Written by DJ Rancid on May 14, 2000.

I am a Napster user, and recently, it was brought to my attention that I, as well as a number of people, were being banned from using Napster because of having posession of one or more Metallica MP3's. This I plead guilty to, having a few, but this is not my problem with Metallica.

My problem is that I use Napster to legally promote and distribute my own music, that I create as an unsigned artist. I depend on the good people at Napster to come out with the software that makes my music heard all over the world. Now, Metallica feels the need to sue Napster for infringing on all their copyrights, while in reality, Napster clearly states in their legal policy that their software is not for the distribution of illegal and illicit MP3 files. Napster is not at fault at all here. So, somehow, Metallica manages to come through with the lawsuit, and that leaves the common Napster user fucked over. Although I know that I shouldn't have had those few Metallica MP3's on my computer, I also know that it is completely illegitimate to go as far as ban a user whose main purpose is to promote and distribute his own music to other people. I have pled my case to the fucking imbred pieces of pig shit resenting Metallica, and all I get in response is another lawsuit, for "personal infringment of copyright and distribution laws" for 6 FUCKING MP3 FILES! Unbelievable!

So, in a last desperate attempt, I furthered my opposition by saying that I hadn't been aware of these MP3 files being on my computer, which I wasn't. Even after explaining that, they explained that even the possesion of these files, knowingly or unknowingly, is illegal and punishable by law. Yeah fucking right! So, there is not much I can do, myself. But DO NOT think that I'm giving up.

I want every musician and music lover to stand up for themselves! I'm a creater of music. I do it for free. I do it because I love music. I don't do it because of the money, and I sure as hell won't put up with these fucking asshole artists that think that they have it made because of good PR and marketing teams. Well, ***NEWSFLASH*** guys, MONEY DOESN'T MAKE GOOD MUSIC. Fuck anybody who thinks that. Fuck you, Metallica, you fucking illiterat, un-educated, no-talent motherfuckers. Your fans won't put up with this shit. I won't put up with this shit. FREE MUSIC! FREE FUCKING MUSIC so that everybody can have their voice heard, not just rich piles of shit like yourselves. I think I speak for all FORMER Metallica fans when I say:

FUCK YOU!

Note: This is the e-mail sent to me and 317,337 other users.

Notice of Alleged Infringement and Counter Notification

Notification Of Allegation Of Infringement

The band Metallica has requested that your access to Napster be terminated for alleged copyright infringement. Please read this entire notice carefully.

On Thursday, May 4 the band Metallica delivered to Napster a computerized list of 317,377 usernames alleged to be infringing Metallica's copyrights. Metallica explained that these usernames had made available for others to download materials that Metallica claims infringed its copyrights. Metallica has requested that, in accordance with Napster's copyright policy, these users be banned from the Napster service.

If your Napster software redirected you to this page it is because Napster has received an allegation from Metallica (and its related businesses Creeping Death Music and E/M Ventures) that your user name or handle made available through the Napster system allegedly infringing materials. Metallica stated to Napster that it considers infringing materials to be:

"only the songs and recordings originally included on commercially released Metallica albums, and [to] not include so-called bootleg Metallica recordings. Metallica makes no claim of copyright infringement with respect to recordings of their songs made by fans at Metallica live concerts." Metallica has provided Napster with your user name asserting that you were a person who was making available the types of allegedly infringing materials described above.

Due to the nature of the documents delivered by Metallica and the methods used in collecting Metallica's information, Napster cannot itself determine whether or not the files that you were sharing fell within the category described above that Metallica claims are infringing. However, under the Digital Millenium Copyright Act, 17 U.S.C. Section 512(c)(3)(vi), Napster will disable access when, as here, it has received a notice from a copyright holder claiming under penalty of perjury that you have made available material infringing his rights.

Policy for Counter Notification

In compliance with the DMCA, 17 U.S.C. Section 512(g), Napster will reinstate any user who disputes Metallica's allegation of infringement via a sworn "counter notification," and who after that counternotification is provided to Metallica, is not sued by Metallica within ten (10) business days.

In order to submit a counter-notification, you must certify, under penalty of perjury that you have a good faith belief that you were disabled as a result of Metallica's mistake or misidentification of files you shared as infringing. Your account will remain blocked unless and until you submit a sworn statement of all the information contained in the "counter notification" form found below. That form must include your full real name, address, Napster username, and your consent to being sued by Metallica in the federal court where you reside.

If you supply a "counter notification" form, we will send a copy of that "counter notification" to Metallica. We will restore access to your account within 10 to 14 business days thereafter, unless during that time our Designated Copyright Agent receives notice from Metallica that it has filed a legal action against you seeking a court order to restrain you from engaging in illegal activity.

If you believe you have not in any way infringed the copyrights of "Metallica songs or recordings originally included on commercially released Metallica albums," and that you were designated by Metallica by mistake or misidentification, you may choose to submit a counter-notification.

If you would like to comment on anything about this matter to me, you can contact me at [email protected]

If you would like to give your two cents worth to Metallica, e-mail them at: [email protected]

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