Dies Irae: The Absolute Destiny Apocalypse of AMVs??? | Page 1 | The AMV Guild | Guild Forums

azulmagia

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Posted: Wed Nov 16, 2005 12:35 am

Phade

At the end of the day yesterday, I received a legitimate and confirmed “cease and desist” request from a major record label concerning AMVs on this web site. It basically said that the copyright holders of a group of musical artists would like the Org to stop distributing videos using their music. After speaking today with the attorney representing the group, we were able to come to the agreement that the links to the videos using their music should be removed from the site and then all would be good.

What this means is that local downloads and links to videos by this group of artists are now no longer available. The artists are: Evenescence, Creed, and Seether. Any video containing any song by these artists are automatically blocked and can no longer be linked from or downloaded from this site. These videos now have the message “Links for this video are no longer available.”

http://www.animemusicvideos.org/phpBB/viewtopic.php?t=60255&start=0

crying

Well, sooner or later something like this had to happen. This is the first time The Org has ever been hit with something like this. I'm just wondering what's you guys' take on all of this.

Is this the beginning of The End?

Posted: Wed Nov 16, 2005 8:24 am

That surprised the Hell out of me! I wouldn't call it the begining of the end just yet, we'll have to see if other companies start doing the same thing.

Wow...

Phade

I asked what brought all of this to their attention, thus requiring them to take action. The attorney replied that someone, most likely a fan, contacted them (either the record label or through the band’s web site) asking if the videos hosted here at the Org were created by the band. Since they were not, they had no choice but to issue a cease and desist request.

Guys, we have a mission: FIND THAT PERSON evil

Edit: According to US law, a website is not responsible for content that it links to. So, in theory, videos containing music from these groups could be indirectly linked to.

Zahmira

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azulmagia

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Posted: Wed Nov 16, 2005 4:48 pm

Zahmira

According to US law, a website is not responsible for content that it links to. So, in theory, videos containing music from these groups could be indirectly linked to.

I'm not so sure about that...I'm pretty sure that if a website in the US linked blatantly illegal content (say illegal pornography) it would be shut down immediately and the owners would do hard time in the pokey.

And I'd also like to know who the ******** told these bands about those AMVs. What a ********. I know the Org has its share of complete morons, but still, that's an appalling lack of common sense. evil

Posted: Thu Nov 17, 2005 11:13 am

Well, the bands aren't really involved in this as they don't hold the rights to the music.

As to the links, it's possible that I was wrong, I'll take a look for that one. Copyright infringment is not illegal however, it's just sueable. (Is that even a word?) Or is that just Canadian law... hmm...

Edit: According to Wikipedia, copyright infringment is illegal in the States. Interesting...

Edit2: ...or is it a tort? I hate ambiguous wording...

Edit3: OK, it's a crime if you make money, a tort if you don't. I think... xd

Edit4: Ah, internet law is fun. No one really knows what the law is until it comes up in court.

Online Copyright Infringement Liability Limitation Act

wikipedia

This provision of US copyright law is best known for allowing copyright holders to ask that an online service provider (OSP, including ISPs) remove access to copyright infringing material if the copyrighted material is made available through the OSP.

Do links count as "made available"? Possibly, but it seems to me that it would make more sence to go to the site that is really hosting it. That way any links to that material are broken.

Edit5: There is now a follow up thread (as the first one is now locked).
http://www.animemusicvideos.org/phpBB/viewtopic.php?p=781965

However, Phade seems to have confused "copyright" with "trademark". It's a trademark you have to defend or lose, not a copyright. That one I know. The lawyer still had no choice but to send the "cease and desist", but the reasons were different.

Zahmira

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Zahmira

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Posted: Fri Nov 18, 2005 2:40 pm

On ANN:
http://www.animenewsnetwork.com/article.php?id=7837

If AMV.org was hoping to keep this quiet from the other record companies, this isn't going to help...

Posted: Fri Nov 18, 2005 10:24 pm

the whole thing is stupid but I don't think its going to grow into something bigger. Honestly I'm sure that most record lables know about stuff like AMV's but just don't care.

trickylove

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Zahmira

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Posted: Sat Nov 19, 2005 9:53 am

Probably. They don't really have to care until someone actually drops something on the lawyer's desk, which is what happened this time.

Of course, some people are jokingly saying how much space it would free up if Linkin Park went after them. xd

Posted: Sat Nov 19, 2005 6:10 pm

Zahmira

Probably. They don't really have to care until someone actually drops something on the lawyer's desk, which is what happened this time.

Of course, some people are jokingly saying how much space it would free up if Linkin Park went after them. xd

That sounds a lot like "asking for it" in my opinion.

azulmagia

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SC Seung Mina

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Posted: Thu Nov 24, 2005 8:10 am

I agree that that is stupid, and it might come to something if anyone else takes interst. I doubt they will though. It's not copying really if they give credit to the musician for the song. They aren't stealing. Just using it.
Also, if you want to make fun of the bands(not that I do, but I have to say this) if you look at the music those bands make, you will notice that they are all pretty much emo bands. So they got all emo on the fact that they weren't rich enough already. They're just whining about people.

That made far more sense and was slightly funnier in my head. Forget that completely.

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