I received this email from Blogger yesterday:
Blogger has been notified, according to the terms of the Digital Millennium Copyright Act (DMCA), that certain content in your blog infringes upon the copyrights of others. The URL(s) of the allegedly infringing post(s) may be found at the end of this message.
The notice that we received from the International Federation of the Phonographic Industry (IFPI) and the record companies it represents, 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). Please note that it may take Chilling Effects up to several weeks to post the notice online at the link provided.
The IFPI is a trade association that represents over 1,400 major and independent record companies in the US and internationally who create, manufacture and distribute sound recordings (the "IFPI Represented Companies").
The DMCA is a United States copyright law that provides guidelines for online service provider liability in case of copyright infringement. We are in the process of removing from our servers the links that allegedly infringe upon the copyrights of others. If we did not do so, we would be subject to a claim of copyright infringement, regardless of its merits. See http://www.educause.edu/Browse/645?PARENT_ID=254 for more information about the DMCA, and see http://www.google.com/dmca.html for the process that Blogger requires in order to make a DMCA complaint.
Blogger can reinstate these posts upon receipt of a counter notification pursuant to sections 512(g)(2) and 3) of the DMCA. For more information about the requirements of a counter notification and a link to a sample counter notification, see http://www.google.com/dmca.html#counter.
Please note that repeated violations to our Terms of Service may result in further remedial action taken against your Blogger account. If you have legal questions about this notification, you should retain your own legal counsel. If you have any other questions about this notification, please let us know.
The Blogger Team
Several of my fellow soul bloggers have received similar notices fairly recently, which means that the copyright battle about online music has now moved from the world of Napster and file sharing to the blogging world. I had expected for some time that such a notice would cross my path, considering the relatively prolific posting that I do. As an attorney who has taken an intellectual property class or two, I am quite aware of the arguments made by the music industry about digital music sources, and in general I agree with them. It was in consideration of these arguments that I put a disclaimer on this blog some time ago to the effect that all material on this blog is copyrighted, that it is only here for noncommercial use (per the "fair use doctrine") and that if any objections existed that I would remove such offending material. I think it is clear that all music bloggers operate under such good faith attempts to share great music without breaking copyright law, but one man's "good faith" is another man's thievery, and Blogger, understandably, wants to stay out of the fray as much as possible. However, it does sadden me to see that I have to share my passion for great music under the cloud of impersonal legalese from Blogger.
So what to do? I am certainly disinclined to close up shop and file "Get on Down ..." away as a pleasant three-year online adventure, but I don't want Blogger to close down the blog arbitrarily should the IFPI, RIAA or any other organization protest about any content I have here. For the moment, my attempt at a compromise will be to continue the blog here on Blogger but make all posts "stream only" while I search for a different location to host the blog. Can any of my fellow bloggers who use Wordpress offer their opinion as to such matters? I would appreciate it.