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

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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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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.
my other modular synth is a bugbrand

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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.

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xxx
Last edited by Aloysius on Mon Nov 12, 2012 9:30 am, edited 1 time in total.
Anyone who can make you believe absurdities can make you commit atrocities.

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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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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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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 served over https!!

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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?
No band limits, aliasing is the noise of freedom!

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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.
I don't know what to write here that won't be censored, as I can only speak in profanity.

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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.

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A Train Entertainment - "It's your creation… why should we own it?"

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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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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.

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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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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.
Synth Magic synths for Konatkt - ARP Quadra, Polymoog and many more. www.synthmagic.co.uk

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