DISCS 

Beach Boys Smile
was here

To discover more DISCS visit Compendium and Home - go to the Discs page for more music downloads

Weekly Blowin Extra newsletter - mail@rob-walsh.co.uk 

 

    

 
"The legendary Smile album was never officially released, though the Brian Wilson remake was released in 2004"....... ah well, fuhget it... it was good while it lasted...

This website used to host a good version of the original Beach Boys 1967 Smile album in its entirety, in mp3 form and free to download. An email received in August 2005, below, explains why this won't be the case any more.

If you want more on Smile (much more), go to the Smileshop

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ENERGIS ABUSE TICKET : 1891820 (Notice of copyright infringement)

FAO The Account Holder
 
 Notification of Claimed Copyright Infringement
 ----------------------------------------------
 
 Dear Sir/Madam,
 
 Energis is a backbone ISP. We host virtual ISPs including Wanadoo. This means that we own the network on which your account is hosted. We therefore have an obligation to deal with abuse issues relating to our network and originating from Wanadoo users. Emails sent to abuse@wanadoo.co.uk come direct to this team here at Energis.
 
 We have received a formal notice of claimed infringement of copyright from a copyright owner or copyright enforcement agency. This notice is included below.
 
 As you may know companies or individuals are the owner of copyright and exclusive distribution rights in and to the works created by them.
 
 Please note that unauthorised distribution of copyrighted material is against the Terms of Use that you accepted when you signed up to the service. The Wanadoo terms of use are located at http://www.wanadoo.co.uk/terms
 
 We have noted receipt of this report on your account record and must request that the content be removed within 3 working days from the receipt of this notification.
 
 If you dispute the allegation, please take this matter up with the copyright owner/enforcement agency. The details of the copyright owner/enforcement agency will normally be included near the end of the forwarded notice.
 
 Regards
 
 Energis Network Integrity Team
 Website: http://www.energis.com/abuse
 Email: abuse@energis.com
 
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 This email is confidential and may be privileged or otherwise protected from disclosure. Any liability (in negligence or otherwise) arising from any third party acting, or refraining from acting, on any information contained in this
 e-mail is excluded. If you are not the named recipient please notify the sender immediately and do not disclose to another person, you must not copy this message or disclose the contents to any other person. If you receive this message in error please notify us immediately.
 
 Copyright in this e-mail belongs to Energis.
 ------------------------------------------------------------------------------
 
 Report of Alleged Copyright Infringement


19 July 2005

Freeserve/Wannado

Dear Sirs

Re: http://www.discemail.fsnet.co.uk/bbsmile.htm

The British Phonographic Industry Limited ("BPI") is a member of the
Internet Enforcement Group (see www.ieg-uk.org) and the UK national
group for the International Federation of Phonographic Industries
("IFPI").  Our members comprise over 300 record companies in the United
Kingdom.  Between them our members are responsible for the production or
distribution of the vast majority of sound recordings sold and/or
distributed legally within the United Kingdom.  The BPI is also mandated
to act on behalf of the members of Phonographic Performance Limited
("PPL") and the Association of Independent Music Limited ("AIM") and in
this respect, to protect the rights in the sound recordings that are
owned or controlled by members of PPL and AIM, as well those that are
owned or controlled by BPI.

Part of our work involves monitoring the internet and taking action
against persons that use, facilitate, enable and/or authorise the use of
sound recordings in a manner that infringes the rights of the members of
BPI, PPL and AIM.

We have identified a website that is available upon your internet
service that enables access to a large number of infringing sound
recordings.  The site address is identified above. =20

The time and date when we accessed this site is detailed below. =20

Without limitation, examples of the sound recordings featured upon this
site that are owned by or licensed to our members and/or the members of
PPL and AIM are:


Our Prayer
The Heroes & Villains Suite
Do You Like Worms
Mrs O,Leary's Cow
Child is Father of Man
Cabin Essence
Love To Say Da Da
Holidays
The Old Master Painter/You Ar...
Fire (Mrs O,Leary,s Cow Pt. 2)
Wind Chimes
Barnyard
Vega-Tables
The Woodchop Song
She's Goin' Bald
Tones
With Me Tonight (version1)
Wonderful
Three Blind Mice
With Me Tonight (version 2)
You're Welcome
Surf's Up Instrumental
Can't Wait Too Long
Cool Cool Water
Surf's Up Vocal
Heroes & Villains (a bit of 1)
George Fell Into His French Hor...
Bicycle Rider Theme
Cabin Essence (backing track)
Heroes & Villains (a bit of 2)
Good Vibrations (stereo mix!)
Good Vibrations (closing bit)
SMILE promo advert

All files accessed on 19/07/05 at 13.00 BST.=20

The persons responsible for this website and its content are infringing
copyright.=20

Section 2 of the Copyright Designs and Patents Act 1988 (as amended)
("the Act") provides that the owner of the copyright in a sound
recording has the exclusive right to do certain acts in relation to that
copyright work ("acts restricted by copyright").  Section 16 of the Act
details the acts that are restricted by copyright.  Pursuant to that
section, the owner of copyright has the exclusive right to copy a work,
to issue copies of the work to the public, to perform, show or play the
work in public, to communicate the work to the public and to make an
adaptation of the work.   Section 101 of the Act provides that an
exclusive licensee has the same rights and remedies as the copyright
owner following the grant of such a licence. =20

Copyright in a work is infringed by a person who, without the licence or
consent of the copyright owner, does or authorises another to do any of
the acts restricted by copyright.

We are therefore writing to you to request that you remove or block
access to the website identified above.  This may be accomplished most
effectively by blocking access to the particular URL listed above.

You will of course be able to consult your own records to enable you to
contact the owner of this particular domain.  You will also, no doubt,
wish to consider your terms and conditions of contract with your
customer.  For our part, we can confirm that it is the BPI's good faith
belief that the use of the material detailed above, in the manner
complained of, is not authorised by the copyright owner or exclusive
licensee.

The information contained within this notification is accurate and we
are authorised to act on behalf of the above identified owners of
copyright.

We must ask for your response to this letter within 48 hours of the date
hereof.  In the meantime, all of the rights of the BPI and of our
members are expressly reserved.

We look forward to your response.=20

Yours faithfully=20


BPI Anti Piracy Unit

Riverside Building, County Hall, Westminster Bridge Road, London SE1 7JA


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