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December 6, 2008

Chilling Effects...

Blogger has been notified, according to the terms of the Digital Millennium Copyright Act (DMCA), that certain content in your blog infringes upon the copyrights of others. The URL(s) of the allegedly infringing post(s) may be found at the end of this message.

The notice that we received from the International Federation of the Phonographic Industry (IFPI) and the record companies it represents, with any personally identifying information removed, will be posted online by a service called Chilling Effects at http://www.chillingeffects.org

. We do this in accordance with the Digital Millennium Copyright Act (DMCA). Please note that it may take Chilling Effects up to several weeks to post the notice online at the link provided.

The IFPI is a trade association that represents over 1,400 major and independent record companies in the US and internationally who create, manufacture and distribute sound recordings (the "IFPI Represented Companies").

The DMCA is a United States copyright law that provides guidelines for online service provider liability in case of copyright infringement. We are in the process of removing from our servers the links that allegedly infringe upon the copyrights of others. If we did not do so, we would be subject to a claim of copyright infringement, regardless of its merits. See http://www.educause.edu/Browse/645?PARENT_ID=254 for more information about the DMCA, and see http://www.google.com/dmca.html for the process that Blogger requires in order to make a DMCA complaint.

Blogger can reinstate these posts upon receipt of a counter notification pursuant to sections 512(g)(2) and 3) of the DMCA. For more information about the requirements of a counter notification and a link to a sample counter notification, see http://www.google.com/dmca.html#counter.

Please note that repeated violations to our Terms of Service may result in further remedial action taken against your Blogger account. If you have legal questions about this notification, you should retain your own legal counsel. If you have any other questions about this notification, please let us know.

Sincerely,

The Blogger Team

Affected URLs:

http://grapewrath.blogspot.com/2007/12/sippie-wallace-with-jim-kweskin-jug.html

9 comments:

Anonymous said...

Boo! Two in one day!

Anonymous said...

I think that most of what you have posted must be in public domain as it is mostly older than 50 years!

brokedownengine said...

I got this same notice yesterday. Not sure where to go from here. They called me out on a Django Reinhart album I posted months ago. I could understand if we were posting new albums but this is a bunch of crap. I guarantee no one is buying Jim Kweskin and Sippie Wallace from the record store because no record stores carry it. All the best to you.

The Irate Pirate said...

I'm not sure where to go from here either. It does seem odd that the complaint was for an album that isn't even in print in that form anymore, but it seems that blues blogs/boards have been very targeted recently.

I find it ironic that it came at the heels of a discussion on ethics that seemed to really re-affirm the way that the blog actually helps the musicians/labels. And it came just 2 days after I got a message from someone with Dan Hicks' new label, thanking me for the blog.

I'm not sure what the level of risk is in the present circumstance -- i.e. if another complaint occurs does blogger terminate the blog or my google account or is someone going to pursue legal action...

Other blogs have gotten these notices before and they usually weren't shut down right away, but there was a brazilian blog who's link-list was being held by the brazillian police (& oddly enough, remained public, so that people could continue to download).

One option would be to remove the links from the blog itself and host them elsewhere, so that all our work would not be in vain.

I don't know what the best thing to do is, but it seems a fairly strong recommendation from the universe to 'spend less time at the computer'...

best,
T.I.P.

Bloody Holly said...

Hi irate pirate!

There's a function in the blogger dashboard >settings >basic >shall search engines find your blog, which you simply have to set to "no".
Then search engines are prohibited to crawl your blog and your posts don't appear on google any more.
(I use that for more than one and a half year now)

The current chilling effects complaint series solely happen to blogs who let themselves be crawled by search engines.
Of course you will have only have as much readers afterwards, but who cares, we don't live on click counts and google adds (and people who come in via search engines never comment...)

It's a pirate business we do (even if we post oops and bootlegs, we don't owe the rights) and it's counterproductive to "advertise" on google at the same time.

Rockin the Blues said...

Thanks

http://www.rockintheblues.com

exilestreet said...

Guys/
Chilling Effects are on OUR side. They were set up by the ELECTRONIC FRONTIER FOUNDATION one of whose founders is John Barlow (the Grateful Dead lyricist). I posted his declaration of the independence of cyberspace here:
http://exileonmoanstreet.blogspot.com/2008/11/still-as-relevant-now.html

Blogger/Google has to give them a copy of the DMCA takedown notice, it is the people that are issuing them that are the problem and I see the name 'International Federation of the Phonographic Industry" (IFPI)again and again,
I have had 2 posts pulled since I started this blog 2 months ago on posts that linked to the archive.org


OK just was about to send this and I am getting your pathway posts
Regards/

Anonymous said...

Freinds the world lost a good man.

Anonymous said...

Broke down engine has been removed , that sucks it was a great blog , I hope your not next .