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King Crimson Can't Get Their Music Off of Grooveshark. So They cc'd Digital Music News...

Thursday, October 13, 2011
by  paul

The following are excerpts from a lengthy and angry email exchange between King Crimson guitarist Robert Fripp, his team, and Grooveshark.  It dates back at least two months, and reveals a fruitless attempt to clear Grooveshark of Fripp's materials.  We were cc'd on the thread today.  

             

Date: September 13th, 2011
From: Declan Colgan
To: Grooveshark SVP Paul Geller

This is not simply about takedowns. 

Most of the material taken down over the weekend has already re-appeared.

This is about that fact that Grooveshark has, repeatedly, allowed this material to be made available illegally, despite numerous notices that this represents an infringement of the copyrights involved: from Grayzone (one behalf of the copyright owner), from myself (as the licensee of the material) & communications that have been personally addressed directly to the company by the copyright holder Robert Fripp. 

Irrespective of whether or not a third party label did warrant to Grooveshark that they had such rights (& Virgin/EMI - mentioned by Mr. Ford in writing to a fan who asked the question recently as having granted such licenses to Grooveshark assure us that they did not grant such rights), they are not the copyright owners & would have had no rights to do so.

I can ask Mark Furman, a senior lawyer at the company & copied on this note to confirm this yet again if it will help?

You ask for time & patience from us on the basis that "takedowns have been honored", yet your site continues to offer King Crimson music illegally to the public.

That deserves public comment.

If you were taking our position "seriously", you would disable the facilities to search & upload King Crimson music as you do for other artists.

- Declan  

 

 

Reply.
From: Geller
To: Colgan, Robert Fripp, David Singleton, Mark Fumer (Virgin Music), et. al.

Declan,

I think I've been respectful of your position and I don't object personally to your public commentary. I just said that it doesnt make me take you more seriously, because I already do. I'm trying to find a solution that fits your needs. Thank you for your understanding. 

-Paul

 

 

Date: September 13th, 2011 
From: Robert Fripp
To: Geller

dear mr. geller,

http://grooveshark.com/#/search/song?q=king+crimson

my assumption is that you have not yet managed to find a solution that fits (our) needs.

sincerely, rf.

 

 

[fast-forward to October 13th...] 

From: David Singleton
To: Grooveshark SVP Paul Geller

Dear Paul,

I read your recent interview in Digital Music News with interest. With regard to artist’s rights you clearly stated :

"You have complete control over what you put on Grooveshark and what you don't."

This seems to be at odds with our own experience, where we have NO choice about what we put on Grooveshark. The only choice we are offered is over how much of our time and money we wish to waste in REMOVING items from a service we have never chosen to engage with - a completely different scenario.

You will appreciate that there is huge difference between someone inviting a guest into their home (where they have a choice in advance) and someone moving into your home uninvited and then giving you the chance to evict them.  Particularly if that same uninvited guest returns every day until they are evicted again - at your own expense.

Have Grooveshark changed their modus operandi, or is your statement to Digital Music News utterly misleading as it quite clearly implies that artists put their music onto Grooveshark and choose what to present?

Best

David Singleton

 

 

Reply.

Hey David,

I am going to leave Paul Resnikoff CCed on this email against my better judgement but I removed Aaron Ford since he no longer works for us. I hope you let Paul know that I don't just respond to emails like this while he is watching but take time with unhappy artists like the one you represent whenever necessary -- suffice to say that your case is the only one I felt it necessary to be involved with. Ever.

Your experience with Grooveshark was unique in that you followed the procedures to a T, we claimed to have removed the links to your content, but as you demonstrated, they remained intact. I have never seen that happen before. After finding that, there was an exhaustive review of what technical procedures could have caused it and we put two additional safety nets in place to help prevent it from happening to you or anyone else again.

I'll spare you the technical details except to say: we found a bug. We didn't see that t had ever effected anyone before. Fixed the bug and now monitor it to make sure it never effects you or anyone else. I thought we resolved that after our last email thread since I had not heard back from you or Declan.

The fact that it ever reached my desk was regrettable in that the conversations escalated through Aaron. There was some idea that your content had been delivered by a label but wasn't completely ingested. (We've had some ingestion problems this year that were producing weird results like that.) I don't know where that mistruth originated but I know what I saw in email threads prior to my involvement. I saw some opportunities to handle your case better.

Long story short: We're sorry. I'm sorry. Aaron is sorry. Not our M.O. but we made changes anyway. Email me if you ever have a problem again.

-Paul

@Paul Resnikoff, I'd appreciate it if you didn't publish my email. I think I've given you enough as of late but if you find it within your realm of journalistic responsibility to do so, I won't hold it against you.



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