Thursday, December 11, 2008

This is getting beyond a joke...




...the other day, I painstakingly wrote out my Festive Fifty for 2008.

After much deliberation, I finalised it, posted it, and added some mp3s. One artist, Dom De Luca, even sent out a mass email to say how pleased he was, which made me feel like I was doing some good.

Then I got this email this morning from Blogger:

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 from the International Federation of the Phonographic Industry (IFPI) and the record companies it represents, 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 IFPI is a trade association that represents over 1,400 major and independent record companies in the US and internationally who create, manufacture and distribute sound recordings (the "IFPI Represented Companies").

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://www17seconds.blogspot.com/2008/12/17-seconds-festive-fifty-2008.html

To say I am angry would be an understatement. I emailed Blogger, and as yet have not received the apology nor explanation I demanded. (I am pushing my luck on the first one but it's the principle of the thing).

Let me say this once and for all: Blogging is not stealing, it is promoting music. There is a disclaimer on the blog which states pretty clearly that if people don't want to post stuff, then to email me and I will remove it. But when an act of flattery, I would have thought, is treated like this, it makes me wonder why I bother.

Blogger as I have said before, are cowards for not standing up to these authorities. Do people really believe that reputable Bloggers will not remove mp3 links when asked? And seeing as half the music industry is desperate to get featured on blogs, it seems a bit rich to undermine what can and cannot be printed. That's called CENSORSHIP.

So...I will repost my Festive Fifty. But I am hopping mad. I am appalled that the takedown notices, which have NOTHING WHATSOEVER TO DO WITH ARTISTIC INTEGRITY, UNLESS YOU ARE SERIOUSLY DELUDED, AND EVERYTHING TO DO WITH RICH, GREEDY, EVIL TOSSERS. WHO ALMOST CERTAINLY HAVE DODGY RIGHT-WING VIEWS, USE THE LAW TO SILENCE THEIR DETRACTORS, CHEAT ON THEIR WIVES. IT IS MORALLY ACCEPTABLE, NAY, NECESSARY TO EXPOSE THESE PEOPLE FOR THE EVIL __________ THEY ARE, PERHAPS BY PUTTING THEIR NAMES, ADDRESSES, EMAILS, PHONE NUMBERS ON THE WEB.

And any musician who seeks to silence blogs doesn't deserve to sell records. You are no better than Daily Mail reading scum. May your kids be taken permanently into care, your partners take every penny you have and you burn in hell for eternity.

Rant over.

28 comments:

Mister P said...

As I wrote on the Vinyl Villain's blog earlier in the week when he also got DMCA'ed (it's not fun to stay at the DMCA)... ne te confundum illegitimi...!

Great blog - don't give up!

Ed said...

Thank you for your support, it means a lot!

Ed

Lisa Rullsenberg said...

Yeah, I second that: sorry you have had a sucky time from DMCA. Like you say, it isn't as if you don't let people withdraw their tunes if they don't want them up...

JC said...

Have you worked out which track might have caused such offence??? I bet it was your choice of Leona Lewos.......

Anonymous said...

This is pish Ed, I don't see them doing anything about torrent sites.Surely these people realize that if you are any kind of music fan you are not going to be satisfied with one track downloaded at 128 kbps, if you like what you hear you go out and buy the album.
What we need is a list of the bands, record labels etc that object to the free publicity and for yourself and the other bloggers out there to ignore their releases and for us who read the blogs not to buy it (let's hope that MES isn't one of them).
Keep on keeping on.
Drew

Simon said...

Ed, keep up the good work. That last paragraph is quite possibly the post of the year.

:)

How Marvellous... said...

pah, browser crashed after writing a long comment about ways to avoid dmca notes,

I only found your blog very recently & think it'd a be a great shame if you stooped writing.

Andrew Weiss said...

I hear you, Ed, and hope you don't get discouraged.

I wish there was some transparency or rhyme and reason to the process. Three takedown notices in three days for posts seven to eighteen months previous with dead music links. And that version of my blog is no longer active or public!

I thought Muxtape was a horribly misguided idea guaranteed to rile the wrong people, but the founder's comments about dealing with the label execs were telling -- "We're shutting you down" in one breath, and "How do you see your site and our company working together?" in the other.

Mr. Left Hand, meet Mr. Right Hand.

Davenelli said...

Don't even think about chucking it in, you're far too good to do that.

It amazes me that the major labels have missed the whole point of blogs running mp3 downloads.

Most indie labels love guys like you posting a song or two from their catalogue as it boosts the profile of the artist and the label and in turn drives up sales of their other releases.....the majors seem unable/unwilling to grasp the fact that there are huge numbers of music fans out there who download from sites like this, like what they hear and duly purchase a release or two from that artist.

As a founder of a small label we rely on the goodwill and talent of dedicated bloggers like yourself to share our roster with the wider world.

Keep on rockin'

FiL said...

Dearest Ed, thanks for continuing to fight the good --nay, fucking EXCELLENT-- fight!!

P.S. Haven't listened to a note of Glasvegas since The Incident.

Jacques the Kipper said...

Ridiculous. Keep on keepin on.

Highlander said...

Chin up Ed. Only the music industry would be so enormously stupid as to alienate people who are, it must be said, a pretty hardcore bunch of music fans. Their increasing heavy-handedness only hastens the demise of their relevance and hence, themselves.

And you're right, it is only ever about the money.

manicpopthrills said...

You're obviously on somebody's radar but try and keep the head up, Ed.

Corporare cowardice doesn't surprise me - what gets me about the whole thing is that Glasvegas never had the deceny to get back to you.

Is there a black list of artists anywhere? (headed by Glasvegas ...)

Ed said...

This appeared in my inbox:

Hi Ed,

I just read more about your plight with the DMCA at TVV. I'm truly sorry to hear about all this - I'm running out of words to express the same solid counterargument against all this. There are plenty of other sources for filesharing and illegal music downloads out there that don't have the obvious care and passion for music as their purpose like you have. You are well within the law to be posting single songs, especially since the links expire. Anyhow, I just wanted to let you know that you have my support. I read your blog regularly, and I don't want it to be sacrificed for these privacy-infringing cretins. All of this makes me hope that I never have enough traffic to my blog for the bullies to find me.

Larissa

www.condemnedtorocknroll.blogspot.com

Ed said...

Hi guys, I'm really touched by your support.

I still maintain that the whole purpose of this blog is NOT to stop people buying music but promoting it. There are so many words of encouragement above that i cannot single one person out. Just know that I am really grateful.

And still no bloody word from Blogger.

Codex said...

This is an awful thing to happen to an excellent blog.
Keep fighting the good fight and promoting good music!

So It Goes said...

Yeah buddy, and you'll never fucking get one. It's a cruel and random attempt to claw back pennies from an industry that is already bleeding millions.
Please listen to me, Ed: DO NOT post links on your main page any more. Do what I do. I managed to repost my Beatles takedown AND get their mp3s AND Van Morrison's (up yours Web Sheriff) available by using subterfuge (I'm not going to spell it out, since you never know who's reading this), and I've not had a day's trouble since. It's the old old story: to get anything done in the cause of the music you love, to get people to buy CDs or get i-tunes or whatever, you have to go underground.
Looking at what I've just written, it seems a little tough talking, but that is because it's not meant just for you. It's also for all the other people who have been shafted by this draconian bullshit. I cannot stand by and let you, my great friend, and other excellent people give in to this crap. And as for giving up 17 Seconds...don't be so bloody daft. ;-)) We all love you, and that's an end to it. I hope we don't need to have this conversation again.
From The Man Who Came Back, Steve (with all my very best to you and Sam).

MikeB said...

Ed,
Listening to songs posted on your blig has unearthed some great new music and I've subsequently gone out and purchase EVERYTHING I've liked. Was actually looking forward to exploring your festive fifty this weekend. The DMCA is killing music and restricting a tremendous showcase for new bands and lesser known bands from the past. Keep the faith and keep up the great work. By the way, my 5 yr old absolutely loves the Low vid you included this week.
Cheers, MikeB.
On a side note, they tried to ban Cigar bars in Boston, MA today but they got a 10 year reprieve. Surely the powers that be have got better things to focus on right now than policing the blogosphere and denying folks the right to smoke a stogie.

Dave T. said...

Right On! Thanks for the great writing and commentary, and keep up the great work, please.

Dirk said...

Oh Ed, I'm lost for words ...don't give up, mate: your blog is and always has been a true inspiration for so many of us, so please please please don't let those bastards grind you down!!

All the very best,

Dirk/Sexyloser

Ed said...

Wow - thank you all very, very much for your continued support. I will take your advice Steve -if people are looking for mp3s, you might just have to write some feedback *CLUE PEOPLE*. Ask and you shall receive...

dickvandyke said...

Yeeeeee-hah! Good on yer son.

Anonymous said...

Just back home and have just found out tonight that its happend again.
Argh! You know what i think and all that so just keep on going...hopefully 2009 will be better.(good amount of feedback again i must say)
SW

Anonymous said...

can i state for the benefit of record companies that due to this blog and others like it i have bought music, THATS PROFIT AND MONEY TO YOU, YOU STUPID BASTARDS, jesus how did they ever stay in business? bleedin' aresholes the lot of them
A.J

adam said...

Keep going Ed, the companies are wasting their time, pissing in the wind because they don't get the new model and all they do is make enemies out of their own future by alienating the music's biggest fans. I'm sure you won't stop and I'm glad of it.

Ed said...

Thanks folks, as SW says, a pleasing amount of feedback!

a Tart said...

muuuaaahhh! Ed darling, we will always be here as long as you will :) And hook or by crook we will continue. xx

Ed said...

Cheers, Tart, might be worth people checking the comments pages from now on for mp3s...X