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Thread: Illegal?

  1. #1
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    Illegal?

    Metallica Bootlegs/2-3-89 Erwin Events Center, Austin, TX/met890203d1_01_Blackened.mp3
    Metallica Bootlegs/2-3-89 Erwin Events Center, Austin, TX/met890203d1_02_For_Whom_the_Bell_Tolls.mp3
    /Metallica Bootlegs/2-3-89 Erwin Events Center, Austin, TX/met890203d1_03_Welcome_Home_Sanitarium.mp3

    This guy swears metallica gave him permissions to share these songs... would that hold any truth? Ive never heard of anything of the sort.... please give me your opinion
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  2. #2
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    This guy swears metallica gave him permissions to share these songs... would that hold any truth? Ive never heard of anything of the sort.... please give me your opinion
    The above songs are on your server correct? If so I would advise disabling them from being downloaded immediately. Fact is whether he ever even spoke to them or not (about a .0000000000001% chance he did) is still irrelevant as he'd need a patent in order to be legally allowed to share any copyrighted works of anyone else, unless they are his own. So, no what he said would not hold up in court.
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  3. #3
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    kavey,

    " To produce, distribute, or sell without permission or illegally: a clandestine outfit that bootlegs compact discs and tapes."

    The definition of a bootleg, he has the answer right in his file name.
    David
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  4. #4
    Im almost positive that Metallica would give no one permission to share their songs unless they were making money off it.
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  5. #5
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    LOL... well I thought maybe I was beeing a bit harsh by not beleiving him... a whole forums opinions are better than one Thanks for the replys all I will definately reconsider him. The last time I caught 9 inch nails on his site he told me a friend of his was in a band and it was his song.
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  6. #6
    If this is not the first time you have caught him with MP3's . I would cancel his account. well thats me personally. I personally would hate to have the RIAA knocking down my door because I had illegal mp3's on my server.
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  7. #7
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    If he claims he has permission - have him mail you a legal affadavit (ie one notarized or otherwise certified) attesting to the fact. Then if they are illegal you're in the clear and the problem is all his.
    "Obsolesence is just a lack of imagination."
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  8. #8
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    I personally would hate to have the RIAA knocking down my door because I had illegal mp3's on my server.


    to the OP:
    Yeah I would be cancelling his account 100% if it was not the first offense. When it comes down to illegal information (of any kind mp3 or otherwise) being on a public hosting server... delete first ask questions later. Just how that is, because if the MPAA or some other copyright enforcement agency comes after you well, they are going to have the exact same mentality about your company. I am all about giving people a chance but well as you said this isn't the first time either.
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  9. #9
    I only have one word to say about this:

    KILL.
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  10. #10
    I would terminate this user's account immediately if I was you

    Originally posted by printerboyweb
    I only have one word to say about this:

    KILL.
    How is your post relevant to this topic?
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  11. #11
    Even if Metallica says they don't mind that their songs are distributed for free over the internet, the record companies won't be so happy about it. I would suspend the user before you get legal issues, or before the bandwidth bill explodes.
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  12. #12
    I would suspend the account not terminate and offer a backup of there site if they would like it.
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  13. #13
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    I do agree with Duport, beside that i would unsuspend the account later if the costumer decide to take the mp3 out of the server.
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  14. #14
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    Well he may have had "permission" per say, as Metallica would tell their fans to share their music in their early years. If those were actually from 1989, then he is only particially correct. As Metallica was THE band that started all the legal battles over P2P music file trading. I would bet that they no longer wish ANY of their work to be traded. No matter what they said in the past.

    Needless to say I agree that you should suspend the account and make sure the files are deleted.
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  15. #15
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    Originally posted by Spaceh
    I do agree with Duport, beside that i would unsuspend the account later if the costumer decide to take the mp3 out of the server.
    So you would give them a third chance?
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  16. #16
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    I would give him a last chance not a 3rd chance
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  17. #17
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    defo remove his account...

    i had a customer with simpsons episodes, and he said that he had permission, this was after i deleted the account.

    It really isnt worth the risk having the material on your server, as you are held 100% liable for all content.
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  18. #18
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    Suspend his account and tell him that you'll unsuspend it when he mails your attorney a legal document stating that he has permission. That should shut him up.

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  19. #19
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    Ive already done that... I did however attempt to contact metallica (or whoever answers their mail) and ask them what they think of it... it is their music afterall but after the first warning this is the end of his account if I cant get something showing it is ok for him to distribute these.
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  20. #20

    haha

    Originally posted by hoststylez
    Im almost positive that Metallica would give no one permission to share their songs unless they were making money off it.
    The kid is having you on mate. This is illegal. Ban him and the site. Not worth the trouble. Tell him your good friends with band too and that they dont recall you and said sorry no can do!
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  21. #21
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    Metallica Bootlegs/2-3-89 Erwin Events Center, Austin, TX/met890203d1_01_Blackened.mp3
    Metallica Bootlegs/2-3-89 Erwin Events Center, Austin, TX/met890203d1_02_For_Whom_the_Bell_Tolls.mp3
    /Metallica Bootlegs/2-3-89 Erwin Events Center, Austin, TX/met890203d1_03_Welcome_Home_Sanitarium.mp3
    if metallica gave him permission, he wouldn't be calling them "bootlegs".


    Check out his access logs, he's probably recieving alot of traffic from warez sites.


    Also, i believe you should learn something about business, and law before starting a hosting company. According to whois records, you only started in april. Which is pretty funny, because you just registered here at wht around that time.
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  22. #22
    If you are located in america it is illegal
    If you are in the netherlands.. it is legal THOUGH
    the state secretary has noted that it doesnt have its preference.

    The person providing it is committing illegal actions. The person actually hosting is isnt in anyway. However i would let all my users sign a declaration of you being their host and are not suable for actions such as these.
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  23. #23
    Actually, you can pay to download the audio tracks to the concerts they have performed, AND share them. We went to a Metallica concert a few months back, and were told to go to their website to pay and download a copy of that perticular concert. We did this, and on the website it specifically said you could distribute copies to friends. I remember thinking this was extremely odd, as they were to first group to sue for online trading of their music. I am telling you the truth when I say that it was legal to trade their live concerts.
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  24. #24
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    Originally posted by mikeylove
    if metallica gave him permission, he wouldn't be calling them "bootlegs".


    Check out his access logs, he's probably recieving alot of traffic from warez sites.


    Also, i believe you should learn something about business, and law before starting a hosting company. According to whois records, you only started in april. Which is pretty funny, because you just registered here at wht around that time.
    IF you werent such a moron and in a hurry to insult someone you would have read the whole thread... he was suspended before this thread was started. He wanted to tell me it was legal so I made a post to show him how ridiculous the idea of metallica telling him it was ok is. What exactly do I need to learn about business boss? You sure are a smart cookie. You can figure out when I went from reselling to making an actual job of it. According to whois records I registered my new domain in april. Wheres the humor in that? DId every host in here start ten years before they started or something? Or are new companys not allowed in the business anymore? Is it all closed down? If so thats wierd how I still get two to three signups a day.
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  25. #25
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    Originally posted by jschurawlow
    The above songs are on your server correct? If so I would advise disabling them from being downloaded immediately. Fact is whether he ever even spoke to them or not (about a .0000000000001% chance he did) is still irrelevant as he'd need a patent in order to be legally allowed to share any copyrighted works of anyone else, unless they are his own. So, no what he said would not hold up in court.
    donot disable it, wait it to be hosted untill the owner tells or complains it you , this can save u a lot.

    1. by removing it immediately, you might loose your client.

    2. It makes your client happy that he has agreed to his terms.

    so decide an move.
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  26. #26
    Originally posted by jschurawlow
    The above songs are on your server correct? If so I would advise disabling them from being downloaded immediately. Fact is whether he ever even spoke to them or not (about a .0000000000001% chance he did) is still irrelevant as he'd need a patent in order to be legally allowed to share any copyrighted works of anyone else, unless they are his own. So, no what he said would not hold up in court.
    Patent? ROTFLMAO....do you even know what a patent is?
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  27. #27
    Originally posted by Dagger Depot
    Actually, you can pay to download the audio tracks to the concerts they have performed, AND share them. We went to a Metallica concert a few months back, and were told to go to their website to pay and download a copy of that perticular concert. We did this, and on the website it specifically said you could distribute copies to friends. I remember thinking this was extremely odd, as they were to first group to sue for online trading of their music. I am telling you the truth when I say that it was legal to trade their live concerts.
    Wrong!

    Can I share the files I buy at LiveMetallica.com?

    Can I share the files I buy at LiveMetallica.com?
    As you can all see, we have chosen not to encrypt or shackle these files in any way. There is a certain level of trust associated with LiveMetallica.com's operation.

    You will have 48 hours from the time you start downloading to completely download each show you purchase. We'd be fooling ourselves to think that these files won't be shared by some friends, and there's nothing we can do to STOP you from doing so.

    All we can do is to ask you straight up: Do the right thing. Please be cool and don't share your files.

    No one's making a lot of money on this little wing-ding. There are a number of costs specific to each download, including publishing fees, bandwidth costs, credit card fees, venue origination fees and venue union fees. In addition to these show specific costs, there are general expenses such as hardware and software purchases/licenses and ongoing programming/design fees. In total, there are substantial costs associated with launching and maintaining this service, and its future viability depends on honest participation.

    Okay. Enough of that. You get the point.


    http://www.livemetallica.com/faq.asp#faq14
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  28. #28
    Originally posted by ArtieFishill
    Patent? ROTFLMAO....do you even know what a patent is?
    Hehe, he's probably dyslexic and meant "patent". Oops, I meant "license".
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  29. #29
    he must be lying
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  30. #30
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    Re: Illegal?

    Originally posted by kaveyhosting.com
    Metallica Bootlegs/2-3-89 Erwin Events Center, Austin, TX/met890203d1_01_Blackened.mp3
    Metallica Bootlegs/2-3-89 Erwin Events Center, Austin, TX/met890203d1_02_For_Whom_the_Bell_Tolls.mp3
    /Metallica Bootlegs/2-3-89 Erwin Events Center, Austin, TX/met890203d1_03_Welcome_Home_Sanitarium.mp3

    This guy swears metallica gave him permissions to share these songs... would that hold any truth? Ive never heard of anything of the sort.... please give me your opinion
    For decades Metallica has encouraged fans to record and share from concerts. They do not support ripping from official media and redistributing.

    You can verify their support of the first item very easily. This is taken from the chat they held around the time of napster / lar's visiting capitol hill:

    metallica_lars_live: This is not a change in attitude whatsoever. We have always and will always continue to condone allowing people to record our concerts, to freely trade live concerts, interview. This is not what it is about, it's about the master recording that we have recorded and written and clearly own. We are not going after Napster for anything that relates to Metallica bootlegs, it's about Metallica Master studio recordings as they appear on our studio records.

    However, if you are unsure I would error on the side of safety I guess.
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  31. #31
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    Re: Re: Illegal?

    Originally posted by Naes
    For decades Metallica has encouraged fans to record and share from concerts. They do not support ripping from official media and redistributing.

    You can verify their support of the first item very easily. This is taken from the chat they held around the time of napster / lar's visiting capitol hill:

    metallica_lars_live: This is not a change in attitude whatsoever. We have always and will always continue to condone allowing people to record our concerts, to freely trade live concerts, interview. This is not what it is about, it's about the master recording that we have recorded and written and clearly own. We are not going after Napster for anything that relates to Metallica bootlegs, it's about Metallica Master studio recordings as they appear on our studio records.

    However, if you are unsure I would error on the side of safety I guess.
    They did say that, but then again how many people were "banned" from Naspter for sharing/downloading live Metallica tracks?

    **Raises hand.

    Naspter was a great place to find live recordings, that or dance remixes of different tracks. Oh well...how much is Metallica worth again?
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  32. #32
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    Re: Re: Re: Illegal?

    Originally posted by ChrisTech
    They did say that, but then again how many people were "banned" from Naspter for sharing/downloading live Metallica tracks?

    **Raises hand.

    Naspter was a great place to find live recordings, that or dance remixes of different tracks. Oh well...how much is Metallica worth again?
    When the hammer fell on Napster; we all got banned.
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  33. #33
    Metallica has always been very vocal on pirating issues. They are %100 against it, and this customer is definately breaking the law. If you don't shut him down then you are too.
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  34. #34
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    IF ANY OF YOU WOULD READ THIS POST YOU WILL NOTICE THAT THE ACCOUNT WAS SUSPENDED UPON FINDING THE FILES. CURIOSITY MADE ME ASK WHAT YOU GUYS WOULD HAVE DONE. I DONT TOLERATE PIRATED MUSIC I RUN DAILY CHECKS FOR ILLEGAL FILES AND SUSPEND THE ACCOUNT IMMEDIATELY THEN RESEARCH IT IF I FIND SOMETHING QUESTIONABLE.
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  35. #35
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    Kavey,

    Try disabling capslock, people will then actually read your last statement.
    David
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  36. #36
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    I had it disabled in the posts i posted before saying he was suspended and noone read it... i figured maybe it wasnt big enough.

    I dont like beeing accused of beeing a thief.
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  37. #37
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    Originally posted by HP-David
    Kavey,

    Try disabling capslock, people will then actually read your last statement.
    If folks would actually read his full post, before accusing him, then, he might not have to post in caps lock.

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  38. #38
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    Suspend user, what you want to lose, 200 use a year that your user paid you or thousands for the legal dispute for you having mp3's on server?


    CellShade.
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  39. #39
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    I think this thread is now beating around a dead horse, the issue has been answered.

    Originally posted by cellshade
    Suspend user, what you want to lose, 200 use a year that your user paid you or thousands for the legal dispute for you having mp3's on server?


    CellShade.
    Another case of people not bothering to read .
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  40. #40
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    I read all board, when i said suspend i ment to generally delete his account.
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