Tuttle et al v Audiophile Music Direct

[JoeWhip]

In a class action suit, the lawyers get a ton of money from any settlement. Each member of the class gets peanuts.

[JoeWhip]

Do we really have to turn this into yet another digital v. Vinyl thread?

[JoeWhip]

Fremer does have a very thin skin.

[JoeWhip]

I posted this elsewhere but thought it appropriate to post it here as well. My view on the viability of a class action lawsuit against MoFi.

 

I will have to read the complaint, but as a retired trial lawyer who worked cases in federal court and one in the Supreme Court, there are many issues here. The biggest is class certification because without it, I do not see these two lead plaintiffs meeting the $75,000 threshold for diversity, even considering the possibility of punitive damages. With the claims based on state law, I could see a federal judge interpreting things narrowly and kicking the case out To be dealt with at the state court level. I have known a couple federal judges who would be loathe to have this type of case in the federal system, with state court remedies available. Without class certification, I just do not see this case staying in federal court. Then you have the issue of fraud and damages. Now consumer protection laws are not my area of expertise, but is the undisclosed digital step amount to legal fraud? You are still buying a record in all likelihood a great sounding one. If it can be proven that the DSD transfer is transparent to the master, what is the injury? For people who buy these one steps in part as an investment vs. actual use, that may be a bit too speculative for the court to consider. I am not even sure that the purposes of these laws is to protect that interest. Finally, my experience with class action lawsuits is that the only winners are the lawyers, on both sides. The actual plaintiffs get very little. Given all these considerations, would audiophiles like to see MoFi and Music Direct driven out of business so that a few lawyers get to make a killing? For these reasons, I do not really see this case going anywhere. But, I could be wrong.

[JoeWhip]

As for the Pearl Jam recordings, there are some engineers who like to take the master digital, play it to tape and then redigitize the tape. Sound Liaison has done this but they do tell you up front. An artistic decision that as fine with. The recordings do sound mightily fine.

[JoeWhip]

If you loved the sound of the MoFi before you heard the news. What are the damages exactly. You purchased a rekerd and got a rekerd, not an orange.

[JoeWhip]

So true.

[JoeWhip]

I have seen wine snobs fooled by 2 buck chuck.

[JoeWhip]

50 minutes ago, firedog said:

Yeah you can: the right VSP plugins and DSP and/or a tube pre. Or a digital tube emulator.

 

I can even add the various noises that turntables and record playback adds to music reproduction. Actual turntable sounds, digitized. Makes your clean digital file sound like it's being played from an LP:

Adds surface noise, tracking noise, etc. Or the distortion added by the analog desks from Abbey Road.

I can even pops and clicks if you want them. 

All the glories of LP inaccuracy.

Sounds just like the old days.

I'm not joking.

Do not forget the crosstalk added by all cartridges.

[JoeWhip]

Hard to argue with feelings and beliefs. We will never know one way or the other. I will say that at least with DXD, the transfer I have heard sounds transparent to the tape I heard. Not sure about DSD  as I have not heard one.

[JoeWhip]

I really do not see a case here. You bought a record and got a record, not an orange.

[JoeWhip]

Just the old lawyer in me, but these digital step LPs were made from the original master tapes or one can reasonably argue that they were. MoFi made the transfer to DSD from the original master analog tapes not some second or third generation tape . If they can prove the that transfer is transparent to the master tape…. was it deceptive? Yep, by omission . For me, the remedy is a refund which does not require class certification. That would only make the lawyers rich.

[JoeWhip]

Using the class action gambit in this context is why I have been advocating for class action reform for years. Each individual member of the class will get peanuts and the lawyers, from all sides millions. Such a class action could result in MoFi and their owner, Music Direct , going out of business, all so that people who spent way too much money for a piece of vinyl can get pennies on the dollar. Where is the social utility here? After all, the album that they bought is of the artist they thought, plays just fine on their TT and by all accounts, sounds good. Is it defective as a product in a legal sense, because it has a digital step. I think not.

[JoeWhip]

Being from Philly I cannot believe I will defend NYC, but man, have I seen some great jazz musicians there over the years!

[JoeWhip]

Having heard the mono and stereo versions of KOB. Give me the stereo every time.  I have the CR release and the 24/192 capture. It isn’t hard to guess which one I prefer.

[JoeWhip]

When it comes to KOB, I want a transfer from the master using that alien recording tech recovered at Roswell, for the definitive version. Hate to tell Mr. Fremer, but the aliens use quantum digital, no analog in the chain. I can wait.

[JoeWhip]

Fake news Chris. You clearly do not understand Quantum digital!!😎 I wish I could reveal all but the folks at MJ12 won’t let me.

[JoeWhip]

I prefer it sounds natural, not analog or digital. I have heard too many poor sounding analog recordings in my lifetime.

[JoeWhip]

They are producing it because people are buying them. Some just are collecting them, others actually play them while others buy them, hold them and then resell them. Whatever floats your boat.