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| UPDATED 6 16 2001 |
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I do hope that this page
gets no more updates.
* Note - I have edited some the following,
to make for easier
reading; making
paragraphs and correcting spelling.
And to protect the
innocent. TC |
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8-23
I'm one of Kern's John Doe's. My husband
stumbled on your web site while trying to
seek more info on copyright laws regarding
midis. When I was notified that a subpoena
was issued to get info on my free website
account, I immediately removed my web site.
I was hoping that was all that was necessary
to make this go away. Wish I had seen your
site sooner! |
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July 24 2000
Having run a midi site for 2 years now,
and after being on "servers name", I tried
to access my site only to find it was gone.
I wrote to "servers name" several times to
find out what the problem was. Finally, I
got a response that I violated their Terms
of Service, which basically meant the site
contained unauthorized copyrighted
information. Apparently, TRYCHO complained
to "servers name", and they closed down my
site.
My site contains only midi files of my own,
plus others with either the author's
approval, or no copyright information
embedded. In addition, I even have a clear
disclaimer that the site is Not for profit,
and if a file is there that offends anyone,
I would remove it. But, no one asked. They
just shut it down. Period.
This is absolutely disgraceful. All it takes
is a note from someone, and whether it's
valid or not, the providers comply. My
belief is that Trycho is scared that others
can create "better" midis and offer them for
free, for what he charges people for. So
goodbye to "servers name", and I'll move
elsewhere.
"Name withheld to protect the innocent"
QUESTION: Did
"servers name" actually tell you that it was
Trycho?
ANSWER:
Hi, yes, they did. You can see the note I
received below.
If this is the case, do you think that we
made at least "some" progress in that
they've stopped the suing and are just able
to wipe you out? Anyway, in the meantime,
I've moved my site to http://*******.com
I would welcome a lawsuit as I would take it
to the Supreme Court if I had to.
Webmaster
----- Original Message -----
From: HelpForms <"servers name">
To:*****
Sent: Monday, July 24, 2000 3:50 AM
Subject: Re: Uploading files to my website
Hello ******,
Your account was reported for containing
copyrighted files, with Trycho Tunes listed
as the example. Please review the following
excerpt from our Terms of Service.
http://"servers name"/TOS/
We do not allow any material that violates
or infringes in any way upon the proprietary
rights of others, including, without
limitation, copyright or trademark rights;
this includes "WAREZ" (copyrighted software
that is distributed illegally), "mp3" files
of copyrighted music, copyrighted
photographs, text, video or artwork. If you
don't own the copyright or have express
authorization and documented permission to
use it, don't put it on your site at
"servers name".
Files from this account have already been
purged from the server and cannot be
recovered. "servers name" retains the right
to terminate any account found in violation
of our Terms of Service. Due to the nature
of the violation, the account cannot be
reinstated.
Webmaster
"servers name" |
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July 21 2000
I have just received a summons. Trycho
has filed a 2.8 Million dollar lawsuit
against me for 23 MIDI files which I have
(had) on my website.
"Web Site Name" has been a hobby of mine for
3 years. I have enjoyed this hobby and I
can't see why I should be charged with more
money than I will make in 2 lifetimes! This
is quite a blow to me and my family.
I didn't even know I had MIDI files which
were copyrighted, on my site. I didn't know
you could copyright MIDI anyway! I couldn't
even find any copyright information in most
of the MIDI files they are suing me for!
What am I supposed to do? Shut down my site
, go to jail for years? All because I had 23
MIDI files on my site which Trycho Music
International says they own the copyrights
to?
I have been collecting MIDI files for my own
enjoyment from BBS's long before the
Internet became "Public"! I started out 3
years ago providing my collection to the
public for the purpose of enjoyment.
Trycho has bit the heart out of music in
America! WHAT TRYCHO IS DOING SHOULD BE
ILLEGAL!!!! If you wish to see my work
before I am shredded to bits by Trycho,
Please see what I have been sharing with
music lovers all over the world.
http:******.com
Please Support you MIDI Site Owners...We are
a dying Breed...
Thank you.
Name withheld to protect the innocent |
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8-22
Up until recently I wasn't aware of the
danger of posting MIDI files on a website.
"Recently" was when I got notice in my free
online mailbox that I had been sued for
copyright infringement.
You see, I am a "John Doe"... charges have
been filed against me but so far they have
been unable to locate me so they can serve
me with the papers. I, like most other
people, thought when I discovered the
internet that I'd like to try my hand at
making a webpage.
It was such an adventure and I was SO proud
of myself when I completed my 1st little
page. Of course it had no content but I was
proud anyway...
I started thinking of things I wanted to put
on my new creation that would reflect who I
was and what I enjoyed, and without
question, music is THE thing that defines
best who I am so I started building my site
and based it on music.
I had collected MIDI files from the chatroom
I visited and from the internet and posted
those I liked on my site. Before long people
actually started coming to my site !
I was amazed and flattered that someone
would actually WANT to visit my website. My
little hobby became an obsession and I
worked on my website to make it better and
better, then bam.... I get that e-mail.
I can tell you my heart skipped more than
one beat when I read it. I had NO clue what
Trycho was and since I never got any notice
that I had files on my site belonging to
them I didn't have a chance to remove them,
which I would have gladly done.
I didn't know how to check "inside" a midi
to see if it was copyrighted. When I was
collecting and started to save a file and a
copyright box popped up I never saved that
file so I thought that none of the files I
had WERE illegal... I was SO wrong.
I never meant any harm to anyone when I
created my site and never dreamed of making
any money off it... it was strictly a hobby
but that doesn't matter to Trycho,
I guess. He reported my site to the free
webspace provider where I'd built it and
they deleted it without notice to me. I
can't blame them though because, they too,
can be held legally responsible if they know
of illegal websites and do not remove them.
I found that out by doing a little research
on the net after getting the letter.
I've NEVER been in any sort of legal trouble
in my life and suddenly I'm a criminal for
sharing, of all things, the music that has
brought my so much joy in life.
"A musiclover" |
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8-24
Alas, while I am still attempting to
wake from this dream, I am told that a
pending lawsuit may be coming to my town
soon. A subpoena has been sent to the web
pages I "ONCE used" requesting information
on us to be used in a civil suit.
After having this web site for several years
now, we have only had one request to remove
a file that someone claimed to be theirs. I
didn't check it to try and figure out if it
WAS theirs, I took their word for it, and
removed it. If I had received any such prior
request from TRYCHO, (whom I hadn't even
heard about until this time) I would have
forwarded the same courtesy.
This is not a game of someone calling foul,
it's a company whose not making the profit
they feel that they can if they come after
the individuals who do this sort of thing as
a hobby.
I had never intentionally attempted to break
the rules, nor take the money out of the
corporate powerhouses. I am sure they would
have never thought of me until they saw
dollar signs with people who are forced to
pay their ransoms.
Well...saying that, I wonder if I should let
them know that I, not having a big bank
account, and a wife and 2 kids to feed,
cannot afford to attempt to get them off of
me. I shall be forced, if they intend on
taking it all the way, to spend my time in a
cozy jail cell.
I shall let them take comfort in knowing
that they have relieved the world of a
menace to society. BUT, while I spend time
away from family and friends, I will use
this time to better myself, I have always
wanted to go to college, but instead chose
to work hard, and raise a family.
I will let the government take care of me,
while I get a college degree. I can only
hope that maybe they will allow me to stay
at least 3 years, so that I may finish my
studies while I am there.
Having said that, I think I may sleep better
tonight. These pent up feelings of
discontent does cause for long sleepless
nights. They will continue to pillage the
poor, until someone who has the financial
backing can stop it.
United we stand, divided we
fall...individually.
Name withheld to protect the innocent |
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10-8
Good morning. My name is XXXXXXX and I
am one of those being sued. I still have 10
days to respond. I am retired and living is
a small town in xxxxxxxx. The site I'm being
sued over was removed by "server name" back
in May of this year and no longer exists.
I'm in a quandry and don't know what to do.
My wife is really sick and worried and
afraid we're going to lose what little we
have. And like you said, none of the lawyers
around here know anything about the internet
and specifically web-tv. I would truly like
to help but my only income is my little
social security check. any suggestions? |
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10-13
Mr. Kern just called me! He sends his
love.
Anon |
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Please, if you have a website, link to this site
Save one of these banners to your hard drive.
Do not link to these banners, as I move them around.
You may send questions or suggestions to:
David M. McLean
MRA
Director
Add the following code to your page.
<A HREF="http://free-the-midi.com">
<IMG SRC="name of banner you choose" BORDER=0> </A>
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| We need your help. Join
the fight now! |
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| Free The Midis |
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This is a living site that will
change and grow constantly.
Be sure to save and come back
often.
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This site is protected by the "Fair
Use"
section of the Copyright Law.
ie: Educational |
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