Andy Scott, guitarist for the Sweet, tried to sue an E-Bay customer for selling a used CD from his band, and now it has backfired to the tune of a $78,000 legal bill after a five-year battle. Dietmar Huber from western Austria, put a CD called ‘The Legend Lives On’ on E-Bay , which Scott claimed was a bootleg. Huber said he was “flabbergasted” when he received a letter from a German lawyer accusing him of breaching Sweet’s and Andy Scott’s copyright, along with a bill for 2000 Euros (about $2500).
Huber wouldn’t take down the CD, which ultimately was proven to be an authentic release, so Scott filed an injunction to stop the sale of the item. Scott then claimed he owned copyright on the name and that Dietman Huber did not have the right to sell the CD. He took the case all the way to the Austrian high court, asking for 36,000 Euros ($45,000) in compensation.
The Austrian high court recently ruled in favor of Huber, declaring it to be a private sale, and saying that no crime was ever committed. Now Scott must be pulling out whatever hair he has left, with he being responsible for the cost of court hearing and Huber’s legal expenses. The bill comes to a whopping £50,000 in legal fees, equalling approximately $78,000!
Who is to blame in this stupid lawsuit, Scott, his lawyer or both? It wasn’t like there was any demand for the CD at all ( I know that wasn’t the point of the lawsuit) as it sold on E-Bay for about 1 Euro, equalling about one dollar and twenty five cents! Not so Sweet!