averagejoe_1031

Hi everyone,we just wondering what happened to David Ellefson?I heard
something about him wanting to sue Dave Mustaine

drbaht

Yes, there is a lawsuit. The lawsuit is frivolous and nothing should really
come much of it. I think that Ellefson wants more money over the recent
remasters.

Basically, Mustaine is finally taking the advice that he has been given over
the years by producers and engineers alike. Evidently, Ellefson is not the
most steady of bassists and would spend a lot of time attempting to get a solid
take in the studio.
I think that Mustaine not offering a shot to work on the last Megadeth disc has
just pissed him off.

Why, you don't actually miss his playing when you listen to THE SYSTEM HAS
FAILED, do you?

averagejoe_1031

Thanks for the info,and no I can't say I miss his bass playing on the
new CD,was just wondering what happened to him,and by the way I think
the new CD is a great

positively godberg

He got his head stuck up his bum and Dave refused to pull it out
again.

theglarb

It sure is.

Even though it is hard to swallow that the rhythm section also worked on Faith
Hill's last cd. Or that the bassist also played with Wynnonah Judd. Or that
the drummer has played on the last four Sting discs, or that he worked with
Barry Manilow and Barbara Streisand. Or that they both played on Jewel albums.

I guess the only thing that matters is that they are both awesome on The System
Has Failed, and they have helped Mustaine make the most well rounded disc of
his career so far.

Last thing, is it true what I read on another post that it only took three days
for the drummer to record his parts?


GLARBAGE

gareth j m saunders

David Ellefson is currently working with his new project called F5 -- more
details at http://www.f5theband.com/index.htm including a new song download.

You can read Dave's view of events with David Ellefson on the Megadeth forum
at http://forums.megadeth.com in the "Dave Speaks" section. In fact, why
don't I post it here for you great guys!...

<QUOTE>

Droogies!

So, here is why Ellefson is not in Megadeth any longer.

After I found out that I had to make a Megadeth record instead of a Mustaine
record, I contacted the "RIP" lineup to make the record.

I was going to still use Vinnie Colaiuta and Jimmy Lee Sloas to make the
record, and then bring it out to Phoenix to save me the hassle of rehearsals
with everyone, pre-production, the plodding pace of studio time with these
guys, since I don't really know Nick's current ability anymore, and have
watched the last three records producers say, "Get a session bassist in for
Ellefson."

I told Nick what I was going to do simply, and he didn't need a lot of
details. He just wanted to play with me again. I offered Nick cash, a set
percentage of the record, and told him the salary that I was going to offer
him if we ever did shows again. He accepted, no questions asked.

I told Marty what I was going to do and he wanted to know what the recording
budget was, what the recording fund was, what the marketing plan was,
touring plan was, and so on, because he had worked so hard to get his career
going in Japan with his J-pop that he didn't wanted to do this half-assed.
Somehow, he missed that I said it was just a record and that it was not a
reunion. I offered Marty cash, a set percentage of the record, and told him
the salary that I was going to offer him if we ever did shows again.
Communications stalled and I started talking to Ellefson. I still am trying
to talk to him just on principle and that he is rad and will always be part
of the Megadeth legacy.

I told Ellefson what I was going to do and he wanted to know what the budget
was, what the fund was, and what the splits were; that's it. I told him that
they were the same splits that were in force in the contract with Sanctuary,
which was that he got 20%. He then started arguing about the splits that
applied to when Jimmy and Al were there. I told him that, "I don't know what
to tell you, but Pam just got back from LA and I am going to have to get
back to you." Management called and tried to talk to him.

He wanted 35%, and they told him that, "Dave Mustaine's offer is 20%, just
like it says in the contract." They went on to say, "Look, we really want
you back in the band, but you have to be ok with things, because if you are
not, then we don't want you here. Just take some time to think about it and
get back to us." He then told him the deadline that we had set.

Ellefson blew off the first deadline and after having to fly out to LA to


we accept his 'not replying' to be his indication that he was not
interested. We also told him that we were going on without him.

30 minutes later he was on the phone saying, "Can't we work this out? I
still want to be in."

I said of course we can, but I don't appreciate him fucking around with my
patience. Tell him that the deal is the same and that he has until a
specified date to give us his answer. The second deadline.

Meanwhile, when the management had talked to him they told him that he was
really lucky that I had given him my publishing money over all of these
years and that I did not have to do this. Ellefson allegedly said, "I
agree." They went on to tell him the terms that he was asking for were out
of the question. He asked that I allow him to continue his current
commitments with Peavey and F5 to which I said, "It would be unfair of me to
expect him to forget all of the hard work that he has done in the break."

He also wanted the same salary as me and I agreed because I wasn't taking
one, although I offered him $2,500 a week while we were on the road. And I
only wanted Megadeth to have priority with his work and there not to be a
conflict of interest. He supposedly agreed to this.

And he strangely said that he knew that he wasn't entitled to any of my
publishing, but that would I give him an advance of the money that I was
going to get for myself, since he is not recouped, or not repaid with the
publishing company, nor the record company. I agreed to give him an
additional $50,000 of my own money as an act of good faith and brotherly
love.

He then disappeared until the day before the deadline and when I called and
asked my attorneys for an update, which is when they dropped the bomb on me.
They said, "Ellefson says he wants you to accommodate his schedule," which
is fine but the language was pretty aggressive. He then told me that,
"Ellefson doesn't accept your salary as a producer and . . ." and I cut him
off. I said, "forget it, tell him . . ." and he cut in and said, "I didn't
even tell you that he wanted some of your publishing again."

I was so done I couldn't stand it.

The deal was non-negotiable. The record was completely written, and there
was none of his songs on there, and wouldn't be. This was the second
deadline that was passed when he did not accept my offer.

He then said that I made him "an unacceptable and offensive offer." Which
was the first time either one of us had spoken badly in the press about each
other. He drew first blood.

I told the management and legal team of Megadeth to send a letter to
Sanctuary requesting that he be taken off of the contract, to which they did
without any question.

I also asked that he be made an offer based on what he would be entitled to
of all of the money left over after the recording. Which would equal, based
on his percentage around $50,000, plus the $50,000 publishing advance from
my personal money, totaling $100,000, but that he needed to be done and have
a signed and fully executed settlement in my hands by a specified time and
date.

Now remember, he has gone to Metal Sludge and said, "I only know what he
told me," about me arm when he saw it, and said, "I never said no to Dave's
offer, and that I am ready to go," or something like that, which he has
clearly said no to.

I had every right to be mean to him, but I was not. Add to the fact that
Megadeth owed Sanctuary about $2,000,000 and that his 20% of that was
$400,000 would mean that I was going to eat his debt, and pay him to go away
a total of $500,000.

Well, the deadline came and 15 minutes later he faxed the contract into my
attorney's office, and he knew it needed to be in "my" hands, not the
attorneys. The third deadline passed.

Although I didn't have to, I accepted this third offense and said, "Now let's
take over the world," to my crew.

You can imagine all of our astonishment when we got a call from Ellefson's
attorney the next Monday, stating that Ellefson had fired his attorney, and
he was backing out of the negotiations. I was staggered by this stupidity.

Here we have a signed and fully executed document, the guy has been lying
about not saying "no" to my offer, lying about my arm, and implying that I
am greedy and cheap, on top of trying to make us all, including you Droogies
look stupid.

David got a new attorney and he sent a letter saying that "he was engaged by
David Ellefson" to basically go after Dave Mustaine and Megadeth, thereby
requiring me to hire a litigator. In other words, I am being sued.

Now you know why I don't want this guy in Megadeth anymore. Are we clear here? __________________ MSGD!
</QUOTE>

So now you know!

Gareth
Edinburgh, UK

steve

You guys are very quick to sell David out. He has been a part of Megadeth
for a long time. He is a great guy who stood by Dave through everything...

gareth j m saunders

Actually, I'm quite sad that it hasn't worked out with David Ellefson and
Megadeth -- the two Davids were legendary! I do wish David well with F5. I
emailed him recently wishing him well and got a really nice email back.
I've got nothing against the guy, and really wish he was still back in the
Megadeth fold.

That's what I think.

Gareth

evadnikufesin

I will never miss than grabasstic piece of amphibian shit..

deadmaker7

Dave Mustaine- AWESOME musician, but I hear he can be a little
difficult to get along with.