Timbaland plagiarism controversy

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The 2007 dance-pop song "Do It" performed by Canadian singer-songwriter Nelly Furtado features elements sampled from "Acidjazzed Evening", a chiptune-style track composed by the Finnish demoscene artist Janne Suni. This was considered plagiarism by some.^[1][2] Timbaland, "Do It"'s producer, admitted to sampling Suni's work, but did not believe his usage constituted "stealing", calling the allegations "ridiculous".^[3] Although users had noted the similarities between the two tracks on Finnish demoscene forums in July 2006, the Timbaland plagiarism controversy attracted mainstream attention in January 2007, when Internet users posted videos to YouTube alleging Timbaland had plagiarized Suni's work. Soon afterwards, the controversy attracted the attention of the Finnish news portal eDome, and the MTV and Rolling Stone websites, who all published articles detailing the events of the controversy.^[4][5][6][7] "Do It" was released as the fifth North American single from Loose on July 24, 2007.

The original track, titled "Acidjazzed Evening", is a chiptune-style, 4-channel Amiga module composed by Finnish demoscener Janne Suni (a.k.a. Tempest).^[8] The song won first place in the Oldskool Music competition at Assembly 2000, a demoparty held in Helsinki, Finland, in 2000.^[9] According to Scene.org, the song was uploaded to their servers the same year, long before the release of the song by Furtado. The song was later remixed (with Suni's permission) by Norwegian Glenn Rune Gallefoss (a.k.a. GRG) for the Commodore 64 in SID format—this is the version that was later used for "Do It". It was first published in a disk magazine in Australia in August 2002^[10][11] and was added to the High Voltage SID Collection on December 21, 2002.^[12]

Janne Suni posted the following comment regarding the copyright status of "Acidjazzed Evening" on January 15, 2007:

...I have never given up the copyrights of Acidjazzed Evening. I also have never authorized commercial use of the song. In 2002, however, Glenn Rune Gallefoss (also known as GRG) made a conversion/arrangement of the Acidjazzed Evening which was not released commercially. This arrangement was made on the Commodore 64 computer. It was authorized by me, and Glenn Rune Gallefoss explicitly asked for permission before releasing the arrangement.^[8]

On February 16, 2007, he added the following note:

I'll correct one persistent misconception: I have been using the services of a law firm since September 2006. Things are gradually developing behind the scenes, and whatever the result turns out to be like, I'll publish any available info here as soon as possible.^[8]

On September 9, 2007, his webpage was updated with the following information:

My case regarding the controversy has come to its closure. Just as before, I will not answer any questions about the case.^[8]

The C64 news portal C64.sk published the following comment from Glenn R. Gallefoss on January 15, 2007:

... Its my sid version that has been sampled in do-it : You can hear that by the 11 waveform bleeps I have put in at random places (only 3 voices on a sid you know), the arpeggios are using filters, I can even hear the lead using my multipulse routine (which i rarely use, but i did it on acidjazz.sid ).^[13]

On February 3, Gallefoss published the following comment on his personal web page:

Not much to tell about this matter. I have made a deal with my lawyers. Sometime in the near future, something will happen.^[14]

Hannu Sormunen, a Finnish representative of Universal, which represents Nelly Furtado in Finland, commented the controversy as follows in the January 15, 2007, issue of Iltalehti:

In case that the artist decides to pursue the matter further, it's on him to go to America and confront them with the local use of law. It will require a considerable amount of faith and, of course, money.^[4]

The first legal action against Universal Finland was officially filed with Helsinki District Court in mid-August 2007, on behalf of Glenn R. Gallefoss.

On February 2, 2007, Timbaland responded to the plagiarism accusations in an interview on the radio show Elliot in the Morning. In this interview, Timbaland admitted to what he called "sampling", but he also claimed that sampling is "not stealing", because "everybody samples from everybody every day". Timbaland also said that the sample is "from a video game" and mentioned the Commodore 64. He also said that he has no time for research and that it is sometimes impossible to "know what's public domain and what's not". Timbaland also called the issue "ridiculous" but mentioned that he is "in legal discussions" and therefore was not able to say much about it. He also called Janne Suni an "idiot" and a "freakin' jerk" on the show.^[15]

On February 9, 2007, Timbaland commented on the issue in an MTV interview:

It makes me laugh. The part I don't understand, the dude is trying to act like I went to his house and took it from his computer. I don't know him from a can of paint. I'm 15 years deep. That's how you attack a king? You attack moi? Come on, man. You got to come correct. You the laughing stock. People are like, "You can't be serious."^[16]

A device in Timbaland's studio, as seen in video clips from the MTV show Timbaland's Diary, has been identified as an Elektron SidStation.^[5] This device is a MIDI-controlled synthesizer based on the SID chip of the Commodore 64, and it is capable of playing back .sid files the way they would have sounded on the original hardware. It has been speculated that Timbaland downloaded Gallefoss' version of the song from the High Voltage SID Collection^[17] and used the SidStation for running it to the studio system.^[5]

In August 2007, an action for infringement was filed in the District Court of Helsinki against Universal Music, Ltd, alleging Nelly Furtado's song "Do It" infringed "Acidjazzed Evening".^[18][19] In January 2009, after a trial that included multiple expert and technical witnesses, a three-judge panel unanimously dismissed the plaintiff's case.^{[citation needed]}

On December 17, 2008, Abbott also testified as a witness of prosecution in the Helsinki court in Gallefoss's case against Universal Music Finland. The Finnish court reportedly threw out the case after ruling in only one aspects of the three claims (sampling, performance rights, producer rights), and the case remained in appellate court as of January 2010.^[20]

On June 12, 2009, Mikko Välimäki, who is one of the legal counsels of Kernel Records, the owner of the sound recording rights, reported that the case had been filed in Florida.^[21][22] On June 7, 2011, the case of Kernel Records Oy v. Mosley ended with the court deciding that the tune was a US work as it had been first published on the Internet and that Kernel Records had failed to register for copyright in the United States.^[23] This reversed the decision of Moberg v. 33T LLC, which decided that a photograph published online in Germany was not a US work.^{[24][25][26][27][28]} As a result, Timbaland prevailed on summary judgment and the court dismissed the lawsuit.^[29] Timbaland's attorneys in the U.S. case included noted entertainment litigator Jeffrey D. Goldman.^[30]

The earliest Internet forum posts suggesting that "Do It" was based on "Acidjazzed Evening" date back to July 2006,^[31] and according to the Finnish news portal eDome, "Suni and other demoscene hobbyists" already knew about it at this time.^[5]

One of the first large media to react to the on-line controversy was the Finnish Broadcasting Company, which published a news item on the topic on January 14, 2007.^[32]

The electronic music magazine Side-Line put a complete news round-up up on its website.^[33] Finnish tabloids Ilta-Sanomat,^[34] Iltalehti,^[35] and newspapers ITviikko,^[36] and DigiToday^[37] also published articles about the suspected plagiarism on January 15, 2007.

On January 16, Finnish news portal eDome published an article about the case saying in the English summary that:

It is beyond any doubt that Timothy "Timbaland" Mosley has directly copied large sections of Janne Suni’s songs, much more than any "fair use" would allow. Timbaland has not sampled tiny bits or effects from the song, but whole sections. This is a clear breach of copyright.^[5]

The article also covered similar cases from the past and notified that both the competition and the prize ceremony "were witnessed by the 4000-5000 people at the event. The competition and the ceremony were also shown in Helsinki area cable TV".^[5] The same day, the news reached Norwegian media, including Norwegian Broadcasting Corporation^[38] and Dagbladet,^[39] both of which interviewed Gallefoss.

On January 17, the case was reported on briefly by the Rolling Stone website,^[40] XXL Magazine,^[41] and the popular German IT news portal Heise online. Heise's story suggests that Timbaland downloaded Gallefoss's SID arrangement from the High Voltage SID Collection.^[17]

On January 18, Rolling Stone put the controversy as top news of the day with a more detailed article.^[6] Later that day the San Jose Mercury News covered the story on their blog.^[42]

On January 22, MTV took notice of the issue with a longer article and video news. It is not clear if this video news was actually broadcast or merely posted online.^[7] MTV-owned sister station VH-1 also published the MTV news story. MTV had attempted to reach Timbaland's representatives via phone and e-mail, but they "had not responded at press time".^[7]

• MOS Technology SID
• Fitts for Fight
• Dow Jones & Co Inc v Gutnick
• Moberg v. 33T LLC

• Acidjazzed Evening (MOD format, ZIP-compressed)
• "Do It" music video on YouTube
• Acid Jazz (C64 remix) (SID format)
• Collection of different sources about the issue