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NG Music being stolen

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NickPerrin
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Response to NG Music being stolen Mar. 5th, 2011 @ 06:04 PM Reply

Oh my lord... have you guys read the extended bio on the right side of this page?
http://soundcloud.com/cetacea/comments

Apparently not only does she do EVERYTHING, she also studied at Juilliard AND has a PhD in Marine Mammology.

This girl is nothing but a bullshitter on every front....

She also doesn't understand that Ableton and Reason are on computers... Just read the bio and laugh it up.

sorohanro
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Response to NG Music being stolen Mar. 5th, 2011 @ 06:07 PM Reply

Joined the angry crowd with forks. There is a "Report copyright infringement" button in the right side, I suggest to use it ;)

NickPerrin
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Response to NG Music being stolen Mar. 5th, 2011 @ 06:13 PM Reply

At 3/5/11 06:07 PM, sorohanro wrote: Joined the angry crowd with forks. There is a "Report copyright infringement" button in the right side, I suggest to use it ;)

Everyone's been using those all day, including xKore himself. I think the tracks will be removed for sure, I also want to make sure that Cetacea herself gets some shit for doing what she's done (which in my mind is the UNFORGIVABLE SIN when it comes to being a musician).

sorohanro
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Response to NG Music being stolen Mar. 5th, 2011 @ 06:14 PM Reply

I suggest the song owners to go to "her" Facebook page and report copyright infringement.
http://www.facebook.com/pages/Cetacea-Mu sic/107788972634577?sk=app_178091127385
Left up corner, under photo:
Add to My Page's Favorites
Create a Page
Report Page - click this
Share

seargenthippo
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Response to NG Music being stolen Mar. 5th, 2011 @ 06:27 PM Reply

I still wonder how Xkore found this bitch...

Buoy
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Response to NG Music being stolen Mar. 5th, 2011 @ 06:28 PM Reply

love the smell of putrid hatred fresh from the internet.

Rampant
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Response to NG Music being stolen Mar. 5th, 2011 @ 06:30 PM Reply

It really is best to do this diplomatically. Unfortunately, "Creative Commons" does not hold up as an argument in court and, I'm sorry to say, once you've released something under Creative Commons law, you cannot then get a full copyright. So if she didn't comply, and didn't respond to a Cease & Desist letter, there's really nothing you can do. :\

/music law nerd

sorohanro
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Response to NG Music being stolen Mar. 5th, 2011 @ 06:43 PM Reply

She don't have to do, Soundcloud and Facebook will take down the accounts, but we have to find more songs that are stolen.

xKore
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Response to NG Music being stolen Mar. 5th, 2011 @ 06:58 PM Reply

At 3/5/11 06:27 PM, seargenthippo wrote: I still wonder how Xkore found this bitch...

from jonasjuans review on one of my songs

At 3/5/11 06:30 PM, RampantMusik wrote: It really is best to do this diplomatically. Unfortunately, "Creative Commons" does not hold up as an argument in court

Is that really the case? How come? I kind of thought the whole point of CC was that those terms would be able to be enforcable by law.

djInTheDark
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Response to NG Music being stolen Mar. 5th, 2011 @ 06:59 PM Reply

Not sure if anyone has gotten any replies yet but I think what will sadden me the most is if she makes up some bullshit excuse like "I forgot and/or didn't know I had to credit people" or "I didn't know that wasn't allowed" to cover her ass. If she even has a speck of self respect she'll at least be honest about it and inform everyone about what she did. Not sure if that's going to happen though, hope it does.


The Main Thing is to keep the Main, Thing the Main Thing.
Latest Song: Retraktion [House/Electro] / Latest Mix: Voltaicly Uncondensed

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Ekojo
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Response to NG Music being stolen Mar. 5th, 2011 @ 07:06 PM Reply

Looks like she's even on a record label now. This is just getting crazier by the minute. I hope Soundcloud realizes what's going on.


Always links to my most recent track :D

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Xyresic
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Response to NG Music being stolen Mar. 5th, 2011 @ 07:14 PM Reply

At 3/5/11 06:59 PM, djInTheDark wrote: Not sure if anyone has gotten any replies yet but I think what will sadden me the most is if she makes up some bullshit excuse like "I forgot and/or didn't know I had to credit people" or "I didn't know that wasn't allowed" to cover her ass. If she even has a speck of self respect she'll at least be honest about it and inform everyone about what she did. Not sure if that's going to happen though, hope it does.

I don't think that excuse will cover it in this situation. She has uploaded so much stolen stuff so many times that I don't think any person with an IQ higher than room temperature would believe her.


bork bork bork

Buoy
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Response to NG Music being stolen Mar. 5th, 2011 @ 07:19 PM Reply

At 3/5/11 06:30 PM, RampantMusik wrote: It really is best to do this diplomatically. Unfortunately, "Creative Commons" does not hold up as an argument in court and, I'm sorry to say, once you've released something under Creative Commons law, you cannot then get a full copyright. So if she didn't comply, and didn't respond to a Cease & Desist letter, there's really nothing you can do. :\

/music law nerd

Please, I want a proper source other than yourself if you claim a) that releasing something under a creative commons license completely obliterates your intellectual property and b) that the licenses themselves are completely useless and thus a fraud.

Methreee
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Response to NG Music being stolen Mar. 5th, 2011 @ 07:20 PM Reply

this makes me sad, the last thing I want to do is start taggin my stuff.

sorohanro
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Response to NG Music being stolen Mar. 5th, 2011 @ 07:28 PM Reply

At 3/5/11 07:06 PM, Ekojo wrote: Looks like she's even on a record label now. This is just getting crazier by the minute. I hope Soundcloud realizes what's going on.

I sent them an e-mail. I quote it:

"Hi
I was sadden to see a forum thread on Newgrounds where several artists found that their tracks were uploaded to Soundcloud without permission by another "artist" as her own tracks.
Further on, that "artist" seems to be signed to your record label. To avoid future problems, I think it would be wise to check.
For beginning see this forum thread with links to the original tracks, uploaded months before appeared on Soundcloud:
http://www.newgrounds.com/bbs/topic/1234 907

Also, to be sure, ask your artist "Cetacea" to provide you alternate mixes or project files of her tracks. I think she will not be able to.

Thank you for your time,
Best regards,
Mihai Sorohan"

Xyresic
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Response to NG Music being stolen Mar. 5th, 2011 @ 07:30 PM Reply

At 3/5/11 06:30 PM, RampantMusik wrote: It really is best to do this diplomatically. Unfortunately, "Creative Commons" does not hold up as an argument in court and, I'm sorry to say, once you've released something under Creative Commons law, you cannot then get a full copyright. So if she didn't comply, and didn't respond to a Cease & Desist letter, there's really nothing you can do. :\

/music law nerd

Yes, but Matt releases his work under a CC license that states attribution must be given. This stupid girl has given no attribution and is attempting to pass these off as her own.


bork bork bork

Rampant
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Response to NG Music being stolen Mar. 5th, 2011 @ 07:36 PM Reply

At 3/5/11 07:19 PM, SBB wrote: Please, I want a proper source other than yourself if you claim a) that releasing something under a creative commons license completely obliterates your intellectual property and b) that the licenses themselves are completely useless and thus a fraud.

No, it doesn't 'obliterate' your intellectual property. But by publishing under Creative Commons, you are legally waiving the exclusive rights you get under a full copyright.

Creative Commons licenses do what copyright law was actually intended to do in the first place -- releasing work so that the public could benefit from it.

I'm not saying Creative Commons is a useless license or that it's a fraud. It's allowing people to cover your song, create derivative works, and perform it in public without worrying about someone trying to sue them for everything they own. It's getting stuff into the public domain and allowing people to experience it without worrying if they're breaking copyright law.

But you're releasing music on the internet and FOR FREE, and you're doing so willingly, under a license that is not a copyright license and does not -- and cannot -- provide the benefits and protections that come with a real copyright license. So you should expect something like this to happen every once in a while.

But, hey, if you want to try and call me out on it, fine. The way I see it, you can wait until someone steals your music, you can try and sue them, and you can provide "Creative Commons" as your defense. You can then proceed to watch the case get thrown out by the court as the Copyright Office laughs at you, and then you can come back here, formally apologize, and then tell everyone, "Hey, Creative Commons isn't a real Copyright."

Xyresic
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Response to NG Music being stolen Mar. 5th, 2011 @ 07:36 PM Reply

Sorry to double post, but I did some digging around and found THIS on the subject of Creative Commons copyright infringement.

https://creativecommons.org/weblog/entry /8826

I quote: "The Court of Appeals for the Federal Circuit (CAFC), the leading IP court in the United States, has upheld a free copyright license, while explicitly pointing to the work of Creative Commons and others. The Court held that free licenses such as the CC licenses set conditions (rather than covenants) on the use of copyrighted work. As a result, licensors using public licenses are able to seek injunctive relief for alleged copyright infringement, rather than being limited to traditional contract remedies."


bork bork bork

dere-kotsu
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Response to NG Music being stolen Mar. 5th, 2011 @ 07:40 PM Reply

That is soo messed up. How dare she!?! I went to her facebook and reported her. She has no right to talk someone's art and make it her own!!


Check out my website and my facebook page. If you have twitter, then come and follow me @derekotsu

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Rampant
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Response to NG Music being stolen Mar. 5th, 2011 @ 07:44 PM Reply

At 3/5/11 07:36 PM, crapatflash wrote: The Court held that free licenses such as the CC licenses set conditions (rather than covenants) on the use of copyrighted work. As a result, licensors using public licenses are able to seek injunctive relief for alleged copyright infringement, rather than being limited to traditional contract remedies.

Even if the Ninth Circuit (I think?) court says that CC licenses are considered 'copyright,' that still doesn't help.

You see, on newgrounds, you're releasing under a CC license. But you still haven't actually registered on the Creative Commons website. And until you do that, you don't actually have any proof that you're the original creator.

Unless you can prove that you're the creator, then you have no case. And proving that you're the creator is rather difficult unless -- again -- you've actually registered with the copyright office.

DjCryogenetic
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Response to NG Music being stolen Mar. 5th, 2011 @ 07:45 PM Reply

What a bitch. I recognize almost ALL the tracks there. Many are from newgrounds, a few are from more popular artists.

This is pretty sad.


Check out my Favorite Track Current

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Xyresic
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Response to NG Music being stolen Mar. 5th, 2011 @ 07:48 PM Reply

At 3/5/11 07:44 PM, RampantMusik wrote: Even if the Ninth Circuit (I think?) court says that CC licenses are considered 'copyright,' that still doesn't help.

You see, on newgrounds, you're releasing under a CC license. But you still haven't actually registered on the Creative Commons website. And until you do that, you don't actually have any proof that you're the original creator.

Unless you can prove that you're the creator, then you have no case. And proving that you're the creator is rather difficult unless -- again -- you've actually registered with the copyright office.

I don't know what you're talking about... Why do you need to register on the website? Can you repeat that in laymans terms?


bork bork bork

sorohanro
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Response to NG Music being stolen Mar. 5th, 2011 @ 07:53 PM Reply

At 3/5/11 07:44 PM, RampantMusik wrote: Unless you can prove that you're the creator, then you have no case. And proving that you're the creator is rather difficult unless -- again -- you've actually registered with the copyright office.

That's actually easier to prove. The original author have the project files, all the tracks separately, all the midi files with all the settings to sound exactly like the track that's under debate.
The only problem appears when you deal with really good musicians that can "ear out" a track and copy all the sounds/ settings to cover it 100%. But on another hand, those good musicians would create something original, not steal :D

Buoy
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Response to NG Music being stolen Mar. 5th, 2011 @ 08:12 PM Reply

At 3/5/11 07:36 PM, RampantMusik wrote: But, hey, if you want to try and call me out on it, fine. The way I see it, you can wait until someone steals your music, you can try and sue them, and you can provide "Creative Commons" as your defense. You can then proceed to watch the case get thrown out by the court as the Copyright Office laughs at you, and then you can come back here, formally apologize, and then tell everyone, "Hey, Creative Commons isn't a real Copyright."

Of course I'm not going to do that. Which is why I asked you to provide a proper source, other than yourself, which explains that this is what will happen if one tries to use the CC license as a defense.

Anyway since you apparently changed your opinion to "The licenses are enforcable but only if you register on the creative commons website" in the following post, I don't know or care anymore.

DjCryogenetic
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Response to NG Music being stolen Mar. 5th, 2011 @ 08:28 PM Reply

Ok, so she's also stolen

http://www.newgrounds.com/audio/listen/3 60804 By
Jonathan Doemel (mr-jazzman). (This is that Titanomachina remix he did.)

Her version is exactly the same.


Check out my Favorite Track Current

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Gario
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Response to NG Music being stolen Mar. 5th, 2011 @ 08:38 PM Reply

Soundcloud is one thing (e-penis... er, e-vagina isn't that big of a deal), but getting a record deal off of it? Shit, now it's getting serious - especially since she'll need to steal more music and possibly file copyrights for the music to keep the deal going.

If she hasn't done this to xkore and the other artists already (it can happen - original files and postmarks alone are not enough to prove ownership), I'd fork over the 35$ or so to get the copyright on US records, then pursue this woman. She's going to need the copyrights to the tracks if she's going to get her own record deal, so don't dick around with this. You can lose your rights to your own IP, if you're not careful. Getting your copyrights recorded in the US Copyright office with a small fee is easily worth saving your IP, there.

Not sure if you can retroactively attack her for copyright infringement, but this will help stop her from causing more damage to your stuff. It also looks better when presented to the record company when it's on file, I'm sure.


Need some music for a flash or game? Check it out. If none of this works send me a PM, I'm taking requests.

Garden-Stater
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Response to NG Music being stolen Mar. 5th, 2011 @ 08:44 PM Reply

For the artists whose music was stolen, she also features 26 songs through an app on her facebook page.

Cetacea's Facebook Profile

The app is called BandPage by RootMusic
This is RootMusic's Copyright page:
http://www.rootmusic.com/copyrights

Quite a few songs from xKore and perhaps other NG artists as well.

maaaaxxx
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Response to NG Music being stolen Mar. 5th, 2011 @ 08:45 PM Reply

Hey folks,

I've tossed this on Reddit to see if we can stir a bit more up out of this. If you have an account, upvote it or toss any more details you can into it!

I'm not a Newgrounds contributer, but I do come here occaisonally and have worked with LogicalDefiance to get his website up and running. As a freelance web developer, I feel your pain when work is stolen. Let's take this stealer out!

http://www.reddit.com/r/reddit.com/comme nts/fy6kq/help_someone_is_stealing_music _from_newgrounds_if/

loansindi
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Response to NG Music being stolen Mar. 5th, 2011 @ 08:49 PM Reply

At 3/5/11 07:44 PM, RampantMusik wrote: You see, on newgrounds, you're releasing under a CC license. But you still haven't actually registered on the Creative Commons website. And until you do that, you don't actually have any proof that you're the original creator.

Registration is not required to make a copyright valid.

Gunner-D
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Response to NG Music being stolen Mar. 5th, 2011 @ 09:04 PM Reply

Portal Security - Better tagging or more restricted downloading?