Music Pirates Will Be Unmasked, Despite Band’s Protests

enigmax
May 20, 2012
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Despite protests from the band All Shall Perish, the identities of 80 alleged file-sharers of their music are set to be handed over to a Panama-based copyright troll. The manager of the band says he is shocked and angry that the troll had obtained the rights to All Shall Perish’s music and has ordered the band’s German-based label to call off the dogs. “The band, their attorney and myself have and will continue to take any steps to protect fans, yes, even those who file trade,” he told us.

As reported last month, a lawsuit filed April 20th in the US District Court For The Middle District of Florida is targeting fans of American metal band All Shall Perish (ASP).

Two issues made this case stand out. One, this is the first time sharers of music have been sued since the RIAA ended its infamous campaign. Two, the suing of All Shall Perish’s fans is being done without the band’s permission. Indeed, the band’s label, Nuclear Blast, didn’t even tell ASP that they’d signed over the rights to Panama-based World Digital Rights so that they could sue.

TorrentFreak has kept in touch with ASP manager Ryan Downey who has been hoping that the lawsuit would be withdrawn. However, we discovered that World Digital Rights have persisted with their lawsuit and earlier this month were granted permission from Judge Sheri Polster Chappell to obtain the identities of 80 alleged file-sharers from US ISPs.

We informed Downey of the development and he and the band’s lawyer went away to see what could be done.

“The band’s attorney made it clear to the licensing people [at Nuclear Blast Records] that the band wanted no part in lawsuits against fans. The industry is changing, illegal downloading is troublesome for bands and of course, for record labels, but whatever the solution will be – streaming, subscription, Kickstarter, new ways of looking at it entirely, whatever comes about – the band and I are in agreement (as is their lawyer) that SUING MUSIC FANS SURE ISN’T IT,” Downey told TorrentFreak.

But of course, when this story broke last month Nuclear Blast were already aware that the band didn’t support suing fans yet either couldn’t or wouldn’t stop World Digital Rights persisting with the lawsuit. Clearly the band’s protests needed underlining.

“The licensing folks at Nuclear Blast in Germany took all of this to mean we wanted them to prevent World Digital Rights from pursuing any new actions / claims. I don’t know how we could have been more clear, but, we emphasized again, after receiving your email and being made aware of these new developments, that what we were saying all along was DISMISS ANY AND ALL LAWSUITS AGAINST ALL SHALL PERISH FANS,” Downey told us.

Then this week there appeared to be a breakthrough.

“We were informed [Wednesday] by Nuclear Blast that they would tell World Digital to dismiss all of this. Furthermore, we have pressed (yet again) to ensure the copyright registration returns to the band as owners of all recordings, as nobody else had the right to register the band’s copyrights as World Digital seems to have either done or attempted at some point.”

But while Downey has answered questions and been very responsive, the same cannot be said about Nuclear Blast. Request for comment sent to several members of staff, from those in the licensing department to the label owner, were not responded to.

That said, the silence is not unexpected. While Downey has gone out of his way to be unfailingly polite when speaking to us about Nuclear Blast, using terms such as “hard working”, “passionate”, “communicative” and “supportive”, it’s impossible to overlook the fact that someone there transferred the rights to the band’s music over to a troll without even having the courtesy to mention it. And that troll continued with the lawsuit despite knowing the band were against it.

The best outcome now is that the whole thing goes away, but it’s still possible that World Digital Rights will persist and people will get settlement demands through the mail. If that happens, recipients will have someone to turn to.

“The band, their attorney and myself have and will continue to take any steps to protect their fans, yes, even those who file trade,” Downey told us. “The band would prefer that their fans legally purchase, stream or otherwise enjoy their music. But they definitely have not, will not and do not wish to sue their fans.”

If any reader receives a letter from World Digital Rights, write to us at the usual address.

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Captain Buzzoverinthehead DFC

If World Digital Rights persist with the suits, one wonders how long Nuclear Blast will continue to be the band’s label.
- It’s a fit-up
  
  After selling the rights to their clients music behind their back, one wonders how long Nuclear Blast will continue to be anyone’s band’s label.
  - Anonymous
    
    my buddy’s mother go t paid $21508 the previous week. she is making money on the internet and bought a $386500 house. All she did was get fortunate and put into work the instructions explained on this web site===>> ?????? http://seekingguru.blogspot.com
  - Anonymous
    
    my best friend’s sister-in-law got paid $14696 the prior month. she is making money on the inte<!–truth is almight–>rnet and bought a $372500 home. All she did was get blessed and work up the steps uncovered on this link ===>> ?????? http://uniquejoboffer.blogspot.com
- pitch pine
  
  as long as the contract stipulates?
  - Anonymous
    
    Dissolve the band, reform a new one with fake names and masks. Problem solved.
PlatinumC

Ouch, I personally have never heard of this band, but was already appalled by the first article about it, and now this.. Wow, I wonder how long they CW people can keep pulling this shit off, which turns to more and more amazing (in a bad way) with each day.
Atxthexgates

Sickening how World Digital Rights insists on suing even though the band said that they don’t want to sue. This is a proof of how broken copyright is. Those who make the music can’t even decide if they want to sue or not.
- Guest
  
  Bands should really have more control over things. I bet many people who downloaded their music went out and bought their music a few days later, but because they downloaded it first, they are facing getting sued anyway.
  - Guest
    
    Even if they didn’t go out and purchase their music after, it’s free advertising. If they’re fans of your music then they will be playing your music in the car, headphones, etc.. Other people will hear it and if they like it, you gained new fans. File sharers also tend to be the persuasive one in the group… and can get new fans for software, music, movies, etc.. People that will buy music, because face it. There are people that use it to “try before you buy”, and yeah there’s people that never intend on buying it, but there’s also people that can’t afford to buy it. So they pirate it, then tell their friends about it, then if at least 1 other person buys it the process continues and a profit was made. It’s not all lose-lose. People may become a fan of a particular actor and look into what else they have done. People also might buy t-shirts and other novelty items for the shows they like.
    
    Of course, if the movie sucks it’s irrelevant because the pirates tend to not even finish the movie. Make good movies/music and as box offices have shown, they’ll succeed either way.
    
    /end rant
    - Skin_Dress
      
      File sharing has decimated the recording industry plain and simple. People will more times than none take something for free rather than pay for it end of story. The only remaining question that remains for an artist is how to deal with it. Embrace it and use it as a tool for the few remaining people who actually buy music or prosecute those who steal it.
    - Anyone
      
      there are enough people that pay for music/movies/books, just look at the numbers from iTunes, netflix or amazon.
      the problem is right now there is more music than ever, so the money that is around is distributed over more different artists.
      
      furthermore the MAFIAA forces us to pay for VPN etc., so that is again less money that could go towards actually buying stuff.
    - Guest
      
      “File sharing has decimated the recording industry plain and simple. ”
      
      Take your fucking lies and shove them.
      
      http://torrentfreak DOT com/bittorrent-piracy-boosts-music-sales-study-finds-120517/
      
      http://www.zeropaid DOT com/news/87196/uk-poll-file-sharers-buy-more-music/
      
      http://www.p2p-weblog DOT com/50226711/study_finds_pirates_buy_more_music.php
      
      There are more studies that prove you wrong, a lot more, but I’m tired at the moment. So you’ll have to make do with just these. As for the myth that filesharing is stealing, even Chris Dodd says it shouldn’t be referred to as thievery anymore.
      
      http://torrentfreak DOT com/mpaa-piracy-is-not-theft-after-all-120520/
      
      Your own glorious leader’s abandoned you. Give up.
      
      (sorry for the “DOT com”, but I’m sick of dealing with the hoops Disqus makes you jump through when you post a URL )
  - Taker_4000
    
    anything that i downloaded before, I purchased everything in a weeks period.. as i like the hard copies
- pitch pine
  
  then bands should decide what is more important to them.
  money or fickle public opinion.
  Don’t sign contracts that allow for this.
- No1_2_u
  
  Which proves, once & for all, that the copyrights are not there to protect the artists, they are there to make huge corporations massive amounts of profit, & give their dinosaur CEOs (i.e. MAFIAA execs) more money; FUCK ‘EM ALL!
  - Guest
    
    Hung from the city street lights in Wall St along with their bankster buddies would be more preferable.
- Danny
  
  This is the reason copyrights should not be transferable. The artists would always keep control of their music and the labels would be forced to take a smaller cut of the pie. Everyone who matters is happy!
Anonymous

this type of action will continue as long as there are people/companies involved that can see a way of making a quick buck. the bigger picture is always ignored. even the future of the band(s) concerned are completely ignored in the pursuit of short term profits. the more that artists realise the way forward is to ‘go it alone’, keeping everything ‘in house’ rather than involving any outside companies or individuals, the better off they will actually. engaging with fans, giving what is wanted and reaping the benefit has got to be better than lining the pockets of all in-sundry instead! getting money out of a possible 80 fans but losing money out of a potential 800,000 seems a bit of a mark 1 stupid move to me!!
Anonymous

curious as to what is going to be used as evidence to identify the ’80 alleged file sharers’, considering that it has been established in the US and in the EU now that an ‘IP address doesn’t identify a user, only an account holder. also been established that ‘unprotected wi-fi is NOT breaking the law’ either. so, what is being used, exactly?
- JudgeGrim
  
  Copyright trolls are still bringing new bittorrent porn lawsuits in the USA. I guess as long as people pay their settlement demands and the cash continues to flow they will continue to bring lawsuits.
  - http://fightcopyrighttrolls.com/ SJD
    
    You are 100% right, and that’s unfortunate. I would somehow understand this happening a year ago, I’ve been there in such a situation: no resources, victims scattered, lawyers suggesting to settle…. But today? Search for a case title, plaintiff, troll lawyer name, or “copyright troll”, you’ll see a lot of resources on the first page of Google results – possibilities to get educated are endless…
    
    We managed to cut settlement rate at least in half over the last year, and I’m happy and proud about that, but still a lot of people allow fear to take over their common sense and ability to think critically Sad.
    - Guest
      
      I keep downloading stuff I have clear fair use rights to hoping to get one of these suits in the mail so that I can countersue. That 4 years of paralegal training sure will pay off if they ever come after me. :)
http://www.cheapassfiction.com/ Aelius Blythe

Hey everybody, look on the bright side. Eventually, it will be harder and harder to find artists who actually support these lawsuits. The old guard is being replaced by the new.

Incidents like this display the rising of the new generation in music (etc.) Not like that’ll help the individuals being targeted right now. But it’ll get harder and harder to convince the general population (i.e. voters, jury, judges…) that a lawsuit like this has any credibility whatsoever when the artists themselves stand against it. Ok, that’s optimistic. I know.Still.
Steve Smith

The Real issue i think is how these trolls got the copyright to the groups music and the group was completely left outta the loop on the deal.
http://fightcopyrighttrolls.com/ SJD

Don’t forget that in the triad IP harvester – Troll lawyer – rightsholder plaintiff, official plaintiff usually plays the third role. It’s the former two who initiated and control this shit, but enjoy the tradition of calling only plaintiff’s name when press talks about these issues.
Mfp0815

“Fans” don’t steal content of content creators. Only “cheap whining freebie I feel owed pathetic weasels” do.
- http://fightcopyrighttrolls.com/ SJD
  
  This subject is irrelevant to the problem discussed here.
http://zamphatta.com/ Forrest

IP Address != User on that IP who downloaded material.
Moose

I think if I downloaded that music and got off due to the band being nice guys, the first thing I’d do is go and buy lorry loads of their stuff.
Guest

MAFIAA: “Respect the rights of the artists, you filthy pirates!”

Artists: “We never authorized you to sue our fans. We demand you cease and desi–”

MAFIAA: “SHUT THE FUCK UP, BITCHES!”
- Guest
  
  This is so true. Artists should think twice before signing up with a label.
- Guest
  
  To be fair it’s not MAFIAA, it’s a Panama based copyright troll :)
  - Abrupt
    
    fuck being fair…..with people who are not.
    
    Panama based copyright troll / Riaa…. same fucking thing.
  - Anyone
    
    that doesn’t make a difference, it is still a symptom of the current copyright
  - Netgrazer
    
    Aren’t the terms “MAFIAA” and “copyright troll” synonymous?
    - Anonymous
      
      A turd, by any other name, smells just as sweet…
Zan

Trying not be harsh but if they signed their musics copyright over to their record label they only have themselves to blame.

I recently contacted a band i know very well about why their music wasnt on spotify.

THEY DIDNT KNOW WHY THEMSELVES

next day i get a reply containing a presz release from their record label stating why no albums on that label would be on spotify.

Fair enough but shouldnt you have informed your artists beforehand?
Fin

Its interesting because the company that currently has the rights probably bought them as an investment for this purpose and therefore the artists don’t have the right to stop this happening.

I can see how copyright protects the artist…….
- Ophelia Millais
  
  Indeed.
  
  So, tell us, o copyright trolls and RIAA/MPAA shills, why should we ever believe you when you say that copyright is about making sure artists get paid? All Shall Perish has no stake in this. This is sheer copyright trolling, just legal shenanigans by people trying to cash in on All Shall Perish’s work.
NoTrollsToday

No MAFIAA trolls on this post?

WHAT. Trolls taking Sunday off?
- true story
  
  Riaa trolls always have Sundays off.
  
  They are sleeping after being paid with cocaine and underage rent-boys on Friday
MAFIAA TROLLS

Ye right. This band is in on it…!!

Mc dot TT
me

Copyright was originally meant to allow artists to CONTROL the way their works are distributed. By making it an immaterial property that can be sold, it was effectively emptied of its initial substance. Copyright has become the new right to sue for investors and copyright trolls.

Interestingly, some countries, though just as rabid on copyright enforcement as the US, know a different kind of copyright, that is and remains linked to the artist. For example, Germany’s Urheberrecht, which is a kind of personalized, non-transferable copyright (let’s ignore GEMA for a moment, that’s another beast that needs to be defeated). Under this regime, ASP could have granted post-factum a right to copy to the file sharers, and the problem would have gone away, no matter what this Panama copyright troll would otherwise have done. Too bad that ASP is under US’ definition of Copyright: they’ve LOST control over their own work… and that is exactly what Copyright originally was NOT about.
Anonymous

OK wow that jsut makes no sense at all to me dude. Wow.
Privacy-Matters.tk
Anon

Could the lawyers not contact the judge in question and request a hearing over this matter, would that not at least identify the people involved and enable emails/letters to be sent out advising them what to do if they receive a threatening letter. Something smells fishy in the state of Denmark when nothing can be done to prevent or at least control the situation a little more. Why just leave it up to those people being threatened to contact you when they might never read your post.
Zombiexbomb

nuclear blast barely has any good bands anymore.. if i was asp i’d start fishing for a new label once this shit gets resolved . cuz that is showing me the band doesn’t even have a say about themselves at all on that label and to me being in a band that right there is BULLSHIT!
http://twitter.com/Anime4PSP Anime 4 PSP

yet another reasons why artists should sign up with labels
http://culturalliberty.org/blog Crosbie Fitch

When the alleged file-sharers’ identities have been obtained, “All Shall Perish” can announce that they specifically authorised each of them to share the files concerned (thereby assuming culpability for any infringement).

It would be ‘good’ publicity for a band to take legal responsibility for preserving their fans’ liberty – even if at the expense of being prosecuted for infringing the copyright to their own work.
- Anonymous
  
  That would be a very courageous move – basically, if the band states they authorized this, they will be held liable since they were unwise enough to sign away their legal rights to the songs in question.
  
  I.e. What you are asking for is for them to suffer a rather massive suit for breach of contract. Which they will lose.
  
  I have a great deal of sympathy for the band who obviously never imagined that this is what it meant to sign to a label.
  - http://culturalliberty.org/blog Crosbie Fitch
    
    They may well have signed away the copyright, but it is for infringement that they would more likely be prosecuted. And even then, the prosecution would become a cause célèbre – if the cartel was stupid enough to allow it to proceed.
    
    How much more famous, how many more fans would this band get if they took the fall? It would be a momentous event in our time for a band to be prosecuted for the libertarian act of authorising their fans to share their music.
    
    And that is why it is unlikely it would go to court – or be concluded there. But, the band would have gained notoriety for its selfless act, and set the standard for other bands to follow – to indemnify their fans against persecution.
Guest

I think this is a good case to get
behind as far as copyright reform. One of the instances the Pirate
Party talks about when they pick a case that has a public fallowing
against a moral injustice by the copyright industry. While the
political leaders can use this as flue ASP could get together with
these fans and make a campaign to make it known that the Troll is in
the wrong.

Start a KickeStarter campaign by the
band to collect a pool to fund their legal defense (or take the edge
off the settlement demands) and make the lawyers at WDR realize that
these fans are not soft targets. If they decide to put up a fight,
with the bands support, they would have more than a dime store lawyer
you find on the back of the yellow pages and could cost WDR more
money in prosecuting a case they have a higher possibility of losing
with recent verdicts in the theater of Copyright.

ASP could release an album of studio
rough cuts for free a few months after the Kickstarter campaign has
run its course and give out the tracks to the donators for their
contributions or even put on a limited engagement show somewhere,
giving tickets or recordings of the show out for donations, even
merch or autographs.

A lot of stuff bands already do to
raise money for charity can be done to raise awareness for the
defendants in this case to help dissuade the persistent trolls of
World Digital Rights.
Master

Copyright reform is needed here in America.

What have I been smoking? That’ll never happen.
- Guest
  
  Copyright reform is possible in the US if someone can get into office and for the first few terms be as transparent as possible about their time in the seat. we need either an incumbent party candidates or need to get the Pirate Party into office here otherwise its a snowballs chance. there will always bee some measure of doubt but don’t lose hope or give into the pressures of the captains of the copyright and entertainment industry. its these blatant abuses of their “rights” that have every one so up in arms, that which we need to change so we have to hold on to the hope that eventually we can put some measure of civil protection against the abuses of the 1%, their monopolies and the de-facto enforcers that the judicial system has become.
  
  go out and put up a Pirate Party poster and tell your friends. it has to start somewhere even if your not the person to do it. its already a movement we just need to find someone to represent us.
  - Desu1
    
    Into what office would such power exist? When power is divided so many ways, it’s near impossible to do anything. Add to the fact that changing copyright law would send very wealthy PACs after lawmakers in their districts. Voters are dumb but PACs are not.
Pingback: === popurls.com === popular today
Anonymous

I went to an ASP concert late last year. Eddie actually said on stage that the band makes next to nothing from their album sales, the big seller for them is people coming to their shows and buying merch. He also encouraged filesharing, I believe the exact words were “As long as you’re downloading the lyrics and reading them too, we don’t give a shit.”
- LCL
  
  If that’s true I vote this band No 1 “least likely to sell out”
  
  Much respect deserved.
Anonymous

Double post!
http://northierthanthou.com/ northierthanthou

Intellectual property laws in operation. You can literally sell your soul, just not to the Devil.
Qoaa

Unmask me :)
All Shall Perish 2 album “discography” in 320kbps bitrate mp3
http://kat.ph/all-shall-perish-discography-two-albums-at-320kb-s-t661298.html

Streisand effect ftw
Bablah

Prove your innocence, band. Make a song call “Copyright Trolls Shall Perish”
Mwhahaha

You sign away your rights, you sign away your rights.

Shows how insane this business is.
Trident

The label is no newcomer to this game. Nuclear Blast were working with DigiProtect in Frankfurt, Germany back in June 2009 sending out letters via Digi’s lawyers. I suggest asking who did the IP-tracking in this new case.
Pingback: The Technology Blog: Music Pirates Will Be Unmasked Despite Bands Protests
http://disabilityinsuranceillinois.com/ Sonja Wilkes

That said, the silence is not unexpected. While Downey has gone out of
his way to be unfailingly polite when speaking to us about Nuclear
Blast.
http://profile.yahoo.com/HATV7J2TGBIVWZ3UTEPT7RWEQM Ross

like Sean replied I’m blown away that people can profit $4241 in one month on the internet. did you see this site (Click on menu Home more information) http://goo.gl/WLcqo
Pingback: 80 ILLEGAL DOWNLOADERS OF ALL SHALL PERISH MUSIC WILL BE OUTED AND SUED WITHOUT BAND’S PERMISSION | MetalSucks
Guest

The system clearly doesn’t work.
http://twitter.com/kdubbz666 Kyle

Wow thats some BS. But out of the thousands of others who downloaded it, they single out 80. Bands need to drop this label as soon as they can, shut them down.
- Almughairymms
  
  Shut them down? They’re the world’s biggest independent Metal label, so I doubt it’s going to happen anytime soon.
Tom

My question is, how did they choose the 80 people? Randomly? First to download? Most seeded? The whole thing is ridiculous.
Anonymous

http://xvr.in/Xsb
Pingback: Band Protests As A Copyright Troll Sues Its Fans | Share Blog
:|

And I bet all 80 of them actually didn’t download it.
Pingback: All Shall Perish Oppose Legal Action Against Their Fans for Alleged File Sharing
http://joshesforchange.wordpress.com/ Josh C

And people wonder why I always downgrade and talk crap about record labels. Along with poisoning popular culture with people like Rihanna, Lady Gaga, and Ke$ha, they do crap like this. Anything to make a buck, right?
Pingback: Music Pirates Will Be Unmasked, Despite Band’s Protests | Mediafire Search Engine
Pingback: “No Agenda” show about copyright trolling: “It’s a complete Mafioso operation!” « Fight Copyright Trolls
Anonymous

http://xvr.in/Xsb
Gifg

Here goes a thought. Everyone gets mad at the troll. But thats like shooting the messenger. The Panama troll is someone who like you and me needs to make a living. Some have more options than others. We can disagree with what they do (i hate drug dealers, for example), but as opposed to drug dealers, they are working within a legal framework our elected officials have created. The real culprit in this mess, to me, seems to be Nuclear Blast, who signed away these rights and now is chickening out and being cowards. Im surprised none in that label has had the courage to step out in public and dispel all of this. Its all back room. Thats really sad. Its companies like that who work in bad faith. Don’t get me wrong, I don’t feel sorry for the troll, but Nuclear Blast fooled the band, the troll, and its fans. They are the bad guys here.

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