documents showing that
    Hennessy's claim on Melanie's material antedated her legal claim. This is
    in contradiction to what both MCPS and IMRO are contending, and MCPS is
    reminded of this.

    23Dec 2006; following a prolonged silence from Appleby, he confirms that
    there is unlikely to be any prosecution after all.

    24. Accounts finally arrive from MCPS, showing that, nearly 7 years after
    the original complaint against them, both Dog and Excellent are still
    trading as limited companies. 11 years after being recorded, Melanie's
    compositions are still making 100 sterling or so a week.

    25. June 2007; Melanie meets Minister Eamon Ryan, who agrees that her constitutional rights have been violated, and undertakes to contact Appleby

    26. August 2007; Appleby writes to rescind his undertaking to proceed with High court action.

    Update Feb 27 2008

    1. Initial contract whereby the work of up to 50 Irish musicians was pirated is obtained
    2. Appleby et al continue to refuse to act

    February 2009

    There has still been no enforcement of any of the relevant legislation. In the meantime, for similar reasons as for the failure of the Irish music industry, the Irish banking sector collapses.

    May 2009

    Through his British solicitors, Clinton, Hennessey sues O'Nuallain in an attempt to get the content removed. After consulting with our New york lawyer dealing with the case, who points out that truth is the best defense against libel, the site is left as is with only the letter from MCPS acknowledging the defeat of Hennessey's copyright claims added. Clintons are referred to our lawyer in Britain, and discouraged from continuing the long-standing British tendency of interfering in Irish affairs. They are reminded that they have no jurisdiction in Ireland, which like the USA, fought a successful revolutionary war against Britain


    August 2009

    Federal case listed. Valley claim that the “Irish government” allowed dissolved companies to trade, violate copyright. Paul Appleby and the DPP's office are confronted about this.
    Last edited by pangur1; 27th September 2009 at 06:25 AM.

  2. #2
    Politics.ie Newbie
    Join Date
    Jun 2009
    Posts
    32
    Mentioned
    0 Post(s)

    Default

    I can't help pointing out that Appleby has showed his true colours again;


    Anglo Irish Bank withholds files from fraud investigators | BreakingNews.ie

    The Us govt may well start questioning all Irish companies' right to trade after this

    Quote Originally Posted by pangur1 View Post
    The “Irish government” has been cited to give evidence as a witness in a forthcoming federal court case in the USA. Downloading (Sindo today) is merely a diversionary tactic, with Hot Press in particular refusing an Eamonn McCann article on FF theft of copyright - the only McCann article they ever turned down;


    RFCExpress - Melanie O'Reilly v. Valley Entertainment, Inc. et al

    For some years now, the works of dozens of Irish musicians has been sold, mainly through WalMart in the US. The total royalties stolen is in the tens of millions, as attested by Soundscan, and possibly more. Most of the musicians have received no royalties; these instead are being given to companies that were struck off as long as 13 years ago. Appleby has refused to act. Here is an account of what has happened;








    Sequence: 1. Late 1980's/ early '90's.Shay Hennessy is fired as head of
    K-Tel Ireland. His
    company Crashed Music Ltd is struck off, despite his prominence as Fianna
    Fail appointee to many
    State boards over 30 years to date. The Taxing master later pronounces a
    judgement of 100,000 pounds
    against him after his unsuccessful appeal to the EAT.

    2. Early 1990's : Oliver Sweeney sets up CBM Ltd. and later its publishing
    arm
    Dog Music Ltd. He signs
    a multitude of artists to CBM Ltd., including Sean Keane, Cran,Barry Ronan,
    Draoichtand
    Melanie O'Reilly. Melanie does not sign a publishing deal, and signs
    only heads
    of agreement for one
    CD recording, as Sweeney himself admits in writing.

    3. Mid-1990's : Hennessy claims copyright on Melanie's
    compositions at MCPS London through the trader name Crashed Music.
    The Gardai are later sent a file of some of these spurious claims,
    anonymously, though MCPS is
    itself a possible source.

    4. Dec. 1996: CBM Ltd is struck off just as a High Court case taken
    against it by Sean Keane is
    about to proceed. CBM Ltd. trades openly after dissolution, until 1998 at
    least. Files are sent
    to Dept. of Ent. Trade & Employment proving this. Paul Vickers, Harney's
    secretary writes to
    Melanie stating the precise documentation required for a prosecution. When
    this is supplied, Dete
    phones to say that prosecution of CBM Ltd and record services can take
    place. Other companies are
    also implicated. No prosecutions have occurred 6 years later.
    Other complaints were lodged at that time concerning Dog and Ecellent Ltd.

    5. Record Services Ltd. , struck off in 2000, continues to trade openly,
    even after losing
    lawsuits and after complaints to DETE. Paul Mc Guinness is listed as one of
    the Directors.


    6. IMRO gets the unambiguous right to collect for broadcast music in bars
    and arts centres in
    1996.

    7. Hennessey becomes Chair of IMRO in 1997.

    8. Musicians transferring their works to IMRO from the British PRS in the
    1990's find
    miscellaneous
    publishers like Dog Music Ltd , Crashed Music Ltd. and Gael Linn Teoranta
    illegally associated
    with them.

    9. Melanie O'Reilly finding the same illegal transfer of her copyright,
    goes through the MCPS/PRS
    Alliance duplicate claims procedure, a procedure accepted by IMRO.

    10. Dog Music publishing Ltd. who claim Melanie's/Nuala Ni Dhomhnaill/David
    Milligan's
    works on Melanie's
    album "Tir Na Mara", are written to: -C/O Crashed Music -their common
    address. Neither reply and
    copyright is returned to Melanie, Nuala, and David in 2001.
    Dog Music publishing Ltd. Have already been dissolved
    Mysteriously, Hennessy's illegal claims are done t/a Crashed Music, versus
    using his company Crashed Ltd. However, only Crashed Ltd, which was
    reinstated under the auspices of then Minister Bertie Ahern in 1992 is
    registered to trade as Crashed Music.

    11. Matheson Ormbsby Prentice, acting on behalf of IMRO, vociferously
    deny Hennessey has any
    beneficial interest in Melanie's works other than the slight amount
    associated with Dog Music Ltd.
    This is untrue, as proven later in written correspondence from MCPS.
    MCPS do not pay Melanie at any stage until threat of legal action in 2006.

    12. 2003: MCPS in correspondence with Melanie, mediated by the British
    Musicians Union,
    categorically state that contrary to MOPS repeated objections, Hennessey's
    Crashed Music had
    actually claimed Melanie's works. The 250,000 euros, or so , due to
    Melanie for the illegal
    licensing of her works as well as the 60,000 euros of legal fees and
    considerable damages, are
    therefore due to Melanie.

    13. 2000: Melanie, along with other musicians, Maurice Lennon, and Donal
    Lunny make detailed
    statements to the Gardai about copyright fraud involving Dog Music, Crashed
    and Gael Linn. Melanie
    finds her compositions and recordings on 8 compilations for which she has
    not given permission.
    Sales figures indicate total units of at least one million.

    14. Garda Mulvey is taken off the case, but Dail questions ensure a smooth
    handover to Garda
    Mooney. Mooney and Mulvey see preliminary evidence of massive fraud at IMRO,
    with bogus song
    titles being created, and attributed to musicians without their knowledge,
    as well as the theft
    already outlined.

    15. 2001-2002: Mulvey and Mooney interview all parties concerned in Ireland
    and Britain, and find
    that all Melanie's, Donal's and Maurice's stories ring true. Mulvey himself
    buys one of the
    bootleg Cds in Ireland.
    16. 1998: Hennessey signs a deal with Labhras O Murchu agreeing that IMRO
    can issue a license
    for Irish music. As much Irish music is not registered with IMRO, and much
    else is public
    domain, this is illegal.
    While signing, O Murchu denies doing so in the Seanad (see
    beyondthecommons.org). Around the same
    time Hennessey is made a Peace commissioner

    17. The Gardai submit a detailed 120 page file to the DPP who sits on it
    for almost 2 years. In
    mid 2003,
    an article appears in the Sunday Independent saying that the DPP declines to
    prosecute according
    to
    "sources close to the investigation". The Sunday Independent admits IMRO is
    the source.

    18. The Gardai, whose first knowledge of the DPP's decision is the Sunday
    Independent, are
    informed
    of it officially 2 weeks later. The DPP, acting outside his remit,
    recommends civil action against
    Hennessey and Sweeney.
    However, more evidence has since arrived for the DPP's consideration.

    19. 2004: Mistletoe Music LLC is reliably informed that Hennessey, back on
    the board of IMRO
    after a short absence, is working with Gael-Linn, a former employer of
    Oliver Sweeney.

    20. 2004-2005: The Arts Council of Ireland criticises the IMRO -Murchu
    deal. Una Bhean Murchu
    resigns from the traditional committee chaired by Philip King,issues a
    minority report from that
    committee, and a wholesale campaign contra the Arts Council begins. Una's
    Cashel "Bru Boru" centre
    has been the major beneficiary of the IMRO deal.

    21.Summer 2006; Melanie O'Reilly and Sean O Nuallain meet with Paul Appleby
    for two hours, handing him numerous documents that got mislaid on their
    passage from dete to him. Appleby promises High court action within two
    months.

    22.November 2006; Mistletoe music llc receives documents showing that
    Hennessy's claim on Melanie's material antedated her legal claim. This is
    in contradiction to what both MCPS and IMRO are contending, and MCPS is
    reminded of this.

    23Dec 2006; following a prolonged silence from Appleby, he confirms that
    there is unlikely to be any prosecution after all.

    24. Accounts finally arrive from MCPS, showing that, nearly 7 years after
    the original complaint against them, both Dog and Excellent are still
    trading as limited companies. 11 years after being recorded, Melanie's
    compositions are still making 100 sterling or so a week.

    25. June 2007; Melanie meets Minister Eamon Ryan, who agrees that her constitutional rights have been violated, and undertakes to contact Appleby

    26. August 2007; Appleby writes to rescind his undertaking to proceed with High court action.

    Update Feb 27 2008

    1. Initial contract whereby the work of up to 50 Irish musicians was pirated is obtained
    2. Appleby et al continue to refuse to act

    February 2009

    There has still been no enforcement of any of the relevant legislation. In the meantime, for similar reasons as for the failure of the Irish music industry, the Irish banking sector collapses.

    May 2009

    Through his British solicitors, Clinton, Hennessey sues O'Nuallain in an attempt to get the content removed. After consulting with our New york lawyer dealing with the case, who points out that truth is the best defense against libel, the site is left as is with only the letter from MCPS acknowledging the defeat of Hennessey's copyright claims added. Clintons are referred to our lawyer in Britain, and discouraged from continuing the long-standing British tendency of interfering in Irish affairs. They are reminded that they have no jurisdiction in Ireland, which like the USA, fought a successful revolutionary war against Britain


    August 2009

    Federal case listed. Valley claim that the “Irish government” allowed dissolved companies to trade, violate copyright. Paul Appleby and the DPP's office are confronted about this.

  3. #3
    Politics.ie Member
    Join Date
    Nov 2010
    Location
    California and Dublin, Ireland
    Posts
    213
    Mentioned
    0 Post(s)

    Default

    Melanie's case was resolved in her favour last month;



    http://docs.justia.com/cases/federal...28656/68/0.pdf

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •