EMI Demands IP Addresses From Everyone Who Downloaded Beatles/Beach Boys Mashup

from the DJ-Dangermouse-Part-II dept

Fri, Sep 8th 2006 6:33pm — Mike Masnick

EMI, it appears, just doesn't learn. Two years ago, DJ Dangermouse (now gaining a ton of fame for the ridiculously popular Gnarls Barkley tune Crazy) created a mashup of the Beatles' White Album and Jay-Z's Black Album, called the Grey Album. It was a big hit, and probably attracted some fans of one artist to the music of the other. One thing it clearly did not do, is hurt the sales of either artist. It was clearly not a replacement for the music of either one. But, EMI and Capitol Records, who own the rights to the Beatles music, apparently didn't understand that. Their lawyers went nuts sending out cease and desist letters. Jump forward to a few weeks ago, when producer Clayton Counts, mashed up the Beatles' Sgt. Pepper's Lonely Hearts Club album with the Beach Boys Pet Sounds. Considering the history of the two albums, and the constant comparisons between the two, this seems like a natural "mashup" project. So, what happens? As Boing Boing points out, EMI and Capitol Records have pulled the same stunt, sending out a nastygram cease-and-desist letter, which you pretty much had to expect. However, rather than just demanding that Counts take down the music, the letter (which, of course, is meaningless from a legal standpoint), also demands the IP addresses of anyone who might have streamed or downloaded the songs. Counts is ignoring the cease-and-desist, and it's anyone's guess if the label will pursue this issue, but it again raises issues about lawyers making business decisions without thinking through the actual impact on their business.

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47 Comments

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Matthew, 8 Sep 2006 @ 6:52pm

Wow pretty kewl
In fact I'm inspired to buy the artist's track and maybe more if I can find...oh wait...I can't find anymore? DMCA RIAA?? ... oh well, screw them and their lawyers.
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Marc, 8 Sep 2006 @ 7:42pm

I have come to the conclusion that most lawyers are the scum of the planet, except James Woods in that one movie.
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Shanoboy, 8 Sep 2006 @ 7:44pm

I'm no longer buying compact discs
Thanks to the never ending instances of the music industry making total jerks of themselves and sueing everyone under the sun, I am no longer buy compacts discs new ever again. Only used cds and illegally downloaded mp3s for me from now on!!! I'll support my favorite musicians by buying tickets to their shows and purchasing merchandise off their websites with the money I save!
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Mrhappy, 8 Sep 2006 @ 7:52pm

Re: I'm no longer buying compact discs
"Thanks to the never ending instances of the music industry making total jerks of themselves and sueing everyone under the sun, I am no longer buy compacts discs new ever again. Only used cds and illegally downloaded mp3s for me from now on!!! I'll support my favorite musicians by buying tickets to their shows and purchasing merchandise off their websites with the money I save!"

Ya know just quoting you...

but I dont see why they think their losing sales so bad.. I mean if you like the band that your downloading.. they are making money elsewhere on it. Honestly.. i wouldnt be suprised by the fact that RIAA is profitting majorly from all the suing that their doing. I mean still ya gotta pay lawyer fees and all.. but i mean comeone the rediculous fines and all
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UCGunjin, 8 Sep 2006 @ 7:52pm

Buying used CDs and merchandise
Buying used CDs, merchandise and concert tickets do not benefit the artist unless their record deal includes a percentage of such things. Ask any commercial music management major and they will tell you that new CD sales and royalties from radio play are how the artists get paid. Concerts and merchandising are mostly so that the holders of the contract can recoup all the money they've spent on venues, hotel rooms, plane tickets, equipment, studio time, etc etc etc. Buying used CD's only benefits the person selling the used CDs. Of course, downloading mp3's does get the artist recognition.
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DittoBox, 8 Sep 2006 @ 7:53pm

Re: I'm no longer buying compact discs
Rather than telling them you really want their content, just not their BS, tell them you don't want either.

emusic
magnatune
http://www.bleep.com/

Support artists and or labels who don't have their heads thoroughly jammed in their rearends.
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Concerned Citizen Fish, 8 Sep 2006 @ 8:09pm

Re: Buying used CDs and merchandise
You have it all wrong. Concerts and merch are THE major source of income for most artists. If by "holders" you mean the record labels, they do not participate in such revenues. They ONLY get paid on CD sales and licensing of the master recordings. A few new-fangled deals (Korn) do create more of an equal partnership between artist and record company--where all of these revenues are shared but most bands never recoup and therefore never get paid on CD sales. They rely soley on tickets and tee shirts.
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Angry Rivethead, 8 Sep 2006 @ 8:24pm

RIAA
The RIAA and MPAA remind me of that kid when you were in gradeschool that would run around the playground trying to arrest every student they say breaking the rules and physically drag them to a teacher for punishment. We all know the one...Sooner or later, someone is going to get fed up and really knock the crap out of the kid...At first all these lawsuits were mildly threatening. Now they're just lame, boring and pathetic.
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n3o, 8 Sep 2006 @ 9:24pm

no more cd's for me either
i have to agree with the previous posters who said they would never buy another CD again. i haven't purchased a CD in 3 years. i will make a vow, however. when the RIAA and MPAA are abolished, i will buy 100 CD's and 100 DVD's to celebrate. as long as they are on their ridiculous crusade, try and get a penny from me m***** f*****!!!!!
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Damon Billian, 8 Sep 2006 @ 10:35pm

Seems a little heavy-handed
And while I personally agree with some of the issues made by the RIAA and the artists, I do think that the exposure given in a mashup generally outweighs any lost sales ( I personally wouldn't want anyone downloading a full album free of charge, for example). Asking for the ip addresses, something that can change (static/dynamic), does seem a little on the outrageous side, however.

OT: I actually heard a cool mashup of Billie Jean (Michael Jackson) and Don't Stop Believin' (Journey) while in Tahoe. Anyone know where I can get a copy? ;-) I also think the Doors/Blondie mashup is pretty cool as well.

I guess this is the real question:
How many folks have purchased an album by an artist because they heard it for "free"?
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zcat, 8 Sep 2006 @ 10:57pm

> How many folks have purchased an album by an artist because > they heard it for "free"?

And how many people go and buy music without ever having heard it (for free) first?

I know I wouldn't.
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imp, 9 Sep 2006 @ 12:16am

and...
how many people have downloaded an album instead of bothering to buy it? a huge number, so don't fool yourselves.

also, good luck blaming the lawyers for the practices of the business men. given that lawyers fight on both sides as ADVOCATES, you're idiots.
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Anonymous Coward, 9 Sep 2006 @ 2:28am

thank the techno-world, for HD radio and satellite radio, I will not purchase a single cd or mp3 until I can decide how i'm going to use it
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zcat, 9 Sep 2006 @ 3:29am

How many people listen to the radio and buy only a tiny fraction of what they hear? Probably most.

How many people listen to music at a nightclub without rushing out and buying it? Probably most.

How many people borrow CD's from a library and don't buy them? Probably a fair few.

So; how many people download music and don't buy it. Huge numbers, yes. But a few people download music and then BUY the CD as well. Just like a few people hear a song on the radio and buy the CD, or hear it at a club and buy the CD. I'd even hazard a guess that the numbers work out to be about the same!

The RIAA need to stop wasting their time fighting p2p downloads and focus on the real problem; people are getting free music through broadcast radio and nightclubs!! If you count every song played on air times the number of people who heard it and may even have recorded it on tape, this 'broadcast piracy' is clearly costing the industry billions in potential profit!!
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MadJo (profile), 9 Sep 2006 @ 3:51am

Re:
The RIAA need to stop wasting their time fighting p2p downloads and focus on the real problem; people are getting free music through broadcast radio and nightclubs!! If you count every song played on air times the number of people who heard it and may even have recorded it on tape, this 'broadcast piracy' is clearly costing the industry billions in potential profit!!
Point is, that radio stations pay royalty fees to labels when they play those songs (most times it's a blanket fee payed to your country's local RIAA). So the RIAA does benefit from music played on the radio.
And most nightclubs also pay a similar kind of royalty fees.
But those P2P programs don't pay that royalty fee, and that is bothering RIAA...

That said, I'd like to state, that I do think that RIAA is entirely going about this in the wrong direction. And what EMI is doing has totally no merit. Those songs they are trying to 'protect' can't be bought easily (if you're in luck you might find a copy in a cd-store).
And remixes and mashups have always existed! And they are legal to create, because of the fair-use provision in any copyright law.
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Music Pirate, 9 Sep 2006 @ 4:25am

Me booty!
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Garibaldi, 9 Sep 2006 @ 4:51am

Re: James Woods=Good Lawyer
I'm no fan of the scum that hire lawyers to do some of the things they do. Just like James Woods, most lawyers are reading the script their clients give them. Some just get to ad lib more than others.

Let's face it: I love $h!tt!ng all over lawyers as much as the next guy, but the fact is the overwhelming percentage of lawyers are closing mortgages, writing wills, defending people in court, etc. Pay a little more attention and you will notice that most people who hammer lawyers are the first to run out and get one when THEIR ox is gored.
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Anonymous Coward, 9 Sep 2006 @ 4:54am

The RIAA need to stop wasting their time fighting p2p downloads and focus on the real problem; people are getting free music through broadcast radio and nightclubs!! If you count every song played on air times the number of people who heard it and may even have recorded it on tape, this 'broadcast piracy' is clearly costing the industry billions in potential profit!!

Don't kid yr self - this is exactly what the labels were doing back in the old days of the cassette tape. They even had a slogan: "Home Taping is Killing Music."
You youngin's!
http://en.wikipedia.org/wiki/Home_taping_is_killing_music
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eternal, 9 Sep 2006 @ 5:34am

Everyone always talks about how the lawyers are the scum of the earth but they are just the ones carrying out the wishes of the true scum. It's time to stop pointing fingers at the lawyers and start pointing them at the true culprits of this insanity!
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jaded, 9 Sep 2006 @ 7:08am

The Labels are the Mob and the lawyers are the Con
Don’t go cutting those lawyers so much slack... They don’t simply act as Advocates. Lawyers are also required to provide counsel. So in other words it is their job to inform their client of the best way to profit from a situation. That’s why divorce lawyers don’t encourage clients to sign paper work if they are eligible for alimony... Why sign when you can bleed them dry? Attorneys are looking to make a buck off this too, if they don’t find a way to help their client profit they won’t have a client for long.
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Anonymous Coward, 9 Sep 2006 @ 7:28am

I just think back to Johnny Rotten singing about EMI and wonder if he wasn't right.
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Wikipedia is Not a source of Facts, 9 Sep 2006 @ 7:35am

So many post in blogs "Go to Wikipedia, it's there man!" Everything and anything can be added to Wikipedia and has no "truthiness" to it. If you watched the episode of The Colbert Report where he proved that it is a bad idea, you would know how stupid it looks on your part to point to a fictitious website for facts. Not surprising considering your head is full of bullshit tablespoon fed to you by your birth cunt mom.
Propaganda lives enternity, you will die before the lies are squashed. In the meantime, keep lying to yourself and justifying why you should not pay someone for services rendered but wish to kill anyone that doesn't pay you for your work (if your dumbasses even get off your obese lard chunks and labor).
You won't have any new music to steal when music becomes a volunteer act. Don't lie and say you'll spend your time mastering a great beat and awesome lyrics for nothing. You can't even part with twelve dollars, to busy poking your 3 inch limpy in front of porn all day.
And to those liars who state that you will buy their concert tickets to show support. A ticket will cost at least four times as much as a CD, you don't know for sure the band will play in your area (and I highly doubt your lazy ass is going to drop your schedules, work, and life to throw money into a road trip), and if they do play in your area you'll have to be able to have the free time to attend. But who's kidding who, right? We both know you are as full of shit as a portie pottie at one of those concerts you claim to attend.
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Pricing, 9 Sep 2006 @ 7:40am

i'd buy cds if not for the ridiculous pricing..

i mean, $20 for a cd? i dont think so, this only happens in north america

i can buy and import cds from other countries for less than that, i can get cds from korea for $6 each, if cds here were $6, i would never download mp3's again, but they're not, so, downloading for me
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Pricing, 9 Sep 2006 @ 7:45am

Go to Korea and pay with their Yuan then you Gook.

An extra 6 dollars, WHAT THE FUCK!! That will cut into my budget of rice for the entire month, Oh My God. I couldn't possible pay twelve dollars a CD. Don't buy CD from the damn mall if they are charging $20 a pop. Be a wise shopper, not a cheap asshole crook.
You can get free music by breaking into homes and cars and stealing just the same as downloading, you know?
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Gcrow, 9 Sep 2006 @ 8:37am

Alternative
That is way I buy music from Itunes. Okay their files are DRM but at least they have the balls to to talk back to these sleazy recording company when it comes to pricing. End result we have legally downloaded, reasonably priced music. Can you imagine if Itunes market keeps growing? this will give them power to dictate music price (ie keeping it low), remember Apple business is selling hardware (Ipod) not music.
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iPIR@TE, 9 Sep 2006 @ 9:00am

You want my IP?
Here it is: 127.0.0.1. HA! I can download music in Canada as long as I want to. As far as mashups go - if worse comes to worse I'll make an "archival" backup on a CD that came with a levy. At least that way I can listen to it in the car.
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iPIR@TE, 9 Sep 2006 @ 9:06am

You can download it still...
Get it here: http://www.illegal-art.org/audio/grey.html

All the piracy - none of the scurvy!
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doubledoh, 9 Sep 2006 @ 9:28am

lawyers aren't the scum
I have come to the conclusion that most lawyers are the scum of the planet, except James Woods in that one movie.

Lawyers are contract workers, like hitmen. Someone has to HIRE them to do the dirty work. If you want to consider someone "scum of the planet," how about the record label execs that unleash the lawyers in the first place?
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doubledoh, 9 Sep 2006 @ 9:47am

An extra 6 dollars, WHAT THE FUCK!! That will cut into my budget of rice for the entire month, Oh My God. I couldn't possible pay twelve dollars a CD. Don't buy CD from the damn mall if they are charging $20 a pop. Be a wise shopper, not a cheap asshole crook.
You can get free music by breaking into homes and cars and stealing just the same as downloading, you know?

You are a moron. Buying an item for $6 instead of $12-20 IS being a wise shopper, fool. And bargain hunting for a lower price does not = stealing or breaking into people's houses except in irrational land (where you clearly live). Also, trying to not get ripped off by greedy record execs doesn't make you an asshole, being YOU makes you an asshole.
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Anonymous Coward, 9 Sep 2006 @ 9:55am

I download music all the time, when I do find an album that I do like the whole thing I will buy it. As usual though todays CD's have 2 or 3 good songs and the rest is filler crap! That's why they don't want you to listen for free first.

Support Artists, Not Music Labels!
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Mike J, 9 Sep 2006 @ 11:01am

layers are enablers, they are leeches on society, I realise they are not the cause of the problem but if they wouldnt do the job of handeling frivalous cases then our court system could be more efficient.

Kind of the old song quote, "hey calling it your job still dont make it right" I think it was blood on the scarecrow or something.

on a lighter note, I did just think of the irony in how riaa sounds alot like old timey pirate talk

PIRATE says: ARRRRRR, EYEEEEE, AAAAAAAAAAAA

hehe, thats either really funny or I am really tired at work today.
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Ryan, 9 Sep 2006 @ 12:01pm

wow
Ok, I've heard a few of the songs off of this... and it's all utter crap..

Most of the time he just lets the 2 play on top of each other, and their melodies don't mix... so it creates nothing more than background noise for the length of the song.

when he does try adding effects, it's more like the first time somebody's ever seen a mixing board. Random tempo changes, bass additions, and spinning the stupid records.... with pointless scratching and repeating added.

This won't turn anybody on to either type of music. I can see why the record companies want it pulled.
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Spunky, 9 Sep 2006 @ 12:03pm

Re:
Umm no you can't you knob.

It's much easier to download it than break into someone's house or car......

Idiot!
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Anonymous Coward, 9 Sep 2006 @ 2:00pm

Streisand Effect!
I didn't even know about this...but now I'm getting it! Thanks EMI!
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comparison boy, 9 Sep 2006 @ 3:22pm

what's the difference
between 1 artist selling 3 million albums and 6 artists selling 500,000 albums each from the standpoint of the record company? They make money on cds, not tours. Even the new deals with tour percentages going to the labels, that means more money, cause more simultaneous tours equals higher quarterly revenue, right?
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righteous 1, 9 Sep 2006 @ 4:45pm

Re: Buying used CDs and merchandise
wron-o. artists make a shitload of money on merchandise. i know, because i am one and i have made WAY WAY more money on merch than on CD sales.
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Ntlgnce (profile), 9 Sep 2006 @ 6:00pm

Umm
Cool I just went there and DL it with a static IP.. Next time I reboot it will be different.. Oh I almost forgot, I use a hot spot from the starbucks next door. Obviously they dont have a clue...
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izzy, 9 Sep 2006 @ 10:32pm

The Sex Pistols Were Right.
Now more than ever, I see why the Sex Pistols wrote their scathing ode to EMI back in the 70's.
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:HAn., 9 Sep 2006 @ 11:00pm

But I legally own the music already!
Legal question: What if I own both Sgt. Pepper and Pet Sounds already? I already own all the parts included in making the mashup. I would think I cant be sued because of this, as the mashup did not hinder me from buying either album and EMI has already made its money from me.
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Anonymous Coward, 10 Sep 2006 @ 2:20am

Re:
wrong dollar denomination, numbskull. Korea is the Won, not Yuen.

Korea also has the highest price in the world for rice, which is the main food staple. Cutting into the budget for rice would be sacriledge. I hate rice, but my wife, who is Korean, can't go a day without eating rice. If we go out for dinner, she will come home and make rice just so she has eaten rice at least once a day.

Stop being a troll and think before you write, you racist prick.
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Anonymous Coward, 10 Sep 2006 @ 6:16am

Re: Anonymous Coward has a Charlie in his bed!
Price of rice is highest in the world at Korea? I so understand how that makes a difference on CD price.
At least I admit I'm racist--human racist! Fuck all turd factories.
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Married to Charlie, 10 Sep 2006 @ 6:39am

Price Was Right?
Married her 'cause for $5 she love you llllllooooonnnnggggg time! Price was an offer you couldn't refuse. If she cost $20 per pop like a CD you would either have to spank yourself or rape her. You just can't pay retail price cause your a cheap Jew.
Call to complain:
1-800-No-Care
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RevMike, 10 Sep 2006 @ 7:26am

Re: The Labels are the Mob and the lawyers are the
Don’t go cutting those lawyers so much slack... They don’t simply act as Advocates. Lawyers are also required to provide counsel. So in other words it is their job to inform their client of the best way to profit from a situation.

You're right, they provide "counsel". They can't force the client to make a decision, they can only spellout the alternatives and the potential risks/rewards of each alternative.

In the end, the client is the one who makes the choice. Always.
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Marco, 10 Sep 2006 @ 1:26pm

Lawyers
I think the lawyers are playing you all like little pawns. Look how much free publicity you are creating. I can just hear the thousands of kids saying "Dad, who is Sgt Pepper and why were he and his bandmates so lonely?"
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Anonymous Coward, 10 Sep 2006 @ 1:47pm

Re:
Lawyers will claim guilt by association when in court. There's no difference!
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Listener, 11 Sep 2006 @ 3:32am

Radio on Demand
With radio on demand I don't need to download music, and I get to listen to the style of music I like best. Not to mention that it is totally legal.

For those in Australia check out http://triplej.abc.net.au/ if you like Triple J.

The downside is that a lot of the stuff on radio is rubbish, but the specialty shows give you a good 2-3 hours of assorted greatness. I find I don't sit at my desk long enough to get through a show in a day.

I did download Camilles album when I heard the song Le Port, but now that I've heard the full album (its now a feature album on JJJ so I could have waited a week) I am setting out to buy it this weekend (assuming its even out in Australia... I haven't heard anything).
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\, 11 Sep 2006 @ 6:20am

okay FINE
192.168.1.101, okay!

There.

Wow, you know what? I actually feel better about myself now.
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