The MIDI Conspiracy

by Dean FH Macy, Lit.D.

FBI ARRESTS MIDI SITE OWNER ON CHARGES OF CONSPIRACY

Today the TRYCHO Corporation charged Midi Haven with conspiracy to defraud Trycho by displaying midi files on the internet which are the sole property of Trycho without asking permission to distribute their files or paying for the right to distribute their commercially copyrighted midi files. Midi Haven has been sued for $6.6 million dollars in damages and the FBI has set up a surveillance team to investigate this internet site's owner.

According to the site's owner, she became aware of unknowingly having commercially made midi files on her site. She polled every midi file on her site and removed the files with certain letter combinations or files making reference to copyright codes or to Trycho by name. Midi files are freely traded over the internet and very rarely does a website owner check copyrights contained in a midi file. In this case, it wouldn't have mattered because whomever transmitted these files removed copyright markings prior to downloading them into the Midi Haven's site. Unless the company who produced the copyrighted midi program recognizes one of its files by doing a search of a midi site, there is no way an innocent person can be certain a midi file is legal.

The serious problem facing us as citizens is that major companies like Trycho can file with the FBI for charges to be brought against us without first notifying us that we have their property. In the United States, under the Constitution, citizens have certain rights and one of them is to be notified in advance of pending legal action against them. Not even the US Government can arbitrarily enter your home and seize your furniture or break your kids legs or take your car or home without first filing a Notice of Intent with a provision for payment to prevent the action. Why should this be different for crimes over the internet? Especially when the victim is unaware she has committed a crime? We do not live in a police state nor do we live under communism. We as US citizens have rights under the law and those right should NOT be violated by large corporation bullies.

Again, this is a time for us to protest in the strongest possible way to our Government by writing letters to our elected representatives, decrying this outrage and violation of human rights.

FOX AGENCY CLOSES DOWN MIDI SITES

Harry Fox Agency has closed down several midi sites for distributing midi files charging copyright infraction. According to their legal department a midi file is a sound recording, an aural music file and therefore falls under the copyright act covering sound recordings. Under the current copyright laws, midi files are not listed as aural or sound recordings, however, a proposal is sitting in congress that would allow a midi file to be classified as a recorded music file like a wave or a Real Audio file. Fox, by pointing a finger at midi site owners, and labeling them as criminals, violates the US law that protects individuals against tyranny and oppression by individuals and corporations who attempt to take away our freedoms by force. Most people, including midi site owners, are not aware that Fox is violating the US constitution and most other countries laws, and are buckling under threats of a lawsuit or worse. Unfortunately giant corporations have large hammers and occasionally use them to beat up the little people.

We, as citizens must gather together and oppose this illegal action by Fox. We cannot do this unless we band together as a worldwide force. In the United States we need to write letters to our congressmen and senators protesting their actions against the distribution of midi files. Why?

A midi file is NOT a sound recording like a wave file or a CD. A wave file or CD is made by digitally encoding an analog sound onto a hard or soft medium. The sound is reproduced when a player decodes the sound and plays back the analog music. A midi file does not contain a digitally encoded sound nor does it contain a digital reproduction of sheet music, as many believe. MIDI, Musical Instrument Digital Interface, was designed prior to its use on computers to send program information back and forth between instruments. It allowed instruments of different design and construction to play music composed on dissimilar instruments. Music made by someone playing a guitar could now be listened to by feeding the midi program information into a keyboard. Today, for computers, we use sound card technology to accept midi information as if it were a musical instrument and "play" the resulting sound through computer sound systems. The result is not a recreation of the original sound. The resultant sound depends upon the quality of the sound card and the waveform information embedded in the sound card. (A played CD reproduces the original sound of a sound recording.) Since a midi file is a set of instructions and not digitally encoded sound, each sound card will interpret the information flow differently. What you hear will be the result of whatever sound generation algorithm is embodied in the sound card.

If you need a complete technical description of a midi file this writer suggests you query Alta Vista by typing the question "What is a midi file?" and linking to the various sites which detail the construction of the midi information stream. The MMA (Midi Marketing Association) which detailed and mapped the General Midi settings we use today over the internet is the chief source.

In summation, a midi file, because of its make up of instructional information and not recorded sound, does not fall under the protection of copyright for sound recordings and is therefore a form which should be allowed to be distributed over the internet as shareware programs. Unless we can petition our elected public representatives to vote against the bill which would allow midi files to be reclassified as sound recordings, we will be stuck with the resulting law and hundreds of midi site owners will be hauled off to jail or have their lives destroyed by Fox liquidating assets. Please help to prevent this illegal abuse by writing your representatives.

BMI & ASCAP THREATENS MIDI SITE OWNERS WITH LAWSUITS

Better Music Incorporated and the Association Society of Composers, Artists and Performers have begun to cite midi site owners for the playing of copyrighted music on the internet. Officials state that any copyrighted music reproduced on the net constitutes a performance and therefore falls under the rights of performance laws. Midi site owners, they say, must pay performance right fees for each piece of music which is played, every time it is played. The standard fee is .071 cents per song per performance. When this writer contacted BMI and ASCAP he was told that any performance of copyrighted material, public or private, violated international copyright law and carries stiff fines up to one million dollars per performance unless a fee is paid prior to the performance. The BMI fee is $250 per year and the ASCAP fee is $500 per year minimum

The writer jokingly stated that, "Are you telling me that when I whistle a tune as I walk along the street or sing a copyrighted song to my children, I am violating copyright laws." "Yes," he was told and as soon as they complete the legal actions against internet music sites they will actively go after me and others who abuse the copyright that protects composers by whistling and singing songs in public places. "You've got to be kidding," this writer exclaimed. "What will you do? Have spies everywhere?" He received a strong "Yes!"

THE LAST OUTRAGE - FBI TO MONITOR EMAIL ON THE INTERNET

Due to the action being taken against a midi site owner who unknowingly posted commercially made midi files on her website, the FBI will begin to monitor all emails sent over the internet for possible violation of US Law.

This is the partial wording from the summons the midi site owner received: "As of the date of our filing, two private investigation agencies continue to inspect the Defendant's website for the presence of infringing recordings. The site is also being monitored for the potential appearance of warnings by the Defendant to the general public or other website operators regarding evidence in our suit. If such statements should be posted by the Defendant, we intend to file additional complaints of Conspiracy and RICO violations."

Included with the 32 page summons were copies of letters written by Stephen Kern of Trycho to Mr. Vincent Castelluci at Harry Fox Agency, Special Agent Charles Neal from the FBI, the US District Attorney in the Music Copyright Infringement Division, and Special Agent Jeff Bauer from the FBI. The letter to Jeff Bauer, contained the list of other companies Stephen Kern notified of the website owners "illegal acts." The other companies he invited to file charges against the owner included, Polygram Music, MCA Music Publishing, EMI Music, Realsongs, Warner Music Publishing, Acuff Rose Music Publishing, Laminations Music, and Walt Disney Music Company.

Her site is now monitored for warnings to the public. Email monitored by the FBI. What is this? Communism??

We live in a new age; the age of information. Laws governing the flow of information need to be reworded or changed to allow for this freedom of information over the internet. This writer agrees that composers and musicians music should be protected but Fox is overstepping and is working to overprotect in such a way as to prevent any music from being heard except in concert halls and on sound recordings. Some of the music we purchase is bought because we heard someone whistling it or singing it outside a concert hall or stage. Every time this happens we honor the composer who brought it into being and help him to feed his family. Have you ever met a composer who didn't want his music to be heard?

Can you imagine the day you are arrested for whistling a happy tune while you are walking down the street? "That will never happen," you say.

ARE YOU SURE?

For detailed information about these stories and who the victims are you may wish to link to:
http://thor.prohosting.com/~midisrch/cgi-bin/write.html until the FBI shuts this down also.

To express your anger to Trycho they are at:

Trycho Music International
2166 W. Broadway St. #330 Anaheim California 92804
1-800-543-8988 (U.S and Canada)
1-909-696-3577 (Outside U.S) 1-909-696-3571 (fax)
Email trycho@mindspring.com
http://www.trycho.com/

Please state at the outset that the information you have received did not come from the Midi Haven's owner; that it came from an independent source, so as not to endanger her (which is why her name is not included here). You can discover her name by logging onto the link we provided.

Dean FH Macy, Lit.D./Mus.D.
"Specializing in Management of exceptionally talented youth in Music"
http://www.newenglandtalent.org
EPI Records - NetWork Films

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