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Real Music Media (osdrumkit, real snare drum) is going away due to trademark issues

Sampler and Sampling discussion (techniques, tips and tricks, etc.)

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User avatar
herodotus
KVRAF
 
4920 posts since 8 Dec, 2004, from The Twin Cities

Postby herodotus; Sat Nov 10, 2012 7:22 am Real Music Media (osdrumkit, real snare drum) is going away due to trademark issues

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.
User avatar
whyterabbyt
Beware the Quoth
 
21396 posts since 3 Sep, 2001, from R'lyeh Oceanic Amusement Park and Funfair

Postby whyterabbyt; Sat Nov 10, 2012 7:34 am

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.
kbaccki
KVRAF
 
1887 posts since 12 Sep, 2004

Postby kbaccki; Sat Nov 10, 2012 11:29 am

The US law is (naturally) ass backwards... or upside down... or ass-side downwards.... http://user.xmission.com/~kirton/images ... uilder.pdf

Seriously... :roll:

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.
User avatar
Aloysius
KVRAF
 
10698 posts since 11 Aug, 2008, from Alto Icon

Postby Aloysius; Sat Nov 10, 2012 11:51 am

xxx
Last edited by Aloysius on Mon Nov 12, 2012 1:30 am, edited 1 time in total.
I feel like Buddha Holly
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herodotus
KVRAF
 
4920 posts since 8 Dec, 2004, from The Twin Cities

Postby herodotus; Sun Nov 11, 2012 5:54 pm

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?
skitchy
KVRist
 
307 posts since 19 Jul, 2010

Postby skitchy; Sun Nov 11, 2012 6:15 pm

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.
BertKoor
KVRAF
 
8306 posts since 8 Mar, 2005, from Utrecht, Holland

Postby BertKoor; Mon Nov 12, 2012 12:43 am

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/Home/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. Image
My MusicCalc is back online!!
User avatar
Nielzie
KVRAF
 
4839 posts since 28 May, 2005, from Netherlands

Postby Nielzie; Mon Nov 12, 2012 1:29 am

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?
User avatar
Burillo
KVRAF
 
1662 posts since 15 Nov, 2006, from Hell

Postby Burillo; Mon Nov 12, 2012 1:31 am

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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Baard
KVRist
 
346 posts since 27 Nov, 2009, from Norway

Postby Baard; Mon Nov 12, 2012 11:12 am

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.
User avatar
CC4
KVRian
 
788 posts since 25 Apr, 2004, from Windsor, Ontario

Postby CC4; Mon Nov 12, 2012 1:00 pm

A Train Entertainment - "It's your creation… why should we own it?"
User avatar
sorohanro
KVRian
 
1233 posts since 29 Dec, 2008, from Lithuania

Postby sorohanro; Mon Nov 12, 2012 2:09 pm

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..."
StevenT2112
KVRer
 
26 posts since 10 Jul, 2012

Postby StevenT2112; Tue Nov 13, 2012 4:49 am

How about something like "Reel-Musik-Meedia"? Eh? :wink: 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.
HenriAugusto
KVRist
 
66 posts since 1 Sep, 2012

Postby HenriAugusto; Fri Nov 16, 2012 6:01 am

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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synthmagic
KVRian
 
852 posts since 6 Jan, 2011, from UK

Postby synthmagic; Fri Nov 16, 2012 8:24 am

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.
ARP Quadra, Polymoog and other vintage synths for Kontakt http://www.synthmagic.co.uk
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