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[zevele10]

Looking at all the posts ,i understand that some of you get an email asking them to download less ,but are not suspended.
I am right ?
If yes what the email says exatly?
Did anyone get FROM Emusic the limit a month they use ?
Noy me anyway ,they did answer me ,even if i am still a member

[Nick_LeFave]

I tried to be "proactive" and ask for what was a reasonable monthly amount of downloads. This is there answer.

Date: Thu, 31 Oct 2002 09:26:53  -0800
From: service@emusic.com
Subject: RE:Re: Other Questions / Comments [#634353]
To: nxxxxxxxxxxxxx@xxxxxxxxx.net



Dear Cyprian [ed, that's me],


Thank you for contacting the Customer Support Team
at EMusic.com! I apologize for the delayed response.


Our point is that the intent of the service is not now
and never has been for our customers to just "download
to download." The number of our customers that fall
into his category is tiny.  We want to allow for heavy
usage, but we can't (nor can any other model) support
customers who are downloading huge numbers of tracks
that they cannot possibly ever listen to.  We are
going to be providing some other communication to our
customers to help people better understand this.  


EMusic pays approximately $.07 (just the mechanical
license fee) for every track downloaded from our
site.  We are working with the publishers to try and
structure a deal that is more appropriate for our
service, but until then our costs are quite high.  We
have some customers that literally try to download
just about everything on our site.  This is not
reasonable and it hurts our ability to survive as a
service and the ability for the labels to make money
they are paid on a percentage basis after the
mechanical deductions).


We believe we have the right model and that this
business is going to be huge some day.  We're trying
to strike a balance between what we know our customers
want, and what the current economics of the industry
will allow.  


As a guideline,  if you use the service as it was
intended -- sampling new albums and downloading what
you can personally use and enjoy -- you will not have
an issue.  Although this may not completely satisfy
your request, I hope this background is helpful.


Kind Regards,
Susanne
EMusic Support Team

Date: Sat, 2 Nov 2002 21:01:09 -0800
To: nxxxxxxxxxxxxx@xxxxxxxxx.net
From: legal@emusic.com
Subject: Important Alert Regarding Your EMusic Account Activity


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

Date: Thu, 07 Nov 2002 17:57:55  -0800
From: legal@mp3.com
Subject: RE:Re: Important Alert Regarding Your EMusic Account Activity [#650085]
To: nxxxxxxxxxxxxx@xxxxxxxxx.net



Dear EMusic Subscriber,


Thank you for contacting us in response to our email
concerning your account activity.


The intent of EMusic has never been to enable
customers to indiscriminately download massive numbers
of songs.  We designed EMusic as an interactive
service to allow you to sample, discover and listen to
music from our many label partners.


Although we do not want to discourage active use of
our service, we have concluded that we cannot support
customers who are downloading huge numbers of tracks
that they cannot possibly ever listen to.  EMusic pays
music publishers and songwriters a fixed amount for
every track downloaded from our site.  This means that
the costs of supporting the small number of users who
abuse EMusic can impact our ability to provide our
service to the rest of our users.  We are passionate
about EMusic, and we are working hard to ensure the
service continues to grow and meet our customers'
needs.


As a guideline, please use the service as it was
intended to be used -- for sampling songs and albums
and downloading numbers of tracks you can personally
use and enjoy.  We hope this background information is
helpful and that you continue to enjoy EMusic.


EMusic.com

[zevele10]

But you are not ban ?
I am right?

They may ,first not put the unlimited downloads on they front page .
Second have 6 months or one year deal ,not 3 months.

I am close to my 2 years.At $10  a month it is 'part of my life'. I am not like a mad to download,it is part of my internet life
But if much  more a month i would not keep it .

But they are still funny people. They complain about rates they have to pay when in fact they are part of universal corporate ,who wants much more than 0,07.

But they will say one day that the problem is indee labels who want so much ,not them nice and smiling corporate.

To JimH
I was really cool i did not use any 4 or five letters words

[Nick_LeFave]

zevele,

I haven't been banned, but I don't know exactly how to redeem myself short of not dowloading anything.

Here is my frustration with Emusic in a nutshell:

They want me to change my behaviour because they are loosing money. Fine, I am willing to be reasonable. But, they won't tell how much I get. Instead, they leave the "emails" open ended. Allowing me plenty of room to violate anything.

Again, I am not going to worry. I have cut back to 2 cds a day (I desire new music, I like hearing new music. On long car rides, I can listen to at least 8hours of music). If they terminate me, they terminate me. I won't be happy, but I don't like the stress. Especially, since I used to enjoy Emusic.

[KingSparta]

$10.00 divided by 7 cents = 142.85 tracks per month. Before they reach braking point.

But I am sure the limit is less

How much time does a person spend listening to music per day?

What is the average time per track?

If i spent 1 hour per day listening to music that would be 20 tracks (average at 3 mins per track (just a guess))

If they tell you the limit then they would lock them in to a fixed number that could be used aginst them in court.

I am sure they did a study of how much music a normal person listens to on there computer and total perday. and how much a normal person would buy in one year.


'Love Machine' Charted At 01 In 1975

Listening to: 'Love Machine' from '54 Soundtrack [Volume 1]' by 'Miracles' on Media Jukebox

My MP3 Library Currently Has 10,588 Billboard Top 100 Songs.

[zevele10]

Nick
I am on your side.
I do not mind to downlad no more than X songs a month.
But they have to say how much.
I did not get any answer to my mail about it.
I did  not get any email from them concerning my download patern i have to say.

But such way of making deal is kind of third word  stuff

[JimH]

$10.00 divided by 7 cents = 14,285.714 tracks per month.

I think it must be more like 142.8 tracks a month.

I believe they can live with 500/month or even 1000/month since some people download less than 142, and that brings the average down.  I'm just guessing.

[michel]

They have thousand of customers so it is obvious the limit is automatically checked. So they are able to give the algorithm (amount of files/month or whatever more complicated).

But they don't give it. Why ?

Because if they give a written limit (by email) to customers asking for, they could sue them for false publicity ("illimited download").

So they should change their advertising (I mean "no more illimited download" on their web site).

But they don't want ! (otherwise they would do it already since I don't believe they need more than 3 weeks to think about that).

It is a pity because I am convinced they don't need to be misleading people to do this business. A limit per month (or anything else non-ambiguous) is perfectly understandable and I am ready to subscribe such a contract.

But I am not ready to wake up a morning with an e-mail saying me that I am a thief (ok it is not the word they used but I felt as I was one).

Morever when it is so unusual yet to buy music on internet.

What do you think it will happen when many others online music services will apppear as EMusic competitors ? We could remember the way they toke care of their customers...

By the way, they don't return me yet the month fee they billed 4 days after to cancel my contract.
I am waiting since 2 weeks now...

[KingSparta]

Yes, Bad Math On My Part.

Now Corrected

[KingSparta]

>> I am waiting since 2 weeks now...
billing is not a fast turn around, and don't expect at to be sent FedX

[michel]

billing is not a fast turn around, and don't expect at to be sent FedX

I am not waiting a bill but a refund (they charged my credit card for a new month even they cancelled me 4 days before) and they don't need to send anything, it is just to credit my Visa card.

[Nick_LeFave]

But I am not ready to wake up a morning with an e-mail saying me that I am a thief (ok it is not the word they used but I felt as I was one).

That sums up how I felt after seeing people receive the email and then when I actually received it. People who downloads tons of tracks are more likely to be the type of person who supports legal downloading and NOT p2p. They should be courting more people like us but be truthful and offer a "limited" download scheme.

[Charlemagne 8]

michel,
If they charged your account, try logging in again. I let my 3 month trial lapse and they closed my account. Three days later, I noticed they had charged for a 4th month so I tried logging in again and got in. I'm still in with presumably no contract. I do have to pay $14.99/month but I can live with that if it means no year-long  or even 3-month-long commitment.
The extra 5 bucks also may explain why I haven't received even a warning. I wonder what happens after a year if you do nothing. Do you then have a contract-free $10 a month subscription?
CVIII