Comments for Internet Law http://allangregory.com Research & Commentary served fresh daily Fri, 27 Jan 2012 02:33:28 +0000 hourly 1 http://wordpress.org/?v=3.3.1 Comment on Music Copyright Police Ruin Artists’ Gigs (and Coconut Curry) by patrock http://allangregory.com/music-copyright-police-ruin-artists-gigs-and-coconut-curry/#comment-118 patrock Fri, 27 Jan 2012 02:33:28 +0000 http://allangregory.com/?p=97#comment-118 I followed this post over from the TorrentFreak blog.... I'm a member of BMI and I do get my measly, but very appreciated royalty checks along with statements every few months. I'm glad someone is trying to keep track if only for the sake of statistics. I have toured with bands a bunch and worked a bar/venue here in San Francisco for almost 10 years. I have seen these license shakedowns quite a few times and almost every situation is so shady on the part of the CRO. It's unfortunate that BMI or ASCAP operates like this because in general most people have no idea that these licenses exist and what they cover. So out of the blue they get fined and threatened. I don't even think a lot of artists know these shakedowns happen..... and for the most bullshit reasons. People that represent me (BMI) routinely bully and bitch slap the public because they like art and enjoy songs. It's no wonder people have no respect for the value of music. If ASCAP or BMI worked in a more of an advocate role and stopped blindsiding people with threats I wouldn't feel so damn guilty charging people money for CD's and shows. patrock I followed this post over from the TorrentFreak blog….

I’m a member of BMI and I do get my measly, but very appreciated royalty checks along with statements every few months. I’m glad someone is trying to keep track if only for the sake of statistics.

I have toured with bands a bunch and worked a bar/venue here in San Francisco for almost 10 years. I have seen these license shakedowns quite a few times and almost every situation is so shady on the part of the CRO. It’s unfortunate that BMI or ASCAP operates like this because in general most people have no idea that these licenses exist and what they cover. So out of the blue they get fined and threatened.

I don’t even think a lot of artists know these shakedowns happen….. and for the most bullshit reasons. People that represent me (BMI) routinely bully and bitch slap the public because they like art and enjoy songs. It’s no wonder people have no respect for the value of music. If ASCAP or BMI worked in a more of an advocate role and stopped blindsiding people with threats I wouldn’t feel so damn guilty charging people money for CD’s and shows.

patrock

]]> Comment on Contact Me by Phillip T http://allangregory.com/contact-me/#comment-59 Phillip T Sun, 13 Nov 2011 05:24:56 +0000 http://allangregory.com/?page_id=42#comment-59 I have a certified letter waiting for me to pickup at the PO, Its from Charter communicayions, my belief is its a subopena, forgive my spelling, my worry is its in my wifes name as she has the acct.. she is the only employed one in our house and im worried they will attack her as well as her 401k, we received a infringement warning some time ago after having some famly members stay at our apartment in which we rent.. times are tough for us and now i get this cert letter card which i have to get on Monday.. what should we do.. times are tough for us in this economy and being jobless myself now what should we do? Any more pressure and i could be in for a divorce.. and i dont want her to loose the little she has.. yoour recomendation and advice is appreciated.. I have a certified letter waiting for me to pickup at the PO, Its from Charter communicayions, my belief is its a subopena, forgive my spelling, my worry is its in my wifes name as she has the acct.. she is the only employed one in our house and im worried they will attack her as well as her 401k, we received a infringement warning some time ago after having some famly members stay at our apartment in which we rent.. times are tough for us and now i get this cert letter card which i have to get on Monday.. what should we do.. times are tough for us in this economy and being jobless myself now what should we do? Any more pressure and i could be in for a divorce.. and i dont want her to loose the little she has.. yoour recomendation and advice is appreciated..

]]> Comment on Music Copyright Police Ruin Artists’ Gigs (and Coconut Curry) by M. Slonecker http://allangregory.com/music-copyright-police-ruin-artists-gigs-and-coconut-curry/#comment-25 M. Slonecker Sat, 15 Oct 2011 03:26:20 +0000 http://allangregory.com/?p=97#comment-25 Re your above comments, something seems missing here. I have dealt with ASCAP, BMI and other similar organizations, and not once has an attorney ever been the point of contact in the first instance between the organization and a business proprietor. Experience suggests that the individual was one of BMI's employees, and not an attorney. Can such individuals be perceived as intimidating? Of course, but that perceived intimidation can quite easily be dealt with to the satisfaction of all. Re your above comments, something seems missing here. I have dealt with ASCAP, BMI and other similar organizations, and not once has an attorney ever been the point of contact in the first instance between the organization and a business proprietor. Experience suggests that the individual was one of BMI’s employees, and not an attorney.

Can such individuals be perceived as intimidating? Of course, but that perceived intimidation can quite easily be dealt with to the satisfaction of all.

]]> Comment on Music Copyright Police Ruin Artists’ Gigs (and Coconut Curry) by magnus atravard http://allangregory.com/music-copyright-police-ruin-artists-gigs-and-coconut-curry/#comment-24 magnus atravard Thu, 13 Oct 2011 17:04:34 +0000 http://allangregory.com/?p=97#comment-24 Hmmm...Just what the people in US needs today, 20% unemployed, and the lawyers from wall street tries to find a new market, ( yes they reccenly crashes their own backyard ) so they scares the hell out of small enrepeneurs who try to start a buisness that could at least feed a handful of local musicans, who support the local musicstore and so on. But sorry to say America is America and with your stupid law system, it will all end up like this. We have seen it in the patent war beetween different software producers, now that inkomewell decline, so they go looking for new markets! Screw that wall street people and fight back, it s possible and have to be done, otherwise you can get sued whistling a theme song! Hmmm…Just what the people in US needs today, 20% unemployed, and the lawyers from wall street tries to find a new market, ( yes they reccenly crashes their own backyard ) so they scares the hell out of small enrepeneurs who try to start a buisness that could at least feed a handful of local musicans, who support the local musicstore and so on. But sorry to say America is America and with your stupid law system, it will all end up like this. We have seen it in the patent war beetween different software producers, now that inkomewell decline, so they go looking for new markets! Screw that wall street people and fight back, it s possible and have to be done, otherwise you can get sued whistling a theme song!

]]> Comment on Music Copyright Police Ruin Artists’ Gigs (and Coconut Curry) by Patrik Söderlund http://allangregory.com/music-copyright-police-ruin-artists-gigs-and-coconut-curry/#comment-18 Patrik Söderlund Sun, 09 Oct 2011 05:01:57 +0000 http://allangregory.com/?p=97#comment-18 I am one of the Swedish Pirate Party members. I'm also a former art school student with a really big interest in culture, music, art and so on.... This story you write about here is a really good example that effectively reveals one of the copyright lobbyist groups biggest lies as false as it is. The one they try to tell every human being, the one that's about how they care about small artists and their market, work and living... I am one of the Swedish Pirate Party members. I’m also a former art school student with a really big interest in culture, music, art and so on….

This story you write about here is a really good example that effectively reveals one of the copyright lobbyist groups biggest lies as false as it is. The one they try to tell every human being, the one that’s about how they care about small artists and their market, work and living…

]]> Comment on Contact Me by allang http://allangregory.com/contact-me/#comment-16 allang Sun, 09 Oct 2011 00:56:56 +0000 http://allangregory.com/?page_id=42#comment-16 Deane, Thanks for the compliments. Unfortunately, I cannot comment on your proposed hypothetical secenario posed in your question, as that would constitute legal advice. What i can point you to is back to the original article - in it I mention that what BMI and ASCAP are doing is completely within their legal rights to do so. There is no legal wrong being committed, civil or criminal. It is a dirty business, and I find it reprehensible myself. But it is not BMI and ASCAP that are in the wrong. It is US copyright law itself that is broken. Thanks again! -Allan <em>please note this response does not constitute legal advice and is not intended as so. Additionally, this response does not constitute an attorney-client relationship</em> Deane,
Thanks for the compliments. Unfortunately, I cannot comment on your proposed hypothetical secenario posed in your question, as that would constitute legal advice. What i can point you to is back to the original article – in it I mention that what BMI and ASCAP are doing is completely within their legal rights to do so. There is no legal wrong being committed, civil or criminal.
It is a dirty business, and I find it reprehensible myself. But it is not BMI and ASCAP that are in the wrong. It is US copyright law itself that is broken.

Thanks again!
-Allan

please note this response does not constitute legal advice and is not intended as so. Additionally, this response does not constitute an attorney-client relationship

]]> Comment on Contact Me by Deane http://allangregory.com/contact-me/#comment-15 Deane Sun, 09 Oct 2011 00:19:30 +0000 http://allangregory.com/?page_id=42#comment-15 Thanks for this great post Allan: http://torrentfreak.com/music-copyright-police-ruin-artists-gigs-and-coconut-curry-111008 My question is below? Be well, Deane Thanks for this great post Allan: http://torrentfreak.com/music-copyright-police-ruin-artists-gigs-and-coconut-curry-111008

My question is below?

Be well, Deane

]]> Comment on Contact Me by Deane http://allangregory.com/contact-me/#comment-14 Deane Sun, 09 Oct 2011 00:18:05 +0000 http://allangregory.com/?page_id=42#comment-14 Hi Allan, That's a great guest post you wrote on the Sound Cloud Blog.... For a long time I've been wanting to ask about a legal strategy related to this particular situation. I'm wondering what the outcome would be if the restaurant owner had immediately called the police and had the license selling attorney arrested/cited? Can you think of any charge that'd likely stick? Clearly these people who coerce business owners into buying licenses are using illegal tactics that are silencing local musician's right to free speech, as well as misrepresenting the interests of BMI clients. Can that ever become a criminal matter? Or is that only something that can be dealt with as a civil matter? Or could they be arrested for disturbing the peace/ interfering with the normal operation of a place of business? And for the sake of argument, let's assume the Restaurant owner's wife is a high powered attorney who's law firm is currently representing recording artists who are being defrauded in getting paid their royalties by BMI? Let's also assume that this is the same law firm that exposed all the other fraudulent claim letters and bogus legal filings that BMI has been a party to in recent years. If that were true is it at all possible to use a mountain of evidence that often gets referenced on the blog Torrent Freak as a means to file criminal charges against the person trying to force people to buy the license? I mean isn't this what they created anti-racketeering laws? I mean this is what the Mafia used to do and we found ways to make it illegal right? Can't something be set up through state police/attorney generals office to bring these people to justice? Or is the only way to address this based on passing federal, state or city laws that would outlaw this? Thanks for taking the time to let me know your thoughts on this... Be well, Deane Hi Allan, That’s a great guest post you wrote on the Sound Cloud Blog….

For a long time I’ve been wanting to ask about a legal strategy related to this particular situation.

I’m wondering what the outcome would be if the restaurant owner had immediately called the police and had the license selling attorney arrested/cited? Can you think of any charge that’d likely stick? Clearly these people who coerce business owners into buying licenses are using illegal tactics that are silencing local musician’s right to free speech, as well as misrepresenting the interests of BMI clients. Can that ever become a criminal matter? Or is that only something that can be dealt with as a civil matter? Or could they be arrested for disturbing the peace/ interfering with the normal operation of a place of business?

And for the sake of argument, let’s assume the Restaurant owner’s wife is a high powered attorney who’s law firm is currently representing recording artists who are being defrauded in getting paid their royalties by BMI? Let’s also assume that this is the same law firm that exposed all the other fraudulent claim letters and bogus legal filings that BMI has been a party to in recent years. If that were true is it at all possible to use a mountain of evidence that often gets referenced on the blog Torrent Freak as a means to file criminal charges against the person trying to force people to buy the license? I mean isn’t this what they created anti-racketeering laws? I mean this is what the Mafia used to do and we found ways to make it illegal right?

Can’t something be set up through state police/attorney generals office to bring these people to justice?

Or is the only way to address this based on passing federal, state or city laws that would outlaw this?

Thanks for taking the time to let me know your thoughts on this…

Be well, Deane

]]> Comment on The Economics of (Killing) Mass-BitTorrent Lawsuits by SJD http://allangregory.com/economics-of-bittorrent-lawsuits/#comment-3 SJD Mon, 19 Sep 2011 17:23:56 +0000 http://allangregory.com/?p=47#comment-3 Thank you - very good article. Among other methods of fighting, I advise my readers to damage the profitability of copyright trolling: 1) educating in order to convince victims not to settle; 2) filing anonymous motions - although the probability that such motions will be granted, it creates additional work for trolls. Impatiently waiting for more good articles, SJD Thank you – very good article. Among other methods of fighting, I advise my readers to damage the profitability of copyright trolling: 1) educating in order to convince victims not to settle; 2) filing anonymous motions – although the probability that such motions will be granted, it creates additional work for trolls.

Impatiently waiting for more good articles,

SJD

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