Nuclear Blast Records has issued the following statement regarding the label’s recent lawsuit with the BitTorrent network over illegal music downloads of an album by Oakland, California-based extreme metallers ALL SHALL PERISH:
“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.”
According to TorrentFreak.com, the above-mentioned lawsuit was brought on behalf of Nuclear Blast against individuals alleged to have downloaded ALL SHALL PERISH‘s latest album, “This Is Where It Ends”. The lawsuit was not only brought without the band’s permission, but also without their knowledge.
“The band wasn’t consulted whatsoever and none of us have ever heard of this company,” ALL SHALL PERISH manager Ryan Downey told TorrentFreak.com.
ALL SHALL PERISH‘s fourth full-length album, “This Is Where It Ends” sold around 8,400 copies in the United States in its first week of release to debut at position No. 50 on The Billboard 200 chart. The band’s previous CD, “Awaken The Dreamers”, opened with 5,000 copies back in 2008 to land at No. 126.
“This Is Where It Ends” was released in July 2011.
In December 2008, the Recording Industry Association Of America (RIAA) abandoned its litigation campaign against file sharers after having targeted some 18,000 individuals, usually naming dozens or hundreds of defendants per suit.
Most of the defendants settled out of court for a few thousand dollars rather than risk Copyright Act fines of up to $150,000 per purloined music track.