Hi everyone:
At 10:05 AM 8/5/2005, you wrote:
From: Stephanie Bryant
[EMAIL PROTECTED]
Date: Thu Aug 4, 2005 9:50 am
Subject: Re: [videoblogging] Re: Freeplay Music: Warning
Erin, this whole discussion has really helped me, actually. I am not
a
Freeplay Music user. If I were, at this point I would consider such
a
letter to be a Cease Desist order, take down the offending
music,
and let them take me to court if they really needed the
$200.
That's my opinion as well Steph. Besides, you can't get into
trouble (at least with FPM) over something that's no longer linked to
your site, though the IA may have a few choice words. But even
then, they would just assume avoid litigation themselves simply by
removing the offending the files and send you an email reminding you of
*their* TOS (if they don't ban you outright).
Erin wrote
Hey all,
I hate to be keeping this discussion lingering around but wanted to
let everyone know what's going on. In regards to what Stephanie
wrote,
and what others have said on and off list to me.. I've started to
wonder if maybe I am being too apologetic about this whole thing.
(Truth is, I've always been that way, and am quick to take blame and
apologize for things in order to keep peace and avoid
confrontation).
You're not being overly apologetic. In fact, if anyone needs to
apologize, it's me for seeming to be complacent (sp?).
Anyway, after talking
extensively with my husband about this.. we have
decided not to pay the entire amount to Freeplay Music. To be fair,
I
am going to offer to pay for the music as if it were pro-rated for a
year. This afternoon, I will be taking down all my videos containing
complete selections of Freeplay Music (6 in total). They will still
be on the archive, but I will be requesting they be removed from
there
as well. Anyone know who best to contact at IA to do this? Could IA
get in trouble as well for continuing to host them? I would hate for
that to happen.
I'm seriously considering not even linking to the podcasts I've done so
far using their music (which is just about every single one of them), but
leaving the posts up as they go into what was covered on each
show.
I keep wrestling with myself
as to if I am doing the right thing or
not... but I have heard from more people who are of the opinion that
I
should not pay. I would gladly pay the money if 1)they didn't make
it
so easy for people to make a mistake. You don't even have to read
the
terms in order to download the music. Even when you do read the
terms,
anyone could make the mistake of reading Private Non-Commercial
Use
(Non-revenue generating or associated) and stop there, thinking
they
were safe. In my opinion, a much better way of making sure people
weren't abusing this is to have someone register on the site and
have
them actually check a box that says they agree to terms.
2)The name,
in and of itself, is misleading. For most ways this music is used,
it
isn't free at all. You see the name Freeplay Music and
can
immediately start downloading. Not a great idea if you ask
me.
I ranted on this on my podcast earlier today (which BTW will NOT have the
open close I normally attach to each show) and an idea hit me that
if they were to charge a ONE-TIME flat fee $5 (or whatever the minilum
value of a Money Order is nowadays) per track download REGARDLESS OF USE,
they'd make a fuckin' mint.
I mean, think of it this way, how many times do you have to pay for a
gallon of milk at the grocery store before they actually consider it
yours to leave with? Answer - ONCE - At the checkout counter.
When is the next time you pay for milk? Answer - WHEN YOU GET
ANOTHER GALLON. I've NEVER seen ANY business charge me for
something more than once.
Anyway, not that anyone will
probably care... but a lot of my most
recent videos will exist no more. I will probably try and fix them
and
eventually re-vlog them, but I'd rather be focused on posting some
new
content for now.
Same with my podcast. I can't replace those, but I'll certainly
break the links to all the affected podcasts. The others however
will remain.
Additionally, you may have noticed that I also write a text-based
Internet Soap Opera (I included that when signing with my All
Blogs signature even though its not really a blog). Recently,
I started a collection of various theme music (which can be accessed via
the show's message board) for the open and close
of the show plus other various occasions as they occur. Well, as a
result of your experience with FPM Erin, the first thing I did was to
restrict access to that section to me and me only (as well as the board's
host should FPM somehow contact them). This way I don't have to
rebuild it. I can just simply change the links. I will
however remove the files as well from my Comcast storage space though as
then this way even if Admin access is bypassed somehow, the links will be
broken as no file will be found.
But that's NOTHING compared to what I face with my podcast.
:-(
If someone from IA can get
