Phish Story: A fight on Shakedown Street left one man in stitches and another fearing for his family

Grab the merchandise, not the person — that's always been the rule. No need for anybody to get hurt. Bootlegging is a civil matter, not a criminal one, and everybody knows the deal: You make it, they may take it. Simple as that.

But the aftermath of an incident that started with a backpack full of bootleg Phish stickers has been far from simple. Before Phish had finished its three-night stand at Dick's Sporting Goods Park earlier this month, a gruesome YouTube video was making the rounds. As two men move into the frame, the one later identified as Augustine Paik is shirtless, barefoot and bleeding profusely, splashed from the crown of his head to his chest with a bright crimson that glistens in the sunlight. He and the other man, Dave Anver, tentatively circle each other. And then, after mumbling something inaudible and gesturing toward the other side of the parking lot, Paik takes a swing at Anver. Striking just a glancing blow, Paik reaches down, grabs his shirt off the ground and runs. Anver gives chase, quickly catching him and putting Paik in a headlock. That's when a few onlookers object — "Hey! Hey, leave him alone, man, hey!" — and step in to pry the two apart. As Paik moves off through the parking lot, security arrives.

Anver points out Paik to the guards, who radio for the police. Soon Paik is lying prone on the pavement with his hands behind his back, while Anver — clad in blue jeans and a green T-shirt emblazoned with a googly-eyed rendition of Felix the Cat, a Phish laminate hanging around his neck — tries to gather himself together, pulling his hair back in a ponytail. He lifts his shirt to show a guard where Paik bit him, just under his right nipple.

Augustine Paik (left) and Dave Anver in the YouTube video that sparked the outrage on Facebook. View the parking lot video.
mark manger
Augustine Paik (left) and Dave Anver in the YouTube video that sparked the outrage on Facebook. View the parking lot video.
Dave Anver circa 2001, in the days of Dave's Guns.
mark manger
Dave Anver circa 2001, in the days of Dave's Guns.

The video doesn't show Anver, who holds a third-degree black belt in karate and wound up charged with misdeanor assault, telling Commerce City police officer Chris Dickey that he was simply defending himself from Paik and trying to "do my job." That job, says Anver, is "serving federal injunctions against people for selling counterfeit merchandise," something he's been doing for the past two dozen years, and something he was being paid to do that day by Phish.

View the parking lot video on Backbeat.

*****

Bootlegging is a big business, as will be readily apparent when Furthur, the Grateful Dead offshoot, plays Red Rocks this weekend.

In the two days leading up to this year's Super Bowl in Dallas, $3.6 million in bogus merchandise was confiscated. And that's just one sport, one day. According to a recent Newsweek item, counterfeit NFL merchandise is estimated to cost the United States economy upwards of $250 million annually.

The music industry also pays a hefty toll. While illegal downloading grabs most of the headlines, the sale of unauthorized merchandise is just as big a concern. This persistent problem has vexed the industry for at least three decades, if not longer.

For all its laid-back airs, the Grateful Dead moved early to aggressively fight bootleggers. Even though he was a champion of making and sharing bootleg recordings, Hal Kant, the Dead's late attorney, devoted much of his time to going after people selling unauthorized merchandise, everyone from fans who followed Jerry Garcia and company around the country, selling homemade memorabilia to support their travels, to scofflaws selling phony T-shirts in the parking lots of the band's shows, to the makers of Ben & Jerry's Ice Cream, who eventually got Kant's blessing for their Cherry Garcia.

Phish, with its penchant for live improvisation and a dedication to never playing the same show twice, has a lot in common with the Dead. It also follows the band's template for dealing with bootleggers — and not the guys lugging around thousands of dollars in recording equipment to shows.

Although a fair amount of this activity occurs online, the bulk of bootlegging takes place in the parking lots of concerts, with opportunistic types ambling about with backpacks full of counterfeit merchandise emblazoned with the band's logo, name, likeness or other trademark-infringing items. While at more mainstream arena shows you can spot these guys a mile away, it's a lot tougher on Shakedown Street — as the makeshift open-air marketplace at Phish concerts has affectionately been dubbed.

The heart of Phish's fan base beats in the parking lot outside of its concerts. While all sorts of illicit activity occurs within Shakedown — at this month's shows in Commerce City, police issued citations for a cornucopia of violations, everything from urinating in public to more than a dozen arrests for unlawful distribution of a controlled substance — it's the bootleggers who are considered the real scourge.

Still, some items that might look like an infringement — stuff with tour dates or lyrics — are actually permissible. In a 2001 suit Phish filed against Sean Knight (aka Waldo, then of Knighthood Clothing, now of Jamgoods.com), a judge determined that lyrics were not protected and that playing off song titles in parodies, as Waldo did, could be considered fair use.

In the early '90s, Giant Merchandising, the Los Angeles-based company exclusively licensed to produce Phish merchandise, began filing motions for injunctions against bootleggers, following the tactics that other bands had used for over a decade. A few years later, Phish took over the production of its own merchandise — and had its lawyers file those federal injunctions against possible trademark infringement.

1
 
2
 
3
 
4
 
5
 
6
 
7
 
All
 
Next Page »
 
My Voice Nation Help
304 comments
Katie Nunan Connolly
Katie Nunan Connolly

I was thereand saw the whole fight..it happened exactly like Palikir said. This anver dude just lost his shit on him..glad he got arrested

whatdafuk
whatdafuk

Here comes the ambassadors, they show up one by one,And Brett is tasting all the soup to see if it doneAnd Wendy's on the window sill, waiting to be let in,And we're all in the bathtub now, making bathtub gin,And the kings storm the hallway, they've climbed up through the gate,They didn't mean to be impolite, but they just couldn't wait,Here comes the joker, with his silly grin,He carries a martini, made of bathtub gin

whatdafuk
whatdafuk

Bostjan Avsec

do the world a favor andGo kill yourself

This thread is about fat loser biker wanna be's beating down defenseless Asian hippys

Take your politics and shove um up your butt

Guest
Guest

Anver's court date was 10/13. Did the case get dismissed?

RyanJohnSmith
RyanJohnSmith

https://docs.google.com/viewer...

Here's a link to the police report and Dave ling his ass off. The officer refers to Dave's version of the story " vague ".

Yeah, you're pretty much dicked Dave. Felony assault doesn't look good on job applications.

brrmont
brrmont

Mr. Herrara's article is a pretty clear-eyed attempt at piecing together the incident from Colorado. One misstep, however, sticks out, and it isn't a minor one: "...a strongly worded declaration from Phish's in-house counsel, Kevin Shapiro, regarding the effect that bootlegging had had on the act — an assessment that was somewhat ironic, considering that Shapiro also happens to be the band's resident archivist, a bootlegger of another sort."

Equating an archivist with a bootlegger (of another sort) is akin to approximating a pharmacist to a crack dealer. There are people who will indeed conflate those two drug-dispensing occupations, but the fact is one simply isn't the other. A more apt analogy would be to liken a band's archivist to its official biographer, with access from the inside. Whereas a bootlegger is like a blogger, often writing with skill and zeal, but always writing from the outside.

Also, let us not forget that it's fairly sociopathic behavior to harass a person's family and his professional connections, by posting Anver's family's personal information on a site where millions of people can see it.

Frankjones
Frankjones

Funny thing is seeing the many videos of Dave Anver working record shows selling bootlegs of The Beatles, Elvis, and Pink Floyd. Kind of like biting the hand that feeds you. Pure sleaze.

John
John

Gun crazy redneck + drugged out lot kid = no surpriseThe sad part about all this is that the band has clearly become so detached from their fans and the workings of their own organization that a man with a violent criminal record, not to mention an aggressive and violent history with Phish fans, could be hired to "protect" fans from the misbranding of their favorite band. Kevin Shapiro says it all... "This business is based on reputation and brand recognition, and Merchandise is one of the most successful avenues for the Artists to benefit from such fame and connect with their fans." Too bad it took two boys fighting in a parking lot for me to find out that Phish believes their merchandise is one of the best ways to connect with us. And here I thought it was all about the music. I guess it's time to grow up.

calhounp
calhounp

This article has been corrected to reflect the fact that Kevin Shapiro, Phish's in-house counsel, provided a declaration that accompanied the request for an injunction, but that request was actually filed by an outside law firm retained by Phish. Our apologies for the error.

Fonebone246
Fonebone246

Not sure, since I wasn't there, but from this article I'm going w/ Dave.

whatdafuk
whatdafuk

Those court papers sure do differ from Mr Anver's story! And on another note Mr Anver claims this isn't the first time he's kept a loaded SHOTGUN by his front door. I for one have NEVER had to keep a loaded gun by the entrance of my home EVER.

THis statement alone to me speaks volumes on Mr Anvers character.

I am very curious why he was in the lot. DID THE PHISH hire him?? Did the concert promoter STRAUSBERG hire him?? Please keep us posted Mr Herrera.

Peter r.
Peter r.

All I can say besides the obvious fact that bad things happened and this is no joke... is the irony that the scene uses federal injunctions to stem merch sales as they 'have to' protect their biz, etc. If anybody has been watching, it is also federal laws close to passing that basically will arrest promoters, bands, festival landowners, so forth, using well established rulings from such real world issues like rackateering, knowingly allowing, creating, supporting... A gathering of people where it is blatantly known by most involved illegal activities will be or are taking place at such events. This bill almost made it through congress. This is what people should think about, I would imagine this guy's luck ran out and he will be gone from lots. But what if no lot can exist? And those choppers at certain venues can and do see inside your vehicles from FAR away... Its all on film, your tags, pics of everyone, everything. Why risk it all? Time to grow up, Phish is bald, they play good music, they do not want anyone harmed, at all.

Harrishood23
Harrishood23

Dave Anver stabbed that guy at Altamont back in 1969!

Johnny
Johnny

Anver is obviously a taco short of a combo plate. He's got anger issues, and bad things happen in his presence and in his wake. He seems to envision himself as the misunderstood hero of the movie of his life, and it is obviously only a matter of time before he does again what he's been doing all along - visiting pain on people he decides he doesn't like.

Paulmelor
Paulmelor

Hey brothers and sisters! Just got a text from my bro on the Lot. DAVE IS THERE! Please be careful, watch out, and take care of each other. On way or another this darkness has got to give! Peace - Paul M.

Johnny
Johnny

There is a lot missing from that story. There were first-hand posts in earlier versions of the Lot Fight threads, by people who saw the entire thing go down. From everything that I have read, neither Phish nor Dave had any court authorized injunction/seizure order in place at the time of the shows at Dick's. An order in one Federal Court is only good for the specific time period set forth, usually from a day before to a few hours after the event in question. If there is a lack of Court authorization, then there is a lot of potential liability out there for what Dave did here.

According to several witnesses, while the Asian kid stepped in to question Dave's authority, Dave was the physical aggressor, hitting the kid repeatedly in the head with a walkie-talkie, well prior to even the second video, which shows Dave spraying him repeatedly with pepper spray. There is simply no justification for Dave's actions, under any circumstances here. If, as he claims, he was attacked, well then use that handy radio to call security or the cops. Dave is not a law enforcement officer, he is a former biker thug/gun salesman/black belt who overstepped the line by a country mile. [Note his threats toward Mark Zuckerberg.]

Then there is the pattern of consistent stories from other fans, about Dave's actions at other shows, all of which bear a striking resemblance to Dave's actions here. Grabbing non-infringing merch, pushing pregnant women, telling people that he "makes the laws," the guy is a real class act, and you should definitely defend him. I am not an apologist for people violating the band's legitimate trademarks, but like any civil matter, there is no room for physical violence. None.

Dave should be prosecuted to the fullest extent of the law, and if the allegations of him hitting the kid with the walkie-talkie are true, then the charges should be raised to felony assault with a deadly weapon. After the criminal justice system is done with him, the Asian kid should sue his ass for everything he has left. Lastly, it is no small amount of ultimate ironing, that Dave has been videoed selling bootleg CDs and DVDs at some local event. It would be worth a million bucks if any one of those was of Phish.

RyanJohnSmith
RyanJohnSmith

One more thing and I'm going to get off this topic;

Mr. Anver states he received harassing calls at a battered women's shelter where he provides " self-defense " training for free.

This is an out-right lie. Battered women's shelters are NOT listed as actual phone numbers and are very hard to find. The phone numbers you see provided by some shelters are an office line, not a line directly to the shelter. It is not public common knowledge where they are. Or who works there; for obvious reasons. The addresses listed for these shelters is always an office address as well, for more obvious reasons.

Nice try to gain some sympathy Dick, I mean Dave.

WeDontForget
WeDontForget

Anyone remember Adam Katz? He was the young man who was beaten to death by security guards at the Meadowlands in New Jersey back in 1989. Security guards beat him to death just for being a "dirty hippy" and they tossed his body over a fence where it was found weeks later. Does Phish need an Adam Katz type death on their hands from a violent out of control turd like Dave Anver? I hope not, but keep this clown on your payroll and someone is likely to be dying to see you, literally. Do we need Dave Anver beating Phish fans to death over a stupid sticker? think about it. think long and hard Phish and Red Light Management.

whatdafuk
whatdafuk

Yeah Anver seems like a straight up solid, productive member of society.....Well except for not paying child support and selling guns to mass murderers.

Oh and selling COPYRIGHTED bootlegged concert DVD"s at flea markets.

Yeah Anver is innocent, at least he DIDN'T PARTICIPATE in the planning of 9-11

with Shiek Khalid Muhammad

Guest
Guest

It sucks that Herrera dropped the ball when it came to identifying Anver's employer. We only get a vague reference to an email from someone from the Phish organization that no one has ever heard of.

Parker1scrotes
Parker1scrotes

you are so right. we should never leave our houses again! God bless you sir.

mick
mick

I just called some peeps at RR...................There is talk of a serious dose raping.

I cant really say it's not warranted

Think For Yourself
Think For Yourself

well, the 'several witnesses' were wrong. it wasn't a walkie talkie, it was the peper spray can itself that douchebag Dave Anver knocked the kid upside the head with -- AFTER he had already pepper sprayed him and the asian kid CONTINUED to come after him (both videos show this).

further, phish did hire him and did have injunctions against this shit. you seem to really want to believe non-truths when facts are pretty clearly in front of you. Dave Anver sucks, but this Asian kid was no saint and he wasn't being chased down like people keep repeating.

Johnny
Johnny

Unlike the UNSOLVED MURDER of Adam Katz, this event of violence was captured for the world to see!!

We just have to pressure the DA and JUDGE to hand out the most SEVERE PENALTY to MR KUNG FU PANDA allowable by law.

I believe a 5 year stint in state prison would be sufficient

Ansbach
Ansbach

Finally. Someone pointing the finger at Phish. I mean I'm pretty sure Phish or whoever ran a background check on this clown before hiring him so they had to know about his past.

Paulmelor
Paulmelor

Nice! Please help me get the word out. I'm not on Facebook. I'm too technically challenged for all that.

Guest
Guest

Please provide a link to the court injunction that Phish secured that allowed Anver to seize bootleg merch at Dick's.

RyanJohnSmith
RyanJohnSmith

Do any of those facilities mention Dave Anver allegedly provides services there ? So how would anyone no which one he allegedly works at ? Or that he allegedly does it at all ? Someone guessed he provides "self-defense" classes for battered women ? Then magically picked the correct one he worked at, ( allegedly ) ?

Nice try to cover up a blatant lie from an obviously guilty, not to mention crazy, white trash largebody with an ego complex trying to gain sympathy by telling untruths.

youareadumbfuck
youareadumbfuck

do you have a job? oh my bad... it seems your job is sucking Dave's little cock( if you can call it a cock. most call it a clitoris)

youareadumbfuck
youareadumbfuck

did anyone from phish beat this kid? no. do you really think trey or john give a shit if some kid is selling stickers so he can follow their band? fuck no. not to mention most of the lot tees and stickers are more creative and cooler than anything drygoods has offered. its the bureaucracy and the corporations behind these bands that hire a dick like dave.

Guest
Guest

sweet melt brah

Johnny
Johnny

The only thing you win is the FOOL OF THE DECADE award for defending this animal.

You and Charlie Sheen are WINNING together!!

Ansbach
Ansbach

I know you're not a fan, you're his son. << shit son you have taken stupid to a whole new level. You really have. First you thought I was Dave during our Fb conversation. Even after I told you I'm not Dave and to have a good fall tour, you STILL insisted I was Dave. Now you think I'm his son. Jesus, you really are one window licking idiot :)

RyanJohnSmith
RyanJohnSmith

I know you're not a fan, you're his son. Who works at Brookstone in the Lakewood mall.

The same son who bragged on FB of his dad " tenderizing a hippy ".

Bad upbringing ? That's a pot call. You're the fucking demon spawn of this bag of dicks in a Felix the cat T-shirt. Who sells bootleg material on the side when he's not stealing it from other people or lying about volunteering for battered women.

No mention of the videos still...I guess if you have nothing to say, and have been called on you shit, there isn't much to say.

Enjoy trying to fix your father's unfixable reputation. Maybe you could help him with his lawsuit against Mark Zuckerberg.

Enjoy, I'm off to Red Rocks where I'll be looking for your father, who won't be there. Ever again !! Who-hoo !

RyanJohnSmith
RyanJohnSmith

Yeah, the place you called is a battered women's shelter, but it is the office of the actual shelter. You're making yourself look REALLY dumb.

Like I said, how would anyone know he allegedly worked there ? His services are advertised NOWHERE.

Did someone have a vision that he was working at a shelter, allegedly, and in this vision they saw the specific one he worked at ?

You win at nothing besides looking like a fool who is covering for his father's outright lie.

Seriously, who does that ? " I also provide free self-defense for battered women " Right. Does he also call BINGO at retirement homes ? Or read to children at Children's Hospital ?

Just back away. It will get no better for you.

And, what about the bootleg videos ? Haven't heard you say anything about that. Still.

Guest
Guest

win again? you are defending some shit bag who has been fucking with people going to shows for over a decade. FAIL

Ansbach
Ansbach

Called one. It's the shelter. I win. Again.

Guest
Guest

so the link this ansbitch provided isn't to the actual shelter? its an intake hotline? fucking classic. what a noob

Ansbach
Ansbach

You just don't get it. I'm not a fan of Dave. At all. Just think you started going too far in your witch hunt.

You couldn't even admit you were wrong during one of our Fb chat. Does not surprise me you won't admit it here. Again, I blame bad upbringing.

RyanJohnSmith
RyanJohnSmith

They are numbers to intake offices clown.

Someone guessed he worked at a shelter than magically dialed the correct OFFICE LINE ?

I'm not wrong. What's more disturbing is you, for whatever reason, trying to validate his lies.

How about the bootleg videos ? Nothing to say about those huh ? You asked for them, I posted them.

How would anyone even know he allegedly provides self-defense classes at a shelter ? Someone guessed huh ?

How's the search on my information coming Mr. Wizard ?

You really have an interest in trying to make this dude look better ? Keep on trying.

Ansbach
Ansbach

You said 'Battered women's shelters are NOT listed phone numbers and are very hard to find. It is not public common knowledge where they are.'

I provided a link that showed you were wrong and have no idea what you are talking about. Man, you really have a problem with admitting you're wrong don't you? I blame bad upbringing.

Johnny
Johnny

People that actually make REAL MONEY certainly don't brag about it on the internet,

Guest
Guest

i doubt you have the enough creative juices flowing in that tiny brain of yours to come up with anything clever enough to sell in the lot. but, enjoy your lunch break in the food court.

RyanJohnSmith
RyanJohnSmith

You work at Brookstone in the Lakewood mall.

Beaucoupe dollars in that racket.

Ansbach
Ansbach

Yep, and I make quite a bit of money doing what I do. So much that I don't have to sell shitty t shirts and stickers at shows, rube. I also enjoy proving idiots wrong and this place is full of them.

Tela
Tela

well done. someone brings up a cohesive and common sense thought and you reply with insults. FAIL!!!! But you do have some nice melts. cheers

Guest
Guest

good one genius. falling back on mindless insults. thats what people who have no critical thinking skills do. please display your stupidity for us some more. thanks

 
Denver Concert Tickets

Concert Calendar

  • September
  • Fri
    19
  • Sat
    20
  • Sun
    21
  • Mon
    22
  • Tue
    23
  • Wed
    24
  • Thu
    25

Find Any Show in Town

Loading...