HydrogenAudio

Hydrogenaudio Forum => Listening Tests => Topic started by: digital on 2008-02-04 00:42:12

Title: Moderation / deletion of Free & Legal MP3 samples:
Post by: digital on 2008-02-04 00:42:12
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Moderation / deletion of Free & Legal MP3 samples:

Twice now I’ve posted links to truly Free & Legal MP3 tracks available on the Internet and had them removed by moderators.  I’m just wondering, is the linking to legitimately accessible, what I call ‘Free & Legal’ tracks – such as those directly offered by recoding artists, record companies, promotional agencies acting on behalf on the former etc., not acceptable on H.A.?  I re-read the T.O.S. and it doesn't violate any of them; even T.O.S. #9.

I realize that I could have PM’d a Mod’ on this one, but thought it would be good if one and all saw the answer in order to perhaps nip it publicly in the bud so to speak, if it is unacceptable here.

Andrew D.
www.cdnav.com

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Title: Moderation / deletion of Free & Legal MP3 samples:
Post by: pdq on 2008-02-04 01:31:23
The mods are responsible for avoiding copyright infringement, and while it is easy to verify that a file is under 30 seconds in length, it is not reasonable to ask them to verify that a file is "free and legal". Therefore I find it quite reasonable for them to delete links that do not meet the former test, whether or not they meet the latter test.
Title: Moderation / deletion of Free & Legal MP3 samples:
Post by: digital on 2008-02-04 02:28:24
I respect that position, however; I did in fact provide reference as to the origin and owner of said file in the last instance of moderation link removal.  Perhaps I needed to be even more specific?

Andrew D.
Title: Moderation / deletion of Free & Legal MP3 samples:
Post by: greynol on 2008-02-04 06:10:10
TOS #9 clearly states:

"Fair use of short music clips (under 30 seconds) for codec testing purposes is allowed."

The logical conclusion is that music clips over 30 are not allowed.  It doesn't matter how you acquired the music that's being made available.

This thread is closed.
Title: Moderation / deletion of Free & Legal MP3 samples:
Post by: Garf on 2008-02-04 18:15:57
After a discussion among the admins it's clear we agree the rules have been misinterpreted here. TOS 9 is about not posting illegal material. It is not about a hard length-rule for posted samples.

The reason why TOS 9 says that fair use/short excerpts from copyrighted clips are allowed, is that without this exception they clearly wouldn't be. But there is no reason why this would imply the reverse also!

So, to summarize:

a) It is not allowed to post illegal material here.
b) Short clips of copyrighted material that can be considered fair use are allowed.
c) We don't limit what legal material can be posted here, unless covered by another TOS rule (TOS 14 for example).

This being said, moderators will err on the side of caution when dealing with material that looks like it could be illegal, so please do provide easy to check references if you post a clip you know is legal. Also note that just because a clip is freely downloadable from, for example, the artists website, this does NOT imply you can post it here (the clip itself, posting the link would be fine). A free clip is still covered by copyright and may not be free to redistribute.

I hope this clarifies the issue.

Thread re-opened.
Title: Moderation / deletion of Free & Legal MP3 samples:
Post by: greynol on 2008-02-04 18:36:27
Should the rule be amended to reflect this more detailed interpretation and that justification be required in any situation where a clip exceeds 30 seconds?
Title: Moderation / deletion of Free & Legal MP3 samples:
Post by: digital on 2008-02-04 18:36:58
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Very cool, thanks guys!  Here is one to celebrate the revised outlook:

The Black Keys; Meet Me In The City (http://www.fatpossum.com/download.php?name=blackkeys-chulahoma-meetme.mp3&mode=view&type=mp3)

160Kb/s Free & Legal MP3 compliments of Fat Possum Records (www.fatpossum.com)

Andrew D.
www.cdnav.com
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Title: Moderation / deletion of Free & Legal MP3 samples:
Post by: Garf on 2008-02-04 19:29:28
Should the rule be amended to reflect this more detailed interpretation and that justification be required in any situation where a clip exceeds 30 seconds?


I will clarify in the admin/mods forum, but I think it's not needed to reword TOS 9.