Why Did The Music Die, Daddy?

“Gee, son, that’s a good question. You see, long ago, there was music. And people wanted to share it, to talk about it; the way it made them feel, how it excited them, and to let others hear things that they might not have ever heard.”

"That sounds nice, daddy. What happened?"

"Well, despite that there were more records being sold than ever before, some people didn't want to share. And didn't want others to share. And these people were in control. But only for a limited time. To get around that, whenever the limited time was about to end, they'd talk to some other people in control, and as if by magic, their time was extended. Meanwhile, the people who they were supposed to represent weren't always getting paid the money they were owed, and because they hated technology and the changing world, they tried to stop it from happening."

"So why don't we have music anymore?"

"Because they modified our ears at the genetic level so we couldn't hear a song unless we paid £5 for a one-use-only, non-refundable ringtone, son."

Dear Sirs

Re: 81.103.184.89

The British Phonographic Industry Limited ("BPI") is a member of the Internet Enforcement Group (see www.ieg-uk.org) and the UK national group for the International Federation of Phonographic Industries ("IFPI"). Our members comprise over 300 record companies in the United Kingdom. Between them our members are responsible for the production or distribution of the vast majority of sound recordings sold and/or distributed legally within the United Kingdom. The BPI is also mandated to act on behalf of the members of Phonographic Performance Limited ("PPL") and the Association of Independent Music Limited ("AIM") and in this respect, to protect the rights in the sound recordings that are owned or controlled by members of PPL and AIM, as well those that are owned or controlled by BPI.

Part of our work involves monitoring the internet and taking action against persons that use, facilitate, enable and/or authorise the use of sound recordings in a manner that infringes the rights of the members of BPI, PPL and AIM.

We have identified a website that is available upon your internet service that enables access to a large number of infringing sound recordings. The site address is identified above.

The time and date when we accessed this site is detailed below.

Without limitation, examples of the sound recordings featured upon this site that are owned by or licensed to our members and/or the members of PPL and AIM are:

URL: http://81.103.184.89/six.mp3 Host: 81.103.184.89 (81.103.184.89) Document: /six.mp3 Timestamp: 20-Jul-2004 08:27:06 Artist / Track: THE POGUES / BIRMINGHAM SIX

All times given are GMT.

The persons responsible for th! is website and its content are infringing copyright.

Section 23 of the Copyright Designs and Patents Act 1988 (as amended) ("the Act") provides that copyright is infringed by a person who, without the licence of the copyright owner, possesses in the course of a business, sells or lets for hire or in the course of a business exhibits in public or distributes or distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright, an article which is, and which he knows or has reason to believe is an infringing copy.

Section 16 of the Act details the acts that are restricted by copyright. Pursuant to this section, the owner of copyright has the exclusive right to copy a work, to issue copies of the work to the public, to broadcast the work or include it in a cable programme service and to make an adaptation of the work.

Section 101 of the Act provides that an exclusive licensee has the same rights and remedies as the copyright owner following the grant of such a licence.

You should be aware that copyright in a work is infringed by a person, who, without the licence or consent of the copyright owner, does or authorises another to do any of the acts restricted by the copyright.

We are therefore writing to you to request that you remove or block access to the website identified above. This may be accomplished most effectively by blocking access to the particular URL listed above.

You will of course be able to consult your own records to enable you to contact the owner of this particular domain. You will also, no doubt, wish to consider your terms and conditions of contract with your customer. For our part, we can confirm that it is the BPI’s good faith belief that the use of the material detailed above, in the manner complained of, is not authorised by the copyright owner or exclusive licensee.

The information contained within this notification is accurate and we are authorised to act on b! ehalf of the above identified owners of copyright.

We must ask for your response to this letter within 48 hours of the date hereof. In the meantime, all of the rights of the BPI and of our members are expressly reserved.

We look forward to your response.

Yours faithfully

BPI Anti Piracy Unit

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