June 02, 2017 04:17 PM
A sound engineer who released previously unpublished Prince tracks is asking a federal judge for permission to file a motion to reconsider an injunction barring him from distributing the EP "Deliverance" and single with the same name.
Ian George Boxill's legal team sent the request to U.S. District Judge Wilhelmina Wright Tuesday, stating that "compelling circumstances exist," which the court did not address regarding a contract with the late pop star.
The lawsuit was filed by Prince's estate and Paisley Park just days before the one-year anniversary of Prince's death. The crux of the lawsuit was a confidentiality agreement signed by Boxill.
On Monday, May 22, Wright issued a preliminary injunction saying Boxill and his label RMA couldn't publish unreleased tracks until the dispute is resolved. She also barred them from using Prince's trademark to sell or promote "Deliverance." Prior to that, Wright issued and extended a restraining order against Boxill.
Now, the defense is arguing that Prince knew in 2006 that Boxill was in possession of the recordings, and therefore, "Plaintiffs cannot request that Boxill perform services that violate the Agreement; and then sue him for providing those very services," the letter read.
The defense also claims the six-year statue of limitations for the breach of contract claim has expired, and these details were not considered in the May 22 decision.
The songs were available on Apple Music for a few hours before they were taken down. The songs were also available for purchase on a separate website, but it also was taken down.
Prince did of an accidental opioid overdose in 2016.
Updated: June 02, 2017 04:17 PM
Created: June 02, 2017 02:40 PM
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