Copyright Troll Causes Chaos By Suing Fans Without Band’s Permission
8 replies, posted
[QUOTE]If further proof is needed that copyright trolls are only interested in money and couldn’t care less about artists or their reputations, read on. A lawsuit, filed against fans of the band All Shall Perish, caused chaos in the past 48 hours when the horrified band revealed they know nothing about it. Speaking with TorrentFreak, the band’s manager says they are “gutted” by the news and have no idea what is going on.
As reported here on Friday, a lawsuit filed April 20th in the US District Court For The Middle District of Florida is targeting fans of American metal band All Shall Perish.
Up to a point it’s a familiar story. A total of 80 IP addresses are listed having been harvested from a BitTorrent swarm sharing the album “This Is Where It Ends”. The plaintiff, a company called World Digital Rights, wants to discover the real-life identities of the alleged file-sharers so they can be hauled into court or, as is almost guaranteed, settled with for a few thousand dollars instead.
After the news broke, predictably the band started to receive negative feedback. [B]But according to All Shall Perish’s manager, Ryan Downey, neither he nor the band know anything about the legal action.[/B]
[B]“The band wasn’t consulted whatsoever and none of us have ever heard of this company,” Downey told TorrentFreak.[/B] “I spoke to the US label manager and German label president who both are as confused as we are. We are digging deeper and looking into the legality of it all. We are thinking it’s perhaps a sublicensor or some digital aggregator or something?!”
In reality the answer seems more straightforward. All Shall Perish’s German label are Nuclear Blast who according to their site are “the largest independent heavy metal label in the world.” Even if Nuclear Blast’s president is confused by the lawsuit, people working for him are definitely fully in the picture.
According to the lawsuit, on March 12, 2012, Nuclear Blast signed over the rights to “This Is Where It Ends” to World Digital Rights, Inc., an act that made the Panama-based company the “exclusive licensee” of the album. Along with that came the right to sue and it seems the company are now making the most of that right. After conducting another search of court documents today, it appears that World Digital Rights actually filed two lawsuits against alleged sharers of the album, one against 80 Does and another against a further 100.
In both cases World Digital Rights demands that each defendant is held “jointly and severally liable for the direct infringement of each other defendant” and held liable for statutory damages of $150,000.
Downey, who told us that the band were totally blindsided by the revelations, describes this action against fans as “awful” and has promised to stay in touch with developments. Ideally these lawsuits will get withdrawn, not only for the sake of the Does but for the sake of the band. But if Nuclear Blast and World Digital Rights persist with this ridiculous project, All Shall Perish might have no choice but to personally intervene – their reputation could rely on it.[/QUOTE]
[url]https://torrentfreak.com/copyright-troll-causes-chaos-by-suing-fans-without-bands-permission-120429/[/url]
I have to assume somebody's getting fired here. But even barring this being a spectacular case of ineptitude on Nuclear Blast's part, this really highlights how broken current IP law is for musicians themselves.
This is exactly the kind of shit that makes me hate media companies. I have no problem with paying artists for their work, but more and more I get the feeling that the creators of the works I enjoy aren't getting a dime of what I pay and instead my money is being used to fund lawsuits.
We've known for ages it has been the record labels and not the artists suing people.
Most of the artists don't give a shit, they already got what they want.. How many artists do you see going on stage saying "pirates are taking all the food off of my table, and because of that leaked album i can no longer keep my house/car/etc."
Never, the sad thing is more artists need to stop their labels from ruining regular peoples lives.
The artists make next to nothing off of song/album sales.
They make money from selling merchandise and albums on tour.
I never expected a potential copyright infringement lawsuit to be about a death metal band. Aren't they normally involving moms who downloaded a Lady Gaga track?
[QUOTE=MR-X;35764879]We've known for ages it has been the record labels and not the artists suing people.
Most of the artists don't give a shit, they already got what they want.. How many artists do you see going on stage saying "pirates are taking all the food off of my table, and because of that leaked album i can no longer keep my house/car/etc."
Never, the sad thing is more artists need to stop their labels from ruining regular peoples lives.[/QUOTE]
You'd be surprised how many people [I]don't[/I] know this because of the famous artists that have been getting their panties in a bundle since the Metallica/Napster debacle. It's been toned down every year since because it's bad for PR, but that's it, not because everyone had a collective revelation that piracy wasn't that big a deal. Many larger artists still very much want you to believe piracy is evil and makes them cry.
[QUOTE=Frisk;35764915]I never expected a potential copyright infringement lawsuit to be about a death metal band. Aren't they normally involving moms who downloaded a Lady Gaga track?[/QUOTE]
The metal industry is still a business; the people who run it still want money. It's a shame too; All Shall Perish is one of those bands where it's obvious they do their thing because it's fun, not because of a paycheck. I'm rather biased because I love the band, but this entire thing really needs to be dropped.
[QUOTE=MR-X;35764879]How many artists do you see going on stage saying "pirates are taking all the food off of my table"[/QUOTE]
Well, there's at least [url=http://www.youtube.com/watch?feature=player_detailpage&v=9qoGqVq9EXw#t=48s]one[/url].
[QUOTE=MR-X;35764879]We've known for ages it has been the record labels and not the artists suing people.
Most of the artists don't give a shit, they already got what they want.. How many artists do you see going on stage saying "pirates are taking all the food off of my table, and because of that leaked album i can no longer keep my house/car/etc."
Never, the sad thing is more artists need to stop their labels from ruining regular peoples lives.[/QUOTE]
Only one I can think of is Lars from Metallica. RIP Napster.
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