Attn: R. Balch and all - GuitarZone.com FORUM

Attn: R. Balch

Although I’m not new to the sight, I’ve never visited the forum to post anything, only to search for a particular tab. I haven’t been here in quite some time and upon my recent visit, I was dismayed to discover the goings on of last year and this year regarding the NMPA. It seems they have been on the attack all across the internet as they have sent the very same letter to several other tab sites; Olga, one of the oldest was hit recently as well. They have actually pulled down their site in fear of the consequences.

So why am I writing this…I’ll get to the point.

My wife sells many items on eBay and as such, we have had to do quite a bit of research regarding copyright infringement, or the potentiality of it, in selling certain items. Hence, I have some knowledge regarding this matter and would like to share it in the form of INFORMATION only. I make no claim as to my legal knowledge or any capacity thereof. The information I share is my INTERPRETATION of copyright law only and is intended for INFORMATIONAL purposes only. (In case you haven’t noticed already, I just gave you all some HINTS.)

I’ll break it down. Cease and Desist letters are quite common and frequently do not bear any weight unless sent by an attorney or are accompanied by a copy of the actual legal documents required to stop someone from continuing practicing the acts in question. These documents are most commonly called an “Injunction”. As I understand it Robert, you were threatened by your ISP and that is simply bunk. They cannot legally pull your service at the request of someone else. If they did, you would have one hell of a case against them. As for the accusation of copyright infringement, it is argumentative. Here is the tricky part, see you have no idea or control over where or how the folks who post tabs got them from. The “honor” system is just to flimsy to base an argument on. If a person posts a tab that is an exact replica, note for note, of the original composition, the argument of infringement becomes more plausible; not only against the person who posted it, but for the site owner (You) as condoning the action by providing an avenue for others to benefit from it (ala Napster). Oh yes, everyone, please do not confuse money with infringement. A company or person holding a copyright to material does not have to prove that they lost revenue as a result of the infringement, nor do they have to prove a purposeful intent. The money part is just icing on the proverbial cake as it were. All they have to do is show both pieces side by side and prove an unmistakable similarity. The bottom line is this, big corporations use Cease and Desist letters effectively because they are just that – “Big”. Little guys, like us, almost always crumble under the threat because we lack the legal backing to fight them. The guy who started Napster had elephant balls to go up against the Music Industry plain and simple but make no mistake folks, HE DID NOT LOSE. He just changed gears halfway into the fight seeing the potential dollars. He did what is commonly called a “lay up” in golf. He convinced the big boys what kind of money they could make by tapping into his loyal customer base and with the flick of a pen he was a millionaire. Anyway, I digress.

Robert, you have to decide where you stand and how far you are willing to go for your cause. Even though there are no potential dollars to be made here, you can still “lay up” and continue to provide the great service you do; I already hinted at it earlier in this post. If it were me, I would write a letter to the NMPA apologizing. Yes, I said it, apologize. I would explain that I did not “intend” to compromise their copyrights in any way. I would further explain in detail what the intended audience of my site is and hence why I wish to continue. I would add something in there to the effect that those who post are only showing their respect for the artist’s work they are interpreting – that is for fluff. Oh yea, I would also CC my ISP since they stuck their nose into it as well. Now here is the Ace and it may require some added work on your part if you wish to continue with the site. I would write a disclaimer that states that the tab being posted is the sole interpretation of the artist posting it and intended for informational purposes ONLY. It has to be written in the first person; as if the person posting wrote it. Now here is the part that requires some work. Each and every tab posted has to have that disclaimer in it or it doesn’t get posted. That means someone has to monitor and remove any that don’t. The site itself also has to have a similar disclaimer on the front page somewhere in plain view. A good example is the Movie Industry. Pop a DVD in your player and FF to the credits at the end. You will find a paragraph that says “The characters depicted in this movie are fictional. Any similarity to real persons living or deceased is unintentional…” I think you get the picture.

Now if they stick to their gun, that’s when you have to decide, how far you are willing to go. Your only other recourse may be to fight it out in court. Or, if I remember, you are not in the US and neither is your ISP. If you are using your ISP to host the site, you may want to consider changing the site host to some other company in a different country. There are plenty out there that wont give a crap what the NMPA has to say. Whether or not the NMPA can go after you is something you have to research within your countries laws. One thing for sure is your ISP can't do **it if you’re not hosting with them. The service you pay for and where you host a site are two different matters altogether and they have no jurisdiction nor control over it so long as you do not abuse or violate their user agreement. That’s the only reason I could think why they got involved in the first place.

I apologize for the lengthy post but I wanted to lend some assistance to your cause. I wish you the best of luck and I will check back often to see where you stand. This is a great site and I hope to be able to return for tabs for years to come.

Respectfully,

prmirage

QUOTE (rbalch @ Mar 1 2007, 02:28 PM) <{POST_SNAPBACK}>

Hi prmirage
Thanks for the info. Anyone's thoughts that actually are the products of serious thinking are appreciated. Sometimes they come out here a bit half-baked.

Anyway, I've studied much related law including the issues you brought up. Don't worry, the last thing I'll do is 'give up'. The second to last thing I'll do is go down in flames, if necessary. First thing I'll do (and have done) is make a solid plan and have motivation and faith in this issue. It's a very important issue for current as well as future generations.

I'm here for all you guys/gals. It's great to hear the feedback and thoughts from you all, anytime. Thank you for your support and efforts.

Cheers,
Rob

Rob -

Good to hear you've chosen the fight. Everything we enjoy in this life is thanks to innovative thinkers that have the courage and will to fight for what they believe. I, and I'm sure all those who post here are behind you 100%. If you ever have any questions, feel free to shoot me a private message - who knows, I may actually have the answer.

Also, a big thanks to all those who replied to my post. Your kind words are appreciated.

Now does anyone have the tab for Matchbox 20's - Long Day??? I can't find it!!!