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(Some Guy)   Music site is selling subby's music without his permission and is ignoring his requests for them to take it down. What do?   (melodysale.com) divider line 52
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2514 clicks; posted to FarkUs » on 04 Jan 2013 at 2:59 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-01-04 10:20:56 AM
Sue them?
 
2013-01-04 10:30:23 AM
Write a song about it.
 
2013-01-04 10:31:13 AM
Be my friend.  Then, sue them and get rich.

Then, we'll party in Thailand like the gods intended, Subby.
 
2013-01-04 10:33:05 AM
Contact a lawyer.
 
2013-01-04 10:36:08 AM
1. Lawyer up.

2. Quit saying "What do?". It makes you sound like an idiot.
 
2013-01-04 10:38:10 AM

Gonz: 1. Lawyer up.

2. Quit saying "What do?". It makes you sound like an idiot.


Beats "Do what?", I guess.

/Although not by much.
 
2013-01-04 10:39:13 AM

St_Francis_P: Gonz: 1. Lawyer up.

2. Quit saying "What do?". It makes you sound like an idiot.

Beats "Do what?", I guess.

/Although not by much.


Da fuq?
 
2013-01-04 10:40:11 AM
I am illegally downloading it now, I will get back to you after I've heard it.
 
2013-01-04 10:44:10 AM

Vodka Zombie: St_Francis_P: Gonz: 1. Lawyer up.

2. Quit saying "What do?". It makes you sound like an idiot.

Beats "Do what?", I guess.

/Although not by much.

Da fuq?


It's West Virginia speak.
 
2013-01-04 10:58:35 AM

St_Francis_P: Gonz: 1. Lawyer up.

2. Quit saying "What do?". It makes you sound like an idiot.

Beats "Do what?", I guess.

/Although not by much.


fc06.deviantart.net
 
2013-01-04 11:15:40 AM

St_Francis_P: Vodka Zombie: St_Francis_P: Gonz: 1. Lawyer up.

2. Quit saying "What do?". It makes you sound like an idiot.

Beats "Do what?", I guess.

/Although not by much.

Da fuq?

It's West Virginia speak.


True dat.
 
2013-01-04 12:39:06 PM
Welcome to the company of people who wrote many of the worlds top 40s.  The music industry isn't about music but about moving small plastic discs.
 
2013-01-04 12:55:33 PM
Lawyer. Call one. Don't ask us.
 
2013-01-04 01:07:40 PM
DMCA notice with their ISP CC'ed.
 
2013-01-04 01:11:11 PM

Shostie: St_Francis_P: Gonz: 1. Lawyer up.

2. Quit saying "What do?". It makes you sound like an idiot.

Beats "Do what?", I guess.

/Although not by much.

[fc06.deviantart.net image 570x674]


please don't.
 
2013-01-04 01:51:26 PM

SilentStrider: Lawyer. Call one. Don't ask us.


You need an IP lawyer that knows the music biz.  Guess how many of the good ones don't have conflict of interest within a few states of you?  I would say zero.
 
2013-01-04 02:01:10 PM
DDOS
 
2013-01-04 02:21:26 PM
Not to be cynical, but anyone think this is just a ruse to pimp their album?
 
2013-01-04 02:24:05 PM

kev_dog: Not to be cynical, but anyone think this is just a ruse to pimp their album?


Yeah, probably.
 
2013-01-04 02:42:00 PM
melodysale.com respects the intellectual property of others. All copyrights in and to the services, including but not limited to, the melodysale.com music store (Including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) are the property of their respective owners. The use of any part of the service, except for use of the service as permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement .

If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our procedure for making claims of copyright infringement and provide to our copyright agent (copyri­g­ht[nospam-﹫-backwards]e­lasydolem*c­om) next information in written form :

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;A description of the copyrighted work that you claim has been infringed upon;A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;Your address, telephone number, and e-mail address;A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. I'm assuming you did all of this?
 
2013-01-04 02:42:38 PM
Oops, link here
 
2013-01-04 03:08:18 PM
Subby here, can just now post because I'm a liter. Here is my dilemma, I'm a one person show. I play all the instruments and do all the recording. Let me go ahead and say, this isn't to plug any of my music. It's depressive black metal meant for a niche audience and trust me fark isn't it. But I do have a genuine dilemma. The way I distribute my music is put it up on bandcamp with a "pay if you want option." In other words, I give away my music for free to anyone who wants it. Music doesn't support me, I work a regular 9-5. It's a hobby that I make very little money off of. However, it really upsets me that some random company downloaded my material and is trying to make a profit off of it at my expense. I can't even imagine they're making anything off it because you can get it on lots of torrents and blogs if you know where to look and the amount of people looking for atmospheric black metal is pretty small. I encourage people to share my music and if they feel it is worth something to them, it's their choice to donate to my page. I don't want some company making money from my fans (yes I do have a few) instead of just getting it from me. It's wrong on a lot of levels.

No I don't have money to hire a copyright lawyer. This is a hobby and what small amount of money I do make goes right back into updated recording equipment.

Yes, I followed their protocol for reporting copyright violations on their website, but I"m still being ignored.

Seriously, don't search out my music it's a waste of your time. Really, just don't.

what do? (just because you told me to stop using it)
 
2013-01-04 03:17:12 PM
Burn them......
 
2013-01-04 03:21:07 PM

ModernPrimitive01: what do?


Panties no wad. Go day. Live on.
 
2013-01-04 03:25:03 PM

Rye_: ModernPrimitive01: what do?

Panties no wad. Go day. Live on.


principle matter. offends sensibilities. not fair
 
2013-01-04 03:31:54 PM

ModernPrimitive01: No I don't have money to hire a copyright lawyer


But can't you find a cheap lawyer just to write up a cease and desist letter?
 
2013-01-04 03:34:27 PM

ModernPrimitive01: Subby here, can just now post because I'm a liter. Here is my dilemma, I'm a one person show. I play all the instruments and do all the recording. Let me go ahead and say, this isn't to plug any of my music. It's depressive black metal meant for a niche audience and trust me fark isn't it. But I do have a genuine dilemma. The way I distribute my music is put it up on bandcamp with a "pay if you want option." In other words, I give away my music for free to anyone who wants it. Music doesn't support me, I work a regular 9-5. It's a hobby that I make very little money off of. However, it really upsets me that some random company downloaded my material and is trying to make a profit off of it at my expense. I can't even imagine they're making anything off it because you can get it on lots of torrents and blogs if you know where to look and the amount of people looking for atmospheric black metal is pretty small. I encourage people to share my music and if they feel it is worth something to them, it's their choice to donate to my page. I don't want some company making money from my fans (yes I do have a few) instead of just getting it from me. It's wrong on a lot of levels.

No I don't have money to hire a copyright lawyer. This is a hobby and what small amount of money I do make goes right back into updated recording equipment.

Yes, I followed their protocol for reporting copyright violations on their website, but I"m still being ignored.

Seriously, don't search out my music it's a waste of your time. Really, just don't.

what do? (just because you told me to stop using it)


Well now I'm going to pirate it, record over it and post the results to youtube

/not really
//too lazy
 
2013-01-04 03:37:50 PM
Tell the Economist.
 
2013-01-04 03:37:58 PM

Smeggy Smurf:
Well now I'm going to pirate it, record over it and post the results to youtube

/not really
//too lazy


The irony is that I would totally be fine with that. Hell, I've sent it to bloggers to feature on their sites. I want everyone that wants it to get it even if they don't want to pay for it. What I don't want is someone else selling it under false pretenses.

/you should record over it, it might make it sound better
 
2013-01-04 03:39:49 PM

downstairs: ModernPrimitive01: No I don't have money to hire a copyright lawyer

But can't you find a cheap lawyer just to write up a cease and desist letter?


I might have a better chance of finding big foot
 
2013-01-04 03:40:30 PM
Tell 'em you MEAN BUSINESS!
 
2013-01-04 03:53:18 PM

ModernPrimitive01: downstairs: ModernPrimitive01: No I don't have money to hire a copyright lawyer

But can't you find a cheap lawyer just to write up a cease and desist letter?

I might have a better chance of finding big foot


Try to recruit Anonymous.
 
2013-01-04 04:01:19 PM

utsagrad123: ModernPrimitive01: downstairs: ModernPrimitive01: No I don't have money to hire a copyright lawyer

Try to recruit Anonymous.


That's kind of like playing with fire. Sure it might torch my enemies or the wind could change and before I know it I end up with a dozen tranny strippers and a 1000 pizzas showing up at my door charged on my credit card
 
2013-01-04 04:13:39 PM

ModernPrimitive01: utsagrad123: ModernPrimitive01: downstairs: ModernPrimitive01: No I don't have money to hire a copyright lawyer

Try to recruit Anonymous.

That's kind of like playing with fire. Sure it might torch my enemies or the wind could change and before I know it I end up with a dozen tranny strippers and a 1000 pizzas showing up at my door charged on my credit card


So either way you got a good story out of it.
 
2013-01-04 04:13:45 PM
Stupid Pollyanna response from someone who knows very little, but Fark tends to have articles from the Consumerist where they take on big business on behalf of a little guy, that's one idea. Or call a local TV show that has a consumer advocate who tackles problems for their viewers.

(*shrug*)

Good luck.
 
2013-01-04 04:15:23 PM
As a hack hobby musician myself I feel for you and probably would have fought the same way 20 years ago. Best of luck.

The only suggestion I can make is to include the words "melodysale.com are douchebags" at the start and end of every future song.
 
2013-01-04 04:21:05 PM
Good farkin luck - you're likely dealing with Russian criminals. The site claims all of it's stuff is licensed through something called "Rightholders Federation for Collective Copyright Management of Works Used Interactively" which was the same fraudulent front used by AllofMP3.com.

More details here:http://www.themusicvoid.com/2010/02/the-russians-are-back/
 
2013-01-04 04:23:41 PM

Thelyphthoric: As a hack hobby musician myself I feel for you and probably would have fought the same way 20 years ago. Best of luck.

The only suggestion I can make is to include the words "melodysale.com are douchebags" at the start and end of every future song.


I couldn't resist checking out your youtube page. I don't know if you're a gamer but Alpha Funktari reminds me of the video game ToeJam & Earl. Also you're a Basset enthusiast which is cool I've got one myself.
 
2013-01-04 04:42:52 PM

ModernPrimitive01: I couldn't resist checking out your youtube page. I don't know if you're a gamer but Alpha Funktari reminds me of the video game ToeJam & Earl. Also you're a Basset enthusiast which is cool I've got one myself.


Thanks. I tend to rarely do the same thing twice, so I've never gotten "great" at any of it, but I amuse myself at least.

I sometimes work with a singer who is into your style of stuff, I'll send him a link to your bandcamp page (and check it out myself as well).
 
2013-01-04 05:51:32 PM

DON.MAC: Welcome to the company of people who wrote many of the worlds top 40s.  The music industry isn't about music but about moving small plastic discs.


sad truth. if real talent was what it was all about the youngsters would never had to put up with Justin Bieber and all those like him right on back as far as indecency in the recorded music industry goes. and in that bright & shiny world we would have honest politicians leading us to a better tomorrow.
 
2013-01-04 06:13:57 PM

ModernPrimitive01: utsagrad123: ModernPrimitive01: downstairs: ModernPrimitive01: No I don't have money to hire a copyright lawyer

Try to recruit Anonymous.

That's kind of like playing with fire. Sure it might torch my enemies or the wind could change and before I know it I end up with a dozen tranny strippers and a 1000 pizzas showing up at my door charged on my credit card


So as long as they make an appointment its all good is what you saying?
 
2013-01-04 06:50:28 PM

cyberkine: Good farkin luck - you're likely dealing with Russian criminals


So it's settled. Go to your nearest Russian pub and find someone to take care of your little problem.
 
2013-01-04 07:40:01 PM
Document everything.  Screen caps galore.  Lots of good notes.
 
2013-01-04 07:58:55 PM
No idea, but I just bought the song 20 times to say "fark you" to the submitter.

I keed. BT'd it.

Okay, I keed. I couldn't be arsed to put in the effort
 
2013-01-04 08:44:01 PM
Based on their ip address, they may be located in Germany.  A DMCA notice has no authority their.  You'll have to figure out what is feasible under German law.
 
2013-01-04 09:29:04 PM

ModernPrimitive01: Smeggy Smurf:
Well now I'm going to pirate it, record over it and post the results to youtube

/not really
//too lazy

The irony is that I would totally be fine with that. Hell, I've sent it to bloggers to feature on their sites. I want everyone that wants it to get it even if they don't want to pay for it. What I don't want is someone else selling it under false pretenses.

/you should record over it, it might make it sound better


Not that it matters much, but I told them I'd rather download it directly from the rightful artist/copyright holder rather than buy it from them.
 
2013-01-04 09:30:49 PM
Hit them where it hurts most:

1. Contact their ISP
2. Contact their credit card processor

Generally ISPs and credit card processors are very risk-adverse. If they find out their client is selling pirated content, they won't be happy.
 
2013-01-04 10:08:41 PM
Here is there domain information.

Registration Service Provided By: Namecheap.com
Contact: s­u­pp­o­rt[nospam-﹫-backwards]paehcema­n­*c­om
Visit: http://namecheap.com

Domain name: melodysale.com

Registrant Contact:
WhoisGuard
WhoisGuard Protected ()

Fax:
11400 W. Olympic Blvd. Suite 200
Los Angeles, CA 90064
US

Administrative Contact:
WhoisGuard
WhoisGuard Protected (951­55­42­4544240b­0­9­87796­a­a88­5­a­b7e3­*protect[nospam-﹫-backwards]drau­gsio­hw*c­om)
+1.6613102107
Fax: +1.6613102107
11400 W. Olympic Blvd. Suite 200
Los Angeles, CA 90064
US

Technical Contact:
WhoisGuard
WhoisGuard Protected (951­55­42­4544240b­0­9­87796­a­a88­5­a­b7e3­*protect[nospam-﹫-backwards]drau­gsio­hw*c­om)
+1.6613102107
Fax: +1.6613102107
11400 W. Olympic Blvd. Suite 200
Los Angeles, CA 90064
US

Status: Locked

Name Servers:
ns1.melodysale.com
ns2.melodysale.com

Creation date: 26 Jun 2012 11:28:00
Expiration date: 26 Jun 2013 03:28:00
 
2013-01-05 12:21:36 AM
Does BandCamp sub-distribute its files to other download sites or are you the sole authority?  I know CD Baby offers this service based on guidelines that the record label/artist set up for their music.  Does your statement from BandCamp (if there is one) list sales from other vendors?
 
2013-01-05 12:32:01 AM

ModernPrimitive01: Subby here, can just now post because I'm a liter. Here is my dilemma, I'm a one person show. I play all the instruments and do all the recording. Let me go ahead and say, this isn't to plug any of my music. It's depressive black metal meant for a niche audience and trust me fark isn't it. But I do have a genuine dilemma. The way I distribute my music is put it up on bandcamp with a "pay if you want option." In other words, I give away my music for free to anyone who wants it. Music doesn't support me, I work a regular 9-5. It's a hobby that I make very little money off of. However, it really upsets me that some random company downloaded my material and is trying to make a profit off of it at my expense. I can't even imagine they're making anything off it because you can get it on lots of torrents and blogs if you know where to look and the amount of people looking for atmospheric black metal is pretty small. I encourage people to share my music and if they feel it is worth something to them, it's their choice to donate to my page. I don't want some company making money from my fans (yes I do have a few) instead of just getting it from me. It's wrong on a lot of levels.

No I don't have money to hire a copyright lawyer. This is a hobby and what small amount of money I do make goes right back into updated recording equipment.

Yes, I followed their protocol for reporting copyright violations on their website, but I"m still being ignored.

Seriously, don't search out my music it's a waste of your time. Really, just don't.

what do? (just because you told me to stop using it)


The comment you left was probably the smartest thing to do - hopefully it won't be deleted. Even with a 20% discount, I can't imagine someone wanting to pay over getting it for free from the artist.

Hopefully they'll take it down though.
 
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