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AnimeMusicVideos.org receives Cease and Desist Letter


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xstylus



Joined: 04 Feb 2004
Posts: 272
PostPosted: Thu Nov 17, 2005 6:09 pm Reply with quote
[url=http://www.animemusicvideos.org/phpBB/viewtopic.php?t=60255&postdays=0&postorder=asc&highlight=cease+desist&start=0&sid=c423bf931cfd4f40110ae3747076191b]
And so it starts.
[/url]

The funny part about this is that it's caused by some moron who emailed a record label asking them if they actually made an AMV.


Last edited by xstylus on Thu Nov 17, 2005 6:10 pm; edited 1 time in total
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Steventheeunuch





PostPosted: Thu Nov 17, 2005 6:10 pm Reply with quote
This took it's time, didn't it?

Actually, looking over it, it doesn't seem so bad, it's just a sign that Anime fans really, REALLY need to keep this sort of stuff to themselves.
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xstylus



Joined: 04 Feb 2004
Posts: 272
PostPosted: Thu Nov 17, 2005 6:22 pm Reply with quote
Steventheeunuch wrote:
This took it's time, didn't it?


Yes. It very much did. Suspiciously too much.

As much as I hate to play devil's advocate for an industry who I give the same respect I give Al Qaeda, I'm willing to bet that the industry knew about this for a long, long time and simply chose not to act. It's a little hard for them not to have known.

There's something called "Due Dilligence". Basically, it means a copyright holder has to agressively attack infringement of their copyright or else they lose it.

So, if they know about it, or more specifically if people KNOW that they know about it, they are then forced to act.

For all we know, they could've simply been pretending that it doesn't exist all this time, for whatever reason. However, since some prick sent a letter to a label asking if they're aware of this, they were then officially (in an unofficial way) been given notice of infringement and they were then forced to act.

At least, that's my theory.
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Jgobats81886



Joined: 07 Sep 2005
Posts: 113
PostPosted: Thu Nov 17, 2005 6:29 pm Reply with quote
xstylus wrote:

For all we know, they could've simply been pretending that it doesn't exist all this time, for whatever reason. However, since some prick sent a letter to a label asking if they're aware of this, they were then officially (in an unofficial way) been given notice of infringement and they were then forced to act.


So, is it alright if I now officially(in a unofficial way) hate Wind-Up Reccords and break all of the CD's I have from them?

Seriously, this sucks. Why the hell can't the music industrey just stay off the internet. All they done the past few years is piss off there customers. If I was in a band, I would be flattered is somebody thought enough of my music to put it in a video. I'm guessing the artist had nothing to do with this decision.
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xstylus



Joined: 04 Feb 2004
Posts: 272
PostPosted: Thu Nov 17, 2005 6:46 pm Reply with quote
Jgobats81886 wrote:

Seriously, this sucks. Why the hell can't the music industrey just stay off the internet. All they done the past few years is piss off there customers. If I was in a band, I would be flattered is somebody thought enough of my music to put it in a video. I'm guessing the artist had nothing to do with this decision.


Let's play "Let's say"!!! Anime smile

Let's say, for example, I've made a song, and I want to sell that song.

Let's also say that you like my song and made a music video out of it, and you're distributing your music video with my song, but haven't asked my permission.

Let's also say that I find your video and watch it. I like it, so I will PRETEND that it doesn't exist.

A year later, someone inquires "Hey, have you seen the music video of your song? Did you make that?"

I respond, "Er, uhm, no! No, I haven't. Thank you for bringing that to my attention, I'll have to do something about that."

Now that people know that I know about that video, I now must regrettably send a C&D letter to the maker of that video, even though I really don't WANT to, and even like the video. While I could strike up some sort of license agreement with him, he wants to distribute it freely (which my label would have a huge fit over), so that won't work. Ultimately, I have to make him pull it down.

Let's say that I DON'T go after that video. Let's also say that later on down the road someone decides to pirate my music by selling compilation CDs with my song on it, and they didn't ask my permission. So, I take them to court.

They could validly defend themselves by saying that I didn't assert my copyright by prosecuting that little AMV maker, thus I gave implied permission for open distribution of my copyrigted material.
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Abarenbo Shogun



Joined: 19 Jul 2005
Posts: 1573
PostPosted: Thu Nov 17, 2005 7:25 pm Reply with quote
xstylus wrote:
Steventheeunuch wrote:
This took it's time, didn't it?


Yes. It very much did. Suspiciously too much.

As much as I hate to play devil's advocate for an industry who I give the same respect I give Al Qaeda, I'm willing to bet that the industry knew about this for a long, long time and simply chose not to act. It's a little hard for them not to have known.

There's something called "Due Dilligence". Basically, it means a copyright holder has to agressively attack infringement of their copyright or else they lose it.

So, if they know about it, or more specifically if people KNOW that they know about it, they are then forced to act.

For all we know, they could've simply been pretending that it doesn't exist all this time, for whatever reason. However, since some prick sent a letter to a label asking if they're aware of this, they were then officially (in an unofficial way) been given notice of infringement and they were then forced to act.

At least, that's my theory.


Well given the whole Napster Debacle, the labels suing 13-yr olds, plus Sony recalling thier CD's with the controversial Copy-Protection Technology with severe security holes, I would expect them to at least not draw unneeded attention to themselves.

And if it's Creed Music they took off.....Scott Sapp is a wannabe Christian Music Whore anyway. The guy has about as enough music ability as Cartman had in that particular episode of South Park.
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v1cious



Joined: 31 Dec 2002
Posts: 6222
Location: Houston, TX
PostPosted: Thu Nov 17, 2005 7:28 pm Reply with quote
say what you will, but this is the most useless crackdown ever. what a complete waste of resources.
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Kruszer



Joined: 19 Nov 2004
Posts: 7992
Location: Minnesota, USA
PostPosted: Thu Nov 17, 2005 7:53 pm Reply with quote
What a load of crap, they're figuratively shooting themselves in the foot. AMVs are completely harmless and most likely increasing music sales. Rolling Eyes Evil or Very Mad
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xstylus



Joined: 04 Feb 2004
Posts: 272
PostPosted: Thu Nov 17, 2005 8:08 pm Reply with quote
Kruszer wrote:
What a load of crap, they're figuratively shooting themselves in the foot. AMVs are completely harmless and most likely increasing music sales. Rolling Eyes Evil or Very Mad


Okay, what did I just get done explaining? It doesn't matter if it's harmful, harmless, or even HELPFUL. They MUST attack infringement of their copyright whether they want to or not. Amen.
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Jgobats81886



Joined: 07 Sep 2005
Posts: 113
PostPosted: Thu Nov 17, 2005 8:15 pm Reply with quote
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Keonyn
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Joined: 25 May 2005
Posts: 5567
Location: Coon Rapids, MN
PostPosted: Thu Nov 17, 2005 8:38 pm Reply with quote
Nice post by them, good to see there's at least some people out there who keep their head on straight and don't fly off the handle about issues like this like most fans who love to rage against corporations no matter how practical or correct their actions.
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xstylus



Joined: 04 Feb 2004
Posts: 272
PostPosted: Thu Nov 17, 2005 8:51 pm Reply with quote
Keonyn wrote:
Nice post by them, good to see there's at least some people out there who keep their head on straight and don't fly off the handle about issues like this like most fans who love to rage against corporations no matter how practical or correct their actions.


Don't get me wrong now, I still think corporations worship satan, perform sacrafice on live kittens, and are generally the root of all evil (most especially music conglomerates), but in this instance one of them was uncharacteristically civil and, I dare say, polite about the matter. I figure it's only appropriate to be the same.
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Keonyn
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Joined: 25 May 2005
Posts: 5567
Location: Coon Rapids, MN
PostPosted: Thu Nov 17, 2005 9:06 pm Reply with quote
I think you'd find in reality the alternative that seems to be such a utopia is rarely so perfect in practice. Believe what you will, and you may be right in some ways, but nothing is perfect and there's more at the source of your woes than I'm sure you think. That is the problem, most people who find these things so evil rarely understand the industry well enough to actually know the alternative and understand why it works as it does.
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Kruszer



Joined: 19 Nov 2004
Posts: 7992
Location: Minnesota, USA
PostPosted: Thu Nov 17, 2005 10:45 pm Reply with quote
xstylus wrote:
Kruszer wrote:
What a load of crap, they're figuratively shooting themselves in the foot. AMVs are completely harmless and most likely increasing music sales. Rolling Eyes Evil or Very Mad


Okay, what did I just get done explaining? It doesn't matter if it's harmful, harmless, or even HELPFUL. They MUST attack infringement of their copyright whether they want to or not. Amen.


Whether or not they feel some misguided obligation to hurt their own sales, still does not change the fact that this does indeed suck for fans like myself who are members of the site and enjoy downloading a vid once in a blue moon. Rolling Eyes

I'm not really angry about it happening since I haven't gone there for quite a while and it's only a percentage being taken down, but I'm just amazed by the lack of foresight these musicians including one of favorite bands, has. Sad
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Kouji



Joined: 01 Oct 2005
Posts: 978
PostPosted: Thu Nov 17, 2005 11:11 pm Reply with quote
Don't scare me like that. When I first saw this, I thought the entire site was being taken down, but thankfully it's just AMVs from these three bands and I'm not a major fan of any of them, though I'm sure this must have pissed off a lot of people. I just hope a bunch of other music companies don't start doing the same and eventually lead to the shut down of the entire site. I like to make AMVs myself and I don't see the harm of it. I mean, in most cases you can usually only find two or three songs from a certain band that have been made into AMVs. It's not like people go around turning whole albums into them.
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