SLMC

Doubledown Tandino

recently a situation came up (I'll leave the situation description for the people that know it best) where a music site suspended a music artist, however that artist's music is still up on the music site.

So...... beyond any sites TOS... an artist's music is theirs, they have total control. If they want their music removed from a music website, it needs to be removed when requested..

So my question is, what are the options or steps involved in a situation like this.
Obviously, step 1 is contact the website and ask for the music takedown.

.... then what?
_________________
DJ Doubledown on The Sixty-One ~ SL DJ & Club Scene Blog
Ravelong Productions @ SLMC Info Island

Silas Scarborough · Joined: 04 Sep 2007 Posts: 1185 Location: Rhode Island

All you've got after that is lawyers, guns, and money. It's grim but nothing else works if people aren't going to be civilized about stuff like that.
_________________
Ever vigilant for da gooses overhead.

- Silas

My Web site is at myducksoup.com

Doubledown Tandino · Posted: Thu Jun 26, 2008 3:34 am Post subject:

Silas Scarborough · Joined: 04 Sep 2007 Posts: 1185 Location: Rhode Island

Sorry, bro, but did you ever hear of the Better Business Bureau doing anything for anyone. They're just a reference bureau and have no power at all as far as I know. Maybe Zak can suggest some magic but I rather doubt it.

There was probably some agreement that was selected prior to uploading the music and, more often than not, they have fine print that says the Web venue can do whatever it wants with the music. I'd like to say there's some way of dealing with this but even with lawyers, guns, and money, I suspect not much can be done.
_________________
Ever vigilant for da gooses overhead.

- Silas

My Web site is at myducksoup.com

Doubledown Tandino · Posted: Thu Jun 26, 2008 11:51 am Post subject:

Ironically, the BBB has worked positively for me 3 times.
Given, it was nothing to do with music. Just a company ripping me off.
But, yeah, went to BBB on Best Buy once and ended up with money back a month later... and I could follow the progress on their BBB site.

... so yeah BBB doesn't DO anything... but they are there working for the common man against businesses.... so they will send em an official notice. And any company with negative BBB files on em, just in general will be less successful. I'm just saying the BBB doesn't really DO too much, but companies don't want the negativity from BBB and go out of their way to resolve claims.

Consider Linden Lab for example..... Linden Lab makes an exerted effort to resolve the BBB claims on em.... even before support tickets.
_________________
DJ Doubledown on The Sixty-One ~ SL DJ & Club Scene Blog
Ravelong Productions @ SLMC Info Island

Silas Scarborough · Joined: 04 Sep 2007 Posts: 1185 Location: Rhode Island

The first question in any lawsuit is what were the damages. In this case, the damage is that the Web site is making money through click charges or whatever and those are increased to some undetermined extent but the presence of this hypothetical person's music. The person doesn't get a piece of the action and is therefore damaged.

The fine print in the upload deal probably says the artists aren't entitled to a split on those click charges so that takes you back to the start with what are the damages.
_________________
Ever vigilant for da gooses overhead.

- Silas

My Web site is at myducksoup.com

Doubledown Tandino · Posted: Thu Jun 26, 2008 12:03 pm Post subject:

I read carefully thesixtyone.com TOS and upload TOS.
It doesn't hold up for anything in case anyone is wondering. Beyond it being simply a TOS that can't hold up.... it generally also says the whole point is the artist controls their music... so thats the sum up of the61's TOS. Yes, they may make a few extra bucks or clicks before the required takedown.....
but damages now are minimal, but damages after a music website purposely refuses to adhere to a musician's wishes of removing their music.... well, that could potentially be a major court win if the music site was that stupid to ride it out to court.
_________________
DJ Doubledown on The Sixty-One ~ SL DJ & Club Scene Blog
Ravelong Productions @ SLMC Info Island

Silas Scarborough · Joined: 04 Sep 2007 Posts: 1185 Location: Rhode Island

Does it say specifically that the Web site is required to take the artist's music off the site when requested. If it doesn't, you can argue about what control means until the clouds fall out of the sky and not get anywhere. Web law is very much an oyxmoron.
_________________
Ever vigilant for da gooses overhead.

- Silas

My Web site is at myducksoup.com

ticious · Joined: 03 Sep 2007 Posts: 2087 Location: Chicago

I took a class on tax law once many, many years ago. The entire focus of the class was NOT on the laws themselves. The professor's theory was that the laws change too often to be much worth memorizing.

The focus of the class was to unlearn what you learned in lit classes. In short, if a thing isn't SAID it isn't LAW and it isn't LEGALLY binding. Yes, you can take it to court. On rare occasions, you might sway a judge. More often, the entity that wrote what you're quoting is going to prevail, particularly if the writing is silent or ambiguous and particularly if you can't prove HARD damages (meaning real money it cost you, not potential money you may have earned but didn't). So the lesson he was teaching was that anything you interpret between the lines, you interpret at your own peril.
_________________
Joy is in the ears that hear
- Saltheart Foamfollower
- The Chronicles of Thomas Covenant

Silas Scarborough · Joined: 04 Sep 2007 Posts: 1185 Location: Rhode Island

DD, dunno if it matters taking stuff of sixty-one anyway. The object of putting jams up there was to give them away and they're still giving them away so the only gainer is spanking sixty-one for the changes they made recently. The same applies to SLusic and a bunch of other sites. Once they've got your stuff, it's pretty much gone but what does it matter, really?
_________________
Ever vigilant for da gooses overhead.

- Silas

My Web site is at myducksoup.com