(idm) Orb acetate & mark walker

From NukeNoodls
Sent Thu, Jun 11th 1998, 13:32

sorry for the intrusion on this list, but i feel it necessary to present my
point of view in this matter. i am the person who bought the acetate. 

i welcome any personal mail on this matter from anybody who may have something
to help my case, as it appears mark and i are going to litigate over this. 

i would appreciate it if somebody could email me all the IDM digests that
contained posts related to the orb acetate thread, or any digests from around
the time the acetate was offered for auction in mid april. i can't seem to
find the digest archive if it exists. thank you.

chris (xxxxxxxxxx@xxx.xxx)


mark wrote:

> as for the orb acetate thread; a really big fuck you to all those who poked
> their noses in where they weren't wanted. a really big thanks to all those
who,
> both privately & publicly, have supported me.

> the acetate has only 1 [yes, only 1] orb/u2 remix on it. the other side is
the
> bandulu remix of assassin. [so now all of you can email everyone you know ;)
]

i was not informed about this truth prior to purchasing the acetate, nor has
mark admitted it to me personally after the sale. i'm reading it here for the
first time. i was lead to believe i was buying an acetate containing 2 remixes
of U2's Numb done by alex patterson. the above admission proves what i have
already learned to be true. in light of this, mark should back up his claim of
being reputable and refund my cash.

> the acetate was prepared by alex patterson to dj with. the dat, as far as i
> know, has been destroyed. in retrospect, the said item was slightly
> misrepresented when advertised; although this was not intention! it was an
> error. i discovered this recently. [btw - acetates are usually only one-
sided]

i say that it is more than a slight misrepresentation. intentional or not, it
doesn't change the fact that i didn't get what i bid for and paid to receive.
period. 
i don't understand how this could happen as mark appears to be knowledgeable
about the orb's music. should i be required to keep it because he made an
"error"?

> the guy still has 1 of 2 acetates with the orb's remix of u2's track;
something
> totally unique that no other u2 or orb fan has, or will ever have.

there probably are 2 numb remixes in existance, since the version on this
acetate says mix 2. but again, i was supposed to get 2 numb mixes on this
acetate.

> i believe 1 minor problem is that he only got 1 remix instead of 2; 

major problem. i got half of what i paid for.

> although i'm 
> also convinced the REAL reason is that he doesn't like the remix. 

that's his opinion, and it's false. i have never stated that i didn't like the
mix. i did say "i think anybody who knows u2's music and heard this would be
hard pressed to believe this is a u2 song in any form". i can live with the
fact that it doesn't sound like the u2 song at all, but i can't accept that
mark sold me this acetate as being 2 numb remixes and receiving 1 numb remix
and one orb remix. 
in addition, he claimed the condition of the disc was "perfect mint
condition". it's not, but i didn't honestly think it would be. close to mint
would have been nice though.
originally he stated he got the acetate from alex, and when i asked for a
refund i was then informed that he was selling the acetate on a friends
behalf. one of these statements is apparently a lie.
at first he said he would organise a refund, then he renigged the next day
stating i received what i paid for.

>@ least his
> taste is in line with that of u2!

> if the acetate did have another remix on it, he probably still wouldn't
like,
> thus; i'd be in the same situation :) 

again, his opinion, however it's also false!! we wouldn't be in this situation
if he had not misrepresented this acetate. had i received what he claimed to
be selling, i would have little or nothing to complain about. i had trouble
believing they were both mixes of numb when i played it, and he reassured me
they were. i investigated further on my own and i found out that one of them
wasn't. my problem is with not receiving what he advertised and i paid for.

> oh, for the joys of selling records on the
> net! catch fuckin 22. 

as an experienced dealer/collector myself, i would certainly do something to
rectify the situation if i was mark. i've never had the misfortune of being in
a situation like this with one of my customers, but i would gladly refund a
dissatisfied customer for any reason to avoid bad publicity. you are only as
good as your reputation, and if you aren't reputable you shouldn't be in this
or any other business.

> i may well see this through a court. it will be really
> interesting to see what happens!