Eric Boucher was born in Boulder, Colorado, the son of Virginia (nee Parker), a librarian, and Stanley Wayne Boucher, a psychiatric social worker and poet. He had a sister, Julie J. Boucher, the Associate Director of the Library Research Service at the Colorado State Library (who died in a mountain-climbing accident on October 12, 1996). As a child, Eric developed an interest in international politics that was encouraged by his parents. An avid news watcher, one of his earliest memories was of the John F. Kennedy assassination.

In October 1998, three former members of the Dead Kennedys sued Biafra for nonpayment of royalties. The other members of Dead Kennedys alleged that after Biafra, in his capacity as the head of Alternative Tentacles records, discovered an accounting error amounting to some $75,000 in unpaid royalties over almost a decade. Rather than informing his bandmates of this mistake, the suit alleged, Biafra knowingly concealed the information until a whistleblower employee at the record label notified the band.  According to Biafra, the suit resulted from his refusal to allow one of the band's most well-known singles, "Holiday in Cambodia", to be used in a commercial for Levi's Dockers; Biafra opposes Levi's because of his claim that they use unfair business practices and sweatshop labor. Biafra maintained that he had never denied them royalties, and that he himself had not even received royalties for re-releases of their albums or "posthumous" live albums which had been licensed to other labels by the Decay Music partnership. Decay Music denied this charge and have posted what they say are his cashed royalty checks, written to his legal name of Eric Boucher. Biafra also complained about the songwriting credits in new reissues and archival live albums of songs, alleging that he was the sole composer of songs that were wrongly credited to the entire band.  In May 2000, a jury found Biafra and Alternative Tentacles "guilty of malice, oppression and fraud" by not promptly informing his former bandmates of the accounting error and instead withholding the information during subsequent discussions and contractual negotiations. Biafra was ordered to pay $200,000, including $20,000 in punitive damages. After an appeal by Biafra's lawyers, in June 2003, the California Court of Appeal unanimously upheld all the conditions of the 2000 verdict against Biafra and Alternative Tentacles. Furthermore, the plaintiffs were awarded the rights to most of Dead Kennedys recorded works -- which accounted for about half the sales for Alternative Tentacles. Now in control of the Dead Kennedys name, Biafra's former bandmates went on tour with a new lead vocalist.

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did they serve any prison time?