The Virginian-Pilot
©
NORFOLK
A federal judge will allow representatives of the band Phish to take photographs and ask for identification of anyone suspected of selling bootleg merchandise at this weekend's Hampton concerts.
The judge again denied, though, a request that the band's representatives be able to seize any illegal property.
U.S. District Judge Raymond A. Jackson said the lawyers did not follow proper legal procedures, including notifying the U.S. Attorney's Office and keeping the matter under seal.
The band had sought a court order allowing seizure of unlicensed items that vendors might be selling outside the Hampton Coliseum, where the band kicked off its reunion tour Friday night.
The lawyers told the judge in a filing Friday morning that they have since notified the U.S. Attorney's Office. Keeping the matter secret, they said, shouldn't apply because the band and its lawyers were not the ones who publicized the suit.
The judge, in his Friday ruling, said the notification wasn't timely. The U.S. Attorney's Office would not have had time to reply "if it were so inclined."
The judge said that the federal prosecutor's office should have been notified earlier in case it was also investigating.
Jackson did grant an injunction forbidding sale of unauthorized merchandise, but the order is largely unenforceable without a seizure order.
Band representatives can serve the injunction on anyone outside the arena suspected of selling contraband.
Anyone served must "promptly, courteously and peaceably identify himself or herself" and "the process server or agents for plaintiff (must) be allowed to photograph, videotape or otherwise identify the defendants," the judge wrote.
Amy Marino, a lawyer for the band who argued the matter before Jackson on Thursday, declined to comment Friday.
Anyone served with the injunction is entitled to respond to the court by March 16, Jackson said in his order.
A hearing has been set for March 19 to give anyone served a chance to answer the allegations.
Tim McGlone, (757) 446-2343, tim.mcglone@pilotonline.com
Delicious
Digg
Reddit
Facebook
Twitter
Google
Yahoo
Phish
It sounds like the process servers will play an important role in IDing bootleggers.
Hahaha you hope ticket sales
Hahaha you hope ticket sales are down? All 3 shows have been sold out since it went on sale in October. And while I'm no Phish fan (actually gave away a ticket for free to my best friend.) I do respect that they took the Hampton Coliseum, made it General Admission for all 3 of their shows and are charging only $50 compared to your mention of $75 Metallica tickets. You gotta give em credit for that. Unlike a similarly hypocritical Bruce Springsteen. lol Also don't get it twisted...Metallica are capitalists too. Just think back to Napster lol.
Hippy nation
These guys have made a fortune in being hypocrites. They attract the free love, hippy nation, socialist, tree hugging, greenpeace crowd, then they decide they really enjoy being capitalists and making as much money as they can. I hope ticket sales are down. At least when Metallica comes to town for $75 a seat, they aren't masquerading as beatniks.