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  1.  
    I got this email while last week while I was on vacation, now that I'm back the server people have deleted most of my account (all but 19MB) and I can't contact them.  What do I do?

    Email:

    Hello,

    Today we received an abuse ticket from the International Federation of the Phonographic Industry (IFPI) regarding the illegal mp3 files hosted by your resold account musicforants.com. I would like to know if your resold account holds the permission to distribute following files online,

    <list of all my shared files>

    Please be informed that this is a urgent matter and we are expecting an explanation from you within next 24 hours. Otherwise we wil be forced to suspend your reseller account with out any further intimation.




    I have my html stuff backed up but everything else is... not.  I also have no idea how they got an index of all my files since I had an index file in my music folder that should have redirected you to the home page.  This sucks!
  2.  
    Also, i emailed them back with this message:


    Many of the files on the site in this directory are being used with artist permission, and the majority of the other ones are downloaded from artists websites legally and are being re-uploaded with permission assumed.  A few more of the tracks are not currently being shared publicly.

     I would be more than happy to delete any abusive files (which I have made clear on the site), once I am able to a sign back into my account.   In the past if there's ever been a request to take a file or files down, I've been able to do so immediately, but I was on vacation this week and couldn't.  Sorry about the inconvenience.

    -Taylor


    Anything else I should tell them?
    • CommentAuthorThomas
    • CommentTimeJan 6th 2007
     
    i guess the lesson is to never go on vacation.  i try to avoid ever leaving my computer desk.
  3.  
    Shit, sorry taylor, I was wondering what happened.
    I'm sure squashed has some ideas. Didn't this happen to aurgasm too?
    •  
      CommentAuthorJimH
    • CommentTimeJan 6th 2007
     
    I thought in Aurgasm (Paul?)'s case, they only objected to one file.  Maybe this is differently handled by his web provider and IFPI only objected to one song.  IF I was paranoid, I'd think that the RIAA has farmed out the role of killing MP3 blogs to the IFPI.

    Do we start running our own web servers from our homes?
  4.  
    I actually know where I could get a couple of servers but I have absolutely no idea how to run them or set anything up, so I stick with my webhost.
  5.  
    Who are these people? It sounds fake to me.
  6.  
    The email was from the server people (iamhosted).  This is what happens when people don't contact you directly! 
  7.  
    Read the two posts here, Paul discussed his interactions well: http://aurgasm.us/archive/2006_10_01_.html
  8.  
    taylor, hopefully they didn't delete everything. 

    since IFPI is a UK-based organization, they do have some legal precedent to have an ISP shut down your site (just like how they can tap your phones without you knowing it in France).  i would write a letter explaining your posting policy and asking which specific files they would like to have removed (they have to specifically tell your ISP which files in their complaint).

    if you want, hit me on email and i can put you in contact with someone who can help out.

    this is certainly not cool.
    • CommentAuthorsquashed
    • CommentTimeJan 6th 2007
     
    Posted by: torturegardenShit, sorry taylor, I was wondering what happened.
    I'm sure squashed has some ideas. Didn't this happen to aurgasm too?

     

    last IFPI case was Paul. (he email back and forth between his ISP, and ifpi dude)

    my take:

    -try to get site back asap
    -figure out which is problem track
    -post the track name here, so other people can know. There is a list somewhere.
    •  
      CommentAuthorpaul.irish
    • CommentTimeJan 7th 2007
     
    Thanks Anthony for the linkup. Here's the last piece of my story: http://aurgasm.us/2006/11/copyright-conflict-aftermath.html

    I'm 90% sure the IFPI emailed a letter of complaint to your host specifically naming particular files or artists. You need to know these names. I would ask your host to fwd that email so you can address those concerns specifically. It seems like in my case, Dreamhost had dealt with this situation a number of times before, whereas I think your host feels a little scared. I'd suggest trying to educate them through communication with the IFPI.
    You should also get the case # from your host (which was included in the IFPI's first email), then you can email Notices@ifpi.org with that case number and show proof that you've received permission to post. CC your host on all that correspondence.

    Unfortunately the IFPI and RIAA always contact hosting providers before us, so we'll always have to deal with this roundabout process. And I suppose all those disclaimer messages on our blogs are moot, too.
    Cheers and good luck.   
  9.  
    My site's alive!  (no word on which files were the offending ones yet though)
  10.  
    hooray! !!
    • CommentAuthorsquashed
    • CommentTimeJan 8th 2007 edited
     
    This can't go on forever. Obviously the attack job is now being outsourced to bigger organisations. There should be a blog wide effort to stop this. Should there be an effort to build anon automatic 'trigger' ? Is the "be polite and play by the rule" policy enough without being backed by real consequences?
  11.  
    Finally got my answer -

    We have learned that your service is hosting infringing files on its network.
    These files contain sound recordings by the artists known as LCD Soundsystem.
    These sound recordings are owned by one of our member companies and have not
    been authorized for this kind of use.  We have a good faith belief that the
    above-described activity is not authorized by the copyright owner, its agent,
    or the law.  We assert that the information in this notification is accurate,
    based upon the data available to us.

    I knew it was probably LCD Soundsystem since everyone else got asked to take it down.  But why did they not contact me directly?  Costed me a week's worth of traffic and hours of frustration.  At least though I can sleep better knowing now...
    • CommentAuthorsquashed
    • CommentTimeJan 10th 2007
     
    LCD soundsystem -- Capitol -- EMI
    • CommentAuthormjrc
    • CommentTimeJun 24th 2008
     
    i just got a notice from the IFPI asking me to take down one specific song, "noah" by eastern conference champions. mind you, the post in question is 10 months old and the album has been out for more than a year.

    i guess my question is, do i need to respond to their email or is taking down the song response enough?

    i don't like this at all. ugh.
    •  
      CommentAuthorSongbyToad
    • CommentTimeJun 24th 2008
     
    If it's ten months old is the file still even up?

    Without having any knowledge, my response would be to delete the file immediately and then email them telling that that you have, and asking about any further specific concerns.  It's tedious, but the last thing you want is them fucking your site over, and they may respond intelligently if you show that you aren't just a fundamentalist freetard, you never know.

    That's the last thing we want, too.
    • CommentAuthorsquashed
    • CommentTimeJun 24th 2008
     
    eastern conference champions - Island -- Universal
    •  
      CommentAuthorSongbyToad
    • CommentTimeJun 24th 2008
     
    It's still amazing that these clowns are going about their business in this manner.
    • CommentAuthormjrc
    • CommentTimeJun 24th 2008
     
    Posted by: SongbyToadIf it's ten months old is the file still even up?

    Without having any knowledge, my response would be to delete the file immediately and then email them telling that that you have, and asking about any further specific concerns.  It's tedious, but the last thing you want is them fucking your site over, and they may respond intelligently if you show that you aren't just a fundamentalist freetard, you never know.

    That's the last thing we want, too.

     i did what you said and immediately deleted it, after which i realized it probably wasn't still up, but at least now i've got it covered both ways.

    i guess i'll write them back then. i almost feel like if i respond then i'm inviting them to look around even more, but i see your point about playing nice and not being a fundamentalist freetard. :)

    Posted by: squashedeastern conference champions - Island -- Universal

     i see the connection but it still seems so random. sigh.

    •  
      CommentAuthorSean R
    • CommentTimeJun 24th 2008
     
    This is why I think the '7 day then delete' rule of thumb works really well. The longer you leave something up, the more chances they have of hassling you.
    • CommentAuthorsquashed
    • CommentTimeJun 24th 2008 edited
     
    Posted by: mjrc

     

    Posted by: squashedeastern conference champions - Island -- Universal

     i see the connection but it still seems so random. sigh.

     

     

    maybe because you posted, their sale were picking up and they can afford hiring web goon. haaa  ... haaa....  (I know I shouldn't laugh.)

    • CommentAuthorsquashed
    • CommentTimeJun 24th 2008
     
    Posted by: Sean RockSelloutThis is why I think the '7 day then delete' rule of thumb works really well. The longer you leave something up, the more chances they have of hassling you.

     

    yeah but google reduce rating on dead link. I tried this 2tier. (long term/perma stuff, and short term)

    •  
      CommentAuthorSongbyToad
    • CommentTimeJun 24th 2008
     
    Please translate into English, squashed.

    I think that a universal show of goodwill and slightly exaggerated good manners is a reasonable approach actually.  It may sound silly, but being adversarial is probably detrimental.  We may not be friends of the Music Industry, but we are friends of music and any chance to demonstrate this should be taken.  That may sound like a manifesto, but I don't think it's total rubbish.  Be nice, Marcy, be gentlemanly (pardon the sexism) and maintain the moral high ground at all costs

    I am so naive I can almost taste the milkshake, but I still believe in it.
    • CommentAuthorsquashed
    • CommentTimeJun 24th 2008
     
    google reduces a  post rank when it has too many broken links. So for stuff that I want to last a little longer, I tend to make sure all the links are functional.

    for the rest, they are temporary files.
    •  
      CommentAuthorSongbyToad
    • CommentTimeJun 24th 2008
     
    Gotcha, sorry.
    •  
      CommentAuthorSean R
    • CommentTimeJun 24th 2008
     
    Makes sense, Squashed. Maybe we'll experiment with keeping certain files up longer than others.
    • CommentAuthormjrc
    • CommentTimeJun 24th 2008
     
    Posted by: squashed
    Posted by: mjrc

     

    Posted by: squashedeastern conference champions - Island -- Universal

     i see the connection but it still seems so random. sigh.

     

     

    maybe because you posted, their sale were picking up and they can afford hiring web goon. haaa  ... haaa....  (I know I shouldn't laugh.)

     i'm SURE that's exactly what happened . . . ;-)

    i am guilty of keeping stuff up longer than i should. i'm kind of lazy about it, actually, so i think i will go and clean out my files.

    Posted by: SongbyToadPlease translate into English, squashed.

    I think that a universal show of goodwill and slightly exaggerated good manners is a reasonable approach actually.  It may sound silly, but being adversarial is probably detrimental.  We may not be friends of the Music Industry, but we are friends of music and any chance to demonstrate this should be taken.  That may sound like a manifesto, but I don't think it's total rubbish.  Be nice, Marcy, be gentlemanly (pardon the sexism) and maintain the moral high ground at all costs

    I am so naive I can almost taste the milkshake, but I still believe in it.

    i was nice but said no more than absolutely necessary: "I have deleted the file in question. Sincerely, lost in your inbox." hopefully that will keep me out of hot water.

  12.  
    I have a couple semi-related questions:

    Does the IFPI or any similar group patrol remixes/mashups/etc the same way they troll for the original songs? 
    If they do are  they doing it on behalf of the original artist or the artist doing the remixing? 

    I'm curious because I looked briefly but haven't seen anyone discuss this.  I'm sure that IFPI care a lot less about remixes, etc. but that doesn't mean its still not technically infringement. 
    •  
      CommentAuthorSean R
    • CommentTimeJun 25th 2008
     
    In my experience, remixes tend to be below the IFPI/RIAA radar. Especially 'blog remixers', as they usually don't make any money off their work, but just offer it up to anyone that wants it.

    Even when a service is selling remixes, they still aren't as high a priority as sharing the original compositions. It's that fact that has allowed so many remix services to stay in business, even when some don't seek the label/artist permission. As long as they stay below a certain sales amount, the labels tend to look the other way (I know a few different guys that run services). Even some of the 'official' services don't license every track they offer.
    • CommentAuthormjrc
    • CommentTimeJun 25th 2008
     
    here's what i heard back from our friends at the ifpi:

    Dear Marcy,

    Thank you for the action taken,

    Have a great day,

    Notices Department


    warms the cockles of my heart, this does.
    •  
      CommentAuthorSongbyToad
    • CommentTimeJun 25th 2008
     
    Aww, that's so sweet of them.  What honeys.