Midnight Oil

Subject: Re: [powderworks] Trading materials ... was "Bootlegs"
From: Maurice Kelly
Date: 3/10/2008, 6:42 pm
To: Andrew Lane
CC: powderworks@yahoogroups.com.au

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