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Author Topic: Wel Well Well look what I just got in the mail  (Read 3689 times)

WolfWalker

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Wel Well Well look what I just got in the mail
« on: November 06, 2002, 04:19:57 am »

Dear EMusic Subscriber,

Over the past several weeks we have noticed unusual activity on your EMusic
account. Your account has been identified as having download activity far in
exceeding that of the overwhelming majority of subscribers.  

Although EMusic's goal has been to help consumers discover, sample and
download a wide range of music for personal use and enjoyment, EMusic cannot
continue to operate as a legal source for indiscriminate downloading of
copyrighted sound recordings and musical compositions.  Unlike other online
music subscription services, EMusic has gone to great lengths to provide an
open, easy-to-use service, for a reasonable price.  Without regard to content
hosting, serving and administrative expenses, royalties payable to recording
artists and/or songwriters with respect to every downloaded track no longer
affords EMusic the luxury of taking these matters lightly.

In order to maintain EMusic's low price while providing a flexible and
compelling service, we must focus on limiting instances of service-abuse by
monitoring the site for unusual activity.  Examples of service-abuses include,
but are not limited to, password sharing and use of automated systems to
download quantities of tracks far beyond one's reasonable personal use.
Accounts found to be used in violation of the expressed or implied guidelines
of EMusic's service are subject to immediate cancellation. (See EMusic.com's
Subscription Agreement at http://www.emusic.com/bem/new_signup/terms.html,
particularly the termination provisions set forth in Section 7.1.)  We ask
that you carefully consider these guidelines and the EMusic.com Subscription
Agreement terms and conditions as you use the service in the future.

Sincerely,
EMusic.com

I have only downloaded about 500 tracks.  This bites


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So much music so little time!

Nick_LeFave

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Re: Wel Well Well look what I just got in the mail
« Reply #1 on: November 06, 2002, 07:39:17 am »

A couple questions (using to determine what trips off their sniffers):

1. Were you using a download manager and which one?

2. What albums were you downloading?

3. What was the greatest amount of tracks that you downloaded at one time and over what time period?

Why I ask these questions is I have a friend that has DSL, downloads 4 of 5 albums in one sitting. He uses the service at home and at work. He will download the same album at both home and work. Yet, he has not received an email like this.

Thanks,

Nick LeFave
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WolfWalker

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Re: Wel Well Well look what I just got in the mail
« Reply #2 on: November 06, 2002, 07:52:53 am »

I signed up Oct 25 and I have download about 20 albums so far mostly at work.  They are mostly irish stuff the most download in one day was 8 albums.

I am using mj download mgr.
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So much music so little time!

Nick_LeFave

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Re: Wel Well Well look what I just got in the mail
« Reply #3 on: November 06, 2002, 12:51:18 pm »

WolfWalker,

I received the same email you did. I didn't receive it until I downloaded 3 complete classical albums in one night (I like Renaissance music, what can I say). I was using the MJ Download Manager over a dialup connection.

Right now, I am using the Emusic Download Manager (I hate it btw) and doing 2.5 albums at a time. I want to get the Complete Riverside Thelonious Monk set and the Complete Prestige/Bluesville Lightnin' Hopkins (total 22 discs combined). Once I get those downloaded, I will probably go down to one disc a day. Again, hopefully Emusic will let us all know how much we can reasonably download.

Again, Jim H thanks for letting us have this forum.

Nick LeFave
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JimH

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Re: Wel Well Well look what I just got in the mail
« Reply #4 on: November 06, 2002, 01:49:12 pm »

We were told by EMusic that MJ download manager is not a problem.  We developed it with their full cooperation.  They have used it.

I wonder if the length of the connection could be a factor.  Anyone else with dialup connections?
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Nick_LeFave

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Re: Wel Well Well look what I just got in the mail
« Reply #5 on: November 06, 2002, 03:32:30 pm »

Quote
We were told by EMusic that MJ download manager is not a problem.  We developed it with their full cooperation.


Yet, in their TOS, they still have the automated download utility clause. Which would make both the Emusic Download Manager and the MJ Download Manager verboten.

I actually am using the Emusic Download Manager to be as compliant as possible for the short term. I am waiting for the Emusic clarification that I expect to be coming.
A friendly Emusic fellow named George told me via email that they are still working on the definition of "unlimited" and a few other problems. Hopefully that includes changing the wording of the TOS to exclude using authorized automatic download manager utilities from the list of breachable activities.

I have faith. Actually enough faith that Vivendi might sell Emusic to a more loving owner (OK, fantasy land maybe, but I can hope). Or, the Emusic will restructure their subscription rates and offer a product that is truly unlimited or 35 albums a month for $19.95. I just don't want to see Emusic go away because it is the best source of legally downloadable mp3s from small indies. I have discovered more artists than I ever would just going down to the 2 remaining independent record stores in Iowa City.

Right now, I am operating under the paradigm that I will be an Emusic subscribers for years to come. Also that Emusic will expand its grace and let many of the cancelled parties comeback.

Here's to hopin',

Nick LeFave
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Michael Horton

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Re: Wel Well Well look what I just got in the mail
« Reply #6 on: November 06, 2002, 05:42:36 pm »

At present, I'm downloading 3 complete albums using MJs download manager with a cable modem. This is the first time that I've downloaded anything since well before NY40Male's Oct 22 post that started this whole thing. Prior to that, I had downloaded maybe 30 complete albums over a couple week period (during the mj download manager test period) using Mj'd download manager for about half, and EMusic's download for the other half. I've yet to receive a letter. MAybe they were being more lenient during that test period. Maybe this will trigger a letter. I don't want Emusic to go under. But I don't want to maintain my subscription either. So, this could work out well.
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zevele10

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Re: Wel Well Well look what I just got in the mail
« Reply #7 on: November 07, 2002, 09:49:41 am »

Allmost 2 years on Emusic.
I do not have a regular paten concerning downloads .
Since 2 weeks i had 1000 songs to download from another service ,so i did not use Emusic.
Last time i used Emusic was 3,4 weeks ago.
I checked a list with all the doom metal bands on earth and searched Emusic  for them.
I found quitte a lot,let say around a hundred albums .I spent 2 hours to do it.
All the albums in MJ and downladed in a row,without problem .With an ADSL connection
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