First there was Black Flag, then there was Rollins with Black Flag, then Keith founded the Circle Jerks, then he got mad and formed OFF!, then Black Flag got back with original founder and SST owner Greg Ginn, then Morris got mad again and formed FLAG, and now Rollins and everyone are getting the living shit sued out of them. So, the question remains, exactly who is the asshole in this whole saga?
It's a crazy story, but in a nutshell this whole Black Flag thing isn't about budding egos, it's about money and what happens when a band becomes a commodity. While this may seem odd and out of context for many punk rockers, when a band reaches a measure of success things not only become complicated, they often become disgusting and horrid. Greg Ginn is suing the members of the newly formed FLAG and also Henry Garfield (aka Henry Rollins) for using his property without his consent. According to Ginn and his lawyers, Rollins and Morris fraudulently sent in trademark applications claiming to be the proprietors of the Black Flag name and logo and stated they have "been actively been performing as Black Flag since 1978." Their proof of this? Bootleg SST T-Shirts. In essence, they tried to trademark something that Ginn and SST Records claim to own which, in the United States, actually is illegal and a pretty asshole move if it's the factual case.
The lawsuit (which can be viewed in full here: http://www.hollywoodreporter.com//sites/default/files/custom/Documents/ESQ/SSTRecordsvRollins.pdf) is full of jargon that bluntly states that Ginn essentially is Black Flag and that he and his label own it. In a very KISS manner, Ginn boldly claims that Morris was merely a footnote in the history of the band and that Rollins was nothing more than a singer for hire for five years. Ginn's legal point aside, he comes across as bitter about not cashing in on the creativity of these "footnotes." Those new Black Flag songs, by the way, are so fucking terrible they aren't even mentioned in this article.
Why would Rollins and Morris do this? They must be the assholes! Well, that's where it gets a little trickier than you may expect. Again, according to Ginn, these two assholes simply want to trademark the bars, logo, and name for royalty money. You see, these Black Flag shirts sell for a pretty penny and Mr. Ginn doesn't want these robber barons getting a larger chunk than what is owed to them, plain and simple. Recent witnesses to FLAG shows will see them selling shirts with the "uneven bars" logo, the very logo that Ginn and team are trying to get a trademark cancellation of.
But that's just one side of the story...
According to Keith Morris, he claims he and his fellow FLAG members have done nothing wrong and refuse to be "bullied" by Ginn and his SST goon squad. He has not, however, commented on his alleged fraud or explained just how what he has done is not illegal. It's fine to call Ginn a rock star goon who is greedy and power hungry, but Keith may need a better defense in court.
But neither Morris nor Garfield the Cat are at the center of this controversy, at the center is Chuck Dukowski. In 2007 after Dukowski filed a lawsuit against SST for lack of royalty money for his part in the Black Flag discography, Dukowski settled out of court with Ginn and agreed to "never perform under the Black Flag name ever again." This ominous warning from Ginn who, quite frankly, sounded a little bit like an asshole there, went unheeded and thus FLAG was born. It may not be Black Flag, but if it looks like a fish and smells like a fish, Ginn and company will surely make it a point to flush it down the shitter!
FLAG
So what does this all mean? Whose the asshole here? The fact of the matter is that everyone involved is a bit of an asshole, but surely Ginn has to outdo everyone by being the biggest one of them all. The fact is that Morris and Rollins have not been using Black Flag since 1978, the band is over and not a part of their current musical projects. So, in a nutshell, their attempt to get one past the trademark office was not only foolish, it was downright bold. As for Ginn, he is obviously motivated by nothing more than capitalism. For better or worse, Black Flag is a product to be sold and there are plenty of hungry customers. Morris and company may seem to be harmlessly cleaning the house, but the problem is they're using a vacuum cleaner that doesn't belong to them and the guy across the hallway is a HUGE asshole. I support FLAG because I love the passion and enthusiasm Dukowski and Morris have for the tunes. Although I understand legally where Gregg Ginn is coming from, his attempt to quell the momentum of the FLAG project is motivated by greed and will most likely be he and his label's downfall. Not that I care too much, it will mean one less asshole everyone has to deal with.
- Joe