Who is the DMCA helping by taking down Alela Diane and Telepathe from this site?


Last week, I received my second Digital Millennium Copyright Act (DCMA) take down notice from Google regarding a post on Telepathe that was up for only a few days. The post consisted of tour dates and a Lauren Flax remix that were both sent to me by Telepathe’s N. American record company, with the purpose that I might publish them up on my site (notice can be seen below). I immediately talked to my contact at Telepathe’s label here in the states, and was informed they had nothing to do with the action. Of course, I didn’t think Telepathe’s label wanted this stuff taken down, because they sent it to me.

A month prior, I had an Alela Diane post taken down in a similar manner. The Alela Diane post included a song from her latest album (supplied by her N. American record company, sent directly to me) and tour dates removed by the DMCA.

By the time Google sends a notice, said posts have already been deleted and cannot be retrieved. I have no recourse with these takedowns, even though they’re frivolous and most harmful to the artists. I don’t blame Google; they don’t want to be sued so they deal with these issues in the simplest manner available by removing suspected posts entirely.

I have never knowingly posted anything illegal on this site. There are plenty of places to steal entire albums and anything else under the sun on the internet. Not Here.

The DMCA seems to be helping the same folks who historically have benefitted from that sinister combination of lawyers and music, and it isn’t the artists. In fact, the history of rock and pop music is a long and sordid tale of artist abuse at the hands of record company and management. I remember as a young music buck having a Maximum RockNRoll, and on the cover was a man holding a gun in his mouth with a caption reading, “Some Of Your Friends Are Already This Fucked.” The relevant feature was an article with Steve Albini on how many ways artists get screwed by major labels.

That was a long time ago, but I’m not sure how much has changed when fans are being sued, and Alela Diane and Telepathe are having quite legal features being taken down. Surely someone would have fallen in love with these artists.

Parasites & Sycophants will be moving to its own domain very soon, before this whole site and its thousands of posts are removed.

This is the Telepathe notice:Blogger has been notified, according to the terms of the Digital Millennium Copyright Act (DMCA), that certain content in your blog infringes upon the copyrights of others. The URL(s) of the allegedly infringing post(s) may be found at the end of this message.

The notice that we received from the International Federation of the Phonographic Industry (IFPI) and the record companies it represents, with any personally identifying information removed, will be posted online by a service called Chilling Effects at http://www.chillingeffects.org. We do this in accordance with the Digital Millennium Copyright Act (DMCA). Please note that it may take Chilling Effects up to several weeks to post the notice online at the link provided.

The IFPI is a trade association that represents over 1,400 major and independent record companies in the US and internationally who create, manufacture and distribute sound recordings (the “IFPI Represented Companies”).

The DMCA is a United States copyright law that provides guidelines for online service provider liability in case of copyright infringement. We are in the process of removing from our servers the links that allegedly infringe upon the copyrights of others. If we did not do so, we would be subject to a claim of copyright infringement, regardless of its merits. See http://www.educause.edu/Browse/645?PARENT_ID=254 for more information about the DMCA, and see http://www.google.com/dmca.html for the process that Blogger requires in order to make a DMCA complaint.

Blogger can reinstate these posts upon receipt of a counter notification pursuant to sections 512(g)(2) and 3) of the DMCA. For more information about the requirements of a counter notification and a link to a sample counter notification, see http://www.google.com/dmca.html#counter.

Please note that repeated violations to our Terms of Service may result in further remedial action taken against your Blogger account. If you have legal questions about this notification, you should retain your own legal counsel. If you have any other questions about this notification, please let us know.

Sincerely,

The Blogger Team

Affected URLs:

http://parasitesandsycophants.blogspot.com/2009/04/telepathe-dance-mother-and-us-tour.html

http://www.myspace.com/telepathe
http://www.aleladiane.com/
http://www.myspace.com/alelamusic
http://telepathemusic.com/

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