Tuesday, October 21, 2008

Who am I upsetting for God's sake ???


Hi.

Today I found this message in my mail...

(see below)

If there's someone out there who dislikes the things I do

over E-mile Says Songs Do The Matter,

please don't feel shy and contact ME instead of

running off to Blogger about it...

-

Blogger has been notified, according to the terms of the Digital Millennium Copyright Act (DMCA), that certain content in your blog infringes upon the copyrights of others. The URL(s) of the allegedly infringing post(s) may be found at the end of this message.
The notice that we received, with any personally identifying information removed, will be posted online by a service called Chilling Effects at http://www.chillingeffects.org/. We do this in accordance with the Digital Millennium Copyright Act (DMCA). Please note that it may take Chilling Effects up to several weeks to post the notice online at the link provided.
The DMCA is a United States copyright law that provides guidelines for online service provider liability in case of copyright infringement. We are in the process of removing from our servers the links that allegedly infringe upon the copyrights of others. If we did not do so, we would be subject to a claim of copyright infringement, regardless of its merits. See http://www.educause.edu/Browse/645?PARENT_ID=254 for more information about the DMCA, and see http://www.google.com/dmca.html for the process that Blogger requires in order to make a DMCA complaint.
Blogger can reinstate these posts upon receipt of a counter notification pursuant to sections 512(g)(2) and 3) of the DMCA. For more information about the requirements of a counter notification and a link to a sample counter notification, see http://www.google.com/dmca.html#counter.
Please note that repeated violations to our Terms of Service may result in further remedial action taken against your Blogger account. If you have legal questions about this notification, you should retain your own legal counsel. If you have any other questions about this notification, please let us know.
Sincerely,
The Blogger Team
Affected URLs:
http://e-milesaysongsdothematter.blogspot.com/2008/04/103-i-got-it-covered.html



8 comments:

n2j3 said...

yep, blogspot's been getting lots of those it seems. rho-xs and rideyourpony have received those messages and are currently inactive :s

HeavySoulBrutha DaveB. said...

Bummer! More than likely someone did a blog search for a particular artist or song to find out if it was being used inappropriately. Sucks they didn't contact you first, but some people take that stuff seriously and in all honesty have the right to do so. We bloggers, on the other hand, are doing this stuff as a labor of love and only have the best intentions of highlighting the music and artists. But, we HAVE to respect their wishes and act in a responsible manner when asked, or in your case, are forced to remove content.

Peace and SOUL,
Dave...

FASTMAN said...

Hi My Friend

Please Don't Give Up...

Greets From Switzerland

Simon666 said...

Sorry that you have to go through this crap e-mile ....

Sander said...

Ja zeg, da's idd mooi kloot'n.

Laat je echter niet uit het veld slaan beste man. En zoals 1 van de andere reacties ook aangaven: ondanks je goede bedoeling misschien toch een bietje voorzichtig. Onder sommigen van ons is het nu eenmaal voor een groot deel om geld te doen. Jammer maar waar.

Gr. Sandeman

Planet Mondo said...

I had exactly the same thing - but I did have a few heavy hitters (Prince, Talking Heads, Grace Jones) in a mix I made and it got pulled

cheeba said...

Depending on who was in the mix, it may not be surprising.

The Artist formerly known as an artist will do it for sure. Do NOT put the purple helmet in a mix as he is aggressive to the point of absurdity in using DMCA takedown reqs to protect his IP.

http://www.google.ca/search?hl=en&q=prince+dmca&btnG=Google+Search&meta=

Regardless of your opinion on him or his music, he deserves to be completely boycotted on the web because he doesn't know how to play nice with it.


What's more disconcerting is it appears you don't know who complained against you.

I've never recieved one of these before. Was that all the info you got from g00gle? Did you get a copy of the notice? Or did they just kill your link and send you this general message? Because this is what they claim the infringement notice process:

"Please note that in addition to being forwarded to the person who provided the allegedly infringing content (i.e. you), a copy of this legal notice (i.e. the infringement complaint) will be sent to a third-party (i.e. chilling effects)which may publish and/or annotate it"


If you did get a copy, the notice must specifically state what the infringing materials were. A legal document that names you falls under the same rules as any correspondence addressed to you: it is your personal property, the transitting party has no reasonable expectation of privacy and you can publish it as you wish.

Perhaps here would be a good idea?

That way you can out the MF(s) messing with your AWESOME blog which has probably done more to expose people to artists previously unfamiliar to them (i.e. open up potential markets with free initial offerings) than the combined yearly marketing budgets of the big 4 labels.

If you never received a copy of the notice then g00gle did not forward a notice to you as they claim is process, what they actually did was notify you the notice was forwarded to a 3rd party. THAT would be extremely disconcerting for all of us Blogspotters.

But right now, this totally sucks for you and doesn't seem fair at all. Thankfully it only seems to affect 1% of your posts but it's still a dick move on the plaintiff's part. You deserve better!

E-mile said...

thanks all for your feedback on this issue...
No, I haven't posted any Midget from Minneapolis, one post was an all Summertime (!) the other was a 10 song mix of various covers...
It's like Cheeba mentioned, I never received a copy of the notice, just a statement they pulled two of my posts, so I don't even know which artist (if so?) is pissed off I presented "their" music over here. Don't forget Gershwin & Co. didn't disallow all the other 241 or so versions of Summertime :-)
I hope this doesn't happen again, will soon be posting more amazing stuff here and most of all, I hope this shit doesn't gonna spread more and more throughout the blog-o-shpere!
We be good & we be back :-)
P.E.A.C.E.
E-mile