I must disagree with you regarding trading live material.  I haven't heard of any lawsuits regarding the trading of unreleased live material.  
 
This list for years was used as a venue for trading shows with no problem.  There were also discussions regarding the bands stance on it and I don't think any definitive conclusions were made.

Dan

--- On Tue, 9/30/08, RM <m2k8@liveonthe.net> wrote:

From: RM <m2k8@liveonthe.net>
Subject: Re: [powderworks] Re: Trading materials ... was "Bootlegs"
To: powderworks@yahoogroups.com.au
Cc: "hooperadrianr" <hooperadrianr@yahoo.com>
Date: Tuesday, September 30, 2008, 7:29 PM






As stated about 6 months ago, trading certainly commercial materials is 
considered contraband. Trading recordings of materials that are not 
available for sale and have never been on sale is considered "lawyer's 
discretion", and people making such trades are taking serious legal and 
financial risks. I say this and make the statements that I do to 
legitimately "transfer the risk" (that is a legal term) from being the 
list owner's responsibility to the people doing trading. The list 
owners and moderators don't read every line of every email, nor do we 
read every subject line, so if people offer to trade materials during 
the life of the list, the owners/moderators can't be considered 
responsible for deals that happen unnnoticed. Now if you wave it in our 
faces, we are fully aware of what you are doing and the activity will be 
considered more thoroughly.
Legal precedent is that rampant theft of IP on the Internet is a target 
for litigation. If you want to paint a target on yourself you are 
welcome to, but don't paint one on the Powderworks list. This list was 
started as an honourable fan list, and trading show recordings was not 
acceptable in the early decade of the list's life. Fundamentally 
trading is more likely to be illegal than legal, so if there's going to 
be a debate it will take a music industry lawyer's signed statement to 
convince me that trading recordings is legal. I personally have always 
swayed in favour of paying the ferryman (I have no copyright materials 
that I do not own the store-bought CD/DVD of) and while I am charged 
with the survival of this list I will champion the musicians' interests 
and those of their chosen support structures (the music industry they 
signed up to) in favour of others' lifestyle preferences.
That should clarify things. If not then we'll can explore options that 
can best meet the needs of the various interested parties.
RM

hooperadrianr wrote:

I must admit, I'm a bit confussed.

Didn't we just have a fairly lengthy discussion on this site in the
past few weeks about trying to ascertain whether the '81 Tanelorn
festival was filmed or recorded? Didn't that discussion spin off from
a question about the existence of recordings (ie bootlegs) from '76
%'77? Haven't there been countless offers to "weed" & "seed" booltegs
through this group (including obvious fan compilations like the
Anthoilogy vids)? Do we not think for a second that if any of these
as yet unavailable shows suddenly surfaced we wouldn't all be
clamoring to get our hands on copies?

I agree, the copying and trading of commercially available releases is
a contraband topic and not condoned, but come on, weeded bootlegs have
been distributed through this list.

I'm not trying to be inflammatory but I am confused. Could you please
clarify? Thanks

Adrian

 














      

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