09.13
DGM HQ.
The street I…
II...
III...
IV...
A scraping noise of the snow-removal kind began at 08.28 followed by a local accent of the landlordly kind coming through the wall at 08.33.
DGM Parking…
DGM Park…
Mr. Stormy called in at 08.45 with a snow-digging report for his street. He will arrive, later, eventually.
The snow is melting, dripping loudly from thatch & bushes onto the street. The Chalke Valley For All Transportation Equipage squelched by at 09.05, returning to active service along the valley after a few days de-activated…
09.54 David is in, BenH has just arrived. Mr. Stormy has not.
14.08 Mr. Stormy arrived around eleven.
For me, a morning of e-fury, including continuing developments with the dispute over copyright violation by Sanctuary Universal. From my e-letter to Napster in the US...
dear ms. Napster Representative,
thank you for your e-mail to declan colgan of panegyric. you write...
Please understand that we license content from thousands of licensors worldwide and rely on their contractual commitments to us.
this i appreciate. however, every instance of KC material made available for download has been unauthorised by myself. that is, the major rights violations i have suffered as owner / controller of King Crimson copyrights has been, not by pirates per se, but by two of the world's major music corporations - EMI & UMG. this is especially a concern given that, in the licensing contracts, download rights have been explicitly withheld.
our concerns with UMG have been blocked for 15 months by a second tier lawyer. we are now, as of tuesday 3rd. february, in contact with a more senior person within their london office. happily, this person is researching the situation to discover how their systems failed to act; and i am hopeful that we will soon be moving towards an honourable settlement, once the researches have yielded the information necessary to inform a settlement. (we received no accounting at all for any of the downloads improperly authorised by UMG).
nevertheless, since 1991 i have been in pretty much constant dispute with Virgin / EMI, BMG / UMG, Sanctuary UMG as well as a few smaller players, involving 6.5 years of litigation; with a number of large settlements only concluded once it became obvious that i was (regrettably) prepared to move to action at law. that is, i am pacific, but not a pacifist. i act hopefully & with goodwill, while regularly dealing with industry apparatchniks who rarely extend much goodwill, transparency, straightforwardness, accountability, owning-up & distributive justice towards myself.
the advice given me by my US attorney is that, if a settlement fails, to take action in the US against all companies (i-Tunes, Rhapsody, Three Mobile et al) who have made downloads available, and of which Napster is only one. at that point, the action becomes industry-wide & a test case for the current/emerging model of digital musical provision.
the following is from the Sanctuary UMG lawyer with whom we were able to make no progress... our main concern is normally to ensure that these tracks are exploited - generally we are not looking to PREVENT exploitation. i find the implications of this quite alarming. this statement seems, where as in this case rights are not clearly established, to be passively-supportive of piracy. although i have no doubt that you acquired these "stolen goods" as an innocent party from UMG, nevertheless you sold "stolen goods". so, i hold you accountable; and now, you are informed as to the position & actual rights holder.
may i assume that your own relationship with UMG has an indemnity clause, to protect your position in a situation such as this one?
14.23 What is our pal dear old Mr. Stormy doing, visiting the Chamber of Venality? I...
II…
Alex is checking titles for the upcoming-downloading of Soundscapes – Blisteringly Live In Nagoya (November 2007) in support of Porcupine Tree. Listening to them after some time, I found them deeply reflective.
16.11 Preparing for the visit in two weeks of Hernan & Martin from Germany. GC files are being put into storage boxes for tranting to Kiel I…
II…
III…
... the above a setlist for RF & The LCG touring in 1990.
Mr. Stormy & Ben H. has been continuing to labour at The Vicar’s behest, in DGM SoundWorld II I…
II…
18.22 Working with David to bring my publishing catalogue up to speed for the revamped BMG: BMG – UMG. View from the office window, across to Reddish Cottages, the former site of the DGM office…
17.43 A call from Jeff Fayman, continuing our discussion on making-available the orchestral Schizoid Man with Maynard Keenan on superb vocals.
19.58 A call from the Minx in Bredonborough where she has been filming with a leading psychic for a tv programme. T reports the psychic was very perceptive, and related a few of her own recent experiences at home that she had not recounted to me. The filming continues tomorrow.
David has just gone home I…
II…
Current listening: G3 Soundscapes from Mexico City on 30th. November, 2004.
It waits…
DGM HQ.
The street I…
II...
III...
IV...
A scraping noise of the snow-removal kind began at 08.28 followed by a local accent of the landlordly kind coming through the wall at 08.33.
DGM Parking…
DGM Park…
Mr. Stormy called in at 08.45 with a snow-digging report for his street. He will arrive, later, eventually.
The snow is melting, dripping loudly from thatch & bushes onto the street. The Chalke Valley For All Transportation Equipage squelched by at 09.05, returning to active service along the valley after a few days de-activated…
09.54 David is in, BenH has just arrived. Mr. Stormy has not.
14.08 Mr. Stormy arrived around eleven.
For me, a morning of e-fury, including continuing developments with the dispute over copyright violation by Sanctuary Universal. From my e-letter to Napster in the US...
dear ms. Napster Representative,
thank you for your e-mail to declan colgan of panegyric. you write...
Please understand that we license content from thousands of licensors worldwide and rely on their contractual commitments to us.
this i appreciate. however, every instance of KC material made available for download has been unauthorised by myself. that is, the major rights violations i have suffered as owner / controller of King Crimson copyrights has been, not by pirates per se, but by two of the world's major music corporations - EMI & UMG. this is especially a concern given that, in the licensing contracts, download rights have been explicitly withheld.
our concerns with UMG have been blocked for 15 months by a second tier lawyer. we are now, as of tuesday 3rd. february, in contact with a more senior person within their london office. happily, this person is researching the situation to discover how their systems failed to act; and i am hopeful that we will soon be moving towards an honourable settlement, once the researches have yielded the information necessary to inform a settlement. (we received no accounting at all for any of the downloads improperly authorised by UMG).
nevertheless, since 1991 i have been in pretty much constant dispute with Virgin / EMI, BMG / UMG, Sanctuary UMG as well as a few smaller players, involving 6.5 years of litigation; with a number of large settlements only concluded once it became obvious that i was (regrettably) prepared to move to action at law. that is, i am pacific, but not a pacifist. i act hopefully & with goodwill, while regularly dealing with industry apparatchniks who rarely extend much goodwill, transparency, straightforwardness, accountability, owning-up & distributive justice towards myself.
the advice given me by my US attorney is that, if a settlement fails, to take action in the US against all companies (i-Tunes, Rhapsody, Three Mobile et al) who have made downloads available, and of which Napster is only one. at that point, the action becomes industry-wide & a test case for the current/emerging model of digital musical provision.
the following is from the Sanctuary UMG lawyer with whom we were able to make no progress... our main concern is normally to ensure that these tracks are exploited - generally we are not looking to PREVENT exploitation. i find the implications of this quite alarming. this statement seems, where as in this case rights are not clearly established, to be passively-supportive of piracy. although i have no doubt that you acquired these "stolen goods" as an innocent party from UMG, nevertheless you sold "stolen goods". so, i hold you accountable; and now, you are informed as to the position & actual rights holder.
may i assume that your own relationship with UMG has an indemnity clause, to protect your position in a situation such as this one?
14.23 What is our pal dear old Mr. Stormy doing, visiting the Chamber of Venality? I...
II…
Alex is checking titles for the upcoming-downloading of Soundscapes – Blisteringly Live In Nagoya (November 2007) in support of Porcupine Tree. Listening to them after some time, I found them deeply reflective.
16.11 Preparing for the visit in two weeks of Hernan & Martin from Germany. GC files are being put into storage boxes for tranting to Kiel I…
II…
III…
... the above a setlist for RF & The LCG touring in 1990.
Mr. Stormy & Ben H. has been continuing to labour at The Vicar’s behest, in DGM SoundWorld II I…
II…
18.22 Working with David to bring my publishing catalogue up to speed for the revamped BMG: BMG – UMG. View from the office window, across to Reddish Cottages, the former site of the DGM office…
17.43 A call from Jeff Fayman, continuing our discussion on making-available the orchestral Schizoid Man with Maynard Keenan on superb vocals.
19.58 A call from the Minx in Bredonborough where she has been filming with a leading psychic for a tv programme. T reports the psychic was very perceptive, and related a few of her own recent experiences at home that she had not recounted to me. The filming continues tomorrow.
David has just gone home I…
II…
Current listening: G3 Soundscapes from Mexico City on 30th. November, 2004.
It waits…
