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Author Topic: Baja Bash 2004 is off the trading list.  (Read 5039 times)

leith

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Baja Bash 2004 is off the trading list.
« on: May 17, 2005, 04:48:00 am »
Anyone who happens to have a copy of this show please do not trade it via the internet. The person who happens to own the rights to the recording has decided to put all of Baja Bash 2004 on the Disclogic site. When I recieved this show I did not recieve instruction not to trade it. This has only happened in the last couple weeks. It is a great show and I believe the band will profit from the sale of the set on Disclogic. I am totally unaware of any agreement between Dave Wright and The Breakfast but it stands to reason they would get something from it. If so I urge all that do not have this show to PURCHASE it once it lands on the Disclogic site. If they do not recieve anything from the sale of this set, I\'m positive that  free copies will be spread just not through the \'net.
Thank you all for understanding.
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Wolfman

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Baja Bash 2004 is off the trading list.
« Reply #1 on: May 17, 2005, 06:17:41 am »
I dunno man, once a show is in the public domain it\'s fair game.  I\'ve never heard of a cease-and-decist order on trading a show because someone later on decided they wanted to make a profit on it.  If taping was allowed then nobody can possibly "own the rights" to the show.  If he owned the rights then he could sue tapers, but he can\'t sue the the tapers because it was legal at the time.  (The tapers are protected by Ex Post Facto.)  For example, Phish has made a lot of money selling LivePhish discs and live downloads of old shows, while fans are still allowed to trade these shows.  Phish competes by offering great soundbaord quality and packaging.  If your boy wants to go back and sell copies of the show that\'s fine, he can do that, and he will have to offer something more than the average trader gets.  I\'m sorry, but you can\'t order people to stop trading a show that was legally taped, that is totally unprecedented.
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davepeck

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Baja Bash 2004 is off the trading list.
« Reply #2 on: May 17, 2005, 06:27:30 am »
just to clarify...

*snip*

All The Breakfast\'s performances and recordings are the exclusive property of The Breakfast. All rights reserved.

*snip*

Dave Wright has no rights to the recording.

Quote from: Wolfman
If your boy wants to go back and sell copies of the show that\'s fine, he can do that,


not really.
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GoldnRd

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Baja Bash 2004 is off the trading list.
« Reply #3 on: May 17, 2005, 08:46:22 am »
Why is it that people will try to profit off of someone elses work.   I would just say that asshats like your friend are what put tapers in jeopardy.   Bands (Ani for instance) don\'t have the time or energy to police this, so if they feel it is getting out of hand, they will pull the plug on tapers.   If someone tells you they "own" a recording of a band, the proper response is not to post in a forum and say not to trade it...it is to tell the guy/girl that they are a douchbag, and trade it like crazy.    POST IT!

Here is a list of "Music Partners" on Disclogic\'s site

http://www.disclogic.com/current-projects.jsp
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Mark

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Baja Bash 2004 is off the trading list.
« Reply #4 on: May 17, 2005, 08:53:29 am »
I saw your avatar on SNL last Saturday. Man that guy sure can beat a cowbell!
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GoldnRd

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Baja Bash 2004 is off the trading list.
« Reply #5 on: May 17, 2005, 08:58:00 am »
I got a fever...and the only prescription....is more cowbell!
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davepeck

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Baja Bash 2004 is off the trading list.
« Reply #6 on: May 17, 2005, 09:01:01 am »
in all fairness, as leith said, he doesn\'t know if there is an arrangement with the band or not. assuming there is, this is ok. if not, on the other hand, it\'s not.

let\'s base opinions on facts.
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GoldnRd

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Baja Bash 2004 is off the trading list.
« Reply #7 on: May 17, 2005, 10:41:30 am »
agreed, and as I reread his post, he states that he doesn\'t know if there is an agreement between the taper and the band.   Looking at disclogic\'s site, I would find it hard to believe that they would condone the sale of a recording without the band\'s consent thought I think he could have worded the post a bit better.   The taper does not own the rights..yada yada yada.

On the flip side, if TB is going with disclogic for live music downloads (which I don\'t think is a bad thing for folks that don\'t have high speed connections or want prettier cd covers) does that mean that any shows they put on it should be removed from circulation?   There are tons of live UM on that site, are all those shows not downloadable?  

Shouldn\'t this sort of announcement come from the band?
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davepeck

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Baja Bash 2004 is off the trading list.
« Reply #8 on: May 17, 2005, 10:46:27 am »
Quote from: GoldnRd
On the flip side, if TB is going with disclogic for live music downloads (which I don\'t think is a bad thing for folks that don\'t have high speed connections or want prettier cd covers) does that mean that any shows they put on it should be removed from circulation?   There are tons of live UM on that site, are all those shows not downloadable?  

Shouldn\'t this sort of announcement come from the band?


right now, the breakfast has 2 shows on disclogic. one of them happened to make it up to archive before the band decided to put it on disclogic, and they decided to leave it on archive. that said, the other show that is available on disclogic will not be available (as a matrix) on archive for quite some time.

all audience recordings of shows are fair game, whether that show appears on disclogic or not. the shows you will see on disclogic will be soundboard/matrix recordings.
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FrankZappa

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Baja Bash 2004 is off the trading list.
« Reply #9 on: May 17, 2005, 11:19:01 am »
just throwing out, I thought that phish\'s policy was that if and when they released a concert for sale, that you could no longer trade any \'taper\' versions of that show... I rember a post like that back around slip stich and pass... er, I think i do...
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davepeck

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Baja Bash 2004 is off the trading list.
« Reply #10 on: May 17, 2005, 11:51:16 am »
Quote from: FrankZappa
just throwing out, I thought that phish\'s policy was that if and when they released a concert for sale, that you could no longer trade any \'taper\' versions of that show... I rember a post like that back around slip stich and pass... er, I think i do...


i believe phish\'s policy specifically targeted internet trading, anything else being fair game.
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leith

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Baja Bash 2004 is off the trading list.
« Reply #11 on: May 17, 2005, 01:16:07 pm »
Quote from: davepeck
Quote from: FrankZappa
just throwing out, I thought that phish\'s policy was that if and when they released a concert for sale, that you could no longer trade any \'taper\' versions of that show... I rember a post like that back around slip stich and pass... er, I think i do...


i believe phish\'s policy specifically targeted internet trading, anything else being fair game.


The above quote abt Phish\'s policy is what seems to be the plan Dave Wright has in mind.
For everyone\'s information the set in question was ONLY taped by Dave Wright. It is the soundboard and only source for this show. THERE WERE NO AUDIENCE TAPERS AT ALL!

ANYONE that wants to flame me for passing on information go ahead but you\'d be an idiot for doing so.
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FrankZappa

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Baja Bash 2004 is off the trading list.
« Reply #12 on: May 17, 2005, 01:21:29 pm »
Quote
ANYONE that wants to flame me for passing on information go ahead but you\'d be an idiot for doing so.


nobodys flamming you leith, freddie hasn\'t even seen this thread yet. give him some time... :P
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kindm's

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Baja Bash 2004 is off the trading list.
« Reply #13 on: May 17, 2005, 01:36:34 pm »
Well not sure how this 1 plays out

If dave wright was the promotor for the festival and in the contracts laid out that as the venue operator and or promotor that they have all rights to use perfomances and etc he may have a claim but....

If he is just some guy who happened to be plugged in to the board for the shows and has decided to sell his recordings then he is a bootlegger plain and simple.
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leith

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Baja Bash 2004 is off the trading list.
« Reply #14 on: May 17, 2005, 02:10:29 pm »
Quote from: kindm\'s
Well not sure how this 1 plays out

If dave wright was the promotor for the festival and in the contracts laid out that as the venue operator and or promotor that they have all rights to use perfomances and etc he may have a claim but....

If he is just some guy who happened to be plugged in to the board for the shows and has decided to sell his recordings then he is a bootlegger plain and simple.


No bootlegger. Dave Wright was hired to record the ENTIRE festival. I am unsure of what any contract agreements were. As far as my own personal opinion. I think this is ridiculous. I feel if this was going to be done it should have happened uh last year?
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