Monkey Wrench & Self-Pollution Radio - illegal auctions?
monkeewrench
Posts: 946
Please correct me - are the auctions linked below for the Monkey Wrench & Self-Pollution radio broadcasts legal?
Monkey Wrench: http://cgi.ebay.com/RARE-Pearl-Jam-Monk ... 20b734c639
Self-Pollution: http://cgi.ebay.com/RARE-Pearl-Jam-Self ... 20b734a379
(shame on me) I got suckered into buying the Monkey Wrench radio auction thinking it was a CD set produced by the radio station referenced in the description.
Once I received the set, I learned what is being sold is a set of CD-R's made by the seller from her supposed recording of the braodcast. When I requested a full refund and suggested to her that this auction wasn't exactly legal, I got a (partial) refund, and she went on to say that "because this was broadcast on the radio there are no copyright issues", thus she can sell these. She also updated the descriptions (a little), but they're still misleading if you ask me.
I completely disagree with her opinion of the copyright thing, and think what she's doing is bootlegging. Just looking for other thoughts on this - and if you're bidding on any of this person's auctions I'd retract the bid.
Monkey Wrench: http://cgi.ebay.com/RARE-Pearl-Jam-Monk ... 20b734c639
Self-Pollution: http://cgi.ebay.com/RARE-Pearl-Jam-Self ... 20b734a379
(shame on me) I got suckered into buying the Monkey Wrench radio auction thinking it was a CD set produced by the radio station referenced in the description.
Once I received the set, I learned what is being sold is a set of CD-R's made by the seller from her supposed recording of the braodcast. When I requested a full refund and suggested to her that this auction wasn't exactly legal, I got a (partial) refund, and she went on to say that "because this was broadcast on the radio there are no copyright issues", thus she can sell these. She also updated the descriptions (a little), but they're still misleading if you ask me.
I completely disagree with her opinion of the copyright thing, and think what she's doing is bootlegging. Just looking for other thoughts on this - and if you're bidding on any of this person's auctions I'd retract the bid.
Post edited by Unknown User on
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Comments
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*NYC 9/28/96 *NYC 9/29/96 *NJ 9/8/98 (front row "may i play drums with you")
*MSG 9/10/98 (backstage) *MSG 9/11/98 (backstage)
*Jones Beach 8/23/00 *Jones Beach 8/24/00 *Jones Beach 8/25/00
*Mansfield 8/29/00 *Mansfield 8/30/00 *Nassau 4/30/03 *Nissan VA 7/1/03
*Borgata 10/1/05 *Camden 5/27/06 *Camden 5/28/06 *DC 5/30/06
*VA Beach 6/17/08 *DC 6/22/08 *MSG 6/24/08 (backstage) *MSG 6/25/08
*EV DC 8/17/08 *EV Baltimore 6/15/09 *Philly 10/31/09
*Bristow VA 5/13/10 *MSG 5/20/10 *MSG 5/21/10
I am not an expert in copyright law but these auctions seem bogus.
she doesn't have the express written (or implied verbal ) consent of Major League Baseball!
The fact that something was broadcast for free doesn't make it public domain.
"My roommate's a lawyer and I showed him my listing last night and he said it's pretty clear that these are not official and assumed that it would come on a CDR because of that. The listing now has the amendment indicating they are on CDR's"
That guys going to make one helluva lawyer, don't you think?
As if pointing out these are on recordable media (cough...bootlegs...cough) makes it ok to sell copyrighted material!
She also feels that my asking for a full refund is HARRASSMENT. How precious.
Write back and say "It's a good thing that your 'roommate's a lawyer' because you will need his services, as you are submitting the auction link to PJ's management".
*NYC 9/28/96 *NYC 9/29/96 *NJ 9/8/98 (front row "may i play drums with you")
*MSG 9/10/98 (backstage) *MSG 9/11/98 (backstage)
*Jones Beach 8/23/00 *Jones Beach 8/24/00 *Jones Beach 8/25/00
*Mansfield 8/29/00 *Mansfield 8/30/00 *Nassau 4/30/03 *Nissan VA 7/1/03
*Borgata 10/1/05 *Camden 5/27/06 *Camden 5/28/06 *DC 5/30/06
*VA Beach 6/17/08 *DC 6/22/08 *MSG 6/24/08 (backstage) *MSG 6/25/08
*EV DC 8/17/08 *EV Baltimore 6/15/09 *Philly 10/31/09
*Bristow VA 5/13/10 *MSG 5/20/10 *MSG 5/21/10
Not copyright infringement. Says so right in the auction
"the show was broadcast live over the airwaves for everyone to listen to and/or record, so there is no copyright infringement."
Oh, pardon me for not recognizing her copyright laws......it supercedes U.S. law!
Yeah, and here's the type of crap their almost $40 will get them. It's looking like ebay finally shut down these auctions.
<img src="http://i740.photobucket.com/albums/xx46/tremors25/thrillafixterorange.gif" align="left">
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<img src="http://i740.photobucket.com/albums/xx46/tremors25/thefixerthrilla1.gif" align="left">
I'm amazed by the POSITIVE feedback she received from those who bought and were happy with her homemade CD-R's. I'd love to tell them I could have given these shows to them for free.
BTW - shouldn't there be 5 fixers spinning in your signature? When are you gonna add a light blue one?
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