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German METALLICA Fan's Home Raided After He Allegedly Uploaded 'Death Magnetic' Illegally
- Apr. 27, 2009
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According to Jacqui Cheng of Ars Technica, file-hosting service RapidShare has reportedly handed over to the record industry the IP data of the user who had uploaded a copy of METALLICA's new album "Death Magnetic" to his RapidShare account a day before its worldwide release. The issue came to light after the user claimed that his house was raided by law enforcement thanks to RapidShare, as reported by German-language news outlet Gulli. METALLICA's label supposedly asked RapidShare for the user's IP address, and then asked Deutsche Telekom to identify the user behind the IP before sending law enforcement his way. In January of 2008, RapidShare found itself pitted against GEMA (the German version of the RIAA) arguing that it was not responsible for the content that users uploaded to the site. The Düsseldorf Regional Court didn't buy it, ruling against RapidShare, saying that the company is responsible for those files and would have to check every file for copyrighted material. In October, the court spelled out its expectations a little more clearly, saying that RapidShare must remove infringing content proactively, despite RapidShare's insistence that it had already hired on six staffers whose sole job was to go through uploaded material and respond to complaints about infringement. Read the entire report from Ars Technica.
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To report any abusive, obscene, defamatory, racist, homophobic or
threatening comments, or anything that may violate any applicable laws,
please send an e-mail to bmouth@bellatlantic.net
with pertinent details.
Anyone posting such material will be immediately and permanently banned. IP
addresses are recorded to aid us in enforcing these conditions.
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COMMENT | wow
posted by :
4/27/2009 1:52:20 PM
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let it begin!
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COMMENT |
posted by : WormdrivE
4/27/2009 1:56:16 PM
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What does it matter? It was available for free on Metallica's website for free at the same time.
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COMMENT |
posted by : between two worlds
4/27/2009 1:56:20 PM
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ohh...here we go.
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COMMENT |
posted by :
4/27/2009 1:56:36 PM
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Bwahahahahahahaha!!!
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COMMENT | FUCK THE RECORD COMPANIES
posted by : savagedamage
4/27/2009 1:56:39 PM
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Steal,Burn,Download everything you can. Never pay for any major label band's music. Fuck RIAA and Fuck Lars Ulrich, and Fuck Metallica
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COMMENT |
posted by :
4/27/2009 1:57:57 PM
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They should have filmed THAT for Time Warp. See Metallica fans get raided in sloooooow mooooootiiiiiioooooon.
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COMMENT | Did i mention....
posted by : WormdrivE
4/27/2009 1:58:57 PM
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It was Free??
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COMMENT | Metallica...
posted by :
4/27/2009 2:04:01 PM
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will be on the discovery channel tonight with an up close look at heavy metal in slow motion.
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COMMENT | I download illegally...
posted by : Poops McGee
4/27/2009 2:06:19 PM
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...with the option to later purchase. If I like what I hear, I go out and buy it in physical form. If not, I delete the album from my computer.
Moneywise, I don't really think huge names such as Metallica feel whether I buy or download, but smaller, upcoming bands who just released their first album will feel the difference.
My advice: Support smaller and upcoming artists by paying for their music, if you like it...
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COMMENT | xfx_6171.
posted by : rous
4/27/2009 2:11:40 PM
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BINGO.
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COMMENT | savage damage
posted by : rous
4/27/2009 2:11:51 PM
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you're a douche.
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COMMENT | poops mcghee
posted by : rous
4/27/2009 2:12:24 PM
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right no, brutha. that's what I do too. Especially with local bands.
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COMMENT | oops
posted by : rous
4/27/2009 2:12:50 PM
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right ON brutha. heh heh.
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COMMENT | ^^
posted by : nyetfall82
4/27/2009 2:15:44 PM
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gotta agree with Poops mcghee, I download and if I like what I hear I'll purchase the album OR I'll go out and buy the vinyl of an album and download the torrent of it later. If I like something I make sure I support the artists who deserve it.
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COMMENT |
posted by : pigchop
4/27/2009 2:18:51 PM
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'They' can try to stop the uploading/ downloading as much as 'they' like - it is all for naught. No matter what, the cyber world is ever-evolving and, will not be curtailed by laws and the demands of such.
I'm not saying that a band should not be paid for their work. I am simply stating a plain matter of fact. I think records should first be sold by the bands themselves at gigs - when a tour is done, the record could then be released as per usual.
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COMMENT | I heard
posted by : Eyist
4/27/2009 2:37:00 PM
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I heard that the German fan's house that got raided was Lars' mom's house.
Just a rumor though...
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COMMENT | Has anyone else noticed...
posted by : xnoybis
4/27/2009 2:41:37 PM
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Has anyone else noticed the shocking decline in the amount of record stores around? I am certainly not defending Craptallica (they still owe me for the $7.36 I spent on a cassette of the lame Black Album).
I just miss record stores. I had a terrible time finding the new releases by Napalm Death and Cynic in local stores.
I hope I don't get raided for all the porn I download.
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COMMENT | xnoybis
posted by : Land of the Lost Horizon
4/27/2009 2:49:08 PM
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better look out. ron jeremy could be the next lars.
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COMMENT | So he got busted
posted by :
4/27/2009 2:50:41 PM
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for uploading the version everyone got from a bit torrent or usenet 2 weeks earlier to rapid share, not too bright!
Hey its fun now, but have you looked at how much concert tickets have gone up in the last few years. So now when you see a show for $120, you are essentially paying for their entire catelog as apposed to the 30-40bucks it was pre napster.
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COMMENT | DEAR LAW ENFARCEMENT OFFICIALS AND MAJOR LABELS
posted by :
4/27/2009 3:01:43 PM
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PLEASE COME ARREST ME, SINCE I STILL OWN A RADIO THAT HAS A CASSETTE DECK AND I CAN RECORD DIRECTLY TO AN AUDIO CASSETTE ANY SONG PLAYING ON THE RADIO IN MY AREA. ALSO TO INSULT TO INJURY YOU WILL FIND I HAVE AMODERN PC WHICH MEANS I MAY THE ABILITY TO RECORD AUDIO INTO A DIGITAL FORMAT WHICH ALL CAN BE CONSTRUED AS INTENT TO SHARE/SELL COPYWRITTEN MATERIAL OVER THE INTERNET OR THE ILLICIT MARKET. THANK YOU.
SINCERELY,
don't waste my time.
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COMMENT | what he said
posted by : z0rkzer0
4/27/2009 3:04:50 PM
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@Poops McGee,
Exactly. The file-sharing on the 'net today is the same as the tape-trading of yesterday. I get the cheap/free copy and decide if I like it, and then either buy or discard as appropriate.
Problem is, a lot of bands and/or labels don't want you to make an informed purchase. They think you should pay full price first, then evaluate. F that!
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COMMENT | Really what I meant is
posted by :
4/27/2009 3:11:43 PM
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what is the difference between listening to a song for free on the internet and over the radio? You can still record radio. Its the same. I listen to a song on the internet and move on with my life or I can listen and save a copy of the song what's the difference? Downloan and Save are just fancy terms for tune in and record. And what if you already own the album, in another format? It's not my fault technology hasn't made it easy to duplicate my vinyl and cassettes. It's unethical to make me re-purchase lifetime of music. I think somebody needs to step in and tell the Music Labels to stop crying and enjoy their big houses and fancy cars.
Bastards!
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COMMENT | ^^^^^
posted by :
4/27/2009 3:12:39 PM
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You must have posted while I was typing.
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COMMENT | Justifying...
posted by : borikeepsbanningme
4/27/2009 3:12:54 PM
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Download illegally, listen, then buy, is still theft. If you walk into a store and say, "hey I'm gonna drink this beer, then put it back if I don't like it or buy it if I like it" you will be arrested. You all who rationalize this way are just as bad as the ones who download with no intention to buy. They make sites like "Myspace Music" and "Amazon Mp3" so that you can preview the track. Previewing is NOT stealing. Just so we are clear because some of you have a problem comprehending right vs. wrong in the digital age.
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COMMENT | borikeepsbanningme
posted by : lundtheconqueror
4/27/2009 3:19:02 PM
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So you are exactly right!
Too bad the lowest common morons on here can't figure this out.
I just hope none of you are parents teaching this crap to your kids!
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COMMENT |
posted by :
4/27/2009 3:21:38 PM
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how embarassing!
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COMMENT | Outlaw the Radio!!!!
posted by :
4/27/2009 3:23:38 PM
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I just heard a new song by Metallica! Lets get those Radio Station F@#kers!
Previewing is one thing, what if they only played a portion of a song on the radio?
How about stations that tell you we are going to start at 10pm every friday night to play 3 different LED ZEPPELIN Songs. Well It looks to me that they are file sharing on the good ol' free radio so I have to agree with Steeldragon and z0rkzer0
-- because an clip of a song and a whole song are two different things. If it can be done on the radio it can be done on the Net.
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COMMENT | Funny how the the self proclaimed experts....
posted by :
4/27/2009 3:27:17 PM
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have to resort to name calling to get their point across. Are you vioent too? If you are so intelligent can you have a discussion without getting upset and insulting someone?
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COMMENT | borikeepsbanningme
posted by : Poops McGee
4/27/2009 3:27:52 PM
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I definitely see what you mean - in fact, I think you're totally right. I'm not gonna change my ways though. I might be a thief, but I concider myself a "good" thief...
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COMMENT | wow
posted by :
4/27/2009 3:27:53 PM
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sounds pretty serious, Lars strikes again, that album was pretty sucky anyway, Tallica died in the 80's
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COMMENT | typo
posted by :
4/27/2009 3:28:09 PM
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vioent = violent
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COMMENT |
posted by :
4/27/2009 3:40:50 PM
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I'm going to go to a Metallica show just so I can shit in the pit.
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COMMENT | WTF?
posted by : axodry3
4/27/2009 3:40:54 PM
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The dichotomy of popular music is that most musicians start out making music to draw attention to them selves. Once they get this attention they become self absorbed and so self involved that they believe that their music and their words are lined with gold. They begin to take everything way too seriously. It seems like every musician now needs to make a Sgt. Pepper’s of his or her own in the same way every author feels the need to write the next great American novel. Musicians often forget that it wasn’t genuine talent that was the cause of this attention in the first place. The reality in life is that there are very few truly talented individuals that exist at any given time. The whole DIY movement of the 90s lowered the standards of music and gave hope to the masses which in turn gave people the notion that anyone and everyone could make music, coupled with affordable digital recording thus flooded the marketplace with shit.
Entertainment is one of the few products, and yes it is a product, that if you the consumer is not satisfied you can’t get a refund. So as a consumer we spend our hard earned money on “works in progress.” During this developmental stage in a musician’s career, we as the consumer are basically the financial backers for these “works in progress.” If a musician does show some talent and gains some notoriety, we are rewarded with higher concert ticket and merchandise prices. Most musicians, if asked, will tell you that they despise the “music business.” So why at any given time in popular music are there so many bands that have the exact same sound and style. This is because they are trying to compete in a market place with a viable product. So don’t become all lofty and pretend that you are an artist. If you really think about it the true artist, notice I didn’t use the word talented, is the one on the street corner farting the alphabet while banging on a coffee can.
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COMMENT | yes and yes
posted by :
4/27/2009 3:42:32 PM
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borikeepsbanningme, lundtheconqueror.
There is no real justification for downloading shit illegally. If you want to preview the music, which every band I'm familiar with allows you to do on myspace, go there, or listen to the radio, or take a ride with your friend who just bought the cd.
Not happy with CD's costing $18? Want to show them you're pissed? Don't buy them. But you don't get to have your cake and eat it to. As a consumer, if you disagree with a company or industry, don't buy their products, that's using your voice.
Ever since BP Amoco tried using the fact that NW Indiana is a shithole that desperately needs the jobs their plants create as leverage to get Indiana to allow them to dump higher levels of toxic chemicals into Lake Michigan, I haven't gone near a BP station. But what I don't do is pump my car full of gas and drive off, or go into the store and run out with an arm full of stolen stuff.
And to all you geniuses that think the radio is the same as what you're doing, every artist that has his music played on the radio is PAID each time their song is played. No established artist would allow their music to be played on a station making money off ads if they didn't get their share.
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COMMENT | This is how the raid went down
posted by :
4/27/2009 3:48:06 PM
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lars and james raid fan's house
http://www.youtube.com/watch?v=mb_jLAisPzk
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COMMENT | lars
posted by :
4/27/2009 4:00:11 PM
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Looks like lars is going to jail he said he downloaded the cd
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COMMENT |
posted by : thaiguy333
4/27/2009 4:13:32 PM
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the problem wasn't that the guy downloaded it illegally, he was the initial person to UPLOAD it illegally. so really, he would be the one the record companies would want to go after and make an example of.
and really, who can blame them? its a business like any other with intellectual rights to protect.
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COMMENT |
posted by :
4/27/2009 4:32:54 PM
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This is whats going to happen in america. Not only raiding peoples home by illegally downloading stuff from rapidshare, but youtube and any other p2p sharing/video uploading site.
To be honest, having the law raiding kids homes/computer through ip tracking is needed here in America.
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COMMENT | if you are going to steal, steal something good
posted by :
4/27/2009 5:00:18 PM
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I wouldn't waste the bandwith let alone the hard-drive space to download that album.
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COMMENT | unfortunately, borikeepsbanningme, you are dead wrong
posted by : rous
4/27/2009 5:01:12 PM
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all I'm doing by downloading to preview the album in its entirety is saving myself a trip to the record store who have play copies that allow me to stand there and listen to the record from front to back if I want, which, as a kid, I'd do every Saturday. And if they have no play copies, they will open one off the shelf to let me listen. So now what? Am I a thief because I'm not using the gas to get my car to the record store, so the oil companies should sue me?
I have not uploaded one single sollitary song. A thief I am not.
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COMMENT | children of boredom...
posted by : rous
4/27/2009 5:10:15 PM
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.....as I said above, there is justification if used properly. But contrary to your main points:
a) I don't know what bands you listen to, but most only post their current single or a couple songs, rarely entire albums, on their myspace page.
b) I have a family and a job. I don't have the time to go cruisin' with my buddies for the sole purpose of listening to music anymore. I did that when I was 17. No offense to you personally, I just don't have that kind of time.
I am tired of the days when I'd buy a record only to be disappointed by 10 out of the 11 tracks on it. Some have made the point that if you go to a movie for $12 bucks and it sucks, then too bad. If you bitched, you can get your money back for that too. I know people have done it. If a meal is terrible, you get it free. Same principle. Only with music I'm just not buying it.
If bands are putting out a decent product, they wouldn't have, and most DON'T have, a problem with people downloading for the sole purpose of previewing. I download, and delete it off my bittorrent tracker immediately, so I'm not seeding either.
Honestly, this debate is useless, since music trading has happened ever since the advent of the cassette tape player. Again, bands love it if it helps them (Metallica), and cry the moment they've made a name for themselves and no longer need it to gain a following. The one point I will concede is that it's no coincidence that ticket prices for shows have risen exponentially since the rise in illegal downloading. It's disappointing for those that support the acts. You can't pay less than $40 even for a mid-card band anymore. I remember when VH and AIC were touring, and I didn't go because it was $40, and I vowed I would never pay that much for a show. Little did we know about the future state of the industry.
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COMMENT | Shouldn't the title be...?
posted by :
4/27/2009 5:10:58 PM
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'Danish DIAMOND HEAD Fan's Home Raided After He Allegedly Tape Traded 'Lightning To The Nations' Illegally.'
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COMMENT |
posted by : FugHoff
4/27/2009 5:42:29 PM
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So, I went to Futureshop the morning that Death Magnetic was released. (insert comment on how much Metallica sucks here).
Upon listening to the album I became all too much aware of the digital distortion that has become so infamous on this CD.
I then went online to find out that the only version of this CD that does not have the distortion was the Xbox 360 downloadable Guitar Hero 3 content. Since I have no desire to purchase an Xbox 360 and the GH3 game in order to get my hands on this, I downloaded it.
It is clear with no distortion and I am satisfied with this, whereas before, I was ready to pull my hair out listening to the clipping on Deth Magnetic.
Why should I pay 15 bucks for obviously poorly recorder crap? I guarantee you that the retailer would not have given my money back based on what I, the CONSUMER view as a DEFECT. So...was this wrong?
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COMMENT |
posted by :
4/27/2009 5:46:43 PM
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I wouldn't pay a red cent for Death magnetic. As a matter of fact it would be a waste of space on my hard drive. I listened to it once and that was more than enough.
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COMMENT |
posted by : webb88
4/27/2009 5:47:32 PM
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"METALLICA's label supposedly asked RapidShare for the user's IP address, and then asked Deutsche Telekom to identify the user behind the IP before sending law enforcement his way."
I'm sure most people will blame Metallica, but sounds to me like it was their label.
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COMMENT | borikeepsbanningme
posted by :
4/27/2009 6:20:39 PM
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I can't argue with you there and to be honest a lot is being resolved by bands streaming their entire albums before it is released. So with those cases what excuse for downloading is there? You can go and stream the entire album as many times as you want to make an educated purchase. I realize that this is not the case with a lot of bands but it should be.
The people stealing is half the problem the other half is the industry for not coming up with a solutions to get people to pay for music that would work. The fact that all they are doing is threatening and arresting people is not going to solve anything. They still screw everyone over and find every way possible to blame things on illegal downloading instead of trying to find solutions. I think they should all hire Trenet Reznor because the man gave his album away for free and still made over a million off of it in the first week.
Simple let people download the album free in a lesser quality format and then if they want perfect CD quality charge them $5 to download it. The record companies would still make lots of profit without having to have physical product or inventory. It is not that complicated to come up with some system that will get people paying for music again but these big idiots can't get their heads out of their ass to see it.
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COMMENT | borikeepsbanningme
posted by : dallaswillis
4/27/2009 6:33:38 PM
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I have to respectfully disagree. I think uploading is a crime, not downloading. To use your bar scenario: If some other person goes into a bar and steals beer and then you go to his house weeks later and have one its not that big of a deal. You might even buy that kind of beer next time you go out. By downloading you are not actually the person that steals the music...you just find the music that someone else has stolen lol. Not to worry though, eventually you will be charged to upload and download data and it will be cheaper just to buy the CD.
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COMMENT | dallaswillis
posted by :
4/27/2009 6:49:41 PM
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FALSE! If you take a stolen car from the guy who stole it knowing it was stolen I guess that makes it ok then to drive right? I am sure the law would have no problem with it right? Or if your buddy steals beer from the store and you and him share it knowing it is stolen I guess that makes it ok too. The thing is YOU KNOW it is stolen and you have the choice to not steal it. Your rationalization on this subject is quite funny though...
Now if said friend steals a cd from the store and you are listening to it with him does that mean you stole it too?? I mean you did download it into your short term memory right? Who knows man it is all a fucking circus.
SUPPORT THE BANDS YOU LIKE!!! BUY CDS, MERCH, AND GO TO THEIR SHOWS!!! PERIOD END OF DISCUSSION!
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COMMENT | big brother
posted by :
4/27/2009 7:14:32 PM
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Reminds me of this scene from Brazil.
http://www.youtube.com/watch?v=SIDggzJ1mWc&feature=related
Honestly, do we need to be RAIDING peoples' homes due to illegal downloading? Surely there are more civilized avenues we can take to enforce the law.
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COMMENT | longsincedark
posted by : dallaswillis
4/27/2009 7:47:45 PM
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I see your point and agree. I buy my music legally so I'm not too worried about it.
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COMMENT | here is a tip
posted by :
4/27/2009 8:42:17 PM
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Thought I would share this as it helps both artist and you legally.
How not to buy a shitty album... well at least not to pay full price for it...
1. find all the samples and free songs online from the album you can... some bands even stream their entire new album for a limited time before it comes out.
2. if you buy the album and it still sucks after all turn it around and sell it on Amazon, eBay, Half.com, or even trade it in at your local music store. I have sold many cds I did not care for on Amazon for the same I paid for it if not a bit more depending on the sale. On average though you may lose a couple bucks but... you ONLY LOST A COUPLE BUCKS and STILL SUPPORTED THE ARTIST and it was all perfectly LEGAL
ENJOY!
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COMMENT | longsincedark
posted by : Meaufeau
4/27/2009 9:10:22 PM
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Why support bands that put out shitty CDs? I wouldn't want to put myself through the trouble of first buying a CD, then find out that it's total rubbish and then try to sell it to someone online at a lower price. There are just too many bands releasing too many shitty releases these days. I think downloading is a great way to sort out which releases are actually worth buying and which not. You can only spend your money once anyway.
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COMMENT | CD
posted by : RiotAct666
4/27/2009 9:52:03 PM
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Just buy it and you won't have the FBI etc. knocking at your door looking for you.
Plan and simple.
Support bands by buying their albums, Don't steal from them like you kids do now adays.
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COMMENT | RiotAct666
posted by : ~CAIN~
4/27/2009 11:47:33 PM
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Plan and simple?... Plain & Simple?
Dude, I get it. You still USING that device that allows you to download a.k.a steal it?
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COMMENT | Sorry dude, I don't mean to pick on you...
posted by : ~CAIN~
4/28/2009 12:13:50 AM
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I never did before until just recently. I apologize. It's just that, the internet is here to stay. The old days of the 80's & early 90's are over. People do not participate in the classic nostalgia of hunting down their favorite records at record stores. I know exactly where you're coming from. Those days are gone though. Digital is from now until forever. Less and less physical product will be produced anymore.
How are you going to criminalize and entire generation of people between the ages of 15-23? More that 80% of that demographic in the United States now knows and participates in file sharing. Last I checked, that's the majority of our future populous and work force. These kids still buy stuff & support their favorite flavor of the month band. It's just a different strategy to get that dollar from their pocket. Time to change & adapt. Think about it.
Holding onto a dying business model fruits no rewards.
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COMMENT | Lars Ulrich was on Rachel Maddow
posted by :
4/28/2009 3:13:58 AM
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She was more metal than him.
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COMMENT | Bah
posted by : a_l_x
4/28/2009 4:45:18 AM
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Buying music is a way of the past. The sooner we all realize that we can move on to better things.
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COMMENT | I agree...
posted by :
4/28/2009 4:47:22 AM
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I'd like to be able to just walk up to the artists I want to buy from, give them the money for an album outright... Record companies have been legally stealing from us for longer than we'd like to remember. Retaliation then comes to be illegal as it's not within the 'system' therefore against the law....to bad the people who make laws are outlaws themselves...
I feel sorry for musicians today trying to make a living...
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COMMENT |
posted by : jaysus
4/28/2009 8:42:14 AM
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forget swine flu, this is what really matters, good to see the authorities have their priorities in order. lets smash a bulldozer through your living room over a metallica cd!
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COMMENT | good
posted by :
4/28/2009 9:21:24 AM
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good,you deserve to get arrested if you do this.if you cant shell out 10-15 dollars for a solid record,not saying this one is,then you have more problems to deal with other than buying records.dont be so cheap,pussies
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COMMENT | give the guy a medal
posted by :
4/28/2009 2:11:09 PM
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For informing so many people how absolutely horrible it is
But man I do enjoy you clowns talking "right and wrong" as if this situation has anything to do with those concepts.
"deserve to get arrested if you do this" you are a true idiot. Go to prison for even a WEEK and tell us that a plastic disc is worth doing that to someone.
step into reality once in a while it's good for the mind.
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COMMENT |
posted by : ssamu
6/29/2009 7:22:01 AM
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I don't believe you should be put into jail for downloading, neither do I believe that the uploader should be arrested. I just think that the uploader should be merely fined.
I think that downloading should be stopped and as an alternative someone should create a huge site for STREAMING music for free. Kinda like Spotify.
I might be a hypocrite (since I download myself (but I do buy a lot of records still)), but downloading is one of the only ways to find about new bands and hearing their music. Going in to a store and blindly buying cd's isn't that easy nowadays due to high prices.
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