Giddy with Croom-fever, I’ve still been watching the Kindercore meltdown, which has resulted in Dan & Ryan (the good guys) filing a lawsuit. Pitchfork has been covering the matter with its usual caustic (and hilarious) tone.
Still, I’m too much of a nerd to let that “promissory estoppel” joke run by.
So my letter to Jonah, the news editor:
Jonah,
I’m sure you’re fielding a dozen or so indy-rocker lawyer/law student comments on “promissory estoppel.” Here’s another, I suppose, and please feel free to forward it to [the author of the article]:
The Cornell online library is always good at definitions, and they don’t fail here -it’s “[t]he doctrine allowing recovery on a promise made without consideration when the reliance on the promise was reasonable, and the promisee relied to his or her detriment.”
So it’s not quite “supposedly promising . . . all kinds of money [people] didn’t end up getting.” It’s more like . . . well, let’s say you tell me how much you love the Ataris, okay? And I say, Jonah, AWEXXXOME, I do too, I’ll take you to Hot Topic this afternoon and we’ll both buy copies of their new album, on fine purveyor Columbia.
Really? You say. You’ll do that? Sure, sure I will, I respond. So you take off work early and wait for me on the corner.
And I never show up—and you lost the one or two hours you missed working at Pitchfork, at what, fifty bucks an hour? I know you guys rake in all the cash. While we didn’t have a proper contract—you didn’t give me five bucks to pick you up and head to Hot Topic—you RELIED on what I told you, and lost money in the process. In other words, I ripped you off, and Mr. Courtsystem, will you please fix that?
It’s an “equitable” doctrine—one born out of bringing equality back to the parties.
Love,
Gorjus
This morning, I received the following missive:
Hey Gorjus,
thanks for the info, it is interesting and helpful. And informative. And legalistic. No, seriously, thanks. I never would have caught the things you were talking about because I am way to busy buying gold fronts with all my Pitchfork dough. I am going to forward this to Rod. I am sure he will appreciate. Maybe you can tell all the young female indie rock lawyers you know that a poor news editor is single and lonely. Who am I kidding, the tail I snag from the ‘Fork is ridiculous. Kidding again. OK, thanks for the note.
Jonah
Why did I even attempt to spar? In less ego-trampling matters, you can help out Dan and Ryan in managing the costs of their suit by having a show in your town or by donating directly. Please do it—I’m going to—and they need the help.
re: “Pitchfork has been covering the matter with its usual caustic (and hilarious) tone.”
Pitchfork is funny as hell at times, but my beef is that sometimes i’m wondering what’s fact and what’s somebody’s ultra-ironic sense of humor.
Well, part of the problem with them, too, is that people are actually afraid to send them real news besides tour dates because of the way that they eviscerate people sometimes. Oh, and their reviews seem to be getting worse and worse! I don’t even understand some of them sometimes…and not because they’re erudite or anything.
Oh, by the way, I know Jerod Gunsberg and I know that he’s not a money-grubbing asshole. He’s really nice and was really only doing it for the music, in my opinion. Dan and Ryan should focus their whole lawsuit on Hartman, in my opinion.