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OC ReMix plagiarism: report it here!


SnappleMan
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This asshole stole over 200 OC ReMixes across 5 different websites, AND sold them on Bandcamp for prices as much as $15. And when he was initially caught, he decided to try and delete and block people from revealing it to keep whatever money he got from it coming. Fuck that, fuck him, and fuck his apology.

^ This. It's like having someone cheat on you 200 times and still come back with apologies. There's no way anyone would forgive that.

Same here, except the guy got what he deserved ...well, actually he got even less than he deserved. I say he got off easy.

I want to apologize.
Then give back the money you've lawlessly made to the people you stole from. Anything less isn't a sincere apology.
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He absolutely should give any money he made over to the site, but of course that'll never happen. The guy is a scumbag and did a horrible thing, and fought tooth and nail to cover it up. But should his mom have really been involved? From what I read the guy was 21; a little late to be going and telling mommy about what her kid is doing. It worked and it's over, but I really hope tracking down family members and harassing them over what their kid is doing on the internet doesn't become the regular thing that happens in these cases.

Frankly I don't really care if he got in trouble with his mom or not over this; I'm just concerned OCRAPS might be overreaching and overreacting. Maybe some official procedures to be taken when it comes to theft should be established and posted on the site instead of just making it a vigilante justice free-for-all. OCR takes pride in being professional; shouldn't that extend to everything involving the site?

Edited by KyleJCrb
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He absolutely should give any money he made over to the site, but of course that'll never happen.

I'm not familiar enough with the aspects of copyright law that would pertain to it to answer this question myself, so I'll ask it here, just for curiosity's sake: Would there be an issue regarding OCR "profiting" from Remixes if he did that? You and I and everyone on the site would know that OCR hadn't tried to, but a case could be made that those funds being donated to OCR would constitute a profit off Remixes using copyrighted material via a middleman.

I mean, I'm sure someone somewhere could try to make a case off of that - even if OCR had no foreknowledge - and I seriously doubt he WILL donate it, but what I guess I'm really asking is whether a plaintiff against OCR in such a case would have a leg to stand on.

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He absolutely should give any money he made over to the site, but of course that'll never happen. The guy is a scumbag and did a horrible thing, and fought tooth and nail to cover it up. But should his mom have really been involved? From what I read the guy was 21; a little late to be going and telling mommy about what her kid is doing. It worked and it's over, but I really hope tracking down family members and harassing them over what their kid is doing on the internet doesn't become the regular thing that happens in these cases.

Frankly I don't really care if he got in trouble with his mom or not over this; I'm just concerned OCRAPS might be overreaching and overreacting. Maybe some official procedures to be taken when it comes to theft should be established and posted on the site instead of just making it a vigilante justice free-for-all. OCR takes pride in being professional; shouldn't that extend to everything involving the site?

Personally I agree. Contacting family members leaves a bad taste in my mouth.

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I'm new here but I support Brandon Strader's decision. You guys make music for the sake of loving music and post it up here for everyone to enjoy. This guy got caught stealing music and selling it as his own, which is illegal, and upon getting caught, he deleted people's messages and blocked them, then finally gave in. He apologizes and it's over with? A slap on the wrist? He's only sorry because he got caught. If he was never caught, he would still be doing it right now and profiting over hard work that you guys have done. I wouldn't be surprised if he's doing the exact same thing under other aliases under which he has not yet gotten caught, OR plotting to do the same thing in the future--if he really does get off as easily as "I'm sorry thenks bai"

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Personally I agree. Contacting family members leaves a bad taste in my mouth.

As long as no one's threatening or trying to harm anyone, SHAME is a great tool of the OCRAPS. If you need to let someone ELSE influential in that person's circle, family or friends know, and that works to get the plagiarism taken down, then that's WONDERFUL. People, Facebooking his mom with a non-threatening plea or a heads-up about the theft isn't a big deal. If it leaves a bad taste in your mouth, it's because it should. He shouldn't steal the music and we SHOULDN'T have to notify his parent that he's an idiot. But if you're going plagiarize artists' music in 21st century ways, be prepared to have it reported in 21st century ways. Stealing our community's shit and selling it was dirty, but OCRAPS, we get dirtier.

EDIT: TL;DR - Harassment and threats are always douchey, so never do that. But it's fine to contact anyone about getting plagiarism halted as long as you're respectful. "Yeah, but don't tell my mom, that's embarrassing..." DON'T STEAL OUR COMMUNITY'S MUSIC, STUPID.

Edited by Liontamer
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I understand the concerns of those who have voiced concern/distaste of the emailing his mom thing, but the reason I'm not concerned is I don't actually think the intent was just to shame him out of spiteful retaliation, but rather to put a swift and instant end to what is not only an unethical, but ultimately an illegal action.

So he's 21. You know what? That means he's legally an adult, no matter how immature/naive/inexperienced. If he makes a raunchy/tasteless/offensive forum post, then that's his prerogative and as long as no laws/forum rules are violated, he can exercise free speech all he wants and I'm fairly certain none of us would think to point it out to his family.

But this is different. This is beyond even falsely claiming credit over our music, which has happened time and time again. This is him trying to profit monetarily from work that he did not do. It's fraud. It's IP theft.

Think of it this way. If I start selling [insert popular mainstream artist here]'s music on bandcamp, or my own website, and [insert popular mainstream artist's publisher/record label here] were to find out about it, bad things would happen. I need to read up on it a bit more to find out exactly the consequences, but I'm fairly certain it would be beyond a mere C&D (*EDIT* See: Criminal Copyright Infrinement). I'd probably be sued for damages and slapped with a hefty fine for violating copyright laws for financial gain.

The moment I ever catch anyone selling my music as their own (not just saying they wrote it and slapping it on soundcloud like that Megaclown kid), you can bet I'm going to look into legal action. That's my work, my property, and they have no right to profit from it.

So contacting his mom IMO was actually pretty insightful and direct in this case. Because lets face it, after however many instances of this garbage (too many to count), how many artists simply comply with DMCA's or takedown demands promptly and cordially? Instead, how many people do their best to delete any incriminating comments and accusations until the higher authorities take any action (if they even do at all?)

It is a horrible hassle to DMCA/file official complaints to IP-thieves these days. If I knew that contacting someone's mother was a surefire way to get them to stop their copyright crimes and atone for their theft then I'd do it every time.

Edited by big giant circles
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I disagree. If nobody tattled to his mommy, then he probably would've done the same thing again. Thieves online tend to do it again and again with little fear of reprocussions (see: DeviantArt or Newgrounds). Having his family find out probably scared him enough to make him swear off stealing music. Also if it turned out he was some kid or even somebody still living with his parents, they could've done something like removed his internet connection as punishment.

I'm not saying it wasn't a low blow, but it probably has taught him a lesson.

Yeah, agreed 100%. I'm tired of criminals being treated nicely when they're caught in the act; it only serves to further punish their victims.

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http://www.copyright.gov/title17/92chap5.html

§ 506. Criminal offenses4

(a) Criminal Infringement. —

(1) In general. — Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed —

(A) for purposes of commercial advantage or private financial gain;

(B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or

© by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.

(2) Evidence. — For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement of a copyright.

(3) Definition. — In this subsection, the term “work being prepared for commercial distribution” means —

(A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution —

(i) the copyright owner has a reasonable expectation of commercial distribution; and

(ii) the copies or phonorecords of the work have not been commercially distributed; or

(B) a motion picture, if, at the time of unauthorized distribution, the motion picture —

(i) has been made available for viewing in a motion picture exhibition facility; and

(ii) has not been made available in copies for sale to the general public in the United States in a format intended to permit viewing outside a motion picture exhibition facility.

(B) Forfeiture and Destruction. — When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all infringing copies or phonorecords and all implements, devices, or equipment used in the manufacture of such infringing copies or phonorecords.

© Fraudulent Copyright Notice. — Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500.

(d) Fraudulent Removal of Copyright Notice. — Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500.

(e) False Representation. — Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500.

(f) Rights of Attribution and Integrity. — Nothing in this section applies to infringement of the rights conferred by section 106A(a).

§ 507. Limitations on actions5

(a) Criminal Proceedings. — Except as expressly provided otherwise in this title, no criminal proceeding shall be maintained under the provisions of this title unless it is commenced within 5 years after the cause of action arose.

(B) Civil Actions. — No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued.

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It's for a variety of reasons, I suppose. The fact that it's a sort of a... vigilante justice, for starters. When it comes to that sort of thing it's not black and white. If it's deemed okay to contact an adult's mother if they wrong you, I feel it opens the door to doing the same in other scenarios.

I usually send them the satellite photo and floorplan diagram of their house. Contacting the guy's mom to let her know her kid is plagiarizing someone else's work is not vigilante justice.

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  • 5 months later...
Anyone contacted Soundcloud regarding this charming gentleman?
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