Bootlegs

[Guest fanatic]

How about hosting bootleg mp3s - many bands do not mind fans swapping their bootleg recordings of concerts, some encourage it, but no record company will go as far as posting a licence saying 'ok for non-profit purposes' even if it is their policy, since this is generally a head-ache (lawyers drafting licenses that don't generate unfortunate precedent cost loadsa money, non-enforcement policy (reserving all rights of course) comes for free).

 

In other words; does TCH actively monitor content, and/or go ballistic over 'suspicious' content they come across during the normal course of events, OR does TCH wait for rightholders to contact them (cease&desist, dmca request etc.) before taking action?

Edited August 31, 2003 by borfast

[Head Guru]

Thats the strangest question I have been asked in a long time.

 

We do not allow the hosting of any illegal materials period.

 

Whether or not we go looking for it im not how sure how that matters.

 

However, we do not patrol the servers looking for such content, only that if we find it or are alerted to it we take action.

 

Thanks and good luck finding a new home for your website.

[ThatAdamGuy]

I do have to respectfully note that the original poster's query was not strange by any stretch of the imagination.

 

It'd be sort of like someone asking, "If I drive 60mph on your freeway, will I get pulled over?" The literalist says, "The speed limit is 55mph -- you're asking about an illegal practice!" The practical person, however, would respond, "Technically going over 55mph here is against the law. However, for all intents and purposes, no one is ever pulled over for going slightly over the speed limit as long as they are driving safely."

 

Bootleg recordings fall under the same area. To my knowledge (and as a law student and musician I actually HAVE studied this), no one has been charged with owning or distributing "bootleg" recordings of live concerts from bands like, say, The Grateful Dead or Phish, both of which actually have encouraged such activities.

 

Whether your hosting company wishes to be involved in a 'gray area' like this or not is certainly your perogative, but I did want to defend the original poster here and note that his/her request was hardly that extraordinary

[leezard]

I'm not in a band or involved in the music industry, BUT I do have close friends in two bands that are signed to major record labels, and speaking from experience (I have a TON of live recordings, unreleased stuff from both bands) The majority of bands and record labels dont like you sharing bootleg material.

[Head Guru]

I consider the hosting of illegal bootlegged copies extraordinary.

 

The practical person, however, would respond, "Technically going over 55mph here is against the law. However, for all intents and purposes, no one is ever pulled over for going slightly over the speed limit as long as they are driving safely."

If your break the law, you are a violator. It matters not if your caught or not.

 

What defense attorney would use the argument "but my client only shot him once".

 

Your statement is what a violator says to excuse his behavior. When you violate you violate. The laws are not meant to be bent, twisted or broken are they?

 

Let me point you to a specific law.

 

It is a violation of federal law (17 U.S.C. 106(1)) to distribute, rent or sell illegally duplicated copies, even if the copies are made by someone else (17 U.S.C. 106(3)). The Communications Act of 1934, as amended, (47 U.S.C. 605) and related statutes also prohibit the unauthorized reception of films via satellite or cable TV. Copyright infringement and violation of the Communications Act are felonies under federal law and carry maximum sentences of up to five years in jail and/or a $250,000 fine. Both laws also provide for copyright owners to seek civil damages.

 

Now, lets examine the thread starters question -

 

How about hosting bootleg mp3s - many bands do not mind fans swapping their bootleg recordings of concerts, some encourage it, but no record company will go as far as posting a licence saying 'ok for non-profit purposes' even if it is their policy, since this is generally a head-ache (lawyers drafting licenses that don't generate unfortunate precedent cost loadsa money, non-enforcement policy (reserving all rights of course) comes for free).

 

That is in direct violation of federal law. I will quote directly from the law "distribute, rent or sell illegally duplicated copies, even if the copies are made by someone else".

 

Case closed.

 

If you host illegal content on our servers your site will be terminated without notice.

 

I don't host spammers, pirates or bootleggers.