Court rules that Kesha can't terminate her contract

Started by Charlie Brown February 19th, 2016 4:28 PM
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Charlie Brown

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http://www.theguardian.com/music/2016/feb/19/kesha-dr-luke-denied-legal-request-record-label-rape

The singer Kesha’s request to be released from recording contract with Dr Luke, who she claims physically and sexually assaulted her, was denied by a New York judge on Friday.

Kesha filed a lawsuit against Luke, whose real name is Lukasz Sebastian Gottwald, in 2014, claiming that the physical and sexual abuse began soon after she signed with him in 2005, when she was 18.

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Judge Shirley Kornreich denied Kesha’s motion for preliminary injunction, claiming that “there has been no showing of irreparable harm”, BuzzFeed reported.
I honestly feel so bad for Kesha and all that she's been going through the last few years, and really thought she had a shot at winning this case. To my understanding it means that she's going to be forced to honour her contract and release another eight albums with Sony, despite the allegations that Dr Luke physically and sexually assaulted her. She's just been in an awful position and it's terrible that there doesn't seem to be any way out :/

blue

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I saw this on Twitter earlier tonight and could not help but feel so sorry for her. I don't really know much about the case but I love her music, to see her suffering like that just isn't right at all. I hope she gets justice in the end.

Bay

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http://www.theguardian.com/music/2016/feb/19/kesha-dr-luke-denied-legal-request-record-label-rape



I honestly feel so bad for Kesha and all that she's been going through the last few years, and really thought she had a shot at winning this case. To my understanding it means that she's going to be forced to honour her contract and release another eight albums with Sony, despite the allegations that Dr Luke physically and sexually assaulted her. She's just been in an awful position and it's terrible that there doesn't seem to be any way out :/
She can still release music on her own, just that Sony won't promote them (unless they're produced by Dr Luke). Either way though, this still sucks and I too feel sorry for Kesha.
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maccrash

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this is honestly one of the most absurd things I've ever heard. I can't wrap my head around how she could possibly be legally obligated to work under someone who abused her. it's just ridiculous. hope this all ends up working out.
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Hikamaru

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This is just horrific, and while I'm not a huge Kesha fan I do feel sorry for what she's been going through. I really do hope she can get justice eventually and be free from him.
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Logan

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This is truly disgusting, how he hasn't been put away let alone having to work for him just makes my mind boggle.

Sydian

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I'm horrified by this. I love Kesha and her music. She's someone that (indirectly, of course) helped me through a terrible time in my life and seeing her go through this muk upsets me so much. Eight psyducking albums? Seriously? It's sickening. I thought she had a good chance of winning this case and to see it go this way is appalling. Have you guys seen the pictures of her after the ruling? I can't even describe the look on her face. It's just so upsetting.
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tonbo

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i can't even imagine what it would feel like to have to write eight albums worth of music with a guy that's repeatedly assaulting you. and the fact that a court is all good with that is just bullmuk. i hope something gets sorted out for the poor girl soon...

Bay

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Have you guys seen the pictures of her after the ruling? I can't even describe the look on her face. It's just so upsetting.
Its nasty and its disgusting that they are making her work with a guy who abused her repeatedly. Its even worse when you see pictures of Kesha after the courtcase.
I've seen the pictures on Tumblr and Twitter and yeah you can tell this is pretty devastating for her. Not sure if there's anything else I can add except saying again you can't help but feel bad for Kesha.
Miles Edgeworth
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So there's absolutely no evidence whatsoever, nothing, and somehow this is a bad result? I guess I should't be surprised as the whole innocent until proven guilty concept doesn't apply to rape cases. Especially on the internet.

The sexual and verbal abuse case is still ongoing. If her claims are truth then let's hope she finds a way to prove it. If she's lying then let's hope that an innocent man's life isn't ruined because a soggy eyed celebrity doesn't like him. I'm not meaning to sound insensitive here but none of us know the full story [or any of it really], the fact that Die Young is a proper choon shouldn't sway our opinions.
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Her testimonial of abuse at his hands so far has been anecdotal, and even if she managed to prove that he was abusive, she's contractually bound to Sony, not Dr. Luke. Furthermore, she can apparently work with other producers under Sony's label, but her response was a baseless claim that Sony wouldn't promote her music if she did so. It seems like a desperate attempt to get out of a contract that she believes is unfair, which is hardly new for the music industry.

Why exactly is everyone taking her side? Is it because Dr. Luke just looks like a creepy old dude?

Elysieum

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I too find it odd that the majority of this thread so far is immediately in her corner. Could Kesha present evidence to support her claims?

I imagine Shirley Kornreich did not have much of a choice but to give that ruling. Laws exist to protect companies such as Sony from losing a lot of money if a singer chooses to break a contract. I don't claim to know much about this case (or Kesha, for that matter), but it is correct that such a company is protected against claims of abuse.
Seen May 29th, 2017
Posted March 12th, 2017
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Sanity was way off as soon as the courts swayed in Dr. Luke's favour, but that's just me.
Not really, you cannot take up anecdotal evidence in the court of law because you would have no proof of it being a lie. The exception of course, is if there is evidence to go with it. Kesha has done nothing to prove Luke has done this, so her anecdotal evidence means nothing in the court of law. But you know, most people have to use emotions over reason nowadays and we have to believe which one makes the best drama.

What Kesha has tried to do in my eyes is try to ruin the guy's life. I see no reason why attempting to abuse the court system for life ruination isn't punishable by law, so unless she brings up proper proof that she was sexually and physically abused, she in my eyes is worthy of jail time.
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Interesting. I advice you to look into this before commenting further. There's about 10 years of things to take into account. Enjoy
Take into account? She literally is only using anecdotal evidence to back her claims and nothing more. That's like me calling an essay with only anecdotal claims a research paper and not a persuasive essay. It simply cannot work and unless she gives fundamental proof to her claims; Luke shouldn't be charged for something he may not have done.

Elysieum

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It's worth pointing out that, if indeed some abuse had taken place and spanned over 10 whole years, there must have been some level of complacency on Kesha's side. Why put up with it for so long? A sensible person would pull the plug on that relationship at the first incident of abuse.
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It's worth pointing out that, if indeed some abuse had taken place and spanned over 10 whole years, there must have been some level of complacency on Kesha's side. Why put up with it for so long? A sensible person would pull the plug on that relationship at the first incident of abuse.
Because that's how it works. :)
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It seems very hard for people to wrap their heads around abuse and the effects of it, and instead polarise everything into black and white. It's cool a guess, ignorance lives on somewhere :)
It's not really ignorance when it's been 10 years and there's still no evidence. Obviously someone has to be lying. The anecdotes are meaningless.

Bay

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It seems very hard for people to wrap their heads around abuse and the effects of it, and instead polarise everything into black and white. It's cool a guess, ignorance lives on somewhere :)
Yeah what worries me with some of the responses here are how those that said, "Why Kesha didn't end this abuse sooner" are on Luke's side and not thought about what it's like to be in the abused person's shoes. Whether it be a few weeks or ten years, it's not that simple to leave and call out.
Miles Edgeworth
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It seems very hard for people to wrap their heads around abuse and the effects of it, and instead polarise everything into black and white. It's cool a guess, ignorance lives on somewhere :)
I think it's cute how you're calling someone else ignorant when you're the one that insists on prosecuting someone based on anecdotal evidence. The U.S. legal system isn't designed around giving the benefit of the doubt, it's designed around physical evidence, and while that may hurt some legitimate victims, it's better than the alternative you're asking for where people can be jailed for baseless claims. If Kesha wants to escape Dr. Luke and her contract, she absolutely needs to provide evidence of abuse, because no court in the country is going to take stories of 5+ year old memories seriously if they're not substantiated.
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Yeah what worries me with some of the responses here are how those that said, "Why Kesha didn't end this abuse sooner" are on Luke's side and not thought about what it's like to be in the abused person's shoes. Whether it be a few weeks or ten years, it's not that simple to leave and call out.
It is quite simple to call out if it has been 10 years long and all she has is baseless claims. Unless she provides evidence to support her claims, I will be on Luke's side because people should not be sent to jail on a baseless claim with no evidence nor will I respond well to someone who will try to abuse the court system to try and hurt someone's career and life. I've seen too much of it and this "Think of the Children!" and "Would you please think about her emotional outcries!" only points to many people in this thread wanting people to be sent into the slammer because someone decided to ruin their life by claiming abuse with, again, no evidence.

Call me unsympathetic and un-empathetic all you want. This kind of muk has affected my family negatively and many people negatively, such as Gregory Alan Elliott who's life was ruined because two people decided to claim harassment when there was ABSOLUTELY no evidence of said harassment. It took years before he was finally tried and found innocent; the same shouldn't happen here because of the plight of an "abused" 28 year old with baseless claims and no evidence

Kanzler

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Could it be that abuse has little effect on ending a contract? They seem like separate issues. She may or may not be successful with her suit for the abuse, but that might not reflect any kind of success with her suit over the contract.

What is legally at stake here? Does anyone know many suits does Kesha have right now, with whom, over what? That might illuminate what may or may not be possible for her to achieve.

EDIT: I just read that Kesha's contract is with Dr. Luke, not with Sony. I don't see how a suit with Sony would impact the contract which Sony is not a party to.

EDIT2: Irreparable harm as it's quoted in the media likely does not mean what you are lead to believe from those articles where the phrase is taken out of context. The irreparable harm claimed by Kesha is that she cannot work with Dr. Luke (and no amount of reparations can change or remedy that, obviously). But Dr. Luke's lawyer disputes that because apparently she's under no restriction to work with Dr. Luke, there's no point to grand an injunction to allow her to do something she's apparently already able to do (not work with Dr. Luke). Apparently Sony came out and said that they have no issue with her not working with Dr. Luke.

I'm going through the court documents now and you can too here: link.