Discogs is clamping down on the sale of bootlegs

[Turboellis]

https://thevinylfactory.com/news/dis...sale-bootlegs/

It's a bit of a shame really. I'm quite fond of some of the bootlegs I've bought over the years. I'd still kinda like to own a copy of Television's Arrow LP.

Where's a junkie gonna buy his bootlegs from now on?

[johnnycasual]

I think the problem isn't just bootlegs, but the sale of counterfeit items as well.

It can only be a good thing really, some people selling are up in arms about it but have had a good run being able to flog multiple copies of new counterfeits etc or using it as an outlet to sell unofficial edits/remixes that haven't been cleared.

[Milesago]

You can't argue with the clampdown on counterfeits. If you've seen the rows of crappy Ramones, Clash, 999, etc vinyl 'reissues' at Utrecht, you can only agree. However, there is a grey area. If I set up my own 'reissue' label and use previously issued and now OOP CD-reissues as masters for my boutique psych/prog catalogue (c.f. Radioactive, Flawed Gems, Tapestry, etc) am I a bootlegger or a counterfeiter?

One dealer I know recently bought a large collection of Japanese bootleg CDs with a view to selling them on discogs. Listing them on discogs avoided the risk of putting them out on display at the big fairs, where seizures are on the increase. So he's been caught out. Also, discogs have removed all previous sales information about the bootlegs, so he can no longer see which edition of the Yes 76 US Tour 3xCD on Oh Boy is worth $$$. But it's not the end of the world, he can still sell them on CDandLP.com.

[Turboellis]

The main thing is that they don't delete the information. That really is important. Let's not go back to the dark ages.

[Cacapo]

Its a good thing really. A friend of a friend of a friend got fined 3k by a German lawfirm for "distributing" a vintage Led Zep boot a few years ago.
It's an easy trap for anyone to walk into without any bad intentions.

[Turboellis]

Its a good thing really. A friend of a friend of a friend got fined 3k by a German lawfirm for "distributing" a vintage Led Zep boot a few years ago.
It's an easy trap for anyone to walk into without any bad intentions.

1 copy?!?!

[Cacapo]

yup.

[Yemsky]

yup.

You don't "distribute" one copy.

[Tsundoku]

All the Radioactive, Phoenix stuff is now blocked from sale. Good. I still wince when I see it in shops that should know a lot better.

[Cacapo]

You don't "distribute" one copy.

I don't think there is a legal distinction but I can change my wording if it bothers you.

[Turboellis]

yup.

Whatever the semantics, that kind of fine for selling 1 bootleg seems disproportionate. I wonder if the guy had some 'previous' ...

[Cacapo]

Heres a German article on the subject.

http://www.deadmagazine.de/2015/07/2...f-discogs-com/

[Turboellis]

Wow. Illegal to actually sell in Germany? That's pretty heavy-handed.

But then Japan has about the most heavy-handed law about illegal file sharing, which is in fact only rarely enforced.

[Yemsky]

Heres a German article on the subject.

http://www.deadmagazine.de/2015/07/2...f-discogs-com/

That's an interesting story indeed as it mentions a Abmahnwelle against German sellers on Discogs. This is the bread and butter business of some German law firms. They find something that is not koscher with your listing (you don't display the correct legal disclaimers, you do not mention the consumer rights, etc.) and they send you a cease and desist order (Abmahnung) with the threat of taking you to court. Even if you comply you already owe them money (and easily a few hundreds or thousands) for their effort to enforce your compliance.
Many industries and certainly many forms of online trading, from big eTailers to small eBay sellers, have been hit with this again and again in Germany or when dealing with German customers.
https://business.trustedshops.co.uk/...-legal-warning
https://www.toytowngermany.com/forum...omment=2546760

[Turboellis]

Vinyl Factory weigh in:
https://thevinylfactory.com/features...ns-for-future/

Even a guy who was bootlegged himself thinks that "The USP (Unique selling proposition) from Discogs is basically gone."

I don't agree with that, but it just means that people who really want to buy them will get them elsewhere and possible prices will be driven up.