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Apparently some company in Calfornia associated with A-train entertainment has trademarked the words 'real music' and is threatening my webhost with dire legal sanctions unless realmusicmedia.com and realmusicmedia.net are taken down.
I have no idea how someone can have a trademark so broad that any and all domain names with the words 'real' and 'music' in them instantly become infringing, but lawyers appear to have special powers that scare small business owners like my webhosts. Please understand that none of this is my decision. The complaint was made to my webhosts, and the decision was theirs. Also, please understand that this has nothing to do with copyright, or with the content of the samples and their mappings. This is simply about the domain name. I am sorry that this all has to end like this, but I have no desire to move all of the content at realmusicmedia to a new host. My suggestion is that people download everything that they can ASAP. Any people who want to host the sample content/sfz mappings someplace else are welcome to do so. ----  |
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| ^ | Joined: 08 Dec 2004 Member: #50907 Location: Directly above the center of the earth | ||
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herodotus wrote: Apparently some company in Calfornia associated with A-train entertainment has trademarked the words 'real music' and is threatening my webhost with dire legal sanctions unless realmusicmedia.com and realmusicmedia.net are taken down.
I have no idea how someone can have a trademark so broad that any and all domain names with the words 'real' and 'music' in them instantly become infringing, but lawyers appear to have special powers that scare small business owners like my webhosts. Please understand that none of this is my decision. The complaint was made to my webhosts, and the decision was theirs. Also, please understand that this has nothing to do with copyright, or with the content of the samples and their mappings. This is simply about the domain name. I am sorry that this all has to end like this, but I have no desire to move all of the content at realmusicmedia to a new host. My suggestion is that people download everything that they can ASAP. Any people who want to host the sample content/sfz mappings someplace else are welcome to do so. Sorry to hear this. My immediate thought is that your hosting company are a bunch of c**ts for giving in to this kind of shite. ---- To laymen, software development is something akin to wizardry. Neither time, nor effort are involved. If software is missing features they want, or has bugs, it is solely because someone has been too lazy to wave their magic wand. |
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| ^ | Joined: 03 Sep 2001 Member: #1041 | ||
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The US law is (naturally) ass backwards... or upside down... or ass-side downwards.... http://user.xmission.com/~kirton/images/News_articles/bright builder.pdf
Seriously... 
I wonder who else can be held liable in a trademark infringement suit? Maybe the ISP that owned the servers that the webhost company used? Maybe the electric company who supplied the electricity to the ISP or, for that matter, to the company/person who infringed? Maybe Fedex and UPS and DHL for shipping ripoff merchandise? The possibilities are endless... just need more lawyers to stick their bony little fingers in that pie to find out how deep it is... ---- You need to limit that rez, bro. |
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| ^ | Joined: 12 Sep 2004 Member: #40510 | ||
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xxx ---- The invisible and the non-existent look very much alike. Last edited by Aloysius on Mon Nov 12, 2012 1:30 am; edited 1 time in total |
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| ^ | Joined: 11 Aug 2008 Member: #186852 Location: Dark Side of the Moonies | ||
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whyterabbyt wrote: Sorry to hear this. My immediate thought is that your hosting company are a bunch of c**ts for giving in to this kind of shite. I have trouble being particularly judgmental in this highly litigious and economically uncertain world. That being said, I should state categorically that the complaining parties would have gotten quite a different response if they had contacted me instead of my hosting company. I would like to do something to keep the OSkit community alive at least. Does anyone have any ideas for a domain name that won't result in litigation? ---- |
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| ^ | Joined: 08 Dec 2004 Member: #50907 Location: Directly above the center of the earth | ||
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Reminds me of a tale from a few years ago :
There was a young man called Mike. His last name was Rowe. He wrote software. He bought the domain name MikeRoweSoft. After a while, he received a phone-book-sized package of legal documents from (guess who) Microsoft claiming trademark infringement. True story. http://en.wikipedia.org/wiki/Microsoft_vs._MikeRoweSoft They got their own way eventually of course. |
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| ^ | Joined: 19 Jul 2010 Member: #235948 | ||
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The domain realmusic.com (that's the registered trademarked site, right?) was registered at 29-oct-1996. So it has taken them quite some time before taking action, but they were first.
It's a pity, but aggressive lawyers usually get their way. One would wonder weather the following sites have received simular communications: www.thisisrealmusic.com www.realmusic.nl www.realmusic.ru www.getrealmusic.nl www.realmusicagency.com www.real-music.net www.realmusicclub.com www.realliferealmusic.com www.therealmusic.net www.realmusicmk.co.uk www.realmusicclub.org www.realmusictones.nl www.realmusic.cl www.therealmusicclub.com www.justrealmusic.com www.realukmusic.co.uk www.thisisrealmusic.com www.realmusic.co.za www.realmusicopportunities.com www.realmusicfromchicago.com seaworldparks.com/en/seaworld-sandiego/BuschGardens_Tampa/Ho me/Events/Real-Music-Series www.realmusic.no www.realmusicav.com soundcloud.com/realmusicrepublic real-music-makers.hyves.nl www.realmusicfm.com www.myspace.com/realmusicrecordingsx realmusicllc.bandcamp.com www.cdbaby.com/cd/realmusic2 www.realmusiccomesfrommusicians.com www.realmusicxposed.blogspot.com www.realmusicagency.com soundcloud.com/ceeofrealmusic the-real-music-ml.blogspot.com www.myrealmusic.com www.realmusic360.com www.get-real-music.com realmusictelevision.tumblr.com ---- We are the KVR collective. Resistance is futile. You will be assimilated. 
My MusicCalc is back online!! |
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| ^ | Joined: 08 Mar 2005 Member: #60794 Location: Utrecht, Holland | ||
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herodotus wrote: Does anyone have any ideas for a domain name that won't result in litigation? What about moving the same domain name to a server/ISP outside US? |
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| ^ | Joined: 28 May 2005 Member: #69942 Location: Netherlands | ||
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intellectual property laws in general are out of whack way back since Disney started to tamper with them to save Mickey Mouse. those companies are never satisfied. yes, this has nothing to do with copyright, but the nature of this is still similar - the "ownership" culture that has to go away. ---- From Russia with love |
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| ^ | Joined: 15 Nov 2006 Member: #128553 Location: Hell | ||
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Im sad to hear that. Thanks for your great efforts herodotus!
If anyone is up for hosting OSDrumkit, feel free to include my sfz mappings. PM me for the latest (and final) version. ---- Raconteur, Troubadour |
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| ^ | Joined: 27 Nov 2009 Member: #220490 Location: Norway | ||
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A Train Entertainment - "It's your creation… why should we own it?" |
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| ^ | Joined: 25 Apr 2004 Member: #22572 Location: Windsor, Ontario | ||
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Somebody should sue them too as a copyright infringement to "Take the A Train" by Billy Strayhorn/Duke Ellington.
Also, maybe we should flood Facebook and MySpace and all pages with "Real Music" related names. This reminds me of some cookies bought in US on which was stated "color orange as a background is copyrighted to..." |
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| ^ | Joined: 29 Dec 2008 Member: #197040 Location: Lithuania | ||
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How about something like "Reel-Musik-Meedia"? Eh?  Eh...?  Ehhh...?  Ah...  It honestly sounded better in my head... Well, I'm sorry that it has to be this way. :/ Honestly people these days will sue someone for anything. It's quite pathetic really. I have some of the OS kit samples and I might try putting them up somewhere. |
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| ^ | Joined: 10 Jul 2012 Member: #283972 | ||
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This is not even a commercial organization, how can they be like that?
realmusicmedia.net is already down
At least Gump's website is still up along with the the blog. (maybe you should backup it) Does anybody have the free loops that were hosted on realmusic? I'm not home but i think i have the mellotron samples and the OSkit on my computer. I can upload them to dropbox or something if desired. But if i do remember well the mellotron samples we're hosted somewhere else along with some mappings. Also, the Real Snare wasn't hosted on real music media so we can still download it for now. I grabbed it, just for sure. I really hope that the OSkit community keep alive after all. kbaccki wrote: I wonder who else can be held liable in a trademark infringement suit? Maybe the ISP that owned the servers that the webhost company used? Maybe the electric company who supplied the electricity to the ISP or, for that matter, to the company/person who infringed? Maybe Fedex and UPS and DHL for shipping ripoff merchandise?
Us, for using it?! |
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| ^ | Joined: 01 Sep 2012 Member: #287111 | ||
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That is terribe.
Just rename it/rebrand it to something like realitymusic or something. Don't throw what you have made away over a name. Just think of a new name and host with someone new and put the word out via forums of your rebrand/name. Good luck. |
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| ^ | Joined: 06 Jan 2011 Member: #247241 Location: UK |
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