Drumsmith.com : STATUS UPDATE
RJD
summer!
As most of you are aware our forum went into a blackout for a few
days. If you tried to log on you were presented with the question
"What if there was no Drumsmith.com?".
Over the past year there have been numerous changes, developments and
challenges that this organization has faced. In the course of managing
these things I have on more than one occasion asked myself that very
question. Since Andy passed away on 2007 I have been the sole
caretaker of not just a community forum, but of a powerful, purposeful
(thanks for the word Curt!) and ambitious idea : the power of a
superlative drumming community. I can't provide you with a complete
definition of everything that may mean or entail, but there is no
shortage of tangible examples. From the Mark Bingham memorial and 9/11
benefit to the current Richie Hayward auction...we have achieved so
much - for others and for ourselves. In the times when I was fatigued
or it when it felt like it wasn't worth the continued effort it was
those accomplishments and achievements that provided the inspiration
to continue and the answer to my question "What if there was no
Drumsmith.com". Perhaps during the recent down time you were able to
come up with a few answers of your own. I know many of you did and I
thank you for taking the time to send me those (several hundred at
last count!).
The simple reason for the blackout was that WE needed to get your
attention and in doing so create a reminder that Drumsmith.com is not
merely a discussion forum.
In order to allow our organization to grow and to continue serving the
percussive arts community there was some work to be done.
On August 31, 2009 we received notice from our attorney that The
Drumsmith Percussive Arts Society was officially incorporated as a non-
profit society. For discussion purposes our organization is known as
the Drumsmith Alliance for the Percussive Arts.
I can't think of a better time than now to introduce our current board
of directors:
Jon "Bermuda" Schwartz
Paul Mason
Phil Galante
Kerry Crutchfield
and of course myself. I would like to personally thank Jon, Paul, Phil
and Kerry for stepping up. I cannot begin to express how important
this step was for our organization - or how relieved I am that I
finally have some help!
Since April there has been a moratorium on new memberships. I am
pleased to announce that effective immediately Drumsmith.com is
accepting new memberships.
I am also pleased to inform everyone that as a result of a recent
legal action and in cooperation with Yahoo and MelbourneIT, the web
site "drumsmyth.com" has been shut down and that the domain name has
been relinquished by the domain name owner. The web site had been used
to impersonate our forum (trademark infringement) and had engaged in
unauthorized use of copyright protected material (copyright
infringement) taken from drumsmith.com. At least one of the images
that appeared on "drumsmyth.com" had been digitally altered to depict
myself engaged in a deviant homosexual act. (Defamation).
In addition to this Drumsmith is dealing with some other issues which
I will be addressing and clarifying here at the appropriate time.
new...@zoomnet.net
into this old place as well.
MN
RJD
My pleasure.
I'll be sure to post future press releases and updates as appropriate
- there is more to come.
Ken Mills
Foundry, which you settled?
"Dunnett Classic Drums settles lawsuit filed by Drum Foundry
Zeeland, Michigan - Sept. 1, 2009 - Drum Foundry has successfully
secured a settlement agreement from Dunnett Classic Drums and
Drumsmith Society for the Percussive Arts in response to the trademark
infringement lawsuit filed against Dunnett Classic Drums for
unauthorized use of the registered trademark "Drum Foundry." The
agreement contains articles that protect against the unauthorized use
of the Drum Foundry trademark or colorful imitations thereof. Drum
Foundry was also able to secure provisions that prevent future
defamatory comments made about Drum Foundry/Black Swamp Percussion,
their products, and their owners and employees on drumsmith.com by
Dunnett Classic Drums and its representatives.
The agreement also guarantees against physical assault and verbal
taunting against Drum Foundry/Black Swamp employees by the owners,
employees, or associates of Dunnett Classic Drums."
RJD
Unfortunately that press release is shy of a few rather important
details, but we'll get to that all in good time "Ken", all in good
time.
Ken Mills
How long do you need to formulate your reply?
I'm eager to hear your side of that story.
I'm sure I'm not alone now. ;-]
RJD
Well, while you're waiting maybe you can figure out who the registered
owner of drumsmyth.com is...or was.
Ken Mills
info as above.
I'd like to hear about those missing details you mentioned of.
Ken Mills
from Dunnett Classic Drums and
Drumsmith Society for the Percussive Arts in response to the trademark
infringement lawsuit filed against Dunnett Classic Drums for
unauthorized use of the registered trademark "Drum Foundry." The
agreement contains articles that protect against the unauthorized use
of the Drum Foundry trademark or colorful imitations thereof. Drum
Foundry was also able to secure provisions that prevent future
defamatory comments made about Drum Foundry/Black Swamp Percussion,
their products, and their owners and employees on drumsmith.com by
Dunnett Classic Drums and its representatives.
The agreement also guarantees against physical assault and verbal
taunting against Drum Foundry/Black Swamp employees by the owners,
employees, or associates of Dunnett Classic Drums.
heh ... ya like that?
I can copy/paste too.
However, that's exactly what I'd like to hear your take on.
Down to earth, no bullshit all Ronn Dunnett's side of this supposed
frivolousness.
I mean, Mr.Sooy publicly announced the above. And you, right here,
announce this "legal" stuff about drumsmyth.com.
Sounds like the perfect venue for you to set the record straight on
the Dunnett/Sooy debacle ... or would that be debauchery :-/
Sean Conolly
news:58def45e-c747-46ec...@m3g2000pri.googlegroups.com...
>I hope this message finds you all happy and well and enjoying your
> summer!
>
> challenges that this organization has faced. In the course of managing
> these things I have on more than one occasion asked myself that very
> question. Since Andy passed away on 2007 I have been the sole
> caretaker
Hey Ron - you have my sympathy :-) Being the sole developer and tech support
for rmmp.net became a burden after a while, and after about the third
catastrophic server failure I just had to get back to life's priorities. Of
course the old site wasn't even comparable to what you have started, so it
wasn't missed much when I let it pass on.
Take care,
Sean
Benny
had to surrender the domain as part of a legal settlement and the
settlement was between these two parties, one might reasonable
conclude that the plaintiff in this case was willfully engaging in
activity that was far worse than what was alleged in the lawsuit. A
whois search reveals that the domain drumsmyth.com was registered in
2008 and that the registrant ensured his personal information was kept
private. The domain appears to have been recently cancelled.
RJD
> taunting against Drum Foundry/Black Swamp employees by the owners,
> employees, or associates of Dunnett Classic Drums.
FALSE.
RJD
> taunting against Drum Foundry/Black Swamp employees by the owners,
> employees, or associates of Dunnett Classic Drums.
>
> heh ... ya like that?
This statement is completely false.
Ken Mills
Ken Mills
That's all you got?
RJD
> That's all you got?
You'd like something more than facts or truth?
Can't help ya.
RJD
taunting against Drum Foundry/Black Swamp employees by the owners,
employees, or associates of Dunnett Classic Drums."
This is not true.
Ken Mills
eachother in the shins.
Any, input on your alleged wrongdoings that led to the suit?
RJD
The answer is in the question. Allegations are not facts. We deal in
facts and truth.
Ken Mills
Ok then ... How about the trademark infringement?
Did you conduct such behavior? Or, is that also false?
RJD
That allegation is false.
Ken
Alright, I guess we're pretty much straight on my interrogation
then. ;-]
Thank you for the clarifications.
Crazy place, this Internet.
RJD
> Alright, I guess we're pretty much straight on my interrogation
> then. ;-]
> Thank you for the clarifications.
My pleasure.
Dunnett Classic Drums and the Drumsmith Percussive Arts Alliance will
be issuing a press release(s) and a full statement of facts at the
appropriate time.
> Crazy place, this Internet.
I think the craziness exists in the real world. It just trickles in
through our monitors.
Ken
> I think the craziness exists in the real world. It just trickles in
> through our monitors.
Indeed it does ... indeed it does.
Chris Columbus
Interesting logic Ken. A single meta-tag is cause to call out the
dogs but the creation of a fake website isn't of any interest. Who
knows why the metatag was on Drumsmith. I seem to recall that there
was a time when DF and Dunnett were doing business together so maybe
that's when it was put in. Or let's play devil's advocate and just
say Dunnett put it there after the fact. One wonders if he was asked
to remove it and refused or if someone elected to use it as an excuse
to play Perry Mason.
But it takes a bit more deliberation and effort to create and register
a website. Not to mention the time and resources needed to doctor
photographs. It seems to me that whoever is responsible for
drumsmyth.com and the content of that site is somewhat more involved
in the intentional misuse of intellectual property and harassment.
But since no one is willing to take credit/blame/responsibility for
the site or the photo, I guess we'll never know who is so obsessed
with Dunnett and Drumsmith, will we? Maybe that is the missing detail
Dunnett is referring to?
But it's all moot. Fingers were pointed, a settlement reached and the
real winners are the attorneys who get to bank a few grand over
something that should have been handled with a simple phone call or a
C&D order at the most.
RJD
> But since no one is willing to take credit/blame/responsibility for
> the site or the photo, I guess we'll never know who is so obsessed
> with Dunnett and Drumsmith, will we?
"...as a result of a recent
legal action...the web
Ken
I was just curious of Ronn's side of the whole settlement deal.
Seems as though he intends to be tight-lipped about it. One of life's
great mysteries?
Since drumsmyth.com keeps being brought up though .....
It's "my" opinion that it was Ronn's own doing, in some strange "cover
your ass" attempt.
Guess that's what I'll be tellin' the grandkids.
RJD
> Ah ... there is no real logic on my part. ;-]
No argument here.
> I was just curious of Ronn's side of the whole settlement deal.
> Seems as though he intends to be tight-lipped about it. One of life's
> great mysteries?
Not at all. Our press release and statement of fact are being
prepared. They will be published once our lawyers have reviewed them.
Not quite as easy as using an anonymous Google to be a shill.
>
> Since drumsmyth.com keeps being brought up though .....
> It's "my" opinion that it was Ronn's own doing, in some strange "cover
> your ass" attempt.
Covering my ass since February 2008?
It would be disingenuous to try to "cover one's ass" while publishing
defamatory statements.
The identity of the registrant of drumsmyth.com is not in question.
Ken
> Not quite as easy as using an anonymous Google to be a shill.
Ok RJD or Fish or whatever the hell.
I could give a shit less about Sooy, just the same as my feelings
toward you.
This is all just entertaining internet drama to me, that has piqued
"my" curiosity.
Quite frankly, I'm growing bored of it now.
I'll just go ahead and wait till your lawyers finish their review and
you set the whole world straight, right here on RMMP. :rolleyes:
RJD
> This is all just entertaining internet drama to me, that has piqued
> "my" curiosity.
If this qualifies as entertainment for you, you have my sympathy.
Ken
Entertainment comes in many forms, my good man.
He who only finds pleasure in few things .... deserves the sympathy.
RJD
Save it for your grandkids.
Ken
> Save it for your grandkids.
OK ... but, let's not rush anything.
Fish
Ken
> http://www.drumsmith.com/dldf.html
Ronn,
Congratulations and thank you for posting the above link.
My apologies for my, rather strange, inquiring mind over the course of
this thread.
Maybe someday there will peace and harmony amongst all custom drum
builders/vendors.
Doubtful but, a worthwhile thought.
Sincerely,
-Ken
Fish
My pleasure.
Thankfully the vast majority of those involved in the percussion
industry get along extremely well and there is a great deal of
integrity and mutual respect among us. The exception proves the rule.
I think it is important that the truth about this malicious lawsuit is
made available. Neither Dunnett Classic or Drumsmith did anything
wrong. We tried to help and this is how we were repaid.
sooy
UPDATE -
It has come to our attention that a statement was posted on
drumsmith.com in regard to this situation. After reviewing the
statement, it is clear that there are many false statements and
baseless innuendos proffered in the statement. While we could easily
debunk the statement with evidence that was provided in the case, we
have no interest in providing more material for face-saving revision.
We would like to reiterate that when it comes to being part of the
business community, we will "continue to compete fairly in the
marketplace by providing what our customers have come to expect -
superior percussion products of all kinds backed by our proven record
of excellent customer service and support." Our thanks to our many
friends in the industry that thanked us for taking a stand in
protecting our business interests.
For Immediate Release
Dunnett Classic Drums settles lawsuit filed by Drum Foundry
Zeeland, Michigan - Sept. 1, 2009 - Drum Foundry has successfully
secured a settlement agreement from Dunnett Classic Drums and
Drumsmith Society for the Percussive Arts in response to the trademark
infringement lawsuit filed against Dunnett Classic Drums for
unauthorized use of the registered trademark "Drum Foundry." The
agreement contains articles that protect against the unauthorized use
of the Drum Foundry trademark or colorful imitations thereof. Drum
Foundry was also able to secure provisions that prevent future
defamatory comments made about Drum Foundry/Black Swamp Percussion,
their products, and their owners and employees on drumsmith.com by
Dunnett Classic Drums and its representatives.
The agreement also guarantees against physical assault and verbal
taunting against Drum Foundry/Black Swamp employees by the owners,
employees, or associates of Dunnett Classic Drums. Drum Foundry and
Black Swamp Percussion President Eric Sooy said "we are anxious to put
this unfortunate situation behind us and will continue to compete
fairly in the marketplace by providing what our customers have come to
expect - superior percussion products of all kinds backed by our
proven record of excellent customer service and support."
Ken
Ah so that must be why you delete my posts from your PBA on your
Ghostnote ....
Because I mentioned the R-class.
I do like it much better than the RCK. And, what the heck is with the
RCK ... why the big hunk of useless metal on the front of it?
And the cheesy stamped steel butt .... fugly!
sooy
...ear
Ken
Remove the pussy, son!
Fish
Fish
Legal Defense Fund
To the members of the Drumsmith Alliance for the Percussive Arts:
Over the past 4 months our organization has been involved in a
trademark litigation that was initiated by an online parts re-seller
over a meta tag that appeared in the source code of drumsmith.com. The
meta tag was placed in the source code at drumsmith.com in 2005 after
the Plaintiff contacted drumsmith.com's administrators seeking free
advertising and promotion for the launch of their new company.
The Plaintiff's's sole request to remove the meta tag came to us in
the form of a lawsuit filed in April 2009 alleging trademark
infringement. The meta tag was removed the day the complaint was
received. The matter could have been settled with a single phone call
or email. Shortly after we received a demand letter from the
Plaintiff.
In August 2009 the Plaintiff voluntarily dismissed the lawsuit.
Drumsmith declined Plaintiff's request for a $5000.00 cash payment and
confidentiality clause. In exchange for Drumsmith's guarantee not to
file a counter-suit, the Plaintiff agreed to our demand for a "no
contact" provision (which includes language similar that found in a
restraining order). The negotiations also resulted in the
relinquishment of ownership of a similar domain name (drumsmyth.com)
that infringed Drumsmith's trademark and copyrights.
The Directors of Drumsmith have decided not to issue any formal public
response or press release with regard to this matter at this time. We
believe the Plaintiff, by engaging in this type of litigation, was
seeking publicity for itself, its owners and directors and its
affiliated companies. We believe that acknowledging the lawsuit
through a formal press release would only reward the Plaintiff's
cynical, predatory behavior.
In the interest of clarity and full disclosure we have posted links to
the Plaintiff's email requests for advertising on drumsmith.com, the
Plaintiff's original demand letter and the final agreement.
The successful defense and vindication of our organization in this
matter was not without cost.
Industry Patrons, friends and several high profile drummers (The List)
who recognize the value and importance of our organization and the
work we do for the drumming community have donated a number of goods
and services toward the Drumsmith.com legal defense fund. eBay
auctions in support of the Drumsmith.com legal defense fund will begin
shortly.
Our thanks to everyone for your support, patience and understanding.
Ronn Dunnett
per: DAPA Drumsmith.com LDF
Patrons:
Craviotto Drum Company (5.5 x 14 Mahogany snare drum signed by Johnny)
Drum Workshop (5.5 x 14 All Maple Collector's snare drum in Blue Onyx)
Dunnett Classic Drums (Dunnett's personal DCD 4 piece round badge
Jazz / Bop kit in French vanilla lacquer)
Istanbul Agop cymbals
Kirschoff Drum Comapny
Grover Pro Percussion
Remo
Zildjian
Mapex
Paiste cymbals
Silver Fox Drum Sticks
The Ludwig Drum Company
The George Way Drum Company (One-of-a-kind 6.5 x 14 Titanium George
Way snare drum)
Tempus Drums
Vaughncraft (4 piece Jazz / Bop kit crafted by Dunnett Classic Drums
in Vintage Marine Pearl)
Sound Seat (Custom made Sound Seat)
Sabian Cymbals
Yamaha Drums
Pork Pie Percussion
Todd Trent's Drum Oasis
Acoustic Drum Shop
Peter Erskine (personal drum lesson)
Stanton Moore (personal drum lesson)
Todd Sucherman (personal drum lesson)
Ken
sooy
> Don't worry sauce boy .... I got your back!
check your bookmarks...
Ken
I gots favorites ..... and yer one of em. ;-D
sooy
> I don't have bookmarks.
> I gots favorites ..... and yer one of em. ;-D
Fish
of settlement negotiations. Yahoo was very cooperative.
The images from NAMM support my contention that I was being
photographed surreptitiously while minding my own business inside the
Dunnett booth at NAMM. One has to wonder what the objective of such an
action was. More than a little creepy and unnerving.
Of course that wasn't the first time I was assaulted inside my booth
at NAMM.
http://img19.imageshack.us/img19/1236/nammcomment.jpg
Both myself and The Drumsmith Alliance for the Percussive Arts stand
behind the original statement of fact.
-MIKE-
> The images from NAMM support my contention that I was being
>
> Of course that wasn't the first time I was assaulted inside my booth
> at NAMM.
>
I'm sorry, but how is being photographed in public an "assault."
Get over yourself, Ronn.
--
-MIKE-
"Playing is not something I do at night, it's my function in life"
--Elvin Jones (1927-2004)
--
http://mikedrums.com
mi...@mikedrumsDOT.com
---remove "DOT" ^^^^ to reply
Pete Pemberton
> On 1/4/10 12:59 PM, Fish wrote:
>> The images from NAMM support my contention that I was being
>> photographed .....
>>
>> Of course that wasn't the first time I was assaulted inside my booth
>> at NAMM.
>>
>
>
> I'm sorry, but how is being photographed in public an "assault."
> Get over yourself, Ronn.
Is this going to be let go any time in the forseeable future? I mean,
really. Seriously Ronn? Are you that bored?
PP
sooy
Classic.