Re: [microsound] Possibly illegal mp3 sales site

["tobias c. van Veen" <tobias@xxxxxxxxx>]

Of note,



> this from another website:
>
>
>
> Dear Sirs and Madams,
>
> My name is Ulukman Mamytov and I am the attorney for jetgroove.com.
>
> I bring you apologies from JetGroove for making you worry about your
> copyrights infringements and your music repertoire being presented on
> our website. I want to assure you that jetgroove.com having started a
> new Online Music Download Service pursues the objective of making your
> music more wellknown and accessible and ONLY BY LEGAL MEANS.
>
> That means we DO NOT SELL any of your music without obtaining a proper
> permission (License) from you or other respective rightholders. You can
> easily check this by trying to purchase any of you music. Everything
> that you choose to put in your cart will have status: "Not Available For
> Purchase Yet".


The "yet" implies a future contract to both users and in the context of this
letter, to the music owner.

In law this is known as false advertising on the one hand and coercion on
the other.


The model of Jetgroove.com is good. Their business tactics are atrocious.

One could quite easily send a CEASE & DESIST letter to JetGroove if one
wished under the DMCA (as much as I detest the DMCA, at least make it work
for you if you deem it necessary).

They don't have permission, legally, to list any work as "yet." It could be
argued that they must say: "Not Available for Purchase [1]."

And the [1] must explain that they haven't entered into contractural
negotiations with the owner of the music's rights and that the listing is
purely hypothetical.


tV


> It could only be put "ON HOLD". And we do not change that
> status untill the contract is signed and your permission is granted. In
> this case all of your music will be given "Allowed for Selling" status
> and people who have it in their shopping carts will be able to buy it.
>
> The experince of showing your music on our website without distributing
> aimed to draw your attention to us, with further goal to make contacts
> with you on friendly terms with a perspective of mutually beneficial
> partnership. We¹re glad to inform you that your music is getting popular
> indeed through our website and we can let you know at any time how many
> of your tracks were put on hold and which ones.
>
> However, we deeply understand your concerns and would like to assure
> you, if you find our relationships impossible, we will IMMEDIATELY
> delete all of your music from our music collection.
>
> Hope you¹ll find our offer to make your music more popular through us
> rather reasonable and we can start that mutually beneficial partnership.
>
> Very Truly Yours,
>
> Ulukman Mamytov
>
> Jetgroove LLP
>
> Legal Department
>
>
>
>
>
>
>
>
> "He who has rejected his demons badgers us to death with his angels"
> Henri Michaux
>
> www.alembic.me.uk
>
>



tobias c. van Veen -----------++++
http://www.quadrantcrossing.org --
http://www.thisistheonlyart.com --
McGill Communication + Philosophy
--- New School Philosophy --------
ICQ: 18766209 | AIM: thesaibot +++


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