Well I've always believed that you find out nothing from the horse's back end, so I wrote to Rose, the Record Lady and the following cut and paste is her answer:
----- Original Message -----
From: "Fred Shannon"
To:
recldy@mail.com
Subject: site closure
Date: Mon, 1 Aug 2005 16:24:35 -0500
why was the site shut down.
fred
--------------------------------------------------------------------------------------
Thanks for writing, Fred...a copy of the letter I'm sending out to all
who ask "why" is copied below:
------------------------
The "disclaimer" on my site has always read, in part, "if you hold legal
right to a song and wish it removed, it will be once proof of your ownership is
verified." Somebody finally took me up on that:
On Friday, July 29th I received this email:
-----------------------------------------------------------------
To Whom It May Concern,
I own, co-own, control or have a vested financial interest in all music
from the following labels and their subsidiaries:
RCA, Mercury, United Artists, MGM, Decca, Dot, and Kapp
I demand that all music files on your web site, both streaming audio
links and download links, for these labels be removed immediately.
I demand that a full accounting for licensing fees paid, songwriting
royalties paid and publishing royalties paid, from site inception to
date, for all songs streamed and downloaded be provided to me immediately.
Failure to comply by 9:00 AM, Monday, August 1, 2005, will result in
civil and criminal actions.
Sincerely,
(and I won't give his name and his affiliations, except for the fact that
he apparently owns a small record label in Florida)
---------------------------------------------------------------------
My first thought was WHO IS this person and does he indeed have the RIGHT
to make those demands of me?...(hell, any "kook" could have sent that
e-mail...) I also knew there was no way in hell I could go through all
the songs on my sight and "eliminate" those that were on the labels he
specified before his "deadline".
As far as his second demand went, I'd always believed that I was exempted
from having to pay licensing fees and royalty fees because of the "fair
use" part of the copyright law...I wasn't "selling" any of the music and there
was no way in hell that my tiny ra files of old out of print music could
be seen in any way, shape or form as interfering with "possible sales" by
the record companies....
I was all set to write back to this guy and demand NOTARIZED PROOF that
he had the right to make the demands on me that he had, but decided I'd
better go online first and check out a few things so I'd have something to back
me up, BEFORE I wrote a letter to him.....
I re-read the "copyright laws" and eventually ended up on this page of
the RIAA's website:
http://www.riaa.com/issues/music/downup_faq.asp
(For those of you who don't know, the RIAA is the organization that has
been suing users of peer to peer file sharing programs for trading near CD
quality mp3's of the current music the record companies are trying to
sell.)
I was shocked when I read this and realized that I didn't have a leg to
stand on...that because I hadn't paid thousands of dollars in licensing
fees and the such, I could be considered by them to be some kind of
"criminal"...hell, according to this, anyone of us who even sends a song
file via e-mail to a friend can be considered guilty of "copyright
infringement"!!!
Bottom line is that it makes no difference whether or not this jerk had
the right to make his demands...all he'd have to do (and probably already
has) is report my site to the RIAA and then the law suit would come from them
and not him.
I have no money to hire a lawyer and I don't need or want to have to
defend myself on criminal charges, when all my intention was was to share some
memories (in song) with friends out there who had a want and need to hear
them.
Oh well, the powers that be don't want us to waste our time listening to
the old music...they want us to hear only what they want us to hear...the new
crap they are tiring to sell. They control radio pretty much now, so now
they're trying to control the internet....
As much as I hated to give in to this, I felt I had no other choice but
to close down the site.
I'm grateful to each and every one of you who have helped keep the site
online for as long as it has been and I consider each and every one of
you a friend of mine....we've shared a lot together and they can't take that
away from us!
Rose
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Guess that pretty well answers the questions posed.
Phred
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"From Truth, Justice is Born"--Quanah Parker-1904