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Band Stops Label From Going After File-Sharing Fans

07/23/2012
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All Shall Perish were surprised back in April when they discovered that 80 people were facing up to $150,000 in damages in a lawsuit for sharing one of the band's albums via BitTorrent.

At the time that news of the lawsuit surfaced the band told fans on their Facebook page: "ALL SHALL PERISH ISN'T SUING ANYONE, least of all our fans. No idea what this blog is talking about. WE AREN'T SUING ANYONE. We have no knowledge of any lawsuit. Our management and legal representation know nothing about it. Nobody from this blog contacted us to ask about it, either. We are looking into it and exploring our options."

Last week the band's label announced: "Nuclear Blast also respects bands such as All Shall Perish that do not wish to pursue file sharers. All Shall Perish was not consulted about this course of action and did not wish to participate in it whatsoever. When they learned about it, they immediately asked us to cease all legal action against their fans, file traders or otherwise, as soon as they learned this action had been taken in their name. Therefore Nuclear Blast and World Digital Rights decided recently to stop legal actions against the file sharing with songs from the band All Shall Perish."

Here is Nuclear Blast Records' full statement: "Nuclear Blast and SKP Enforcement UG, who are experienced in tracking illegal downloads and the file sharing of music, recently decided to cooperate with World Digital Rights to fight against file sharing piracy in the USA. In the United States, the providers are obligated by law to hand out the IP addresses of the computers from which the downloads / file shares were generated. By collecting this information these companies are also acting in the interest of our artists, which is essential to the future of both our bands and the label.

"To be able to recoup the investments both parties have made, is crucial in order to produce new music and to survive in this business. Nuclear Blast, SKP Enforcement, and World Digital Rights want people to be aware that the peer-to-peer file sharing is illegal and hurts the bands and record companies they love.

"That said, Nuclear Blast also respects bands such as All Shall Perish that do not wish to pursue file sharers. All Shall Perish was not consulted about this course of action and did not wish to participate in it whatsoever. When they learned about it, they immediately asked us to cease all legal action against their fans, file traders or otherwise, as soon as they learned this action had been taken in their name. Therefore Nuclear Blast and World Digital Rights decided recently to stop legal actions against the file sharing with songs from the band All Shall Perish.

"In all other cases, the parties involved pursue those violating copyright laws to avoid the financial loss they incur and to protect the value of their copyrights.

"Nuclear Blast counts on the loyal fans which have been supporting the label and our bands for over 20 years now. Every sale helps support metal and the people that work hard to bring metal to the masses. For those that continue to buy music legally, that is something every loyal fan can be proud of."

You can read this report which was posted at the time of the filing for more details about the original lawsuit with and you'll see why the band was caught off guard.

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