According to Courthouse News, ex-MACHINE HEAD bassist Adam Duce has filed a lawsuit against his former bandmates alleging trademark infringement, breach of partnership agreement and defamation, among other things.
Duce was fired from MACHINE HEAD on February 11, 2013, a few months prior to the band signing a new deal with Nuclear Blast Entertainment. According to Adam, he was expelled from the group "after he put 21 years of his life into it" so as to allow the other bandmembers to make a bigger profit.
Although MACHINE HEAD formed a general partnership and a corporation under which each member owned 25 percent, the band's guitarist/vocalist, Robert Flynn, got a larger portion of the band's income, Duce claims.
MACHINE HEAD's 2009 tour, which included dates with METALLICA, grossed more than $2 million. A 2012 Europe tour grossed more than $3 million, according to the complaint.
"After receiving very little compensation despite the millions the band was bringing in, plaintiff requested and reviewed the records from the tours. Plaintiff found that [the band's manager, co-defendant Joseph W.] Huston, Flynn, and PFM [Provident Financial Management] had squandered money throughout the trip without consulting plaintiff for the vast majority of 'expenses,'" Duce says in the lawsuit.
"Despite their increase in popularity and touring revenue, [Duce] became concerned with how little income he was receiving, despite the time and hard work put in to developing the band," the complaint states.
"Though he expressed these concerns to Flynn, Huston, and PFM, [Duce] was never satisfied with the answers he received."
The complaint adds: "Despite plaintiff's expressed concerns, he was unable to make enough money to live within his modest means. Because of this, when the band was not touring, plaintiff supplemented his income as a licensed real estate appraiser."
The lawsuit goes on to say: "After [guitarist] Ahrue Luster left the band and was replaced by [Phil] Demmel, MACHINE HEAD continued as a partnership in which all four members — [Duce], Flynn, [drummer Dave] McClain, and now Demmel — held equal 25% shares in MH from approximately late 2002 until February 2013.
"While early on, each of the partners had equal rights in the management and conduct of MH business, Flynn, with the help of Huston, began making unilateral decisions without involving the other partners, essentially usurping control of the partnership.
"Despite the fact that Huston received 10% of the band's gross income, he failed to ensure that the members of the band made even close to his 10% cut."
Duce alleges that Nuclear Blast, Flynn and Huston "wrongfully and intentionally conspired to expel and then did expel [Adam] from the band prior to signing the new record deal in an attempt to preclude [Duce] from enjoying the profits of the new record deal. As a direct, proximate result of these actions, [Duce] has been damaged in an amount to be proven at trial, but in any event in excess of $800,000," the complaint states.
Flynn wrote about Duce's departure in a "diary entry" on MACHINE HEAD's web site by "directly attacking plaintiff's work ethic," Duce says in the complaint.
"Therein, Flynn stated, inter alia, 'We may have fired Adam on 2-11-13, but Adam quit MACHINE HEAD well over a decade ago. He just never bothered to tell anyone ... but we all knew it.' Flynn went on further in the diary entry, continuing to say about plaintiff, 'No matter how un-happy [sic] or fed up he got, quitting the band would be seen as 'losing' or a 'failure.' Truth be told, he was sick of it. Sick of touring, sick of recording, sick of practicing, sick of looking at album artwork, sick of being-on-a-team-but-never-getting-the-ball, sick of yearning-for-the-honeymoon-to-resume when 20 years deep it never does. Sick of never quite hitting the big-time, sick of carving the niche ... sick of caring.'" (Ellipses in complaint.)
Adam claims that Flynn's "diary entry was libelous per se in that in contained untrue statements made to third parties that tended to harm [Duce] in his reputation and occupation." Duce adds that "Flynn published this diary entry without making a reasonable effort to ascertain the truthfulness of its contents." In addition, "Flynn was not privileged to make such statements in the diary entry. As a direct, proximate result of this diary entry, [Duce] has been damaged in an amount to be proven at trial, but in any event in excess of $1,000,000."
TheRockRevival.com's Matt Bishop sat down with MEGADETH mainman Dave Mustaine backstage on the band's "Super Collider" tour to talk about the group's latest album, touring, and what's next for the band in 2014.
Asked what it means that "Super Collider" entered the The Billboard 200 chart at position No. 6, marking MEGADETH's highest chart debut in the U.S. since "Countdown To Extinction" and "Youthanasia", Mustaine said: "It means a lot of different things."
He continued: "People that like the record like the record.
"The public made their statement.
"A lot of people that don't particularly agree with my viewpoint, whether it's spiritually or religiously or politically, they attack our music instead of saying, 'I disagree with what Dave says.'
"We've gotten to the point where people are so vicious in the things that they say. Because they are not very educated and they don't really understand The King's English, they'll say words that are much more heavier than what they really say. Perfect example is when you watch politicans speak; they pick their words very carefully. And they don't have to go overboard and say, like, 'That guy's a fucking asshole.' They can say, 'Well, we question his integrity,' and stuff like that. Or, you know, 'Experience shows that this is the wrong decision to make.' And you can bitch-slap someone pretty good without having to get down and dirty with it.
"The problem is, with critics, it's their job — to criticize things.
"The fans spoke; they like the record.
"Obviously, when you're with a record company, they have songs that they believe in and they pick an order of songs, and all kinds of stuff like that.
"There's a lot of wisdom in watching the way record companies develop bands.
"We're kind of at a point right now where we get to, kind of, do what we know to do, and they trust us with it, which is really cool.
"There was just so much life infused back into the band when we got signed to Universal; just the writing progression… 'Cause when we first got signed, it was, like, 'OK, great! This is really cool.' And we started writing and stuff. And as that record came out and the subsequent touring and all the good that happened with that, the guitar playing started getting a lot more ferocious. Because we weren't really relying on radio anymore, because we're back.
"We're the most popular we've been, I think, since 'Countdown' right now. Record sales don't really correlate popularity, because of piracy and stuff like that. But I honestly believe we're the biggest right now we've been since 'Countdown'. It's a great feeling."
"Super Collider", sold 29,000 copies in the United States in its first week of release to land at position No. 6 on The Billboard 200 chart. "TH1RT3EN" opened with 42,000 units back in November 2011 to enter the chart at No. 11. The band's 2009 CD, "Endgame", premiered with 45,000 copies to debut at No. 9. This was slightly less than the 54,000 first-week tally registered by 2007's "United Abominations", which entered the chart at No. 8. 2004's "The System Has Failed" premiered with 46,000 copies (No. 18) while 2001's "The World Needs A Hero" moved 61,000 units in its first week (No. 16).
Italian heavy rockers LACUNA COIL will release their new studio album, "Broken Crown Halo", in North America on April 1 (one day earlier internationally) via Century Media Records. The CD was recorded Italy by producer Jay Baumgardner (P.O.D., SEVENDUST, EVANESCENCE, PAPA ROACH) and engineer Kyle Hoffmann (P.O.D., BUSH, ZEBRAHEAD). The effort was mastered by Howie Weinberg, whose credits include RAMMSTEIN, SOUNDGARDEN, NIRVANA, DEFTONES and SHERYL CROW.
"Broken Crown Halo" is LACUNA COIL's seventh studio effort, and the highly-anticipated follow-up to "Dark Adrenaline", which was released in January 2012 and saw the band tour with acts including MEGADETH, MOTÖRHEAD, VOLBEAT and SEVENDUST after debuting at No. 15 on The Billboard 200 album chart.
LACUNA COIL will return to the road to introduce North America to "Broken Crown Halo" as part of the Revolver Hottest Chicks In Hard Rock Tour, which launches February 20 and features LACUNA COIL sharing a stage with SICK PUPPIES, Century Media Records labelmates EYES SET TO KILL and CILVER. The tour launches in Wilmington, North Carolina, and runs through March 20 in Anaheim, California. See complete itinerary below, and visit www.hottestchickstour.com for additional details and VIP packages.
LACUNA COIL had this to say about "Broken Crown Halo": "What conflict could run so deep that it takes you to the deepest corners of your inner world?
"Today we are surrounded by a lot of lies, aliases, and people acting like they are wearing an invisible crown — but you better have thick skin if you want to wear this crown!
"'Broken Crown Halo' is a cinematic album that could be the soundtrack of our days — it is a dark vision of a near future when survival is second nature, and failure is not something to be avoided, but rather cultivated with lessons learned along the way.
"We set the bar pretty high with 'Dark Adrenaline' and it hasn't been easy bringing our sound to the next level, but we have lived, learned and grown through a year full of personal issues and changes. We learned to be strong and get stronger, and we felt an inner vibe in this band that we haven't felt before. We locked ourselves in an age-old studio in Milan, Italy, where history was strong and the past met with our future, vintage gear and the influence of classic Italian horror movies and bands like GOBLIN meeting the fresh and rough sounds of the modern world with unique and invigorating results.
"'Broken Crown Halo' is LACUNA COIL introducing a new order, and letting nothing stand in our way..."
Revolver Hottest Chicks In Rock Tour featuring LACUNA COIL with SICK PUPPIES, EYES SET TO KILL and CILVER:
Feb. 20 - Wilmington, NC - Ziggy's By The Sea
Feb. 21 - Atlanta, GA - Masquerade
Feb. 22 - Lexington, KY - Buster's
Feb. 23 - Springfield, VA - Empire
Feb. 24 - New York, NY - Irving Plaza
Feb. 26 - Worcester, MA - Palladium
Feb. 27 - Lancaster, PA - Chameleon Club
Feb. 28 - Columbus, OH - Alrosa Villa
Mar. 01 - Joliet, IL - Mojoe's
Mar. 02 - South Bend, IN - Club Fever
Mar. 05 - Broussard, LA - The Station Live
Mar. 06 - Houston, TX - Scout Bar
Mar. 07 - Austin, TX - Infest
Mar. 08 - Dallas, TX - Gas Monkey
Mar. 10 - Denver, CO - Summit Music Hall
Mar. 12 - Salt Lake City, UT - The Complex
Mar. 14 - Spokane, WA - Knitting Factory
Mar. 15 - Seattle, WA - Studio Seven
Mar. 19 - Los Angeles, CA - House Of Blues
Mar. 20 - Anaheim, CA - House Of Blues