James Upsets America

Well well well, I always said that my blog would get me into trouble as I am not one to stick to convention, and, it appears that it has.  Though not this blog, my sister blog James Winfields Top Tunes blog seems to have got me into trouble.

There I am, thinking that all of these tunes I love, that I discover, should be shared with everyone; suddenly I receive such e-mail:


Blogger has been notified, according to the terms of the Digital Millennium Copyright Act (DMCA), that certain content in your blog is alleged to infringe upon the copyrights of others. As a result, we have reset the post(s) to “draft” status. (If we did not do so, we would be subject to a claim of copyright infringement, regardless of its merits. The URL(s) of the allegedly infringing post(s) may be found at the end of this message.) This means your post – and any images, links or other content – is not gone. You may edit the post to remove the offending content and republish, at which point the post in question will be visible to your readers again.

A bit of background: the DMCA is a United States copyright law that provides guidelines for online service provider liability in case of copyright infringement. If you believe you have the rights to post the content at issue here, you can file a counter-claim. For more information on our DMCA policy, including how to file a counter-claim, please see http://www.google.com/dmca.html.

The notice that we received, with any personally identifying information removed, will be posted online by a service called Chilling Effects at http://www.chillingeffects.org. We do this in accordance with the Digital Millennium Copyright Act (DMCA). You can search for the DMCA notice associated with the removal of your content by going to the Chilling Effects search page at http://www.chillingeffects.org/search.cgi, and entering in the URL of the blog post that was removed. If it is brought to our attention that you have republished the post without removing the content/link in question, then we will delete your post and count it as a violation on your account. Repeated violations to our Terms of Service may result in further remedial action taken against your Blogger account including deleting your blog and/or terminating your account. If you have legal questions about this notification, you should retain your own legal counsel.


The Blogger Team


My response being:

Dear Sir

I would like to reply to this accusation.

I am simply trying to promote, both artists and re-mixers that I feel my friends should be aware of. I expect that they will then consider those artists in their future purchasing of concerts, festivals, albums merchandising, etc of said artists. I receive nothing. There is no money to be made in my blog. I simple admire this track and am trying to promote it.

What is wrong with that?

Please explain.

Kind regards
James Winfield


The track in question is the Carl Craig remix of Hot Chip’s track called “One Night Stand”

So who is the bad guy?

I’m not sure, so therefore my conclusion, sadly, should be that you listen to music that you are allowed to.

I will continue to provide links to good music that I am allowed to. I just want to promote artists. Enjoy.

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