Re: [microsound] Possibly illegal mp3 sales site

[GrahamWakefield <graham@xxxxxxxxxxxxxxxxx>]

I hope the irritation a user might encounter when reaching the 'not
available for purchase yet' or worse still the [1]smallprint wouldn't be
reflected upon the artist/label etc...

How do you act against that?

On 8/10/04 8:08 am, "tobias c. van Veen" <tobias@xxxxxxxxx> wrote:

>
>
>
> 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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