Forum
Discontinuing the BOTM
Hi All Just received this in my inbox from the Bon Scott Yahoo Group. Thanks to jjsheerin for posting it: "The Federal Anti-Bootleg Statute {18 USC 2319A} prohibits the unauthorized recording, manufacture, distribution, or trafficking in sound recordings or videos of artists' live musical performances. Violators can be punished with up to 5 years in prison and $250,000 in fines. Two important legal concepts, especially pertaining to the Internet, should be kept in mind—contributory infringement and vicarious liability. Contributory infringement may be found where a person, with knowledge of the infringing activity, induces, causes, or materially contributes to the infringing conduct of another. For example, a link site operator may be liable for contributory infringement by knowingly linking to infringing files. Vicarious liability may be imposed where an entity or person has the right and ability to control the activities of the direct infringer and also receives a financial benefit from the infringing activities. Vicarious liability may be imposed even if the entity is unaware of the infringing activities. In the case of a site retransmitting infringing programs, providing direct access to infringing works may show a right and ability to control the activities of the direct infringer, and receiving revenue from banner ads or e-commerce on the site may be evidence of a financial benefit." I've written the RIAA to see if there are any rules to follow to allow me to keep sharing bootlegs and am waiting for a reply. As of right now, the BOTM will NOT be shut down, but there is a possibility that it will have to be discontinued since there's no way I want to go to prison or pay that steep fine. I just want to put a warning out to all of you so you know there's a chance the BOTM could go away. I'll update this thread if I hear anything else on the subject. Nate
Nate, I would believe that the government can say anything that they want but the true words to analyze here are "unauthorized recordings". There are many bands that allow tapers such as The Black Crowes or the Grateful Dead back in the old school days. I would think that the band itself would have to put up a reasonable case as to an infringement. I think that AC/DC have better things to do then worry about some true fans who want any piece of AC/DC that they can obtain. I am at work right now, but please check my first file on my Superbayman's sharing hub file. My computer is on at home and you can access my share file. The warning file basically. I would add these types of warnings to people who access your website and bury the BOTM behind about 4 different screens. People would have to hit an acceptance button before moving onto the next screen. If they agree to the warning file which is a governmental statute, then and only then could they access the screen that actually has the bootleg of the month. If there were problems with providing the BOTM, then whoever accessed through all the screens would also be in violation of your (computer) rights. What do you think about that?
With President Clinton's signing of the General Agreement on Tariffs and Trade (GATT) in December 1994, a federal anti-bootleg statute was created. Up until then, generally only state statutes had been available to law enforcement and the RIAA's anti-piracy unit to protect artists' recording rights against bootleggers. That's the reason !
why are we worrying about it NOW if it was created 11 years ago?
It'll be a shame to have no more BOTM but the Law is the Law irrespective of what you might think of it or who creates it. Personally, I wouldn't want anyone getting into trouble no matter how well meaning they are.
Ussr has a good point, but then again the sites not to hard ti find and prosecture, because the title says it all: "acdc-bootlegs.com". I can understand perfectly why he would get rid of it.
To all, No matter what happens, I will continue to provide AC/DC bootlegs on Superbayman's hub and the other hub rooms I use. When there are thousands of hubs and thousands upon thousands of people in the hubs, there is NO WAY the government or anyone can track people down etc.. In addition, there are so many hub rooms from other countries that our U.S. government or the RIAA has no jurisdiction. Even in the start up days of Napster and then other trading sites like Kazaa, I believe there has only been something like 140 people total ever prosecuted because of the RIAA and that was for file swapping of official files. It is a scare tactic. Pure and simple. They can suck me! Look for free stuff under acdc74 on Superbayman's hub. I understand if Nate cannot provide bootlegs in the future but we will figure something out. A trading tree for example. AC/DC fans will NOT be stopped. Scotty from Detroit Peace out
Nate, IF YOU DO NOT AGREE TO THESE TERMS YOU MUST LEAVE THIS USER! Warning: For controversial reasons, if you are affiliated with any government, police, investigative, ANTI-Piracy group RIAA, MPAA, Universal Fox, any other movie production company or video game company or console manufacturer or distribution, or worker of one, you CANNOT enter or download files from my computer. If you enter my computer you are not agreeing to these terms and you are violating code 431.322.12 of the Internet Privacy Act signed by Bill Clinton in 1995 and that means that you cannot threaten my ISP or any person(s) or company storing these files, and cannot prosecute any person(s) affiliated with my site Which includes family, friends or individuals who run or enter this site By continuing to enter this SITE, you are expressly and impliedly agreeing to all terms as stated above, and affirm that you are in compliance with all federal, state and local laws concerning the content of this site By going any further into this USER, you are expressly and impliedly, agreeing to all terms as stated above, and affirm that you are in compliance with all federal, state and local laws concerning the content of this site IF YOU DO NOT AGREE TO THESE TERMS YOU MUST LEAVE THIS USER AND/OR WEBSITE!
Thanks guys, I appreciate your help. The reason I'm concerned is because it's my ass on the line, plain and simple. Neither prison or the fine are appealing to me. Call me gun-shy, but I don't feel like being in debt the rest of my life or getting ass raped for 5 years. But that's just me; every one's entitled to their own views :D The BOTM will continue as long as I don't take any heat from 'the man'.
Does that mean that they will stop trading too?
"IF YOU DO NOT AGREE TO THESE TERMS YOU MUST LEAVE THIS USER! Warning: For controversial reasons, if you are affiliated with any government, police, investigative, ANTI-Piracy group RIAA, MPAA, Universal Fox, any other movie production company or video game company or console manufacturer or distribution, or worker of one, you CANNOT enter or download files from my computer. If you enter my computer you are not agreeing to these terms and you are violating code 431.322.12 of the Internet Privacy Act signed by Bill Clinton in 1995 and that means that you cannot threaten my ISP or any person(s) or company storing these files, and cannot prosecute any person(s) affiliated with my site Which includes family, friends or individuals who run or enter this site By continuing to enter this SITE, you are expressly and impliedly agreeing to all terms as stated above, and affirm that you are in compliance with all federal, state and local laws concerning the content of this site By going any further into this USER, you are expressly and impliedly, agreeing to all terms as stated above, and affirm that you are in compliance with all federal, state and local laws concerning the content of this site IF YOU DO NOT AGREE TO THESE TERMS YOU MUST LEAVE THIS USER AND/OR WEBSITE! " Do you mind if I snatch this and use it.
flattusmaximus78, No problem. I snatched it in the first place. I have seen many, many people on the various hubs have this warning and my share file has it as well. Everyone should snatch it and use it. Peace out. Scotty from Detroit
I agree with everything you all say, and if they want to try to stop bootlegging, why not take away everyone's freedom of rights, some enjoy bootlegging others enjoy something else. If they want to stop bootlegging stop going on tour, because if you were at a show you'd want to be able to hear it or watch it whenever you want. Besides the only reason this is happening is that they can't make money on it IN OTHER WORDS THEY DON'T LIKE IT F*CK THEM, THERE LAWS, AND EVERYTHING THEY STAND FOR GREEDY MOTHER- F*CKERS
you would think that the riaa would like people sharing and downloading boots because the bootleggers are getting screwed over, they arent getting any money, isnt that what they want??? or would they rather put the bootleg collectors out of buisness and keep the bootlegs coming??
They'd rather just stop it all, probably. But it would be easier to put the bootleg collectors/sellers/buyers away than people who simply offer a bootleg on a website.
without the internet, half of these boots would never have been available, and, the RIAA / record companies would never have even known they were in existence. They are just wishing they'd had their hands on 'em first so they could cash in even more, LAMERS... anyway, if BOTM has to go, then so be it, keep uself right BigNate...
the true meaning of bootleg as i pertains to audio, is a illegaly sold or purchased, cd tape lp whatever. the cds and such that are traded, are not bootlegs un less they are distributed for monetary gain, which i'm sure isn't happening here. Pat
No dude look "Contributory infringement may be found where a person, with knowledge of the infringing activity, induces, causes, or materially contributes to the infringing conduct of another. For example, a link site operator may be liable for contributory infringement by knowingly linking to infringing files."
Hey Nate and all, Bootlegs are (strictly speaking), illegal. This is nothing new -- it's old news. The thing is, many bands ENCOURAGE the trading of bootlegs, as long as they aren't being sold. A website like this is BENEFICIAL to AC/DC, and there is no way they would launch action against it. The only time bands have a problem with bootlegs is if they are being sold. This site offers them for download for free, therefore you WON'T be shut down. There are thousands of bootleg forums that operate freely, as long as official material isn't shared. Please don't shut a good thing down, Nate! You won't get sued or in trouble, I can guarantee it!
I'm not shutting it down by any means unless something bad comes up, so no worries there. I'll keep this one going as long as I can, and if it does go away, it'll probably be due to the cost of running it. Otherwise, it'll be here. Never did hear back from the RIAA, so nothing new there unfortunately.
I think that was what i was saying!. See otherwise why would bands premit recording devices in other countries at concerts?Touche!!!!!!!
they don't really permit them becase some guys just smuggle it in