The story of the Evanescence CD purchased at Wal-Mart is still percolating in America's media outlets.
Here's some background: A man in Maryland bought Evanescence's Anywhere But Home for his 13-year-old daughter but wanted to return it when he discovered a song contained the word fuck. Wal-Mart wouldn't accept the return and suggest the man take it up with the corporate office. (Obviously the chain doesn't have much of a plan for this kind of scenario.) So the man has sued Wal-Mart for up to $74,500 for each person who has purchased the CD at Wal-Mart in the state of Maryland.
To its credit, Wal-Mart says it has no plans to pull the title. Said the spokesman, "While Wal-Mart sets high standards, it would not be possible to eliminate every image, word or topic that an individual might find objectionable."
The lawsuit claims Wal-Mart knew about the word because the store's online music store give away a free sample of an edited version of the song. Walmart.com is based in Brisbane, California, and its infrastucture, tracks and song samples come from Liquid Digital Media. The Wal-Mart chain is based in Bentonville, Arkansas.
Without a statement from Wind-Up Records, we're left to guess as to why the word fuck ended up in Wal-Mart's physical stores. Did the Wal-Mart buyer actually listen to every word of every song before placing the order? The odds are very, very slim. The buyer may not have even listened to a single song. It would have made little difference. Whether or not a CD necessitates a parental advisory sticker is not determined by retailers but rather by the record labels and artists.
The RIAA's website lists the uniform standards for applying the parental advisory logo. One that could pertain to this case states that "some words, phrases, sounds, or descriptions might be offensive to parents if spotlighted or emphasized, but might not offend if merely part of the background or not a meaningful part of the lyrics." Coolfer hasn't heard the song so I can't say in what context the word was used. Context, though, is certainly important. If used in a non-threatening phrase like, "Get the fuck out of here," the word carries a much different meaning than it would if used in a phrase like, "Why can't I get just one fuck?"
There's a lot of anti-Wal-Mart sentiment in the press over this issue, which is surprising. Is it standard Wal-Mart hating, or is it an endorsement for the much-maligned parental advisory sticker? I would guess the former, since there are few people who would publicly admit to being in the corner of Tipper Gore's PRMC (the group responsible for the introduction of the logo).
Now Wal-Mart could be in the position to defend its and Wind-Up's interpretation of the severity and context of the word fuck used in the lyrics of this song. It would be working in some pretty gray areas in that scenario, and my guess is that Wal-Mart, for the sake of its image as a retailer of wholesome entertainment, does not want to end up defending certain uses of the word fuck. Such a debate could turn Wal-Mart's policy upside down. Wal-Mart, its opponents say, are putting themselves in the position to tell people what is offensive and making its customers buy entertainment within those parameters. Now, Wal-Mart would have to tell people what isn't offensive and why they shouldn't mind buying entertainment with the word fuck in it.
Amazon.com does not list a clean version for Anywhere But Home, so this is not a case of the wrong version being sent to Wal-Mart. There's only one version here, and it looks to me that Wind-Up didn't find the song's use of the word fuck to be so offensive as to warrant a parental advisory sticker (and all the work that goes along with creating and manufacturing two versions of the same album).