SUPERIOR COURT OF WASHINGTON FOR KING COUNTY GEOFF
Transcription
SUPERIOR COURT OF WASHINGTON FOR KING COUNTY GEOFF
FILED 12 JUL 25 AM 11:07 THE HONORABLE CAROL A. SCHAPIRA 1 KING COUNTY NOTED WITHOUT ORAL ARGUMENT SUPERIOR ON JULYCOURT 27, 2012 CLERK 2 E-FILED CASE NUMBER: 12-2-21829-3 SEA 3 4 5 6 7 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 8 9 GEOFF TATE and SUSAN TATE, a married couple 10 11 12 13 14 15 16 17 Plaintiffs, v. No: 12-2-21829-3 SEA DECLARATION OF COUNSEL, THOMAS T. OSINSKI JR. EDDIE JACKSON and TERESA GOLDEN-JACKSON, a married couple; SCOTT ROCKENFIELD and MISTY ROCKENFIELD, a married couple; MICHAEL WILTON and KERRIE LYNN WILTON, a married couple; TRI-RYCHE, CORPORATION, a Washington corporation; QUEENSRYCHE MERCHANDISING, INC., a Washington corporation; and MELODISC LTD., a Washington corporation. 18 Defendants. 19 20 21 22 23 24 I, Thomas T. Osinski Jr., attorney for the above named Defendants, declare as follows: I am the counsel of record for the Defendants in this action. Individual Defendants Eddie Jackson, Scott Rockenfield and Michael Wilton hired current Defense Counsel to advise and represent them of their legal rights visa vis Queensryche and its 25 DECLARATION OF COUNSEL, THOMAS T. OSINSKI JR. - 1 of 3 Osinski Law Offices, P.L.L.C. 535 Dock St. Suite 108, Tacoma, Washington 98402 Tel (253) 383-4433 | Fax (253) 572-2223 | [email protected] 1 entities. They constitute three of four directors and seventy-five percent (75%) of the 2 shareholders of the Queensryche corporations. Plaintiff Geoff Tate is one of four directors and 3 twenty-five percent (25%) of the shareholders in said entities. As all sides admit that the Tri- 4 Ryche Shareholders Agreement has expired, the corporations are governed by majority rule, 5 with all operational authority vested in the directors. Upon the acceleration of the current 6 conflict, Eddie Jackson, Scott Rockenfield and Michael Wilton formed an executive committee 7 to carry out business operations quickly and flexibly without having to call formal meetings 8 with three days lead time. This is allowed by the articles and bylaws. 9 When negotiations for a separation from Geoff Tate failed and this suit commenced, 10 Plaintiffs named all Queensryche entities along with the three individual Defendants. See 11 Complaint. Defense Counsel entered an appearance on behalf of all Defendants, both 12 individual and corporate, in order to avoid any claim of default. See Declaration of Counsel 13 Thomas T. Osinski. Plaintiffs also sought a preliminary injunction against the individual 14 Defendants over the use of the Queensryche name that was not well taken. See id. 15 Since the defeat of the preliminary injunction, Plaintiff Geoff Tate has continued to 16 interfere with Defendants’ forward progress to tour under the Queensryche name. See id. 17 This includes refusal to relinquish control of Queensryche.com and other Internet and social 18 media accounts, challenging the Defendants from taking control from the registering entity of 19 Queensryche.com, and announcing to the national press through a surrogate of Mr. Tate’s 20 “encouragement by the judge” to tour as his own Queensryche. See id. Mr. Tate has also 21 announced on his website his apparent intention to release an album this fall under the 22 moniker “Voice of Queensryche” and utilizing a stylized version of the Queensryche entity 23 owned Tri-Ryche symbol. There is no authority in the articles or bylaws of Tri-Ryche 24 Corporation allowing a minority shareholder to use these corporate assets without 25 authorization from the directors. All parties expressly agree as stated in prior pleadings and DECLARATION OF COUNSEL, THOMAS T. OSINSKI JR. - 2 of 3 Osinski Law Offices, P.L.L.C. 535 Dock St. Suite 108, Tacoma, Washington 98402 Tel (253) 383-4433 | Fax (253) 572-2223 | [email protected] 1 submissions that the name Queensryche and associated marks belong to the Tri-Ryche 2 Corporation. 3 4 5 6 7 8 9 10 11 Attached is to this declaration are true and correct copies of the following documents as exhibits: Exhibit 1: copy of the articles and bylaws of Tri-Ryche Corporation which controls all Queenryche name and trademark rights. Exhibit 2: letter sent July 18, 2012, by Plaintiffs’ counsel to Network Solutions, the Registrar of Queensryche.com. Exhibit 3: e-mail from Network Solutions on July 25, 2012 deny transfer due to Tate objection. Exhibit 4: copy of an article appearing on Billboard.com which includes a quote by 12 Paul Gargano, professional associate of Mr. Tate, and Declarant in this matter, purporting to 13 explain the outcome of the preliminary injunction hearing. 14 Exhibit 5: screenshot from Geoff Tate.com wherein he refers to his new album utilizing 15 the moniker “Voice of Queensryche” and a stylized version of Queensryche’s Tri-Ryche 16 symbol. 17 SIGNED this 25th day of July, 2012, at Tacoma, Washington, in Pierce County. 18 OSINSKI LAW OFFICES P.L.L.C. 19 20 21 Thomas T. Osinski, Jr., Esq. Attorney for Defendants WSBA #34154 22 23 24 25 DECLARATION OF COUNSEL, THOMAS T. OSINSKI JR. - 3 of 3 Osinski Law Offices, P.L.L.C. 535 Dock St. Suite 108, Tacoma, Washington 98402 Tel (253) 383-4433 | Fax (253) 572-2223 | [email protected] Thomas Osinski From: Sent: To: Cc: Subject: Scherezada Hernandez [[email protected]] Wednesday, July 25, 2012 10:47 AM Scott Rockenfield Thomas Osinski Network Solutions Regarding the QUEENSRYCHE.COM Importance: High Dear Scott Rockenfield, Thank you for submitting the requested documentation. I do apologize, I did attempt to contact you by telephone, but was unable to reach you. The review has been completed on the documentation provided by both parties and I regret to inform you that Network Solutions is unable to accommodate your request to complete the request to change the Primary Contact for QUEENSRYCHE.COM. Any dispute between you and the other party must be resolved outside of Network Solutions. If you obtain a court order that clearly orders Network Solutions to take a specific action, we will certainly comply. Below are some alternative options that you may be able to use to possibly obtain the domain: 1. Wait until the expiration date and attempt register the domain name when it is deleted for non-payment. Note, the domain name will delete and become available to the general public on a "first come, first serve" basis. You may, therefore, either continue to check our site for the availability of the domain name or place a backorder with www.namejet.com (Please note: this is not a guaranteed service) or, contact the listed Registrant directly and discuss the possibility of executing a Registrant name change. 2. Place a Certified Offer for the domain name at https://www.certifiedofferservice.com. 3. Register an alternate spelling. 4. File a civil action against the Registrant. Should you choose this option, please forward a file stamped copy of the complaint to Network Solutions at: 703-668-5959. 5. File a UDRP complaint. The URL for details on the policy and rules for filing are located at: http://www.icann.org/dndr/udrp/approved-providers.htm. If you have any questions regarding this matter, I can be reached at 570-708-8608 Ext 9615. My office is available Monday through Friday 830 AM - 5 PM Eastern Time. For all other inquiries, as a Network Solutions Customer, you are entitled to unlimited access, day or night, to technically skilled Customer Service Representatives who are dedicated to delivering any level of support you may need. To reach us, call 1-888-642-9675. If you are calling from outside the U.S. or Canada, please call 1-570-7088788. You may also submit your request online at http://www.networksolutions.com/help/email.jsp. Regards, Sheri H. Quality Processing Specialist Network Solutions, a Web.com service 13861 Sunrise Valley Dr, Suite 400 | Herndon, VA 20171 Office(570)708-8608 ext 9615 1 2 Everybody Listening: Queensryche-Tate Lawsuit Sets Web Ablaze | Billb... 1 of 4 Subscribe Site Feedback http://www.billboard.com/news/everybody-listening-queensryche-tate-la... Follow Join Billboard Log In Find artists and music Everybody Listening: Queensryche-Tate Lawsuit Sets Web Ablaze Previous Article Skrillex Hits No. 1 on Social 50 Chart Next Article Deer Tick Bringing Jackson Browne & More... by Christa Titus, N.Y. | July 20, 2012 11:35 EDT Page 1 2 3 Comments 0 More Myriam Santos Artists in this Article Queensrÿche Geoff Tate Related Articles Exclusive: Queensryche Parts Ways With Geoff Tate Rock band Queensryche is continuing forward without vocalist Geoff Tate, who will be replaced by Crimson Glory singer Todd La Torre, Billboard has exclusively learned. Singer Geoff Tate predicted in June that a lawsuit he'd filed against three ex-bandmates in Queensryche would probably get ugly. Barely a month later, his words couldn't ring any more true. Although the dust has settled for now, from July 10-15, legal documents that members of rock band Queensryche filed in response to Tate's complaint that he was illegally fired were posted to rock/metal blogs, sparking hundreds of comments on the music news sites and band-related Facebook pages. The paperwork filed by drummer Scott Rockenfield, guitarist Michael Wilton and bassist Eddie Jackson -- which is public record -- contains such allegations as violence, inept business practices and creative obstruction. Documents filed by the plaintiffs also came to light. They rocked the Internet not just because of their content, but because the Grammy Award-nominated band, except for a few months ago, arguably hasn't been under this much media scrutiny since the sudden 1997 departure of songwriter/guitarist Chris DeGarmo. Q&A: Ex-Queensryche Frontman Geoff Tate Discusses Split 7/24/2012 10:26 PM Everybody Listening: Queensryche-Tate Lawsuit Sets Web Ablaze | Billb... 2 of 4 Geoff Tate Signs Solo Deal: Former Queensryche Singer Eyes Fall Album Geoff Tate, who parted ways with his longtime band Queensryche this month, announced that he has signed a multi-album, worldwide solo recording deal with InsideOut Music. Q&A: Ex-Queensryche Frontman Geoff Tate Discusses Split These days, there is nothing silent about the lucidity of ex-Queesryche frontman Geoff Tate regarding his feelings about his former bandmates. Queensryche May Continue With Band Name, for Now Queensryche defeated a motion for a preliminary injunction on July 13 that would have kept it from touring and operating under the band name http://www.billboard.com/news/everybody-listening-queensryche-tate-la... Tate and his wife, Susan, Queensryche's former manager, filed suit June 22 in Washington state's King County Superior Court. Their complaint states Rockenfield, Wilton and Jackson wrongfully fired Tate and are tarnishing the group's brand by attempting to move forward without him. The Tates had requested a preliminary injunction to prevent the trio from operating as Queensryche until the lawsuit was settled. AGPS Management senior manager Glen Parrish exclusively broke the news to Billboard on July 16 that Superior Court Judge Carol A. Schapira denied the request. He said in a statement, "We are excited that the Washington courts saw what we and the fans have always known, that Queensryche is more than any one member. We are sorry we had to go to court to show this, but we are determined to bring back the quality product Queensryche was known for. We can't wait to unveil to the fans what [the band creates] next musically." Parrish also confirmed that Queensryche is now signed with AGPS Management/Front Line Management Group for representation. As a division of Live Nation Entertainment, Front Line counts Aerosmith, Creed and the Eagles among its clients. Exclusive: Queensryche Parts Ways With Geoff Tate Paul Gargano, A&R/product manager for InsideOut Music and Century Media Records in North America, had signed a declaration (which was posted to Blabbermouth.net on July 14) in favor of the preliminary injunction being granted until litigation ceases. InsideOut announced June 25 that Tate had signed a solo deal with the label. According to Tate's declaration in support of the injuction, Queensryche is no longer on Roadrunner Records, which released its last album, 2011's "Dedicated to Chaos." NEWS Boy George Covers Lana Del Rey's 'Video Games': Watch NEWS Willie Nelson on Board For Railroad Revival Tour NEWS Elton John Calls for 'Compassion' at AIDS Conference NEWS Harry Shearer Enlists Jane Lynch, Dr. John on New Album THE JUICE B.o.B Keeps Crowd in the 'Clouds' at NYC Secret Show SEE ALL STORIES Connect with Asked if he wanted to elaborate on his declaration, Gargano wrote in an email to Billboard, "I would like to clarify something extremely important that is being overlooked by everyone, including Billboard: The injunction did not just prevent the three defendants from touring as Queensryche until the claim is settled-it prevented both parties from touring as Queensryche until the claim is settled. This is critical, because the intention of the injunction -- as well as my declaration -- was not to prevent Scott, Michael and Eddie from making a living. The intention of both was to protect the future value of the Queensryche brand by eliminating the possibility of there being multiple versions of Queensryche. Not only did the judge deny the injunction on Friday, she also urged and encouraged that there should be two Queensryche bands moving forward -- which is precisely what the injunction was intended to avoid." NEXT PAGE: A CRUMBLING EMPIRE You May Like by Taboola And Culture : Travel 7/24/2012 10:26 PM Everybody Listening: Queensryche-Tate Lawsuit Sets Web Ablaze | Billb... 1 of 4 Subscribe Site Feedback http://www.billboard.com/news/everybody-listening-queensryche-tate-la... Follow Join Billboard Log In Billboard.com Find artists and music Everybody Listening: Queensryche-Tate Lawsuit Sets Web Ablaze Previous Article Skrillex Hits No. 1 on Social 50 Chart Next Article Deer Tick Bringing Jackson Browne & More... by Christa Titus, N.Y. | July 20, 2012 11:35 EDT Page 1 2 3 NEWS Boy George Covers Lana Del Rey's 'Video Games': Watch NEWS Willie Nelson on Board For Railroad Revival Tour NEWS Elton John Calls for 'Compassion' at AIDS Conference Myriam Santos NEWS Harry Shearer Enlists Jane Lynch, Dr. John on New Album Artists in this Article Crumbling Empire Queensrÿche Geoff Tate Related Articles Exclusive: Queensryche Parts Ways With Geoff Tate Rock band Queensryche is continuing forward without vocalist Geoff Tate, who will be replaced by Crimson Glory singer Todd La Torre, Billboard has exclusively learned. According to a Queensryche statement Billboard referenced when breaking the news of Tate's departure on June 20, the band has sold 30 million album copies worldwide since forming in 1981. Its best-selling album in the United States is "Empire," which is certified three-times platinum, and contains the Grammy Award-nominated top 10 hit "Silent Lucidity." The quintet is best-known for its 1988 breakthrough concept album "Operation: Mindcrime." THE JUICE B.o.B Keeps Crowd in the 'Clouds' at NYC Secret Show SEE ALL STORIES Connect with The reason for Tate's departure, attributed to a quote from Rockenfield, was "growing creative differences" during the past few months. Crimson Glory singer Todd La Torre was named as his replacement. The news came after weeks of speculation that began with rumors of a then-unconfirmed physical altercation that occurred among Tate, Rockenfield and Wilton before showtime at an April 14 concert in Sao Paulo, Brazil. 7/24/2012 10:27 PM Everybody Listening: Queensryche-Tate Lawsuit Sets Web Ablaze | Billb... 2 of 4 http://www.billboard.com/news/everybody-listening-queensryche-tate-la... Geoff Tate Signs Solo Deal: Former Queensryche Singer Eyes Fall Album Geoff Tate, who parted ways with his longtime band Queensryche this month, announced that he has signed a multi-album, worldwide solo recording deal with InsideOut Music. Q&A: Ex-Queensryche Frontman Geoff Tate Discusses Split These days, there is nothing silent about the lucidity of ex-Queesryche frontman Geoff Tate regarding his feelings about his former bandmates. Queensryche May Continue With Band Name, for Now Todd La Torre, center, in a newly released photo of Queensryche. (Photo: Mike Savoia) Queensryche defeated a motion for a preliminary injunction on July 13 that would have kept it from touring and operating under the band name Rolling Stone published a sit-down with Tate on June 26, where he gave his side of the story. He also spoke to Billboard in an interview published July 6. Billboard was reviewing the defendants' legal documents to report on their version of events when the paperwork went viral July 10. Queensryche declined to comment for this article. Tate stated in both interviews that prior to a band disagreement in February regarding moving the group's in-house merchandising to a third party, nothing seemed amiss. In documents filed in response to Tate's complaint, the other three claim tensions have existed as far back as the creative/recording period of 1994 album "Promised Land," due to Tate's attitude toward his bandmates and conflicts about songwriting credits. Later factors that contributed to the problem included being "forced" to accept Susan as the band's manager and unhappiness with her business decisions, along with Tate's insistence on creative control and throwing tantrums if he was crossed. The results, according to the trio, have been a distancing from the core Queensryche rock/metal sound that has alienated fans and eroded the group's brand value. To them, the final straw wasn't just an argument about switching merch companies, but also the discovery that Tate, without their knowledge, signed an animated film deal based on "Operation: Mindcrime." Although the deal called for 20% of soundtrack and merch profits to be split among the four of them, Tate would also receive such compensation as a $10,000 upfront option payment. Geoff Tate Signs Solo Deal In a reply declaration in further support of the injunction, Tate explained that he owns the copyright to "Mindcrime" storyline (about a junkie who becomes an anti-government assassin) since he conceived it and wrote the story. Wilton's declaration notes that DeGarmo contributed to the story outline. According to BMI.com, which tracks Queensryche's publishing, DeGarmo, Wilton, Jackson and Rockenfield have songwriting credits on the album. The singer told Billboard his bandmates had "tried to make bad business decisions" throughout their career, a charge the threesome lobby back at the Tates. One example is the departure of guitarist Mike Stone, who filled DeGarmo's position after performer Kelly Gray originally replaced him. According to Wilton, Susan fired Stone for being too demanding and hired current guitarist Parker Lundgren, her daughter Miranda's then-boyfriend, without Wilton hearing him play or giving the three defendants a say in the decision. A request for comment from Stone was not received by press time. Tate told Billboard there were no "creative differences" in the group and that since "day one" of being in the band together had asked them to contribute more to songwriting. The threesome (who have co-writing credits dating back to Queensryche's earlier recordings, Wilton in particular) counter that they contributed demos, but Tate often rejected them or started singing on them, then abandoned them. Tate also asserted in his complaint that he's the chief songwriter, and the defendants "chose not to be involved in certain Queensryche albums and 7/24/2012 10:27 PM Everybody Listening: Queensryche-Tate Lawsuit Sets Web Ablaze | Billb... 3 of 4 http://www.billboard.com/news/everybody-listening-queensryche-tate-la... songs, and had to be replaced by studio musicians" on "multiple tracks." Their position is that Tate only writes lyrics, not actual music, and the reason hardly any of the parts they recorded were used for 2006 album "Operation: Mindcrime II" was because Tate and producer Jason Slater took control of what music would be used, and the Tates deliberately shut out Wilton and Rockenfield from recording, according to Jackson's declaration. His document describes "the same disrespectful, controlling negativity" from the Tates and Slater during sessions for 2009's "American Soldier." The only claims of the trio that align with Tate's is that he's entitled to severance in the wake of his firing, except that it shouldn't include sole rights to the Queensryche name, and the aforementioned tensions over compensation stemming from songwriting royalties. Tate's declaration in support for the injunction says complaints from the defendants about songwriter royalties "reached a fever pitch" by 1997 due to them having fewer credits than Tate and DeGarmo, a major contributor who wrote "Silent Lucidity," and their attitude contributed to DeGarmo quitting. Wilton's declaration notes that after the success of 1990's "Empire" is when resentment over credits started emerging and they were indeed worse by the late '90s. He and Jackson also claim that Tate's demeanor toward DeGarmo helped push him out the door. But it's the threesome's version of what happened in Brazil that contributed most to the Internet uproar. Tate discussed with Rolling Stone how he "tried to punch" Rockenfield and "managed to shove" Wilton after the defendants told him during a pre-show band meeting they'd fired Susan and Miranda, who was acting as merchandise director, and a guitar tech who's also Miranda's husband. He said he "just lost it" when Rockenfield taunted him with the comment, "We just fired your whole family, and you're next." Q&A: Ex-Queensryche Frontman Geoff Tate Discusses Split The three claim that they did inform Tate at the meeting they had fired those three employees, but that they also confronted him about the "Mindcrime" movie deal. They contend that before showtime Tate deliberately knocked over the drum kit and then, unprovoked, punched Wilton once and Rockenfield twice in the face. He also allegedly threatened Jackson, shouted obscenities, had to be restrained by security and spit on them and their equipment during the show, along with delivering threats of further retaliation before they played at the May 12 M3 show and the Memorial Day weekend Rocklahoma concert if anyone came near him while the band performed onstage. Rockenfield charges this wasn't the first time Tate struck him, referring in his declaration to a 2007 incident where Tate "proceeded to smash my laptop on the table and then hit me in the face while spitting on me and pushing me around the room for approximately 15 minutes" after becoming angry about something. Jackson also references this confrontation in his declaration. Tate, in a declaration in further support of the injunction, says the incident in question regarded him discovering Rockenfield selling personal merchandise in the merch booth at a Queensryche show without discussing it with the band. Tate claims he "shut the laptop screen down" to get Rockenfield's attention since he was ignoring Tate, and "did not spit on him or push him." NEXT PAGE: RAGE FOR ORDER Page 1 2 3 « Previous Article Next Article » - Up for Discussion 7/24/2012 10:27 PM Everybody Listening: Queensryche-Tate Lawsuit Sets Web Ablaze | Billb... 1 of 3 Subscribe Site Feedback http://www.billboard.com/news/everybody-listening-queensryche-tate-la... Follow Join Billboard Log In Billboard.com Find artists and music Everybody Listening: Queensryche-Tate Lawsuit Sets Web Ablaze Previous Article Skrillex Hits No. 1 on Social 50 Chart Next Article Deer Tick Bringing Jackson Browne & More... by Christa Titus, N.Y. | July 20, 2012 11:35 EDT Page 1 2 3 NEWS Boy George Covers Lana Del Rey's 'Video Games': Watch NEWS Willie Nelson on Board For Railroad Revival Tour NEWS Elton John Calls for 'Compassion' at AIDS Conference Myriam Santos NEWS Harry Shearer Enlists Jane Lynch, Dr. John on New Album Artists in this Article Queensrÿche Geoff Tate Related Articles Exclusive: Queensryche Parts Ways With Geoff Tate Rock band Queensryche is continuing forward without vocalist Geoff Tate, who will be replaced by Crimson Glory singer Todd La Torre, Billboard has exclusively learned. Rage For Order Correspondence between the parties' lawyers indicate there was, at some point, a willingness to attempt a negotiation to settle things quietly. The defendants' attorney, Thomas T. Osinski Jr. of Osinski Law Offices, wrote in a letter dated May 31 that it was in everyone's best interests to do so "with a mutually agreed position for public consumption." Osinski indicates the trio preferred not to vote Tate out, but they had scheduled a shareholders' meeting for June 5 if they felt they had to. (As the four principal members, each of them own 25% of the rights to band-related companies that control the Seattle group's intellectual property, merchandise and publishing.) THE JUICE B.o.B Keeps Crowd in the 'Clouds' at NYC Secret Show SEE ALL STORIES Connect with Tate's lawyer, Joshua C. Brower of Veris Law Group, responded in a letter dated June 5 that Tate couldn't be fired. This was due, in part, to a stipulation in a 1994 shareholders' agreement that a vote of at least 80% of the shareholders was required for expulsion. When that agreement was drawn, DeGarmo was still in the band and the five members each 7/24/2012 10:27 PM Everybody Listening: Queensryche-Tate Lawsuit Sets Web Ablaze | Billb... 2 of 3 Geoff Tate Signs Solo Deal: Former Queensryche Singer Eyes Fall Album Geoff Tate, who parted ways with his longtime band Queensryche this month, announced that he has signed a multi-album, worldwide solo recording deal with InsideOut Music. Q&A: Ex-Queensryche Frontman Geoff Tate Discusses Split These days, there is nothing silent about the lucidity of ex-Queesryche frontman Geoff Tate regarding his feelings about his former bandmates. Queensryche May Continue With Band Name, for Now Queensryche defeated a motion for a preliminary injunction on July 13 that would have kept it from touring and operating under the band name http://www.billboard.com/news/everybody-listening-queensryche-tate-la... held 20% of the rights. When he left, his shares were distributed among the other four. However, the percentage stipulation of 80% in the agreement was never altered-meaning, according to Brower, Tate can't be expelled without his consent since the other three only hold 75% of the shares. Q&A: Ex-Queensryche Frontman Geoff Tate Discusses Split "All that said, Mr. Tate is open to discussing a negotiated separation," Brower wrote. None of the paperwork Billboard obtained indicated if negotiations did or didn't occur. All of the above referenced documents are available for download from the King County Superior Court Records website. When they went viral July 10, an already divided fan base posted hundreds of comments on metal/rock news blogs and Queensryche-related Facebook pages, overwhelmingly supporting Queensryche and criticizing Tate. Contributing to commenters' irritation was the defendants' statements that pass codes to Queensryche networking sites were being withheld from them. As of July 19, for the month of June, there are four posts for the band's Facebook page, with fans only able to comment on those posts. On July 13, a post appeared advertising Tate singing the national anthem at a racing event. The same July 13 post appeared on the band's Twitter account, which, as of July 19, only contains tweets under the name of Queensryche. The hale of comments continued the next day when two fan-shot videos of Tate spitting onstage during the Brazil show also went viral. One clip shows him standing upstage and spitting in Rockenfield's direction. The second shows Tate stepping up to the drum riser and spitting directly at Rockenfield. Spit Flies at 3:55 When asked for comment on July 11 about the band's response to Tate's claim, his publicist, Jeff Albright of Albright Entertainment Group, wrote in an email, "Due to the nature of the lawsuit, Geoff has decided not to make further comment at this point in time . . . but stay tuned." Billboard repeated the request for comment on July 12 after the Brazil videos emerged, but didn't receive a response by press time. Asked if he had any comment about the nature of Tate's claim, or the nature of the defendants' response to it, Gargano wrote, "Bands of Queenryche's stature are businesses, not weekend hobbies. What is overlooked in the emotion surrounding this case is that the lawsuit has been filed because of a dispute over the band's bylaws. The case will ultimately be decided by a judge, based on nothing more than how the law and legal precedent can be applied to the band's corporate structure. Sadly, no matter the outcome, the only real winners are going to be the lawyers that get to charge by the hour." Online emotions have cooled to a degree, as more comments are appearing from readers on Queensryche-related news posts and its Facebook page that they're tired of hearing about the situation. If the case goes to trial, the date is set for Nov. 18, 2013. 7/24/2012 10:27 PM Everybody Listening: Queensryche-Tate Lawsuit Sets Web Ablaze | Billb... 3 of 3 Page 1 2 http://www.billboard.com/news/everybody-listening-queensryche-tate-la... 3 « Previous Article Next Article » - Up for Discussion More Features About Billboard Terms of Use All features Billboard Magazine Contact Us Reprints Mobile Events Follow Us on Twitter RSS Feeds Sitemap Advertising FAQ Developers Newsletter Privacy Policy Shop Lyrics © Billboard. All rights reserved. Portions of content provided by Rovi Corporation. © Rovi Corporation. 7/24/2012 10:27 PM New Album This Fall | GeoffTate.com 1 of 5 http://geofftate.com/new-album-this-fall/ Home About News Tour Albums Wine About Buy Movies Programming The Nation The BurningMoore Incident Galleries Miscellaneous II Insania Red Bottling (2011) Insania White Bottling (2010) Insania Tour Rehearsal (2008) Walla Walla (2008) First Ever Solo Show The Geoff Tate Band (2008) Miscellaneous The Club Join Passes Forum Geoff’s Blog FAQ Shop Contact GeoffTate.com Singer, songwriter, producer, Insania wine vintner, founding member of Queensryche New Album This Fall Posted on June 22, 2012 by Administrator in Latest News 7/24/2012 12:06 PM New Album This Fall | GeoffTate.com 2 of 5 http://geofftate.com/new-album-this-fall/ Switch back to Danielle Renaud to use this social plugin. QUEENSRYCHE FRONTMAN GEOFF TATE SIGNS WORLDWIDE SOLO DEAL WITH INSIDEOUT MUSIC Los Angeles, CA (June 25, 2012) — GEOFF TATE, the legendary Queensryche frontman and one of the most acclaimed vocalists in the history of hard rock and heavy metal, has signed a worldwide recording contract with INSIDEOUT MUSIC. “I’m very excited to join forces with InsideOut Music,” says Tate of his multi-album deal. “They are very committed to progressive music and care deeply for their artists, working together with them to bring music lovers worldwide some of the most compelling rock music available.” As the frontman of Queensryche, GEOFF TATE has sold more than 20 million records and received four Grammy nominations. The band’s landmark concept album Operation: Mindcrime thrust their unique social consciousness, expertly crafted lyrics and progressive style into the national spotlight in 1988, and was followed by Empire in 1990, the album that delivered the band to arena-headlining status and sold more than three million albums on the back of hit singles “Silent Lucidity” and “Jet City Woman.” By the time Queensryche released Promised Land in 1994, Tate was universally acknowledged as one of the greatest frontmen in rock and metal, and a driving force behind progressive metal’s most innovative force in mainstream music. Queensryche have released 12 studio albums, with one of their most overlooked gems being American Soldier in 2009, Tate’s ambitious concept album that explores the consequences of war as told through the voices of veterans. “Obviously, we at the label have been fans of Geoff for a long time,” says InsideOut Music founder Thomas Waber. “We are looking forward to working with such a renowned musician – welcome to the InsideOut Music family!” GEOFF TATE is currently finishing production on his first InsideOut Music release. The album is planned for release this fall, with details to be announced in the coming weeks. Tate joins an InsideOut Music roster that includes Devin Townsend, Genesis guitarist Steve Hackett, King’s X, Fates Warning, Dream Theater frontman James LaBrie, The Flower Kings, Arjen Lucassen, Pain Of Salvation, and many more. GEOFF TATE ONLINE: Website: www.geofftate.com Facebook: www.facebook.com/GeoffTateOfficial Twitter: www.twitter.com/GeoffTate INSIDEOUT MUSIC ONLINE: Website: www.insideoutmusic.com Facebook: www.facebook.com/InsideOutMusic Twitter: www.twitter.com/InsideOutUSA 7/24/2012 12:06 PM New Album This Fall | GeoffTate.com 3 of 5 http://geofftate.com/new-album-this-fall/ Switch back to Danielle Renaud to use this social plugin. About Administrator View all posts by Administrator → ← Shiprocked 2012 Announcement Greetings Everyone! → Search Social Audio Player 00:00 00:00 7/24/2012 12:06 PM New Album This Fall | GeoffTate.com 4 of 5 http://geofftate.com/new-album-this-fall/ Geoff Tate (2002) The first solo effort by lead singer of Queensryche, Geoff Tate. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Flood Forever Helpless Touch Every Move We Make This Moment In Other Words A Passenger Off The TV Grain Of Faith Over Me 7/24/2012 12:06 PM New Album This Fall | GeoffTate.com 5 of 5 http://geofftate.com/new-album-this-fall/ View More... Upcoming Shows Shiprocked Cruise (Florida/Bahamas) Date: November 27, 2012 @ 12:00 am Venue: MSC POESIA Cruiseship Price: $799.99 Twitter The ultimate rock music fest at sea just got bigger! @Korn will be co-headling @ShipRocked in Nov.! Tix on-sale now! http://t.co/DvM5mU3r 1 day ago Sound checking for tonight's show! 40 days ago Can't wait to play the Red Devil Lounge in San Francisco this Sunday. Tickets still available! 45 days ago Round up your friends & get @ShipRocked with us in the Caribbean this fall! Cabins are filling up fast so book soon! http://t.co/DvM5mU3r 49 days ago I uploaded a @YouTube video http://t.co/8JmH6VR0 Wot We Do -Scenes from the Caberet 2010 49 days ago Follow @geofftate on Twitter Geoff Tate - Singer, songwriter, producer, Insania wine vintner, founding member of Queensryche. Copyright © 2012. All Rights Reserved. 7/24/2012 12:06 PM