Second U-E cease and desist letter (new topic)

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Matthieu
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Post by Matthieu »

I agree but it is not THAT easy. First of all, the companies running the co-locations are scared when the lawyers enters the scene and do everything to please them. I have myself quite some experiences and had one server ending up at the police one time (a pianosociety.com download server). Such events drains you from power and you feel painfully alone and helpless. Their tactics is to scare people to silence and they are very successful in doing so (however did not succeed with me). Even the Swedish police run their business and you perhaps remember when ThePirateBay in Sweden was raided?

As I said earlier, I can offer my assistance (have personal contact with lawyers etc.) but only if we remove the composers who died after 1937.
Not a word to be added...
EDIT:We do not need personal attacks at a time like this.
Funper
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Post by Funper »

thepiratebay was raided because of their obvious illegal nature, and i remeber it very well. imslp has really done it's outmost to strive with copyright laws, something that thepiratebay hasn't.

EDIT:We do not need personal attacks at a time like this.
Vivaldi
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Post by Vivaldi »

A denial of service attack on their site won't do us any good. In fact, it will make us look guilty when IMSLP has done nothing wrong in my opinion.
Funper
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Post by Funper »

that's right. i was joking. the right thing to do would be to boycott UE.
Matthieu
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Post by Matthieu »

that's right. i was joking. the right thing to do would be to boycott UE.
Welcome back to reason !
nicgios
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Post by nicgios »

Matthieu wrote:
I TOTALLY agree. Bravo Funper. There companies must stop these actions.

nicgios
... and one more brave heroe well hidden behind his screen !!
Well. I am not a hero (I don't have the muscles :) ) and I don't like very much heroes... I am only trying to understand what to do, like others (and most of all I would like to understand if IMSLP has violed copyright law of Canada...).

Please, do not interpret some position like "heroic" (at least for me...)

nicgios

ps. I am not "hidden": Nicola Giosmin lives in Florence (Italy). Do you want my address or phone number? :)
Vivaldi
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Post by Vivaldi »

So, quid nunc (what now)? Where do we go from here?
Robert's idea seems to be a good one to me.
Funper
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Post by Funper »

no it wouldn't be the same without feldmahler.
Vivaldi
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Post by Vivaldi »

Are you saying Feldmahler is just going to chicken out? Maybe he and Robert can work this out together. Like Manny Ramirez said, it's not the end of the world.
neilthecellist
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Post by neilthecellist »

I posted this in a private message but I'll post this publicly now.

Pretty much all of my dad's friends are lawyers, and I come from a family of musicians... I could offer legal assistance.

Also, my friend and I run a website and have 4 domain names remaining... So as far as financially running a website, I could take that up too probably.
Vivaldi
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Post by Vivaldi »

Alright. Feldmahler or no Feldmahler, I truly believe IMSLP has to go on. Like Manny Ramirez said:" It's not the END OF THE WORLD!"
Funper
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Post by Funper »

i liked felmahler, he was never a dominating leader who has to do stuff in his own ways. he always listened to what we had to say. i remember the first time our paths crossed, it was when i changed the status of a mozart sonata (k.547) from "complete score" to "fragment". i told him that it was missing a movement, then he made research in the köchler catalogue were he found out that it actually only had two movements in that version. now who would to that but feldmahler?

not without the feld, gives us the feld!
Vivaldi
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Post by Vivaldi »

I'm afraid I was too harsh on Feldmahler, my apologies. I had known him (or at least communicated via e-mail with him) for over a year and he always listens to people and open to ideas and suggestions. I truly believe he is (note the present tense) and always will be a great project leader and would do a great job in The Apprentice.
Vivaldi
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Post by Vivaldi »

One way or another, I guess this is Feldmahler's call. I just hope he makes the right one.
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Post by Carolus »

I'll try to address some issues raised by Funper and others here.

While your points about the public domain status of these works in Canada are quite true, there are several others factors to take account of, among which are:

1. Canada's judicial system is generally very sympathetic to rulings issued by EU magistrates. Ironically, the USA is considerably more resistant (at least in places) to such meddling by judicial ideologues and corporatist cronies who like to impose their rules on people halfway around the world. Other countries with life-plus-50 terms, like South Korea, are not at all likely to abide by EU pontifications. IMSLP has a strong case, but it was by no means guaranteed that Canadian courts would be sympathetic.

2. The UE threat was probably just the leading edge for a series of legal threats from a consortium of large European publishers. IMSLP has been under discussion as a major threat in the newsletter of a EU publishers' asscoiation - which has been reported in the American Music Publishers Assocation newsletter. (Curiously, most US publishers are either unaware of IMSLP or don't care.)

3. IMSLP has grown so huge that its administration and management are really beyond the capabilities of a single person plus several trusty and reliable helpers. The time has really come for IMSLP to be re-constituted in a more institutional form, like Gutenberg or Wikipedia, or perhaps taken over by a consortium of music libraries.

4. Life-plus-70 is no guarantee. As you can see from the list, there are no less than four composers listed in the C & D letter who have been dead for over 70 years. This could have been sheer stupidity and arrogance on UE's part, or these composers could still be protected in Austria by some sort of special provision in that country's copyright law.

The majority of income for most music publishers (apart from those firms who specialize in public domain reprints) is derived from copyrighted works. I suspect that UE's major income streams are from performance and broadcast royalties generated by composers like Bartok, Richard Strauss, Arvo Pärt, etc. The sale of printed scores is fairly minimal, but still significant. The entire distribution network for selling printed music scores is very cumbersome and expensive - even more so than that for books. For example, if someone here wanted to take a decent-quality PDF from IMSLP, print copies of a score and offer it for sale on Amazon.com, they'd be in for a very rude awakening if they thought they could price the item for slightly more than the print cost. Amazon demands a 55% discount, with no shipping charges, from publishers who list their titles with them. That means if you price your score at $10.00, Amazon buys it for $4.50 and you pay the shipping to send it to their warehouse, not to mention all of the other expenses associated with simply staying in business. Amazon is not exactly fast about paying their bills, either. This is for one of the simplest and most direct distribution networks in existence. Large music retailers like Sheet Music Plus all demand the same high discounts and generous terms. This does not excuse UE's disgraceful behavior, mind you, but they may be acting partially out of desperation.
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