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New user? RE: BuyMusic.com's catalog pirated?
Message Details
Posted
7/29/2003; 5:36 PM by Brian CarnellLast Modified
7/29/2003; 5:36 PM by Brian CarnellIn Response To
Re: BuyMusic.com's catalog pirated? (#6440)Label
MusicRead Count
258
Message Body
Yeah, I noticed that after I posted this. I think this is what likely happened. As she notes she never received any money, but she seems to have at some point assumed that the company went out of business -- which turns out to be not true. So her contract probably did include something like this,
She said her agreement was for brick-and-mortar only. Either she's
misinformed, or maybe they've changed their agreement since then and
they're distributing her music even though they shouldn't be. It will
be interesting to see where this goes.
Yeah, I noticed that after I posted this. I think this is what likely happened. As she notes she never received any money, but she seems to have at some point assumed that the company went out of business -- which turns out to be not true. So her contract probably did include something like this,
"The Term of this agreement will automatically renew for one (1) year at the end of each Term unless You notify Us in writing no later than 90 days prior to the expiration of the Term (Renewal)."So probably what they did was at some point when they renew they change the terms of the contract, and notify her using information that she admits was old since she thought they were out of business. She fails to object and the e-music distribution stuff gets added to her contract.
Don't get me wrong -- The Orchard sounds like one seriously sleazy business. It sounds like she and other users might have a nice lawsuit against The Orchard (though a group of users did lose a lawsuit over distribution of their CD products).
But her real problem is with The Orchard, not BuyMusic.Com has to assume that The Orchard has acted in good faith and done due diligence to ensure it has distribution rights over the music it controls.
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