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== Conflicts between members == === Royalties lawsuit === In the late 1990s, former band members discovered they were being underpaid in terms of royalties from [[Alternative Tentacles]]. East Bay Ray, Klaus Flouride, and D. H. Peligro claimed that Jello Biafra had conspired to pay them lower royalty rates and then attempted to disguise the precise nature of the money owed. Biafra claimed that the failure to pay these royalties was an accounting mistake.<ref>{{cite web |quote=Biafra concealed from the other Decay Music partners an underpayment of royalties (totaling over $110,000, with interest) by ATR to Decay Music dating back to 1989. When, in early 1998, ATR's then-General Manager, Kristin Von Till, brought the underpayment directly to his attention, Biafra hid the indebtedness from his partners and embarked on a course intended to prevent them from learning or confirming that ATR owed Decay Music these monies. |url=http://www.deadkennedysnews.com/news082802_2.htm#f |title=Biafra's Deception About Underpayment of Royalties. |access-date=February 21, 2012 |archive-date=February 21, 2010 |archive-url=https://web.archive.org/web/20100221012811/http://www.deadkennedysnews.com/news082802_2.htm#f |url-status=live }}</ref><ref>{{cite web |url=http://www.punknews.org/article/48637/interviews-jello-biafra |title= Punk News Network Interviews: Jello Biafra |publisher= | website= punknews.org |date=August 24, 2012 |access-date=August 25, 2012 |archive-date=August 9, 2014 |archive-url= https://web.archive.org/web/20140809234938/http://www.punknews.org/article/48637/interviews-jello-biafra |url-status=live }}</ref> In 1998, the other three members of the band sued Biafra over these allegedly unpaid royalties. A jury ruled in their favor in May 2000, finding Biafra and Alternative Tentacles "guilty of [[malice (legal term)|malice]], oppression and [[fraud]]".<ref>{{cite web|url=http://www.blabbermouth.net/news/jello-biafra-gets-shot-down-by-dead-kennedys/|title=Jello Biafra Gets Shot Down By Dead Kennedys|date=June 19, 2003|work=blabbermouth.net|access-date=February 4, 2017|archive-date=February 2, 2018|archive-url=https://web.archive.org/web/20180202190146/http://www.blabbermouth.net/news/jello-biafra-gets-shot-down-by-dead-kennedys/|url-status=live}}</ref> Malice was defined for the jury as "conduct which is intended to cause injury or despicable conduct which is carried with a willful and conscious disregard for the rights of others".<ref name="bs1">{{cite web |url=http://mi2n.com/press.php3?press_nb=17130 |title=Dead Kennedys Plan New Archival Releases Following Judgement Against Former Lead Singer Jello Biafra |publisher= | website= Mi2n.com |date= January 16, 2001 |access-date=June 13, 2011 |archive-date=May 26, 2011 |archive-url= https://web.archive.org/web/20110526185731/http://mi2n.com/press.php3?press_nb=17130 |url-status=dead }}</ref> Biafra's appeal was denied in June 2003; he had to pay the outstanding royalties as well as punitive damages,<ref name= Verdict2003>[http://www.phillaw.com/casepdfs/Dead%20Kennedys%20Superior%20Court.pdf Dead Kennedys v. Jello Biafra Verdict], Cal.App.1 Dist., 2003 A094272. {{webarchive|url=https://web.archive.org/web/20120227000532/http://www.phillaw.com/casepdfs/Dead%20Kennedys%20Superior%20Court.pdf |date=February 27, 2012 }}</ref> and was forced to hand over the rights to the majority of Dead Kennedys' back catalogue to the Decay Music partnership.<ref name= Verdict2003 /><ref name=":0">{{Cite magazine |last= |first= |last2= |first2= |date=13 July 2004 |title=Biafra Drops Suit Against Ex-Bandmates |url=https://www.billboard.com/music/music-news/biafra-drops-suit-against-ex-bandmates-67364/ |access-date=13 December 2022 |magazine= Billboard |language=en-US}}</ref> This dispute caused minor waves within punk circles. Biafra claims that East Bay Ray had long expressed displeasure with Alternative Tentacles and with the amount of money he received from them, thus the original incentive for the discovery of the back payments. It was found out that Alternative Tentacles was paying Dead Kennedys less per CD than all the other bands, including Biafra himself, and not informing his other bandmates, which was the fraud. Biafra accused the band of wanting to license the famous Dead Kennedys song "[[Holiday in Cambodia]]" for use in a [[Levi's]] jeans commercial, which the band denied.<ref name="morphizm.com">{{cite web |url=http://www.morphizm.com/recommends/jello2.html |title= 'I'm Not an Ad Man:' Interview with Jello Biafra (con.) |publisher= | website= Morphizm.com |access-date=February 7, 2013 |archive-date=December 21, 2011 |archive-url= https://web.archive.org/web/20111221051249/http://www.morphizm.com/recommends/jello2.html |url-status=live }}</ref> However, an instrumental loop from "Holiday in Cambodia" was part of the 1981 [[black comedy]] feature film ''[[Neighbors (1981 film)|Neighbors]]'', though it was not included on the soundtrack. The band maintains that the Levi's story was completely fictitious and invented by Biafra to discredit them.<ref name=":0" /> === Disputes over new commercial activities === Matters were stirred up even further when the three bandmates invited Jello Biafra to "[[wikt:bury the hatchet|bury the hatchet]]" in the form of a band reunion. Jello Biafra felt it was unprofessional because no one contacted him directly. In addition, Biafra was dismissive of the reunion, and having long expressed his disdain for nostalgia and rock reunion/oldies tours in particular, argued that the whole affair was motivated by greed.<ref name="morphizm.com" /> Several DVDs, re-issues, and live albums have been released since the departure of Biafra most recently on Manifesto Records. According to Biafra, the live albums are "cash-ins" on Dead Kennedys' name and his music. Biafra also accused the releases of the new live material of having poor sound quality. Furthermore, he has stated he is not receiving any royalties from the sale of any Manifesto Records releases. Consequently, he has discouraged fans from buying any Dead Kennedy reissues. The other band members denied Biafra's accusations regarding the live releases, and have defended the mixes as an effort of hard work. Biafra dismissed the new group as "the world's greediest karaoke band." Nevertheless, in 2003, [[Klaus Flouride]] said of performances without the band's former frontman: "There hasn't been a show yet that people didn't really like."<ref>{{cite web| url= http://www.citizinemag.com/music/music-0309_klausflouride.htm |title= Interview with Dead Kennedys' Klaus Flouride| website= citizinemag.com| archiveurl= https://web.archive.org/web/20110608062512/http://www.citizinemag.com/music/music-0309_klausflouride.htm |archivedate= June 8, 2011 |first= Klaus| last= Flouride| interviewer= Mark Prindle| date= September 1, 2003| access-date= }}</ref> Biafra further criticized them for advertising shows using his own image taken from the original 1980s incarnation of the band, which he labeled as false advertising. He attacked the reformed Dead Kennedys in a song called "[[Those Dumb Punk Kids (Will Buy Anything)]]", which appears on his second collaboration with sludge metal band the [[Melvins]], ''[[Sieg Howdy!]]'' Biafra told an audience at a speaking gig in [[Trenton, New Jersey|Trenton]], [[New Jersey]], that the remaining Dead Kennedys have licensed their single "Too Drunk to Fuck" to be used in a rape scene in a [[Robert Rodriguez]] movie. The reference is to a lounge cover of the song, recorded by the band [[Nouvelle Vague (band)|Nouvelle Vague]], played during a scene in the ''[[Planet Terror]]'' segment of ''[[Grindhouse (film)|Grindhouse]]'', although no rape takes place, and in fact the would-be rapist is killed by the would-be victim. The scene in ''Planet Terror'' has would-be rapist, "Rapist No. 1" ([[Quentin Tarantino]]) order one-legged stripper "Cherry Darlin" ([[Rose McGowan]]) to get up off the floor and dance. At this point Tarantino hits play on a cassette recorder and Nouvelle Vague's cover of "Too Drunk To Fuck" plays. Biafra, disapproving of the situation, later wrote, "This is their lowest point since Levi's... This goes against everything the Dead Kennedys stands for in spades... The terrified woman later 'wins' by killing Tarantino, but that excuse does not rescue this at all. I wrote every note of that song and this is not what it was meant for.... Some people will do anything for money. I can't help but think back to how prudish Klaus Flouride was when he objected to H. R. Giger's painting on the "[[Frankenchrist]]" (sic) poster, saying he couldn't bear to show it to his parents. I'd sure love to be a fly on the wall when he tries to explain putting a song in a rape scene for money to his teenage daughter... The deal was pushed through by a new business manager the other three hired."<ref>{{cite web| url= http://www.alternativetentacles.com/news.php?page=3&news_section=JELLO&window_size=15&sd=iIdfyzSpZwkE0A3pVRu |title= Greedy ex-DKs okay song for rape scene in new Tarantino Movie| website= alternativetentacles.com| archiveurl= https://web.archive.org/web/20160312232417/http://www.alternativetentacles.com/news.php?news_section=jello&page=3&sd=iidfyzspzwke0a3pvru&window_size=15 |archivedate= March 12, 2016 |date= March 15, 2007| publisher= | access-date= }}</ref> The reformed Dead Kennedys followed their court victory by releasing reissues of all Dead Kennedys albums (except ''[[Fresh Fruit for Rotting Vegetables]]'', to which they did not have the rights until 2005), releasing several new archival concert DVDs, and licensing several songs to ''[[The Manchurian Candidate (2004 film)|The Manchurian Candidate]]'' remake and the ''[[Tony Hawk's Pro Skater]]'' video game. [[East Bay Ray]] claims he received a fax from Alternative Tentacles purporting Biafra approved the licensing for the game.<ref>{{cite web| url= http://www.deadkennedysnews.com/images/tonyhawk.jpg |title= Fax from Uli Elser| first= Uli| last= Elser| date= May 5, 1999| website= deadkennedysnews.com| archiveurl= https://web.archive.org/web/20070729125446/http://www.deadkennedysnews.com/images/tonyhawk.jpg |archivedate=July 29, 2007 | access-date= }} Elser was previously a manager of Alternative Tentacles.</ref> The band claims on their website that they still pay close attention to an [[anti-corporate]] ideology, despite performing on September 5, 2003, at a festival in Turkey that was sponsored by [[Coca-Cola]], noting that they have since pulled out of a show in Los Angeles when they found that it was being sponsored by [[Coors Brewing Company|Coors]]. However, Biafra claims the previous licensing deals prove otherwise.<ref>{{cite web| url= http://www.deadkennedys.com/news.htm#100605 |title= DKs Pull Out of 'Waking the Dead' Show| archiveurl= https://web.archive.org/web/20060216103405/http://www.deadkennedys.com/news.htm#100605 |archivedate= February 16, 2006 |website= DeadKennedys.com| date= October 6, 2005| first= | last= | publisher= | access-date= }}</ref> In a May 2025 interview with [[Guitar World]], [[East Bay Ray]] discussed a potential reunion with Jello Biafra saying that he and [[Klaus Fluoride]] were open to a reunion however it would never happen and that Biafra was to blame. He said that over the years lucrative offers such as one in 2017 from [[Riot Fest]] were proposed to the band but Biafra was against it. “It’s not an issue for me or Klaus. It’s Biafra that turns down any offers for us to do something; we don’t have any problem.” East Bay Ray went on criticize Biafra's post Dead Kennedys career and how Biafra took credit for writing most of the band's songs in which he took exception to Biafra's claims by saying “We actually wrote as a band, where in effect, due to the chemistry between us, it was a case of two and two equaling five. None of us has had a solo career that was bigger than Dead Kennedys, which, to me, shows the power of a bunch of talented people getting together and creating something that was far greater than the sum of its parts. Jello didn’t bring in the songs. I know he’s created the myth that he wrote them all, but the question here is that if he did, why didn’t he ever do anything significant after leaving the band?,” adding, “[[Iggy Pop|Iggy]] left [[the Stooges]] and had a career; ditto [[Lou Reed]] with [[the Velvet Underground]] or [[Morrissey]] with [[the Smiths]]. Where’s Biafra’s solo career with a bunch of great songs? The songs were written in numerous different ways. “Holiday in Cambodia” started as a jam in the rehearsal studio” he said.<ref>{{cite web |title=Dead Kennedys’ East Bay Ray: Jello Biafra Won’t Reunite With Us Despite Lucrative Offers |url=https://consequence.net/2025/05/dead-kennedys-jello-biafra-wont-reunite/?fbclid=IwZXh0bgNhZW0CMTEAAR43ZRsml_c4QMnJl9l_jFfYf8k-pRkAIMWPeRuOQjgnY0iaVCU783wwOHt4cQ_aem_xRDdYh9x3cmG2HR0n-aMvA|website=Consequence | date=May 7, 2025 |access-date=May 8, 2025}}</ref> Biafra, in a 2012 interview with the ''[[Tampa Bay Times]]'', stated he was not happy with the current direction of his former bandmates, nor did he want to restart the Dead Kennedys for [[nostalgia]] purposes: <blockquote>"We haven't talk in a dozen years. In their hearts they've become [[Republican Party (United States)|Republicans]] and I just wouldn't do something like that unless we can bring back the real thing. In a way getting me back into the band would be their worst nightmare, like make them rehearse. When people tell me that I owe it to the fans to regurgitate nothing but old music with the people I used to play with, that's totally the opposite of what punk and Dead Kennedys means to me. The true spirit of the whole thing is to keep going, keep moving and make more new stuff. Nobody was more cynical than the original punks about nostalgia and retro because of all the rage on TV and people started to get nostalgic in goofy ass ways for the sixties and they were thinking, ''Yeah, that will never happen to us. That's not what I'm here for, sorry. It's not as if the people who come to the Guantanamo School of Medicine shows wanting nothing but old Dead Kennedys songs don't leave with a smile on their face once they've heard the new songs. It's not like I've forgot how to write this shit."<ref name="TBT">{{cite web |last1=Spears |first1=Steve |title=Jello Biafra talks about Dead Kennedys reunion |url=https://www.tampabay.com/content/jello-biafra-talks-about-dead-kennedys-reunion/2058581/ |website=[[Tampa Bay Times]] |access-date=May 13, 2025 |date=August 24, 2012}}</ref></blockquote>
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