New Wave Outpost Forum

[quote][i]Originally posted by Big Josh Studd[/i]
<br>It does not matter if this person sells or does not sell d/l's on his site. Problem is, he's contributing to the act. Other people can go on there and download that stuff and then turn around and sell it. Im not saying either person's right or wrong, but if you think one did it and the other did not, you're all wrong. This person knows he's using copyrighted material, he even has a disclaimer on there saying he'll take it down if he needs to. That admits guilt. Not picking sides, because I think both are wrong, i am just saying, neither should be complaining about the other, they're both guilty of the stuff the riaa is talking about.
[/quote]

Josh, I both agree and disagree with you...by the letter of the RIAA law, both of these things may be illegal...HOWEVER, as has been pointed out, there's a huge difference between having old stuff available for your friends to d/l and enjoy and selling cheaply made repros for cash...

If we all went strictly by the letter of the law, I could find the last copy ever existing of 'Farty and the Poop Patch Boys', a record everybody wants, which has been out of print for 25 years. By your reasoning, and the skewed logic of the idiots at the RIAA, I would be in violation of the law if I burned this down and gave copies to my friends who love this band, since one of them may in turn burn it, give it and someone 200 burns down sells it. Then does it become a RICO case, conspiracy to commit fraud, and am I the ringleader since I handed out the first burn, knowing full well somebody 200 burns down might sell one?

What it coms down to imho, is intent...ekahob has no intent to distribute for any monetary gain, he simply wants his friends to listen to really cool stuff they could find nowhere else. DJJC is simply looking to profit by having a cd burner and a bunch of easily available stuff.

That's a huge difference...you know, I'll look for the letter of this law up on their site or email the RIAA anonymously and see if they answer...let's see if they see a difference or not...

ok, from the RIAA site...

U.S. Copyright Law {Title 17 U.S.C. Section 101 et seq., Title 18 U.S.C. Section 2319} Federal law protects copyright owners from the unauthorized reproduction, adaptation, performance, display or distribution of copyright protected works.

Penalties for copyright infringement differ in civil and criminal cases. Civil remedies are generally available for any act of infringement without regard to the intention or knowledge of the defendant, or harm to the copyright owner. Criminal penalties are available for intentional acts undertaken for purposes of "commercial advantage" or "private financial gain." "Private financial gain" includes the possibility of financial loss to the copyright holder as well as traditional "gain" by the defendant.

Where the infringing activity is for commercial advantage or private financial gain, sound recording infringements can be punishable by up to five years in prison and $250,000 in fines. Repeat offenders can be imprisoned for up to 10 years. Violators can also be held civilly liable for actual damages, lost profits, or statutory damages up to $150,000 per work.
****************************************************************

There's a whole bunch more, but that's the highlights...the rest is about bootlegs and things like what is considered ok to reproduce...like 3 second clips for teaching purposes...

...but what this says as I see it is that ekahob [i]may[/i] be held civilly liable for having his stuff for his friends, if the RIAA chooses to persue the perceived infraction.
DJJC, on the other hand, would be headed for civil and CRIMINAL court since he is directly attempting to profit from the reproduction of this material...

You gotta admit, that's a pretty big difference...

I agree with FritzB's take....very well said.

Wow, How did I miss all this? I was trying to get a rise out of DJ-NO-TASTE and to say the least, I did. As I was sarcastically picking on his list of quality CDs and his nerve of trying to sell cd-rs of heavy metal, I forgot to ask him how much for shipping.

I have actually sold a few CDs for a some of the artists I post through the links on my blog. I can track anything bought off Amazon so I do get some satisfaction of seeing somebody actually buy something and I admit I get a very small credit (pennies) at Amazon if someone buys through my link. I host the mp3s on my server which cost me $10 a month (if I don't exceed my bandwidth) so I see it as a very small recoup of my expenses.

Also, thanks for reminding me that I forgot to thank D.L. Byron for giving me permission to post his music. Whenever possible I contact the artist and ask. Sometimes I have interesting exchanges with them. I have even had a couple of artists contribute to the site. Some have contacted me after I illegally shared their music and thanked me. It's what makes it all worthwhile.

I have had several bands and publicists contact me and offer me CDs if I want to post their music but I have never responded since as mentioned, I only post old, mostly out-of-print "new wave" music. I'm not interested in posting new bands. These people obviously didn't invest two minutes in reading my blog. It's like promoting the Arcade Fire to a Hip-hop station.

Thanks for defending me guys.

[quote][i]Originally posted by ekahob[/i]
<br>Thanks for defending me guys.

[/quote]

Hey...I only did it so I can tell my friends 'I know a guy who knows D.L.Byron, of Times Square s/t fame'...[:D]

ekahob has an excellent site and it would be a shame to see it go the way of Torchomatic. If it encourages people to search material by the featured artists and those of a similiar type then he should be satisfied at a job well done.

To all Higsons fans, the album of "The Curse of The Higson" can be purchased here: http://web.onetel.net.uk/~workers_mc/pa ... igsons.htm

There is a best of CD as well but that is very hard to find.

Yes, I would agree, ekahob has a fantastic site. I went on it after reading this thread and ended up going out and buying some stuff from some of the bands he has listed. Cheers to EKAHOB!!!!! Job well done.

[quote][i]Originally posted by gilson80boy[/i]
<br>Yes, I would agree, ekahob has a fantastic site. I went on it after reading this thread and ended up going out and buying some stuff from some of the bands he has listed. Cheers to EKAHOB!!!!! Job well done.[/quote]

I totally agree. Torchomatic introduced me to great bands like
The Mood, Blue Zoo, Leisure Process etc. and ekahob is doing the same thing for other people. Long may it continue! [8D]

[quote][i]Originally posted by Frank_Chickens[/i]
<br>[quote][i]Originally posted by gilson80boy[/i]
<br>Yes, I would agree, ekahob has a fantastic site. I went on it after reading this thread and ended up going out and buying some stuff from some of the bands he has listed. Cheers to EKAHOB!!!!! Job well done.[/quote]

I totally agree. Torchomatic introduced me to great bands like
The Mood, Blue Zoo, Leisure Process etc. and ekahob is doing the same thing for other people. Long may it continue! [8D]
[/quote]
<font size=2>


Simon's site was great. Anyone been able to keep in touch with him?

<img src="http://img.photobucket.com/albums/v647/dbince/eight.gif"><img src="http://img.photobucket.com/albums/v647/dbince/spinning6.gif">

Well, if I got anything out of this debate, it's that ekahob's got a great site! Gonna be up all night now.

I used to frequent the Torchomatic site regularly. The forum's long gone, too.

It was the end of the site when the BPI (British Phonograhic Industry - UK's version of RIAA) pulled Simon's site for having songs despite none of them making a dent on the charts.

Simon knew he was a marked man and commented on it. When the axe finally came down, both the site and the forums soon went. [:(]

"DJJC is simply looking to profit by having a cd burner and a bunch of easily available stuff."

$3.00 -
$1.06 to $1.29 to ship - .75 to $1.19 for an envelope
-----------------------------------------------------

guys looking at a buck in change or less for his efforts. i don't think he'll be buying a double wide any time soon at that rate.

[quote][i]Originally posted by ekahob[/i]
<br> I was trying to get a rise out of DJ-NO-TASTE and to say the least, I did. As I was sarcastically picking on his list of quality CDs and his nerve of trying to sell cd-rs of heavy metal, I forgot to ask him how much for shipping.

[/quote]

Yeah, that's exactly what you were doing" sarcastically picking on his list of quality cd's". Yeah, you were "trying to get a rise out of DJ "no taste", that's it.

This is almost as laughable as you saying you dont sell music??? you admitted that you did. Nice try sharpshooter.

[quote][i]Originally posted by 1981baby[/i]
<br>"DJJC is simply looking to profit by having a cd burner and a bunch of easily available stuff."

$3.00 -
$1.06 to $1.29 to ship - .75 to $1.19 for an envelope
-----------------------------------------------------

guys looking at a buck in change or less for his efforts. i don't think he'll be buying a double wide any time soon at that rate.
[/quote]

I know.... I'll be able to get my mansion in no time huh?? 3 bucks a disc, yeah, that's so expensive. Thanks for trying to explain it again. So, I'm going to make a whopping .40-.50 cents on each cd?? not even considering it costs money for the blank cd's. So, take thast into account too: yeah buddy. Im makin a whole 30 cents. Drinks at the club are on me. Dopes!!!

DJJEFF YOU ARE MY HERO! How can I get your copy of the Bauhaus CD? I need that Bauhaus CD! Can you make a copy for yourself and send me the original? I'D LOVE YOU FOREVER!!![:X][:X][:X]

Those other guys are so lame for giving you a hard time about this but I do have to tell you that Skid Row really do suck![:D][:D][:D]

Anyway, let's make like Monty Hall and make a deal![:)][:)][:)]