Ex-KORN drummer David Silveria has defended his decision to countersue the band, explaining that he only wants what he is "rightfully owed."
The 46-year-old musician, who left KORN in late 2006, publicly broke his silence after The Blast reported that he has filed a new lawsuit against the group, claiming his former bandmates owe him almost a million dollars.
In a post on his Facebook page, Silveria wrote: "Yes, I found out I was being stolen from. Click on the link of our original partnership agreement. You can clearly read everything is split 20% all across the board.
"This is not about the individual band members. For all I know, they may have not even known about this theft.
"I feel so lucky that the five of us came together when we did. If it weren’t for the fans, we would have just been guys playing in a rehearsal studio. But thanks to the fans around the world, we got to tour all over the world playing for millions of fans. Because of the fans, my childhood dream became my reality. I will be forever grateful for that.
"This is all about business. I only want what I'm rightfully owed, and that's it. I have no hard feelings towards any of the guys. We were brothers once and I love them all."
Silveria originally sued his former bandmates in February 2015, claiming that his exit from the group was merely a hiatus and that he was rebuffed when he tried to return to the band in 2013. Silveria said he still had ownership interest in KORN and asked a judge to force the band to reveal how much money they've made since he left so that he can get his rightful share. KORN countersued and the two sides reached an agreement in 2016 that called for Silveria to give up his rights to KORN royalties going forward in exchange for a lump sum.
But Silveria now claims his 2016 agreement with KORN "omitted any reference to the 2003 agreement between the partnership and SoundExchange," which administers royalties from non-interactive streaming recordings. "The Settlement Agreement was also silent on the issue of how SoundExchange royalties were to be apportioned."
KORN sued Silveria last month, claiming that he contacted SoundExchange in July 2018 saying he was entitled to his cut. The band said they informed Silveria that this was in direct violation of the settlement agreement he reached and to withdraw his claim to SoundExchange. Silveria apparently did not do so, causing SoundExchange to place a hold on all payouts related to KORN.
In his countersuit, Silveria claims he was unaware the band had been receiving money from SoundExchange since 2003 and alleges KORN's deal with SoundExchange was entered into without his knowledge. He claims the band concealed the deal and the payments from him and now he is after what he believes he is owed.
He is suing for breach of contract, among other things, and is asking for damages in excess of $750,000.
When Silveria sued KORN in 2015, he was said to be especially upset over the fact that the band welcomed back guitarist Brian "Head" Welch six years ago but wouldn't do the same for him. Welch left the group in 2005 and continued as a solo artist before rejoining in 2013.