Bosses at energy drinks firm Monster Beverage Corp. have vowed to appeal a court ruling ordering them to pay the Beastie Boys $1.7 million (£1.06 million) for copyright infringement. A jury at Manhattan federal court in New York ruled against the defendants on Friday (06Jun14) after an eight-day trial, during which they admitted to using the band's music, including hits Sabotage and Make Some Noise, in a 2012 online video tribute to late band member Adam 'MCA' Yauch without permission.
Monster Beverage's attorney, Reid Kahn, claimed his clients incorrectly thought they had the authority to use the tracks and urged jurors to award the rappers no more than $125,000 (£78,000), as the Beastie Boys' demands for at least $2 million (£1.2 million) in damages were "contrary to common sense".
He is now planning to challenge the judgement on his clients' behalf.
A statement released following Friday's loss reads: "Although Monster Energy has great respect for the verdict of the jury, we strongly disagree with it. We will make an application to the Court to set aside the verdict and we intend to file an appeal.
"From the inception, Monster Energy has been willing to resolve this matter in a fair and equitable manner and we will continue to make additional efforts to reach a just resolution of this dispute."
Surviving Beastie Boys Michael 'Mike D' Diamond and Adam 'Ad-Rock' Horovitz each took the stand during the trial and insisted they would never have allowed their songs to be used by Monster Beverage Corp. as they had promised their late pal that they would fight any commercial exploitation of the band's music.
The Beastie Boys have been awarded $1.7 million (£1.06 million) in damages for copyright infringement. The hip-hop group's lawyer, Kevin Puvalowski, had been seeking at least $2 million (£1.2 million) in compensation from bosses at Monster Beverage Corp., after they admitted to using the rappers' songs without permission in a 2012 online video tribute to late band member Adam 'MCA' Yauch.
The defendant's attorney, Reid Kahn, claimed his clients incorrectly thought they had the authority to use the music, which included hits Sabotage and Make Some Noise, and on Wednesday (04Jun14) asked jurors at New York's Manhattan federal court to award the band no more than $125,000 (£78,000), as the Beastie Boys' demands were "contrary to common sense".
However, the jurors sided with the legendary rap stars when they delivered their verdict on Thursday (05Jun14).
The decision wrapped up an eight-day trial, during which surviving members Michael 'Mike D' Diamond and Adam 'Ad-Rock' Horovitz took the stand to give evidence and revealed they had promised their late bandmate that they would fight any commercial exploitation of the band's music.
A lawyer representing the Beastie Boys has urged jurors overseeing his clients' copyright infringement trial to award the band at least $2 million (GBP1.2 million) in damages. In his closing arguments on Wednesday (04Jun14), Kevin Puvalowski stated that bosses at Monster Beverage Corp's use of the trio's songs without a license in an online video was "absolutely egregious".
Bandmates Michael 'Mike D' Diamond and Adam 'Ad-Rock' Horovitz, who previously testified in the case, were spectators in the Manhattan courtroom as Puvalowski told jurors Monster bosses had hoped to benefit from how "cool" his clients' had become.
The 2012 video appeared as a tribute to late band member Adam 'MCA' Yauch, but it failed to impress the Beastie Boys, who are very protective of how and where their music is used.
Monster's lawyer Reid Kahn acknowledged his clients had infringed the Beastie Boys' copyrights, but insisted they incorrectly thought they had permission to use the music.
Kahn told the court that the band's demands for damages were "contrary to common sense", and asked jurors to award the band no more than $125,000 (GBP78,000).
The surviving members of the Beastie Boys have vowed not to record new music under the group's name after making a promise to late rapper Adam 'Mca' Yauch before his death in 2012. The hip-hop trio has not released any new material since 2011 album Hot Sauce Committee Part Two, and Michael 'Mike D' Diamond reveals fans won't be hearing anything else from the Beastie Boys now that co-founder Yauch is no longer alive.
He revealed the news during a New York court hearing in the band's ongoing copyright infringement battle against the bosses of Monster Beverage Corp, who stand accused of using five of the band's tracks in a promotional video without permission. During his testimony on Friday (30May14), Diamond admitted he and Adam 'Ad-Rock' Horovitz had made a vow with Yauch to prevent any new music being released without each member's input.
Testifying at Manhattan Federal Court, the Sabotage hitmaker said, "We have not been able to tour since MCA, Adam Yauch, died. We can't make new music." Diamond returned to the witness stand on Monday (02Jun14), when defence lawyer Dana Susman attempted to depict the band as hypocrites after the rapper claimed they had turned down "a lot of money" after producers behind Arnold Schwarzenegger's recent film Sabotage asked them for permission to use their 1994 song of the same name.
Diamond revealed they had rejected the offer because they "weren't fans of Mr. Schwarzenegger's recent... work", but Susman called the rapper out and suggested they had subsequently backtracked as their song was used as the action man's walk on music during a recent appearance on America's The Tonight Show Starring Jimmy Fallon.
Susman alleged the band had received a fee of $600 (£375) in exchange for allowing a snippet of the track to be used, but Diamond insisted he had no knowledge of the deal and claimed any agreement would have been because they are "fans of that show", reports the New York Daily News. The Beastie Boys had previously performed on Fallon's previous programme, Late Night with Jimmy Fallon, prior to Yauch's death.
The Beastie Boys rejected a big money deal to allow the producers of Arnold Schwarzenegger's recent movie Sabotage to use their song of the same name - because they aren't fans of the action star. Michael 'Mike D' Diamond made the revelation in a New York courtroom last week (ends30May14) as he testified in the band's ongoing copyright infringement case against the bosses of Monster Beverage Corp, who stand accused of using five of the hip-hop icons' tracks in a promotional video without their permission.
The promo was posted online days after the 2012 death of founding Beastie Boys star Adam 'MCA' Yauch, who had made it clear in his will that he didn't want his likeness or art used in any advertisements following his passing.
During his testimony at Manhattan Federal Court, the rapper used the Schwarzenegger film offer to demonstrate how picky the group is when it comes to allowing its work to be used for promotional purposes, admitting movie chiefs had offered the stars "a lot of money" to use the 1994 hit on the soundtrack.
He explained, "We felt it was too much of an endorsement, and we weren't fans of Mr. Schwarzenegger's recent... work."
The movie Sabotage bombed at the U.S. box office upon its release in March (14), grossing just $5.3 million (£3.31 million) in its opening weekend, making it the worst debut for a Schwarzenegger film in over 30 years.
Beastie Boys star Adam 'Ad-Rock' Horovitz took the stand in New York on Wednesday (28May14) as the band's copyright infringement case against the bosses of Monster Beverage Corp went to trial. Ad-Rock and bandmate Michael 'Mike D' Diamond filed suit against the company last year (13), claiming executives used five of the hip-hop trio's tracks in a promotional video without permission.
The tribute montage was posted online days after the death of founding Beastie Boys star Adam 'MCA' Yauch, who had made it clear in his will that his likeness or art would not be used in any advertisements.
The Ruckus in the Rockies video debuted at a snowboarding event in Canada and ended with the words "RIP MCA", but the rapper's bandmates were not impressed with the promo and they have sued for $1 million (£625,000) in damages for the song usage and an additional $1 million (£625,000) for "implied endorsement".
Testifying in Manhattan on Wednesday, Ad-Rock gave the court a brief history of his band before answering defence questions.
The trial is expected to last a week.
Beastie Boys star Adam 'Ad-Rock' Horovitz is expected to testify in the band's copyright infringement case against Monster Energy Drink this week (begs26May14). The rapper, Mike Diamond and their bandmate Adam Yauch's widow, Denchen Yauch, filed a suit against the company in 2012, claiming bosses had used a number of songs, including Sabotage and Make Some Noise, in a promotional video at the Ruckus Festival in Canada without permission.
Horovitz is scheduled to appear appear at Thurgood Marshall United States Courthouse in New York City on 27 May (14), when he'll represent the Beastie Boys, who are seeking financial damages of $150,000 (GBP94,000) for each infringement, as well as a permanent injunction.
In their suit, the band's lawyers state, "The public was confused into believing that plaintiffs sponsored, endorsed and are associated with defendant Monster in promoting defendant Monster's productions and promotional events".
The court battle comes just months after the Beastie Boys settled a copyright infringement suit over the use of their song Girls in a viral ad for toy firm GoldieBlox.
Company bosses issued an apology to the group, published in small print at the bottom of their website, admitting they should have contacted the band before deciding to use the song in their advert.
Walt Disney Studios via Everett Collection
Million Dollar Arm takes a lot for granted when it comes to its audience. It assumes that anyone paying to see this film must care about baseball. Odds are it's right — you've got to have some motivating factor beyond Jon Hamm's jawline. But it assumes you care enough that it doesn't matter how little its characters seem to. We see so few instances involving any carnal appreciation for the game throughout the bulk of the picture, least of all from cranky and materialistic sports agent J.B. Bernstein (Hamm), that when the final act treats us to its coup de grâce tearjerkers we can't help but feel like we're being thrown one hell of a curveball.
But that isn't the worst of the film's assumptions. As a last ditch effort to find a ringer both talented and bankable enough to save his career, J.B. throws caution to the wind and high tails it to India on a scouting mission for strong-armed cricket bowlers. So casually racist that you'd think this film takes place long before 2008, J.B. hates everything about cricket (...why?) and India on the whole, submitting immediately to the idea that he's in a third-rate wasteland where nothing can get done, nobody knows anything, and any young boy would be elated to get out of dodge. And Million Dollar Arm has no interest in proving him wrong: The film never second-guesses (and assumes we won't either) the notion that Big Leagues hopefuls Dinesh (Madhur Mittal) and Rinku (Suraj Sharma) would be happier and better off in America. It assumes we won't take any issue with the idea that two boys from India must have never seen an elevator, a television, or a moment of good fortune. Sure, they might not have... but it's as if Million Dollar Arm expects us to believe there is no other option when a wide-eyed Sharma wanders through a Californian hotel like Wall-E exploring the starliner.
Walt Disney Studios via Everett Collection
The film gives itself so much regrettable leeway while carting through the necessary points of its true story, jumping from the laughable inception of J.B.'s plan to move his search overseas to the languid introduction of the two boys (neither of whom is given any backstory) and their entry into the MLB's consideration. But scattered throughout are beats and scenes that seem ripped from a different script entirely — J.B.'s gradual appreciation of Dinesh, Rinku, and much bemoaned translator, documentarian, and aspiring baseball coach Amit (Pitobash Tripathy) as his surrogate family. Of course the vast majority of his emotional realizations come at the behest of his beautiful, kooky tenant Brenda (Lake Bell), but the kids are usually at least nearby.
It's shocking how much the personal material does to salvage Million Dollar Arm, though. J.B.'s relationship with Dinesh, Rinku, and Amit, and — perhaps more importantly — the relationships between Dinesh, Rinku, and Amit themselves are funny, warm, and flavorful enough to give this otherwise faceless movie some real character. Secondary players Bill Paxton and Alan Arkin do little to surprise, playing disgruntled and unconscious respectively, but there's a reason these guys are always called on to do the same thing. And if that's not enough for you, Aasif Mandvi's kids keep throwing up. It plays both like an extended metaphor about the hidden joys in family life and a non sequitur gag from Tomcats. Take your pick.
Million Dollar Arm's charming points are strong enough to distract at times from its boisterous misgivings, but they peer through in the end. Not every baseball movie needs hair-tustling and eye-welling. Not every baseball movie warrants a Pride of the Yankees elegy about the glories of the diamond. But Million Dollar Arm wishes it was one of these movies (so much so that it actually rips the Lou Gehrig speech right out of Gary Cooper's mouth). Still, instead of building a story about the love of baseball or even about the magic of this story, Million Dollar Arm keeps all its genuine energy on a bunt: the story of some jackass who warms up to a couple of kids after a while. Not a bad play, but hardly the grand slam it was going for.
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Beastie Boys star Mike Diamond introduced the Brooklyn Nets starting line-up before the team's home play-off game with the Miami Heat on Monday night (12May14). He joined Jay Z and Beyonce, among other celebrities, at the game, which the Nets lost.
Actress Haylie Duff is engaged to boyfriend Matt Rosenberg. The Napoleon Dynamite star announced the happy news on her food blog, The Real Girl's Kitchen, on Thursday (03Apr14), sharing photos of herself and her future husband while sporting a sparkling diamond on her ring finger.
She wrote, "Matt just took me by total surprise and proposed... on April Fools Day (01Apr14) of all days! The moment was genuine and sweet (like him!) and I couldn't wait to say yes!
"We are so excited and happy to share our wonderful news with everyone! We both feel so blessed to have the love and support of our family and friends and can’t wait to start this new adventure! Love, The Future Mrs. Rosenberg."
The news comes the same day as bosses at America's Cooking Channel announced plans to put Duff on TV as a top chef. Haylie Duff's Real Girl's Kitchen will be based on her popular food blog, and is set to premiere in June (14).
Duff previously dated actor Nick Zano for three years before their breakup in 2011.
As she makes wedding plans, her younger sister, Hilary, is working her way through divorce papers after splitting from her husband Mike Comrie in January (14) after three years of marriage.