Midnight Oil

Subject: Re: [powderworks] Digest Number 1226
From: "Andrew Lane" <lane.andrew@gmail.com>
Date: 4/10/2008, 11:59 am
To: powderworks@yahoogroups.com.au

i don't think there is any doubt what the original enquiry was about. who
would even ask how to find a copy of a real CD these days. they are all over
the net. too easy to find! he was clearly trying to get his hands on live
shows, stuff that money can't or shouldn't buy - unless it is officially
released.

and i'm not arguing about the legal aspect, i'm talking about what happens
in practice. this entire list pretty much goes wild when there is a new show
to trade, let's face it. and further more, the view of not trading this type
of material doesn't benefit the band - it only benefits the record companies
- they are the only winners. midnight oil have all of US to thank for the
success they enjoyed. they can't really thank the record companies, or the
venues, or the awards, they can thank us, for buying their recordings every
single time, for going to as many shows as possible, for buying t shirts,
for talking about them, for being passionate and singing as loudly as we
can. we have all traded shows on this list for years, and will do for years
to come, that is my point. i think legal debates should be left to other
more boring lists, we are here to talk about and enjoy the oils, and if that
means i put on my burnt copy of a pub gig from the 70's and go wild, well
good for me! i'm not harming a soul!

--------------------------------------


 Re: Trading materials ... was "Bootlegs"
<http://au.groups.yahoo.com/group/powderworks/message/5514;_ylc=X3oDMTJycGc3ZzRtBF9TAzk3NDkwNDMyBGdycElkAzE0NDQzMDM1BGdycHNwSWQDMTc0MDAzMDAxOARtc2dJZAM1NTE0BHNlYwNkbXNnBHNsawN2bXNnBHN0aW1lAzEyMjMwNjAwMjM-> Posted
by: "Maurice Kelly" powderworks@deadheart.org.uk
<powderworks@deadheart.org.uk?Subject=+Re%3A%20Trading%20materials%20%2E%2E%2E%20was%20%22Bootlegs%22>  mauricerkelly
<http://profiles.yahoo.com/mauricerkelly>  Fri Oct 3, 2008 7:01 pm (EST) Andrew Lane wrote:
I agree with you Dan.

RM, I think you need to relax a little mate. You went pretty hard on
someone
that just wanted a live show. You made it sound like he was about to
start
copying real CD's and selling them for a profit.

The original poster enquired about bootlegs. This may have been a
language barrier, or simply a difference in terminology, but I have to
admit that I too was cautious over the use of the word "bootleg".

There is absolutely NO
damage whatsover from trading an unreleased live show within this list.

We still do not have a legal right to trade these shows. We have
successfully traded for years without incurring the wrath of anyone, but
that is a privilege rather than a right.

are not a shop or a business. We are friends that love the Oils. You say
you
"will champion the musicians interests". Maybe you can articulate what
their interests are? I am a musician, and I speak on behalf of just about
every muso I know, there is nothing more in a muso's interest then for
people to love and listen to their music. Go and have a look at
Metallica's
site, there are heaps of free live shows, avaialable for anyone to
download
- NO CHARGE. Why? Because they want their fans to enjoy their music. Its
not always about money mate. I have no shame in saying the Oils have made
their fair share of money out of the music industry, and good on them. I
don't think anyone of us should feel guilty about sharing a live show.

Part of this depends on the source of the live show. If it's a broadcast
from a radio station then we could be infringing on the copyright of the
station. If it came from an illegal mixing desk recording, then we're
possibly violating the terms and conditions that came with the ticket
that the person who recorded the show agreed to when they bought it.

There are a multitude of reasons as to why we could *potentially* get in
trouble for distributing the live shows. Care and restraint on all of
our parts has led to this not being an issue so far. Ultimately though,
the difference between the Oils and Metallica, is that the Oils have not
decided to put heaps of live shows on their site for FOC download. For
some reason, they decided not to, whether it be quality control, legal,
or other reasons.

For now, we tread a fine line, and I think Rob was right to reply the
way he did. He is a moderator and the appointed owner of the list, and
bears a certain responsibility. He replied welcoming the new poster, and
explained that bootlegs were not welcome, but that trading did take place.

Cheers,

Maurice






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