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Shady Proposition

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Zafrece
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Shady Proposition Jan. 21st, 2013 @ 02:44 PM Reply

I recently received this pm and figured i should blow the lid off of this before people fall prey. The first paragraph is the user agreement i read through and nabed this part out of. The second paragraph is the copy pasta that i assume is being sent like aids in Africa to every ones pm box.( pardon me if im some how breaking forum rules, i just figured id share this in hopes i can save some people from being idiots)

7. Proprietary Rights. All Website content, including User content, is protected under international law and is owned by FM, its licensors, or the party accredited as the provider. Unless expressly authorized, and with the exception of a UserâEUTMs own User Content, User agrees not to sell, license, modify, distribute, reproduce, publicly display or perform, publish, or create derivative works from content available on the Website.

Hello Zafrece,
I am contacting you in regards to a partnership that I think would benefit us both. My name is Ron and I am from FreeingMusic. FreeingMusic is dedicated to helping artists share, promote, and receive compensation for their music. It is a website that offers a larger share of ad revenues for your music. Your music is free for the public to download. We compensate you for each of these downloads with all the ad revenue.Moreover, there is a contest with $1000s in prizes. Our contest is run by the listeners, if you get the most votes you win $1000. There are also second and third place prizes and this contest runs non stop, year roundOnce one ends the next begins. Plus you get compensated for all the downloads you recieve during the contestIf you have any questions feel free to ask me here :)
For more information visit: xxxxxxxxx
Sign up at: xxxxxxxxx

Buoy
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Response to Shady Proposition Jan. 21st, 2013 @ 03:01 PM Reply

And anyway why would anyone want to use a site whose creator has to send personal messages to people who are not only strangers but also members of a competing site? It's not going to become anything.

Certainly not in the age of Facebook and Youtube anyway

aka SBB! I'm not on Newgrounds anymore, but you can find me here:
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Zafrece
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Response to Shady Proposition Jan. 21st, 2013 @ 04:28 PM Reply

At 1/21/13 03:01 PM, Buoy wrote: And anyway why would anyone want to use a site whose creator has to send personal messages to people who are not only strangers but also members of a competing site? It's not going to become anything.
Certainly not in the age of Facebook and Youtube anyway

Sadly it's pretty large, allot of people have signed over their songs and rights to them with out knowing.

ZipZipper
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Response to Shady Proposition Jan. 21st, 2013 @ 07:11 PM Reply

Yep...I just got that exact one. Thanks for the heads-up!


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stunkel
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Response to Shady Proposition Jan. 21st, 2013 @ 07:12 PM Reply

Wow... I saw this but it looked kinda sketchy... I'm really glad I didn't sign up!


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Troisnyx
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Response to Shady Proposition Jan. 21st, 2013 @ 07:18 PM Reply

At 1/21/13 07:12 PM, stunkel wrote: Wow... I saw this but it looked kinda sketchy... I'm really glad I didn't sign up!

As am I. I wasn't too sure about the "benefiting us both" part -- but TBH, you don't need to be a solicitor to know that something's amiss when you see that phrase right off the bat.


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Bafana
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Response to Shady Proposition Jan. 21st, 2013 @ 07:24 PM Reply

Had a look, a few familiar names already over there.

Good luck to them.


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Response to Shady Proposition Jan. 21st, 2013 @ 08:50 PM Reply

Ew! Luckily I'm not yet known enough to get stuff like this.

Honestly you REALLY have to be careful in the music industry. Contracting is absolutely killer and there are a lot of snake pits out there.

ZStriefel
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Response to Shady Proposition Jan. 21st, 2013 @ 10:13 PM Reply

Did anyone NOT get this PM? lmao

BrokenDeck
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Response to Shady Proposition Jan. 21st, 2013 @ 11:04 PM Reply

At 1/21/13 10:13 PM, ZStriefel wrote: Did anyone NOT get this PM? lmao

I didn't, AFAIK, but then again, I have a pretty large block list :P

or maybe I'm just not popular lol
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Response to Shady Proposition Jan. 21st, 2013 @ 11:42 PM Reply

Yeah, I got the exact same PM a few hours ago.

I was skeptic the moment I'd seen it.

Good to know that the PM's a scam. Thanks for saving my ass!


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Zafrece
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Response to Shady Proposition Jan. 22nd, 2013 @ 02:51 AM Reply

At 1/21/13 11:42 PM, Chrausner wrote: Yeah, I got the exact same PM a few hours ago.

I was skeptic the moment I'd seen it.

Good to know that the PM's a scam. Thanks for saving my ass!

Always read the contract agreements, especially when it comes to your music. This is one of several things like this i have received in the last few months. People are all too willing to sign over their works at the promise of a little cash. Just keep your eyes open. I hope this can be addressed in the future. I feel something needs to be done about this if it is indeed as wide spread as it would seem.

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Response to Shady Proposition Jan. 22nd, 2013 @ 12:47 PM Reply

At 1/22/13 12:33 PM, FreeingMusic wrote: Dear reader,

yap yap blah blah dribble dribble dribble

Well now...that's kinda awkward that you had to explain that, especially with your spam-looking message. Desperate?


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Troisnyx
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Response to Shady Proposition Jan. 22nd, 2013 @ 01:13 PM Reply

At 1/22/13 12:47 PM, ZipZipper wrote:
At 1/22/13 12:33 PM, FreeingMusic wrote: Dear reader,

yap yap blah blah dribble dribble dribble
Well now...that's kinda awkward that you had to explain that, especially with your spam-looking message. Desperate?

FreeingMusic,

As a law student, I don't even need to be in the best law firm to tell that the agreement was clearly drafted for music to be held as property of the site, rather than of the user. While naturally the provision would completely discourage you from putting covers up, it does so because of the DMCA claims that covers would incur. What would truly be freeing is if musicians actually have the rights to the works they upload, which isn't even going to be realistic in this case, because should anything happen, they would not get redress to their claims -- and any compensation would go to the site rather than the user because the music is property of the site.

Believe me, I did Intellectual Property Law in Year 3 LLB. I may be in England and Wales but it doesn't take a smart aleck to see through these loopholes and even the drafting. There's a principle we rely on known as caveat emptor (let the buyer beware), and it's our right to enforce this. And enforce it we will!


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ZStriefel
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Response to Shady Proposition Jan. 22nd, 2013 @ 01:51 PM Reply

Lol I mean.. Did you guys check out the website? Looks like a freaking freewebs template lol. They don't even have a decent player for the music.

Any music website that comes TO YOU to ask you to submit content, probably isn't worth your time.

Back-From-Purgatory
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Response to Shady Proposition Jan. 22nd, 2013 @ 03:06 PM Reply

At 1/22/13 02:12 PM, FreeingMusic wrote: After hearing your opinions we have worked with our lawyers to rewrite the terms of use so that they clearly reflect who the content owner is. I hope this helps appease the argument and clarifies that the artist owns all the rights to his music.
I have emphasized the parts that have been modified to reflect this.

"Proprietary Rights. All Website content, including User content, is protected under international law and is owned by the original Content owner/creator/artist. The copyright to all such Content remains with its original owner. Unless expressly authorized, and with the exception of a UserâEUTMs own User Content, User agrees not to sell, license, modify, distribute, reproduce, publicly display or perform, publish, or create derivative works from content available on the Website."

There's a lot of contradicting going on in there... one moment you say we still own it... the next you're saying we're not allowed to do anything with out own music.

This is clearly a scam.


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RRStudios
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Response to Shady Proposition Jan. 22nd, 2013 @ 03:38 PM Reply

At 1/22/13 03:06 PM, Back-From-Purgatory wrote: There's a lot of contradicting going on in there... one moment you say we still own it... the next you're saying we're not allowed to do anything with out own music.

This is clearly a scam.

I've been working in a law office for awhile now, and whether or not this is a scam or not is unclear to me, but I will say that you're down-right wrong about the contradicting. I feel as if y'all are giving this spammer a hard time, or just ignorant to legal contexts. It clearly and openly states that:

"All the music on here, is owned by the person who created it, and unless the owner grants you permission, you cannot sell his music."

Maybe I'm wrong, maybe I'm the ignorant one, I don't know. Just from where I'm standing, seems pretty clear-cut to me.

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Response to Shady Proposition Jan. 22nd, 2013 @ 03:45 PM Reply

At 1/22/13 03:06 PM, Back-From-Purgatory wrote:
"Proprietary Rights. All Website content, including User content, is protected under international law and is owned by the original Content owner/creator/artist. The copyright to all such Content remains with its original owner. Unless expressly authorized, and with the exception of a UserÃf¢EUTMs own User Content, User agrees not to sell, license, modify, distribute, reproduce, publicly display or perform, publish, or create derivative works from content available on the Website."

Sorry for the double post, let me correct myself, it simply says:

"Proprietary Rights. All music, including music posted by the user, is protected under international law and is owned by the person who uploaded it/created it. The copyright to the song is owned by the owner of the song. Unless given permission, AND WITH EXCEPTION TO THE ACTUAL OWNER OF THE SONG, you agree to not sell, license, modify, distribute, reproduce, publicly display or perform, publish, or create music that you got from this website that isn't yours."

I hope this can clear some things up. Although I don't even have a profile with FreeingMusic.

Back-From-Purgatory
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Response to Shady Proposition Jan. 22nd, 2013 @ 03:49 PM Reply

At 1/22/13 03:45 PM, mjohnson00 wrote: I hope this can clear some things up. Although I don't even have a profile with FreeingMusic.

My issue isn't with the wording, it's that the entire thing is shady... not to mention we don't take kindly to people creating accounts just to spam ads for another site.


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Response to Shady Proposition Jan. 22nd, 2013 @ 04:10 PM Reply

At 1/22/13 03:49 PM, Back-From-Purgatory wrote: My issue isn't with the wording, it's that the entire thing is shady... not to mention we don't take kindly to people creating accounts just to spam ads for another site.

Ok, then we've just had a misunderstanding. I understand exactly why you would have a problem with people creating accounts to spam ads for a competing website, it is very shady indeed. I was just under the interpretation that everybody was confused by the Terms and Agreement when it seemed simple enough to me.

shieldurhope
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Response to Shady Proposition Jan. 22nd, 2013 @ 04:17 PM Reply

I actually feel kinda important after receiving a similar request. But I cannot accept without overstepping the most important rule in the music business: Don't trust people in the music business.

Troisnyx
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Response to Shady Proposition Jan. 22nd, 2013 @ 04:34 PM Reply

At 1/22/13 04:10 PM, mjohnson00 wrote:
At 1/22/13 03:49 PM, Back-From-Purgatory wrote: My issue isn't with the wording, it's that the entire thing is shady... not to mention we don't take kindly to people creating accounts just to spam ads for another site.
Ok, then we've just had a misunderstanding. I understand exactly why you would have a problem with people creating accounts to spam ads for a competing website, it is very shady indeed. I was just under the interpretation that everybody was confused by the Terms and Agreement when it seemed simple enough to me.

mjohnson, they changed the Terms and Agreement on this forum post, but I want you to go and check whether they did the same for their Terms and Conditions on their site. Zafrece essentially posted on here what I saw were FreeingMusic's T&Cs, and those were the grounds as to why the proposition was indeed shady.


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Response to Shady Proposition Jan. 22nd, 2013 @ 05:02 PM Reply

Report the person doing it, so the mods can handle it in the appropriate manner.


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Response to Shady Proposition Jan. 22nd, 2013 @ 05:10 PM Reply

At 1/22/13 05:02 PM, Chemich wrote: Report the person doing it, so the mods can handle it in the appropriate manner.

That's the whole point: I've just been to his profile and there's no flag/report button. So the forums are pretty much our only avenue for doing this...


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Response to Shady Proposition Jan. 22nd, 2013 @ 05:12 PM Reply

At 1/22/13 05:10 PM, TroisNyxEtienne wrote:
At 1/22/13 05:02 PM, Chemich wrote: Report the person doing it, so the mods can handle it in the appropriate manner.
That's the whole point: I've just been to his profile and there's no flag/report button. So the forums are pretty much our only avenue for doing this...

I like how Newgrounds has been through numerous amounts of redesigns and they don't even have half of the basics down pat. Mot insulting any of the designers. but come on people! Taking minor ideas from other site's isn't a sin you know?


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Troisnyx
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Response to Shady Proposition Jan. 22nd, 2013 @ 05:27 PM Reply

At 1/22/13 05:12 PM, Chemich wrote:
At 1/22/13 05:10 PM, TroisNyxEtienne wrote:
At 1/22/13 05:02 PM, Chemich wrote: Report the person doing it, so the mods can handle it in the appropriate manner.
That's the whole point: I've just been to his profile and there's no flag/report button. So the forums are pretty much our only avenue for doing this...
I like how Newgrounds has been through numerous amounts of redesigns and they don't even have half of the basics down pat. Mot insulting any of the designers. but come on people! Taking minor ideas from other site's isn't a sin you know?

Um, they've been through only one overhaul and several tweaks. It's not numerous redesigns, but at any rate, a flag/report button is appreciated.

Anyhow, I trust your better judgment, mods.


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Response to Shady Proposition Jan. 22nd, 2013 @ 05:44 PM Reply

I find it odd how he said the terms of agreements were changed and lawyers were already consulted in less than 24 hours. Also yes, a report button would be nice. I'm pretty sure mods will look into this is they feel it's a problem however.

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Response to Shady Proposition Jan. 22nd, 2013 @ 05:53 PM Reply

At 1/22/13 05:44 PM, Zafrece wrote: I find it odd how he said the terms of agreements were changed and lawyers were already consulted in less than 24 hours. Also yes, a report button would be nice. I'm pretty sure mods will look into this is they feel it's a problem however.

Not sure if they were frightened by Miss Legal Practice Course, but I've taken a look at the site and they changed the T&Cs. Still: rivalling sites, spammy inbox messages. I'll decline to comment further...


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Response to Shady Proposition Jan. 22nd, 2013 @ 09:08 PM Reply

At 1/22/13 05:53 PM, TroisNyxEtienne wrote:
At 1/22/13 05:44 PM, Zafrece wrote: I find it odd how he said the terms of agreements were changed and lawyers were already consulted in less than 24 hours. Also yes, a report button would be nice. I'm pretty sure mods will look into this is they feel it's a problem however.
Not sure if they were frightened by Miss Legal Practice Course, but I've taken a look at the site and they changed the T&Cs. Still: rivalling sites, spammy inbox messages. I'll decline to comment further...

I blindly signed up, but luckily the site was really buggy so when I tried to upload a song it wouldn't let me.

Woops, that was close.

Though I did PM them asking what the deal was with posting music there versus other places and I got a response stating that you can post your music wherever you want if you post it there, but then again that's not exactly a legally binding contract.


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Wat

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Response to Shady Proposition Jan. 22nd, 2013 @ 09:24 PM Reply

Account deleted.

There are no lawyers. It's one or two guys trying to get some stupid music site started without paying any money out of their own pocket. You see this pile of crap all the time. Enough said.


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