On Tues 21st November 2017 sowndhaus.com became unreachable on the internet.
At first it appeared to be a connection configuration problem but it soon became clear that our domain was purposefully de-listed from DNS servers.
DomainBox had received a DMCA notification from the IFPI (International Federation of the Phonographic Industry) and immediately suspended our .com domain.
We have a good faith belief that the audio files allegedly "infringing copyright" in the DMCA notification are clearly transformative works and meet all criteria for "Non-commercial User-generated Content" under Section 29.21 of the Copyright Act (Canada), and as such are authorised by the law. Our service, servers, and files are located in Canada which has a "Notice and Notice regime" and where DMCA (a US law) has no jurisdiction.
However, the jurisdiction for our .com domain is within the US/EU and thus subject to its laws.
We have cooperated with the request to permanently remove files listed in the claim from sowndhaus.com. We also removed our service from the sowndhaus.com domain. Hence the sowndhaus.com domain has now been unsuspended, which is why you are reading this now.
sowndhaus.com will no longer make available, distribute and/or refer/link users to any sound recordings.
However, we neither admit nor accept that any unlawful activity or copyright infringement with respect to the DMCA claim had taken place, or has ever been permitted on our servers, or that it was necessary to remove the files or service under Section 29.21 of the Copyright Act (Canada) with which we have always been, and continue to be, in full compliance.
The IFPI when issuing a DMCA notification swore under penalty of perjury that they...
"...have a good faith belief that the above-described activity is not authorised by the copyright owner, its agent, or the law."
The use of copyright material as Non-commercial User-generated Content is authorised by law in Canada, where our service resides.
We believe that the IFPI are well aware of this, are aware of the jurisdiction of our service, and therefore that their DMCA notification is a misrepresentation of copyright.
Sowndhaus will continue to opperate under a new domain.
Sowndhaus takes all copyright infringement seriously and we have gone above and beyond our legal requirements to pro-actively remove files and ban users immediately in cases of genuine piracy as per our site's Terms And Conditions. This is a much stronger regime than would be required under the DMCA guidelines where users generally receive warnings and strikes before being banned, and where websites complying with the DMCA and seeking to avoid legal liability do not actively seek out cases of infringement, leading to some cases of genuine piracy remaining undetected on their services.
However, we respect transformative works that utilise copyright content in new and creative ways to form new works of art and will defend their legal rights under Section 29.21 of the Copyright Act (Canada) for "Non-commercial User-generated Content" and with "Fair Use", "Fair Dealing", "Parody", and similar copyright exemptions already existent in many jurisdictions worldwide, and reserve our right to host such works on our servers in full compliance with Canadian law.
Canada's Copyright Modernization Act is a forward thinking piece of legislation designed for the modern age. Without such copyright exemptions artists face an untenable situation where an entire genre of music (mashups) that has existed in its current form for almost 20 years is deemed illegal by corporations and their representatives, who in an overreach misuse their legal anti-piracy powers to hinder, stifle, and silence protected new forms of artistic expression with no repercussions for their false claims and misrepresentation.
We are more than willing to work with copyright holders and their representative in the fight against genuine copyright piracy, but wish they would reconsider their current policies and accept non-commercial transformative works as legitimate art forms with legal protections and/or exemptions in all jurisdictions.
Your account and files are still intact and safely on our servers in Canada where you left them.
Unfortunately we can not redirect or link you to them from this domain.
Sorry for the inconvenience
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