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Fergie

Regular Contributor

Joined: 11/08/2007 10:46:44
Messages: 161
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Ian Paul wrote:
Has I was not privy to the full aspects of the EMI encounter I can only proffer my opinion on this aspect of the download button. I would imagine this was part of EMI deal to hold off any lawsuits to remove the download from default and install audible magic 


As I said in my previous post, they are two seperate issues... Let me try to give you a very simple breakown....If you want to continue to relate the two...

At the very least a basic legal team would have insisted certain obligations. These would have been either; 'a') no download button at all or; 'b') the download button is allowed after vetting.

Scenario 'a' is self explained. Scenario 'b', vetting has been achieved but 'b.1' still dont allow uploader to allow distribution - go back to point 'a' or 'b.2' allow uploader to allow distribution.

Once all of the above scenarios have looped and eventually reach point 'b.2' copyright onus on the uploaded material can be either; 'c.1') placed upon the owner of the uploaded material or 'c.2); placed upon the end user that so wants to download the material.

In any event the copyright process at stage 'b.2' has passed the copyright element. At this stage esnips have fufilled obligations in respect of copyright.

The option to download can then adressed in two ways, either by a further re-certification (second time) if required by the providing a 'tick box' option, which would therefore remove majority liability on any primary or secondary party.

Therefore the decision making process to remove the 'standard download button' is a flawed argument in respect of copyright. This is simply re-affirmed by the fact that you can upload to a private folder and then make it public for download.

Either the legal advice provided to esnips missed this or it's a complete load of bullshit. I suspect the latter and that the site was badly managed. Appointing people such as those at the very basic level of forum admins like suede is an insult to the end users.

In any event downloading is available - its not set as default as the end user much protested. The default setting is nothing at all to do with the any legal obligations - It's that simple!!

Ian Paul wrote:
with all this going on investors withdrew there financial support this resulting in the loss of jobs for most of the esnips staff resulting in many of the software glitches experienced over the last twelve months 


Ignoring proposals that were presented to the point of drafted contract, in relation to a world wide record esnips compliation, involving a major record label is not something a potential investor would ignore. Let alone the proposal of a DAB station with the amount of users that esnips had... IGNORED!

Ian Paul wrote:
But now there is a new regime and it experience lies in telecommunications they have installed an new manager of esnips who is doing all he can to bring the site back up to scratch and lets not forget the R&D guys who have worked there socks off to keep esnips up and running with only about a third of the staff they had they could do with a pat on the back 


Perhaps the new guy plans to take the site in a whole new direction? I don't see any new objective statement? I certainly don't see how the new guy has at all related to this community or if he has appointed someone to restore what made the site what it once was?

Ian Paul wrote:
things are getting better all the time but it still needs time after all it has had to survive 12 month with out full financial support  


I really don't agree, nothing has at all has got better, it has gotten worse. However you seem to be able to obtain the knowledgable information that things will change and are going to be, which really troubles me... for reason that i would hope appear obvious?

The continued supression of speech that provides the feedback to develop is restricted by suede.

I have asked several times now how was the admin appointed? Was there an application form? What were the goals and objectives in respect of the appointment. Who instructed the removal of the threads that provided all the feedback?

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Fergie

Regular Contributor

Joined: 11/08/2007 10:46:44
Messages: 161
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--
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Fergie

Regular Contributor

Joined: 11/08/2007 10:46:44
Messages: 161
Offline

Fergie wrote:
-- 
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boblapolla



Joined: 17/07/2009 16:29:46
Messages: 1
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I know I'm on the wrong page, but maybe you can help me. I'm trying to post a question and I can't seem to fid a button for a new post.
I'd appreciate your input.
Bob1927

It's nice to be important,but
it's more important to be nice,
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Miss P.

High Roller!
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Joined: 21/05/2008 06:50:30
Messages: 1144
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Dear Sir

what is your question??

in case you wish to create a new topic, just click "new topic" shown at the heather of one of the Forum Index Topics / community..

etc.

but you can leave your question here is you wish.

Every new post comes on top of the pile so you are noticed.

Ask your question by clicking "post reply" here under.

thank you

Miss P.
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crazzycat87

New Contributor

Joined: 06/10/2009 05:18:31
Messages: 5
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good djs are always welcome here!!!

...With love to myspace glitter graphics...
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