Friday, July 3, 2009

The Brainless removal of content : No Respect from the DCMA or the IFPI...

YouTube - South Park - Somalia Pirates



So I posted a review and mp3 link to Noah and the Whale's "First Day of Spring", a couple days ago. The song in question is available as a free mp3 download on the band's site. So out of all posts, I'm shocked to see that the DMCA has targeted that one. I got the whole email. I have contacted blogger to explain things, but its been days and no response. Here's what I was sent (expand article to see).


"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"



Now, I love Noah and the Whale and they are an incredibly blog friendly band. In fact, I heard about them through music blogs.

I did write that one bad concert review on them (see here). But I also gave their album a glowing review and furthermore I praised this new song with flying colors. So whats going on? Seriously, being new to the blogging scene and not having a backup I felt hurt.

Seriously, does anyone read the disclaimers on the sides of music blogs? I mean brainless attacks like this are just inexcusable. I emailed blogger and still no response. I have redone that post as best as I could, now with a link to download the mp3 via their site.
Link Here
But, it still upsets me. There is a fine balance between pissing people off and making sure things stay fair. I had to reformat the whole post and it was just a pain in the ass and it was time consuming.

It just shows lack of respect, and it makes them out to be some brainless copyright crazy computer out to censor and annoy. I've done 3 pieces on Noah and the Whale. I'm a university student in biochemistry and that makes time a resource that is really precious. So when I've taken the time, to write 3 essays on the band and attend a show (which, was during my final exam period) its just a piss off. MP3 blogs, make little to no money and serve solely to promote mainly indie artists. As I mentioned I heard about Noah and the Whale through a MP3 blog.

I'm sure the band has nothing to do with it personally and I don't take it personally. But, I do take offense that someone associated with the band didn't have the courtesy to simply email me before going all "DANGER! DANGER! DANGER!" on me and calling the FUZZ.


(MORE AFTER THE BREAK, MP3s and Videos)


They need to watch those South Park. Episodes on The Gay Fish (Wikipedia Article) and The Somalian Pirate (Seriously the wikipedia article is hilarious). I think they portray messages that really need to get through their heads.

Personally I believe that they go about trying to change music in the wrong way.

The perfect article on this can be found here. To all those who haven't read it, its a great read.

When Pigs Fly: The Death of Oink, the Birth of Dissent, and a Brief History of Record Industry Suicide.


MP3s
Kanye West - Gay Fish (Full version)




Still please do support Noah and the Whale. They do make great music


Amazon Links


Amazon.ca
Peaceful, The World Lays Me Down


Amazon.com

Noah and the Whale Music (Pre-order the new album)
Noah and the Whale MP3s at the MP3 Store

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