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Manowar & Rhapsody

Magic Circle Music VS Rhapsody OR Rhapsody VS Magic Circle Music???
Let's step back in 2008....

Rhapsody Of Fire called off a previously announced tour in 2007, than in 2008 they announced their activity being suspended due to a legal action with Joey DeMaio.
On Magic Circle Music official web site they were still featured in the "Artists" section but the discography was not updated.
What's about the legal action?  Why none said a word about it?

Official source of these statements is Rhapsody Of Fire Official My Space (the newest and updated is here).
The Official Web Site of Rhapsody Of Fire has been renewed so the old news about this issue have been lost.

December 20th 2007 - On Rhapsody Of Fire official My Space appears this statement:

"South American Tour Cancellation.
Due to legal conflicts with the former management the band Rhapsody Of Fire was constricted to cancel the South American tour planned for December 2007. We can not enter into further details right now.
The band excuses itself for the problems created to all the people and Rhapsody's fans that already bought the ticket and that had to face a bad surprise when discovering that the tour was cancelled. But, as already precised above, this didn't depend at all from the band that, at the contrary, was looking forward to perform in South America after many years of absence in that glorious continent and that hopes to be able to play there as soonest in any case. Peace and Love to all of you."

June 26th 2008  - On Rhapsody Of Fire official My Space appears this statement:

"Latest News.
Hi to all,
First of all thank you for all the patience you had in these last times despite the lack of news regarding the band.
We wanted to inform you that we are in the middle of a hard legal fight with MCM and his main representative Mr. Joey De Maio.
That's the reason why in the last months we had to keep all strictly confidential and could not release any official declaration that could obviously be used against us from the opposite side. And that's also the reason why we were constricted to stop completely our band's activity. Frankly we are not able to imagine if all this can end in a very close future but we want to assure you that we are ready to fight with all the strength of body and soul in order to protect yours and our beloved band. Yes, aside from these bad events we ask you to not lose your faith in us. As soon as this sad situation will be solved we'll be ready for a great and mighty come back. A new album, a real masterpiece of speed/epic metal, is already composed and ready to be recorded and after its release an immense worldwide tour will finally follow for yours and our extreme satisfaction.
Stay tuned!
Rhapsody Of Fire"

October 4th 2008 - On Rhapsody Of Fire official My Space appears this statement:

"Rhapsody Of Fire's Activites Suspended
Hi to all,
we would like to inform everybody that actually the RHAPSODY OF FIRE band activity relatively to album releases and touring has been suspended, independently from our will, for an unspecified period of time. We are sorry for that. Further news will be made available as soon as we will be in the conditions to release them. Thank you for understanding.
Rhapsody Of Fire"

November 5th 2008 - On Music Eye Candy appeared this interview (now it seems the website is off line):


On the other hand, from Magic Circle Music no statement was released. And the Artists list published at the time on MCM Official Web site featured also Rhapsody Of Fire...

Some questions are evident:
- In the first statement Rhapsody Of Fire wrote: "Due to legal conflicts with the former management".
It seems that problems are not with Magic Circle Music but with a previous management. Or not?
For  "The free dictionary.com" the word "Former" has different meanings but all of them lead to something related to "the past".

So,
- Were problems with "former management" intended like management before MCM?
- Was it is a typo?
or
- Was at that time the contract with MCM already broken?

- In the second statement Rhapsody Of Fire wrote: "We wanted to inform you that we are in the middle of a hard legal fight with MCM and his main representative Mr. Joey De Maio. That's the reason why in the last months we had to keep all strictly confidential and could not release any official declaration that could obviously be used against us from the opposite side. And that's also the reason why we were constricted to stop completely our band's activity."

Now it is clear that the legal fight is with MCM and Joey DeMaio. And they state that it is due to them that they stopped  their band activity.

-  If a band stops its activity due to a legal action this could mean that problems are about some kind of contract terms violation.

Manowar Undisclosed hasn't (for now) the opportunity to put their crappy hand on the contract that Rhapsody Of Fire signed with MCM. So which clauses had been broken and by who it is impossible to know.

What is well known is that, when a contract features high level bands (like Rhapsody Of Fire) and high level manager (like DeMaio), nothing can be left unwritten.
It is obvious that every single possibility, situation, action and so on should be discussed, studied and accepted by both sides. For every situation the related contract conditions should be applied by both sides, amount of penalty decided, terms and conditions negotiated.
Another well known fact is that both parts were and of course are, always assisted by good lawyers, experts in contract and legislation.

By the way a legal action or, like Rhapsody Of Fire wrote "a hard legal fight" started. So, let's see what happened.

INFORMATION AND LEGALITY

The most reliable sources concerning legal actions, sentences and various are the "New York State Unified Court System" and the "State of New York Court of Appeals"

Direct link is not provided in respect of the Terms Of Use of a safe part of the web sites:

"4.This site may not be directly linked to by any website without the express written permission of the Unified Court System."

Even if this point is referred to a particular search page requiring to type a captcha to accede, and not to the information below, Manowar Undisclosed decided to not link the websites at all.

At the time information had been saved and stored, they were public and available by a simple search.

Another important source, where interesting sentences and decisions had been found, is Leagle, a website featuring entries that had not been found on Court Sites.
It's high probable that, due to the high amount of motions, decisions and sentences the intermediate steps from the start of a motion to its conclusion had been archived and only the latest or the definitive decision remain visible to readers.

Let's do a simple internet search.

Among many legal websites featuring this motion, we found the first interesting results on Leagle.

On May 28th 2010 the first entries about Magic Circle Music and about God Of Thunder Productions both Vs Staropoli

On June 29th 2010 the second entries about Magic Circle Music and about God Of Thunder Productions both Vs Staropoli

On October 1st 2010 the latest entries about Magic Circle Music and about  God Of thunder Productions both Vs Staropoli


It was necessary to have a confirm. So we browsed the Court web site.

We got: List of October 1st 2010 Court Decisions alphabetically ordered.

A similar result - divided into County - could be reached also by searching for "decisions". Of course this search is more complex. But you can get this - reading under Cayuga County.

Results give two entries:


Let's analize the latest decisions of October 1st 2010:

On Sentence 0985 God Of Thunder productions, LTD, v Staropoli Alessandro and 1112 Magic Circle Music LTD., v Staropoli, Alessandro you can read:
"........." "Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 3 and June 1, 2010, It is hereby ORDERED that said appeal and cross appeal are unanimously dismissed without costs upon stipulation."

"......" "Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 3 and June 1, 2010, It is hereby ORDERED that said appeal and cross appeal are unanimously dismissed without costs upon stipulation."

CONCLUSIONS

When the attorneys of the parties signed the stipulation of discontinuance, could only mean that an agreement has been reached.
For those who were and are still blaming DeMaio only: have you ever thought that, if one side was totally right, it would have never accepted an agreement?
But, as seen on the net, MCM and Joey DeMaio did not reply to provocation.
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