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

[Blouis79]

Interesting that UE's lawyer appears to be out there doing damage control. I would have thought that was UE's job, unless the lawyer feels somehow liable for damage inflicted on UE by its action and his advice. See post from Ken Clark in response (last on the page today):
http://www.boingboing.net/2007/10/21/ge ... blish.html

[aslsp-fl]

A detail that almost everyone overlooked: let us say that Feldmahler, instead of pulling the plug, decided to ignore the second C&D letter. In this case, the only option for Universal would have been suing him in Canada. They cannot really sue him in Austria as an Austrian court is not competent for an infringement done outside its territory - this unless Feldmahler were so stupid to sign the statement in the first C&D letter - this being a contract under Austrian law and under the competence of an Austrian court.

The clause stating that Canadian courts will enforce Austrian judgements is pure terrorism. Of course if you steal, say, 10000 euros in Vienna and you run away to Ottawa the Austrian court will rule against you and turn to Canadian judicial system for enforcement. But if you steal the same 10000 euros in Ottawa from a Viennese guy, the case will belong to a Canadian court - were the Viennese guy to raise the case in an Austrian court, the court would declare it outside of its competence.

If you read carefully, Mr. Clark does not rule out raising the case in a Canadian court - as the probabilities of winning the case in an European court are quite low.

Also, a general concept: publishers often threaten legal action, but rarely take the action in reality. Publishers - let alone classical music publishers - are not swimming in cash and a legal action is expensive even for them. Only actions where the outcome is reasonably clear are likely to be taken.

The more I read the C&D letters, the more they look absurd to me. I rest my opinion, had Universal asked quietly for the removal of some specific files, Feldmahler probably would have complied quietly. They have asked roughly and now they have a problem for their public relations department.

Of course nobody can really blame Feldmahler for not being willing to test the case himself.

[bernie70]

Hi, I would like to discuss the aquisition of the site. We have the legal, computer science, and music interests that make this site a really interesting project.

thanks

[Zithren]

They cannot really sue him in Austria as an Austrian court is not competent for an infringement done outside its territory

Are you sure? Are you a lawyer? Don't you think that jurisdiction of the court would be a bigger issue than the competence of the court?

[kongming819]

The owner of IMSLP can do a lot to bring back IMSLP. Universal Edition Vienna has already said turn on the servers. This is a big mis-understanding. Just turn on the servers and maybe put a restriction on the material which Universal Edition Vienna is complaining about on the Europeans and enjoy IMSLP again what's the big deal?

So many people have offered funds and are offering plenty of help. I do not see any reason why not to turn on the IMSLP servers again.

When did UE say that? Where did you see that?

[samthegreat]

They did say that. It's somewhere in the forums (don't ask me where, there's too much info here now!)

Anyway, regarding a couple people's questions about why the whole takedown of IMSLP, all you have to do is read the open letter from imslp's founder.
The letter is at www.imslp.org. Just read the letter.

Also, of course we are all offering time and/or money for help, but I'm sure there's aspects of the substantial maintenance/operations of the site that are only in Feldmahler's head, and co-ordinating the different strengths and capabilities of different helpers and assigning them to specific things would I'm sure take up almost as much time. And I'm sure you don't have much free time in grad school. Well, I'm as sure as I can be without actually having attended grad school.

[Vivaldi]

Also, we need to give Feldmahler some room and space. He will be quite busy for the next month or so, so it is understandable that IMSLP may not be back anytime soon.

[Odin]

Hello

Somewhere here we were asked to be patient and wait.

IMSLP will come back, perhaps not this or next week.
We should show that we can wait patiently for a good
thing to come back.

All people here who are skilled in computers and networks
should assist Mr. Feldmahler in the practical work to
reconstruct and maintain the site for reopening.

I have an old score, three piano sonatas by Jan Ladislav
Dusik in an original print from 1816, waiting for being
scanned and added to the collection. And a print from
1816 is certainly PD.

Regards

Odin

[Rachma]

Hello. I Give them thanks to Feldmahler and to the collaborators because, in spite of the problems, he continues in his admirable determination to the music make come to all.

I know the page for little, but before the closing, have decided to be an active collaborator. Already I have prepared scores of piano of Spanish composers to do more complete IMSLP. Spirit and to continuing fighting!

[bernie70]

well, I'm told this is a no can do, by legal counsel, that it is stealing regardless. And I dont want to do something criminal.

[Kalli]

[quote="Odin"] And a print from
1816 is certainly PD.[/quote]

Are you sure? :D :twisted:

[Vivaldi]

Composers born in 1861 not PD in Canada? I don't buy it.

[Yagan Kiely]

Why not just block the IPs of all Universal Edition Vienna's computers... lol Twisted Evil Cool

I found that amusing.

[Vivaldi]

Maybe not amusing to UE and their lawyers.

[gchirag]

We need to remain patient but keep fighting all the way.

I do believe IMSLP will return back but Vienna Universal Edition also need to get to senses i know they did say restart the IMSLP servers and do kind of a restriction on the composers they are complaining about on Europeans but i can see that this war is kind of beyond that.

All we want is IMSLP to return back as it was but it's not as simple as that because contacting so many lawers, firms etc is involved wow thats quite a lot work. People are offering help and funding we should not ignore them as they are needed for IMSLP.