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Cease and Desist     
Written by Administrator     
Saturday, 18 February 2006 
Comedy adult homepage, Upthegary.com, are reporting they received a cease and desist letter from Axl's lawyers for hosting IRS. The letter said,

Dear Sir or Madam:

This law firm represents W. Axl Rose. I am authorized to act on his behalf with respect to his intellectual property rights. It has come to our attention that you have posted a link enabling a user to stream a song from Mr. Rose's forthcoming "Chinese Democracy" album. Specifically the sound recording of "I.R.S." is available for streaming by accessing http://www.upthegary.com/01_i[1].r.s.mp3. This violates both the copyrights in the musical composition as well as the sound recording.

Copyright infringement is punishable through the imposition of injunctive relief as well as actual damages in the amount of your profits, or in the alternative statutory damages up to $250,000 per infringement, punitive damages, attorneys? fees, and costs of suit. Please confirm immediately that you will cooperate and remove the sound recording and destroy any copies, electronic or otherwise, in your possession. Should you fail to do so, Mr. Rose will not hesitate to exercise all of his legal rights against you, including suing you for copyright infringement. Thank you for your anticipated prompt cooperation.

Sincerely,
/s/ Greg Gabriel Greg Gabriel, Esq.
Greenberg Glusker Fields Claman Machtinger & Kinsella LLP
1900 Avenue of the Stars
21st Floor
Los Angeles, California 90067
(310) xxx-xxxx
(310) xxx-xxxx facsimile

Please note that Upthegary.com has some extreme adult content.
 


 : ok:

This proves that AXL is NOT in favor of any leaked material and people need to STOP leaking it or suffer the consequences.

Interesting. What about WAAF and the other radios?

BS !!!!

I guess this means Axl's lawsuits start now.

hahaha, damn that's harsh! ;D
i love it.
axl must be so mad now, which sucks.
this will surely be interesting.
any stupid conspiracy theory suggesting that axl leaked the clips can be laid to rest now, thank god.
does this also actually confirm that IRS was slated for chinese democracy? very interesting.

I wonder how many unofficial forums will get this same letter.

Some probably still have links posted.

Axl made us wait for too long. It's a miracle it didn't happen way earlier... in 2001 or 2002...

anyone could have made that letter, heaps of people are against the releases. its fukin bullshit if you ask me, I WANT TO SEE AXL HAVE SOME BALLS AND DO THIS DIRTY WORK HIMSELF!!! maybe with a wmv or something.

fake letter to a fake website i guess.

Until the radio stations that are playing the song(s) over and over get the same cease / desist, I'm going to feel that this is just standard 'protect the copyright' action that would happen with, anything.

The letter's pretty standard, afterall.

-darknemus

Yeah, I kinda doubt this stuff. When radios get a similar letter, then I'll believe it.

That's what I don't get?.....Radios all over the country are playing IRS every hour...yet they are allowed to do so....WTF is going on here?!

Is there anyway to prove this is real ?




Suing fans, nice one



It feels fake

i kinda feel bad for axl that all this is happening, it's a bitter-sweet situation for me.
he worked so hard on this groundbreaking material, just for it to be leaked onto the internet.
sucks.
but we'll see what happens.

You people crack me the fuck up.

Is this real?

Like Axl's management or lawfirm is gonna send out fake Cease and Desist letters. ::)

So because it's Axl or because you label him a perfectonist that makes it right to sue the people who put you where you are in the first place

this letter has FAKE written all over!!!

http://www.sp1at.com/index.php?option=com_content&task=view&id=160&Itemid=28

Funny that they should send it to upthe gary.com (wtf??) and yet not to the stations that have been playing it hour after hour for nearly a day. odd that.

I was thinking the exact same thing...

It's his own fault though.  He played those tracks in Vegas and he made all of us wait this long.  His faulton two fronts.

People don't be so naieve. ::)

Like a radio station is going to tell us that they received a Cease and desist letter from Axl's lawyer(s).

I bet they already have received something and just won't be playing the songs again, but to save face they will just not say why they aren't playing them.

The source is sp1at how more naieve can you get.

:hihi: Good one.

they were playing IRS ?for atleast ten hours. If it takes axl's lawyers 10 hours to get a cease a desist out then they should be fired.

It would be naive to think there is no reason why it took so long. They have to be seen to be protecting their assets, so they send out letters to upthegary.com (who gives a shit about them) and let huge rock radio stations play it for a little bit longer.

i don't think the leak was intentional but once it was seen to be unstoppable they decided to ride it and see how much they could get.

Yep, totally agree with 2naFish here.

Also, wouldn't the letter typically also mention "Guns n' Roses" in some fashion, seeing as to they are more than likely the 'entity' that holds copyright over the material?

I mean, I know in the previous cease / desists we've seen from Sanctuary or attorneys, they have actually mentioned GNR by name -  but its been a while since we've seen one, I guess.

-darknemus

Apparently some website has been contacted by axls lawyers and told to stop streaming i.r.s its from splat so take it as you will. ?http://www.sp1at.com/index.php?option=com_content&task=view&id=160&Itemid=28 

Apparently this has been posted at least twice today already  :hihi:

Yikes...........250k fine.......

 :o

FAKE!!!!! check out link http://www.ggfirm.com/attorneys/attorneys.php3?act=l3&id=66

tax lawyer ????? 

song called IRS


too funny :rofl:

The guy that owns UpTheGary.com is a Usenet troll that redirects people to his homepage on a consistent basis.

He should be ignored.

well looks like merck has told madison over at mygnr.com that they have been sending out cease and desist-letters to radio stations now and they are complying. once again it looks like i was right and all you dumb conspiracy theorists were wrong.

Cease and Desist

C hinese Democracy

:)

clever :confused:

Damn, WHOEVER wrote that letter is pretty damn good.

man, don't be so serious

You can see for yourself how the UpTheGary.com owner redirects various fan groups (Korn, GNR, etc.) to his webpage with promise of various things (new Korn album, new GNR tracks):

http://groups.google.com/groups/profile?enc_user=_eLoPRQAAACk94vWLl4UQMq26wTrU6q5OPANdqfI6prRsqjc7uCt1A&hl=en

A cease and desist doesn't mean a lawsuit. They're standard practice. You send the letter, the person stops hosting the copyrighted material. There's no lawsuit.

If they keep doing it, there could be.