06 May 2008
Pampelmoose.com
Email: info@pampelmoose.com
Ref: R24241
Re: http://www.pampelmoose.com/mspeaks/audio/Portishead-Silence.mp3
Dear Sir/Madam,
I am contacting you on behalf of the International Federation of the Phonographic Industry (IFPI) and its member record companies. The IFPI is a trade association whose member companies are some 1,450 major and independent record companies in the US and internationally who create, manufacture and distribute sound recordings. Under penalty of perjury, we submit that the IFPI is authorized to act on behalf of its member companies in matters involving the infringement of their sound recordings, including enforcing their copyrights and common law rights on the Internet.
We have learned that your service is hosting infringing files on its network. These files contain sound recordings by the artist known as Portishead. These sound recordings are owned by one of our member companies and have not been authorized for this kind of use. We have a good faith belief that the above-described activity is not authorized by the copyright owner, its agent, or the law. We assert that the information in this notification is accurate, based upon the data available to us.
We are asking for your immediate assistance in stopping this unauthorized activity. Specifically, we request that you remove the infringing files from your system or that you disable access to the infringing files. In addition, please inform the site operator of the illegality of his or her conduct.
You should understand that this letter constitutes notice to you that this site operator may be liable for the infringing activity occurring on your service. In addition, under the Digital Millennium Copyright Act, if you ignore this notice, you and/or your company may also be liable for any resulting infringement. This letter does not constitute a waiver of any right to recover damages incurred by virtue of any such unauthorized activities, and such rights as well as claims for other relief are expressly retained.
You may contact me at IFPI Secretariat, 10 Piccadilly, London W1J 0DD, United Kingdom or email Notices@ifpi.org, to discuss this notice. We await your response.
Faithfully,
Jeremy Banks
Vice-President, Internet Anti-Piracy
IFPI
10 Piccadilly
London
W1J 0DD
United Kingdom
Email: Notices@ifpi.org
My reply:
Hi Jeremy,
Thank you for your letter of May 6th. The Portishead files have been removed from the Pampelmoose music blog and server. We apologize for any wrongdoing as we thought the files were made available to us in good faith as many other music blogs were hosting the same file. We are huge fans of Portishead and will continue to support them.
Best, Dave.
Dave Allen
My blog thoughts about this and the DMCA.
A major drag, indeed. But highly demonstrative. So a couple questions from the layperson…
If Portishead didn’t send you the song, who did? Why did they? If Portishead DID send you the song, how did the IFPI get word of it? And finally, if you were to contact Portishead and be like, “yo, this is Dave, your song is awesome, and I’d like your permission to host it…” would they as the artist have the right to tell Mr. Banks to take a hike, if they felt so inclined?
May 11th, 2008 at 7:40 pmHow do you survive without a backbone?
You didn’t post this file for download, but for people’s listening “pleasure” while reading your blog. But by licking the boots of this IFPI, all you did was set back all the hard work, not to mention the recent judgements AGAINST groups like the RIAA and in favor of individuals who’s rights were violated by the Gestapo tactics of these leg breakers in suits.
Portishead? For Christ’s Sake!!! Not many people outside of the U.K. like this band, that is unless you count Goth’s, Toe-Gazers, the extremely depressed and possibly homicidal maniacs a la the Manson Family. Their music is the most unappealing, morose, depressing, dark and unhappy music I’ve ever had the displeasure of hearing and it was a CD that a friend bought, who after hearing only two songs, promptly returned it to the music store where the counter person told him he wouldn’t take it back due to the fact that Portishead wasn’t selling and therefore couldn’t get rid of it.
Whatever.
I suggest that you either find your backbone, or get your ball back from whomever has them and stand up like a man to these thugs, because it’s only a matter of time before they get slapped down permanently.
Cheers!!!
May 12th, 2008 at 9:36 pmIn regards to my previous post, I didn’t read the entire post and didn’t know that you were, in fact, offering music files for download.
But still, I stand behind my convictions in that you of all people, (again, I didn’t know who you were being in the Gang Of Four) should have stood your ground and told the IFPI to pound sand. I also stand by my opinions of Portishead as well.
I do, however, want to apologize for the “lack of backbone” comment as well as being a “bootlicker”. You didn’t deserve that and I was frustrated by yet another person failing to stand up to these thugs. The sooner they figure out that they need to embrace the digital age and what it can do for them, the better it will be for all of us, but when those of you who decide to back down, all this does is make it harder for that to happen.
Again, I apologize for the snide remarks. They were uncalled for.
Cheers!!
May 12th, 2008 at 9:49 pmIt’s all OK and fully understood. If I was merely streaming then sure I’d have stood firm but these guys and the RIAA can ruin you before you have chance to defend yourself. I will avoid major label music from now on and continue to offer music from indie bands who understand the ppower of the internet….
May 12th, 2008 at 9:54 pmThanks for your comments and support though, I know you mean well
@Justin,
Actually Portishead would not have the ability to tell the IFPI to do anything, their record label is the copyright owner and the ones who hire the IFPI to send out the takedown notices. Where the file came from I do not know. File under : Whatever….
May 12th, 2008 at 9:58 pmThe IFPI contacted me this morning. Ironically they want to do an interview with me about blogs and file sharing….stay tuned.
May 13th, 2008 at 10:35 am