Supreme Court Petition Filed Against Madonna This Week
Added: (Fri Apr 13 2007)
Pressbox (Press Release) -
Indie singer Aisha has filed an amended Petition with the Supreme Court in the copyright infringement case Aisha v. Madonna #CIV-05-22618. An article about the case was featured in the Jamaica Observer newspaper on Sunday April 8, 2007. The story was also carried on Jamaican radio and worldwide internet radio. Case files and evidence are available on Aisha’s web site, Aisha Music.
Aisha is the owner of the largest independently authored music, film and literary catalog in the world. Aisha’s Copyrighted Catalog, contains 9,000 songs, 300 movie scripts and short stories, 15 book manuscripts, 200 music video treatments, 500 photographs, 150 photo treatments, a perfume line and many clothing designs that are apart of a clothing line she designed.
Aisha has sued Madonna for willfully infringing items from her Copyrighted Catalog and spreading them around amongst her partners in Hollywood that have been legally tied to Madonna via government filed business records and family relation. According to domestic and international court records, this is Madonna’s fourteenth lawsuit for copyright infringement and seventh lawsuit for civil rights violations, all of which have been filed by different American and international citizens around the world, many of whom are artists and musicians as well.
Aisha filed suit in Miami and Judge Marcia Cooke of the Southern District of Florida, threw out the 60 page case and 200 plus pages of evidence, in addition to several CD-ROMs containing gigabytes of comparative data, illustrating the blatant infringements, the very same day she received it, December 21, 2005, prompting many experts in the international community to question if she even read the case or much of it at all before she summarily tossed it out of court.
From his home in Kingston, Jamaica, beloved Justice of the Peace and musicologist Vaughn “Bunny” Goodison, Aisha’s father, who has 40 years of experience in music and legal matters, commented on the case and the original flawed ruling rendered by Judge Marcia Cooke:
“Based on the volume of information presented it is puzzling that she could properly go through that amount of information in such a short space of time and come up with a decision based on proper study. It seems somewhat impossible to me, for one to have come up with a proper and just decision on a matter which entails this person (Judge Marcia Cooke) going through the volume of information that was in her possession, that is over 300 pages of information and several CD-ROMs with much data, in an 8-10 hour workday timeframe. Even if this was the only matter this judge had to attend to, which is very unlikely, I can’t believe that justice was served in any capacity.
Insufficient effort was put into it and the decision reached via some sort of dismissive attitude. When you deal with justice you should be as detailed and as focused as possible, because what is at stake is justice, which could never be treated lightly. Justice should be blind and accurate. Therefore, how could the judge have done all this reading in that short space of time. I must conclude that justice was not served.”
Regarding the FBI’s handling of the case, that was formally reported to FBI Director Robert Mueller and the DOJ on September 26, 2005, Goodison commented:
“Looking through all the evidence and the treatment of my daughter, it is far less than I expected from a country I hold in high esteem when it comes to justice.”
From her home in Miami, singer Aisha commented on Judge’s Cooke’s ruling:
“Judge Marcia Cooke’s ruling was disgraceful. I presented a clear, concise claim for copyright infringement, among other things, based on my preexisting Copyrighted Catalog being violated. My copyrights predate Madonna and her cohorts’ later infringements by years. I proved access to the copyrights via exhibits from Traffic Facts, which is digital software used by thousands of webmasters around the world, to gauge who visits a web site. It logged thousands of web hits from the defendants in the case way before the lawsuit was ever filed. They know exactly who I am and have known for quite some time. They found out about my work via the Internet, where my site has been online since July 2001.
They used without permission, copyrighted music, lyrics and other items from my site that has been viewed by millions of people in just about every country in the world, according to site records. I further proved illegal access to my aforementioned private, unreleased Copyrighted Catalog housed on my private network of 7 business computers.
Two separate computer companies have certified that my computers are being thoroughly hacked, rating the levels as ‘severe’ and ‘critical.’ My ISP further stated the hacker is hacking my computers from ‘another network provider.’ My web site has also suffered targeted DNS attacks in attempts to shut it down and spoofing that spawned over 5,000 fraudulent emails sent out by the same hacker, in violation of the Florida Anti-Spam Act.
I also presented as evidence, bank statements and items from the Star card company to show identity theft originating with Madonna’s label’s ISP, as a form of harassment, as was done to many in the Anthony Pellicano case, who is Madonna’s lawyer’s now incarcerated private investigator. It was confirmed that Anthony Pellicano even had 4 hackers on his payroll.
I proved substantial, verbatim copying of my years old copyrights that the Defendants have made hundreds of millions of dollars off of, without my permission and I never would have granted it anyway. I presented copies of my copyrights and certificates from the Library of Congress, along with comparative data showing the overwhelming infringements side by side. I further detailed the dozens of legal cases where Madonna and her co-defendants have been sued by many people around the world for copyright infringement, among other things.
Yet, Judge Marcia Cooke threw out the case the same day she received it on the absurd premise that “pop culture icons and the companies who bring their entertainment to the masses” don’t break the law. She stated they couldn’t have committed the allegations being leveled against them, when the evidence and dozens of other cases filed against them by many other people around the world for this very thing, says otherwise. She further included nasty, sarcastic remarks and xenophobic statements to boot, referring to serious United Nations human rights violations as ‘amusing.’ Such conduct constitutes numerous violations of the federal Judicial Cannons. A formal inquiry needs to be launched as to what transpired. Judges aren’t paid six figures a year out of taxpayer funds to conduct themselves in this manner. Between this and the Anna Nicole Smith case, with Judge Korda and Seidlin, the Judiciary, particularly the Florida Judiciary, never looked so bad.”
According to an article in the Seattle Post published on April 10, 2007, titled the FBI’s Terrorism Tradeoff, “Thousands of white-collar criminals across the country are no longer being prosecuted in federal court -- and, in many cases, not at all -- leaving a trail of frustrated victims and potentially billions of dollars in fraud and theft losses.”
Aisha was the first to break the story in her December 2006 internet based Sound Off Column about the FBI abusing the Patriot Act via obtaining emails, bank statements and phone records of American and international citizens. Three months later, Aisha’s claims in her Column were confirmed when in March 2007 IOG Glenn Fine wrote of FBI abuses of the Patriot Act regarding emails, banks statements and phone records, resulting in a recent Senate inquiry.
Regarding the FBI’s poor handling of the case that was sent to them, Aisha said:
“I lodged a formal complaint regarding the case with George W. Bush appointees Robert Mueller of the FBI and Alberto Gonzales of DOJ, back on September 26, 2005 – none of them responded, though USPS delivery confirmation statements show their offices signed for the complaints. Where in April of 2007 now and none of the intellectual property theft and severe human rights abuses being committed against me and my family in Miami have desisted one iota. In fact, they have grown increasingly worse and sicker in nature.
Mueller and Gonzales were given substantial evidence to support my claims, but all this time later, they are allowing Madonna and her partners in Hollywood to continue to violate my copyrights, reaping a fortune in ill-gotten gain, in violation of domestic and international law.
My Copyrighted Catalog is worth billions. I spent a significant portion of my life authoring it and now it has been stolen in a vile manner with items from it unlawfully used by the defendants to make millions. My works they have stolen have been devalued as well. It is my copyrights, property and money going up in smoke, while the Mueller and Gonzales allow it, which can only be described as state sanctioned stealing.
I was of the understanding that the Mueller and Gonzales are constitutionally obligated to prevent and stop crime, not let it continue and reach appalling levels, where victims lose billions in assets and face unrelenting, degrading human rights violations on a weekly basis.”
When Aisha received no response from Robert Mueller and Alberto Gonzales, her father instructed her to call the FBI. The local FBI in Miami instructed her to come in for an interview regarding her complaint, that the receptionist said, she did not see in the computer as having been filed or forwarded from FBI headquarters in Washington, where Aisha sent to it Robert Mueller several weeks prior.
Aisha was interviewed by two FBI agents regarding the case. FBI special agent J. Christopher Kapcyznski on Thursday November 3, 2005, at the Miami FBI Field Office located at 16320 NW 2nd Avenue, Miami, Florida 33169-6508 and agent Cathy Mary Koontz on Monday, November 7, 2005.
FBI Agent Kapcyznski interviewed her about what transpired in the case and told her to bring her copyrights back for comparison the next day and give them to the “agent on duty.” She did and was then interviewed by FBI Agent Koontz.
Aisha asked about the FBI removing the illegal wiretaps on her phone lines, reminiscent of the Anthony Pellicano case, and Koontz shrugged and did not respond, changing the subject back to her copyrights. The illegal taps have been on the line for the past year and a half since she reported it to Robert Mueller, then asked the local FBI to remove them.
Though Kapcyznski and Koontz were personable, nothing has been done in this case, further attested by the Miami Shores Police department who stated they have not heard from the FBI regarding the multiple burglaries to Aisha’s home, in one of Miami’s safest and most affluent neighborhoods, where copyrighted computer discs and case files were stolen from her home studio and then used in commerce, attributed to Madonna in the marketplace.
In April 2005, Aisha reported the additional multiple burglaries, hacking and other misconduct, to her point of contact with the Miami FBI, Special Agent Cathy Mary Koontz, via registered mail and telephone.
“The mere fact that the Copyright thefts and invasion of privacy continues, give sthe impression that Gonzales and Mueller are deliberately dragging their feet, while Madonna and her partners in Hollywood, illegally continue to use items from my Copyrighted Catalog, reaping hundreds of millions of dollars on a regular basis. It is one of the greatest injustices I have ever witnessed in my life and one would expect more from them than this.”
FULL LIST OF ALLEGED INFRINGEMENTS:
The following is a list of works from Aisha's aforementioned Copyrighted Catalog that Aisha has formally alleged Madonna and her affiliates such as Warner Bros Pictures, Warner Bros Records, Warner Bros’ artists like Paris Hilton and Madonna's cousin, Gwen Stefani, among others Madonna does business with, have unlawfully used, in the ongoing infringements of her copyrights. Defendants in the case who have already been sued in the 2005 lawsuit, continue to infringe more of Aisha’s works, such as Sony for Beyonce and Interscope for Gwen Stefani, who has stolen form Aisha’s Catalog two albums in a row now, reaping millions in illegal profit.
1. Princess Diaries 2 (2005)
2. Prince And Me 1 & 2 (2005)
3. Sam’s Lake (2005)
4. Gravedancers (2005)
5. Material Girls (2006)
6. Valentine’s Day (2006)
7. American Dreamz (2006)
8. Goal (2006)
9. My Sister’s Keeper (2006)
10. Blond Ambition (2007)
11. Rude Buay (2007)
12. Tonight He Comes (2007)
13. “American Life” song by Madonna (2003)
14. “Orange County Girl” by Madonna’s cousin Gwen Stefani (2006)
15. “Confessions On A Dance Floor” CD by Madonna (2005)
16. A backdrop from Madonna's Re-invention world tour (2004)
17. A backdrop from Madonna's Confessions world tour (2006)
18. "Sorry" Music video by Madonna (2005)
19. “Stars Are Blind” music video by Madonna's fellow Kaballah Centre member and Warner Bros artist Paris Hilton (2006)
20. Madonna's fellow Kaballah Centre member Britney Spears’ “Streams Of Consciousness” column, ripped off Aisha’s “Sound Off Column”, both bearing the same initials and written content that Spears plagiarized years after Aisha's Column was copyrighted, indexed and established online. The infringing entries have now been deleted from Spears’ site, but have been saved by Aisha for future litigation.
21. Items from Aisha’s clothing line have been illegally used for Madonna's English Roses clothing line (2005)
22. Items from Aisha’s clothing line are illegally being used for Madonna's forthcoming H&M line (2007)
23. December 2006's "Beauty Buyble" by Judith Regan's Regan Books, who was behind Madonna's 1990's "Sex" book.
24. E’s 2007 “Boulevard Of Broken Dreams”
25. “Dandelions” by Nicole Richie
26. “Where Is Your Dignity” “Burned” and “Happy” by Hillary Duff, who starred in Madonna’s infringing film “Material Girls”
27. “Hollaback Girl” by Madonna’s cousin Gwen Stefani (2005)
28. “Worldwide Woman,” “Amor Gitmo” and “Welcome To Hollywood” by Beyonce Knowles (2007)
29. “Beautiful Liar,” “Suga Mama,” “Greenlight,” “Flaws and All” and “Still In Love” low budget music videos by Beyonce (2007)
30. “Umbrella” by Rihanna
31. “Can I Live” by Nick Cannon (2005)
32. My Super Ex Girlfriend (2006)