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Illegal Downloaders in Miami Sued on Behalf of All Shall Perish, California Deathcore Band

Categories: News
via Nuclear Blast
It's unwise to mess with bands who make albums that look like this.
All Shall Perish, a blistering political deathcore group from California, burst onto the metal scene with their 2003 record, "Hate, Malice, Revenge." Today, those are exactly the emotions driving a distributor to seek sweet vengeance against dozens of fans who illegally downloaded tracks from their newest album.

A lawsuit filed last week in Miami's federal courthouse seeks $150,000 in damages, as well as court costs, from 100 anonymous music fans, who frankly should have been forewarned by the names of the songs they were stealing: "My Retaliation," "This Is Where it Ends," and "The End Will Haunt Us Both."

All Shall Perish, which is signed to a German label called Nuclear Blast, released its new album, also called This Is Where It Ends, last July.

According to the lawsuit, filed by World Digital, a Panamanian company that licenses the band's songs, the illegal downloads came mostly through programs called uTorrent and Vuze.

The filing also sheds light on how using a torrent can leave a digital trail right back to you.

A BitTorrent client takes new files -- like the band's songs -- and divides it into "pieces" which are assigned random and unique identifiers known as "hashes." The hash identified then serves as an "electronic" fingerprint which identifies the "source and origin of the piece," records show.

In simple terms: busted!

"Each defendant participated in a swarm by directly interacting and communicating with other members of the swarm through digital handshakes," according to the complaint.

It's not clear exactly how many of the music downloaders live in Miami, but at least one downloaded a song from Florida Atlantic University.

Omar Ortega, World Digital's attorney, could not be reached for comment. This anti-free downloading suit isn't unique in the metal world. Metallica famously helped kill Napster back in 2000 by headlining a lawsuit against the site.

We'll leave downloaders with what should have been a cautionary tale from how All Shall Perish would view song theft:



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13 comments
Pat
Pat

Sorry to ruins everyone's image but it turns out this article is actually how the band itself found out about te suit..... They have nothing to do with it

jps
jps

Great reporting, geniuses.

Also, there is no such thing as "song theft." Even the lawsuit does not allege "song theft," because if such a thing were possible, it would be legal under current law.

This Panamanian company sounds like a piece of work. they bought the rights from a European publisher who bought the rights from the band. The artists not only have nothing to do with this, they will not see a penny from it. Didn't the Righthaven cases get tossed for this reason?

Guy Lacroix
Guy Lacroix

The record companies usually own the rights to the distribution of the music, so if the band doesnt know about it its probably the suits after som extra dough. I just hope that they keep pumping that money they make into new and better music... not this garbage! LOL.

Matthew Pema Dorje Greer
Matthew Pema Dorje Greer

From All Shall Perish's Facebook:

"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."

fight.
fight.

this is a lie anyway. they aren't suing anyone accordign to their facebook. check yo facts before you post.

Nope
Nope

This headline is a lie. It's not until paragraph 4 that they tell the truth -- assuming that "Digital World" or whatever is even a real company. Did they even TRY to contact a rep for ASP? 

Bill
Bill

Support bands & musicians. There are plenty of ways to hear music for free, but if you want your own copy - buy it!

Hugo
Hugo

Haha this is garbage, wouldent download if they payed me for it.... Attention seekers, kill yourselves in silence.

Jim Camp
Jim Camp

They are following thru with this and they put it on You Tube for free ? Go away !

David Kearns
David Kearns

Snappy tune! I shall find myself singing it to myself in good cheer throughout the day! God bless these clean-cut American kids.

Aridgerat
Aridgerat

I have to agree, David! Hard to get this out of my head!

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