DMCA Violation?

Fri May 9 15:22:21 UTC 2003

On Thu, 08 May 2003 19:00:26 PDT, Roy said:

> Even if the note doesn't exactly match the DMCA requirements, I think 
> there is all ready a ruling in a lower court that says some were close 
> enough

Several times we've had complaints come in that run afoul of the language
in 17 USC 512(c)(3)(vi):

A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.

Seems that somebody's net-crawler sees music from No Strings Attached and
throws a fit.  Unfortunately:

1) No Strings Attached is a local band (http://www.enessay.com) that's
been playing under that name since 1978 (in other words, since before the
guys in that OTHER band that released an album with a confusing name were
even toilet trained (they contemplated calling their ninth album "In Sync"
but decided against it.. ;)

2) No Strings Attached is an indie band that's not signed by any RIAA member.

3) The band *WANTS* their MP3's traded - a major source of income is touring
and selling CD's, and quite often, they get booked on the basis of somebody
hearing an MP3 (Or so the band members have told me - their dulcimer player's
office is two cubes over from mine)..

Kind of like Randy telling me about shopping for a new stereo - he goes in
and gets a snotty salesman.. he asks the salesman to play this No Strings
CD so he can hear how it sounds compared to how it's supposed to sound, and
the salesman is all "How would YOU know what it's supposed to sound like?"
"Uhmm.. I helped mix it at the studio." - salesman fixed his attitude then ;)

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