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Disklavier

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[disklavier] Re: Apologies

2000-01-13 by barry dubner

Put me in the camp of those that feel that Chris's actions were most
hostile.
It was extremely irresponsible to report our group to the abuse police
at egroups with false information behind the accusations.  While Todd
did react strongly, he indeed is the man who has put in many hours
getting the group going.  His "baby" had been exposed to anunwarranted
and possibly malicious attack (in my opinion).
  I love this group---I'm currently over a thousand miles from my house
(on vacation) and I check everyday for new postings.  I glad we have
someone else that wants to see the group continue as much (or more)
than I do.
  Here's to hoping this group continues to exist for a long time.
Barry


"todd muncy" <tmunc-@...> wrote: 
original article:http://www.egroups.com/group/disklavier/?start=199
> My apologies to the group if anyone thinks I overreacted.  It's one
of my many weaknesses.  What you may have missed was the fact that
Chris, in his initial posting, accused the group of circumventing
copyrights and sent a Carbon Copy to abuse@egroups.com and the DUG
group (who censored him).  Hopefully egroups will take no hostile
actions toward our group without hearing the full story.  There were
also a few other inflammatory, unrepentant messages (also CC'ed) that
the group never saw.
> 
> Look at it this way.  I am a mother grizzly bear and this group is my
newborn cub.  My response to dangerous attacks on it is remarkably
similar.  Everyone is encouraged to tell me when I am personally being
a jerk.  I give you lots of opportunities I'm sure.  Just watch out for
the cub.
>   -----Original Message-----
>   From: Harry Kelley <HarryKel@...>
>   To: disklavier@egroups.com <disklavier@egroups.com>
>   Date: Thursday, January 13, 2000 9:08 AM
>   Subject: [disklavier] Re: DUG Censorship
> 
> 
>   Wow! 
>   I'm kinda sorry I defended this guy! This attack below is really
far worse than any response he got. Guy, I'm assuming you have some
ability to deal with conflict that isn't so hostile, no? Come on! Be a
sport. 
> 
>   Harry 
> 
>   Todd Muncy wrote: 
> 
>      Here's another update to your poorly researched unwarranted
blind-side attack.I went to the site you referenced in your message.I
then linked to Harry Fox Agency Site.I searched for all songs written
by Gershwin.There were 51 songs listed.Rhapsody in Blue (1923) was not
on the list.Why?  Because it's in the public domain.I know Gershwin has
been dead since 1939, but if you think his descendants are hurting that
bad without RIB royalties, why don't we take up a collection.Done with
you.Oh, I almost forgot.  You copied the DUG group on all these
postings.  They all came through to my group, but the Yamaha people you
so fervently defend, censored and failed to post every damn one of
them.Drop dead. 
>       -----Original Message----- 
>       From: Christopher B. McNeil, Administrative Hearing Examiner
<cmcneil@...> 
>       To: disklavier@egroups.com <disklavier@egroups.com> 
>       Cc: cmcneil@...; <cmcneil@...;>;
abuse@egroups.com; <abuse@egroups.com;>; dug@...
<dug@...> 
>       Date: Wednesday, January 12, 2000 10:08 PM 
>       Subject: [disklavier] Re: DUG Censorship 
>        Before accepting this generous offer, it might be a good idea
to consider whether Gershwin's estate will receive the royalty it's
due. I may be mistaken; perhaps Rhapsody in Blue is now in the public
domain, but if it is, it would have to have been put there by the
owners of the copyright, and as near as I can tell, that hasn't
happened yet.  ASCAP has registered the work and as near as I can tell
owns the rights to its distribution, even if old dead George didn't
perform the piece himself.  My concern is that by offering to
distribute what you call a good rendition of the piece, notwithstanding
Gary Lloyd's good intentions, you're doing three things: you're
behaving in a way that casts a real cloud on your respect for the
artist and the creator of artistic pieces like Rhapsody; you're setting
a poor example to those who would support the arts; and you're
violating the United States Code sections that control copyright. 
>       Recall that Todd's site benefits from our visits; that the
sponsors benefit when we click on the banners, and that the allure of
the site is the copyrighted work of people like Gershwin.  E-Groups.com
prohibits our engaging in conduct that violates the rights of third
parties, including copyright infringement or using the Service for what
E-groups refers to as acts of intellectual property infringement.  Todd
knows this, and he's done us the service of explaining how the Harry
Fox Agency attempts to enforce the rights of these copyright owners. 
But enforcement isn't what I'm talking about here; what I'm raising is
the idea that we can presume to copy the work of other artists, people
like Gershwin today, or Chick Corea in an earlier post, all without
recognizing that they created this work and are entitled to be
recognized (and compensated) for their efforts.  Even if it's just to
pay a seven and a half cent tribute royalty, that's still something. 
> 
>       So I'd make this proposition, all in a roundabout way of
reacting to the message below.  Maybe the reason the Disklavier Users
Group shies away from this kind of group is that what we're doing in
the E-groups version is not the best way of honoring our heros, the
artists who bring joy to our lives. We're a discrete band of thieves,
nickle and diming our way by a process of rationalization that leads us
to believe it's ok to steal someone's inspiration because now there's
the Internet. I'd encourage our loyal readers to read the article
available on the website for the National  Music Publishers
Association, at this link   http://www.nmpa.org/nmpa/expression.html 
> 
>       I hope you'll understand: I'm not an artist, but I love Corea's
music as much as I love the work of Tom Waits, Metallica, Derek and the
Dominos, and Sarah McLachlan. And I think these artists have a right to
be compensated for their work.  Good as it is, Gary Lloyd's work
copying and posting the scores of Gershwin infringes on that right and
violates the law, just as does our making copies of the MIDI files. And
it doesn't have to be this way.  According to the article posted on the
NMPA website, "Seeking permission to use music is not difficult,
burdensome or costly. NMPA will be pleased to help Internet music users
to contact the copyright owners in order to establish a dialog that may
lead to licensed uses. The currently infringing sites can eventually
develop into sites which serve the interests of all Americans
--including those who need to earn a living from their creative works
now and those who hope to do so in the future-- but only with the
cooperation of those sites' users." I urge Todd and all of the
downloaders to consider the ramifications of what they're doing.  And
I'll urge E-groups to do the same. 
> 
>       Chris McNeil 
>         
> 
>       At 06:45 PM 1/12/2000 -0500, you wrote: 
> 
>         Many of the messages I've sent to the DUG board recently
never got posted.  I can only assume there is a moderating intermediary
choosing what (and who) will and won't get posted.  I guess it's now
more important than ever to have this alternate forum.  In case you
wondered, all messages posted to this board, pass through immediately
to all members without any screening process whatsoever.  Why are these
guys so paranoid about their customers (you know, the guys that make
payday possible) comparing notes freely? 
>         Anyone else have an opinion on this subject?  I would suggest
others post messages of protest, but they would undoubtedly get
censored and never appear.  If you're listening Yamaha, think long and
hard about how petty this makes you look. 
> 
>         For the record, the censored message was not threatening or
raising hell in any way.  I was simply responding to JJWeb's DUG
posting today, looking for a good rendition of Rhapsody in Blue that
wouldn't set him back $35.  My recommendation was that he join the
group and download Gary Lloyd's excellent arrangement of it from our
vault.  Is that a problem Yamaha?   It's OK with Gary.  That says it
all. 
> 
> 
> 
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>         eGroups.com Home: http://www.egroups.com/group/disklavier 
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>       Christopher B. McNeilState of Ohio, Administrative Hearing
ExaminerP.O. Box 595Worthington, OH 43085-0595740.549.5400fax:
614.888.2687email: cmcneil@...  
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