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1. In a major policy initiative by one of the nation's most enduring musical groups, the Grateful Dead will, under strict guidelines prohibiting commercial use, allow free Internet downloads of live performances taped by their fans via the popular but controversial MP3 format, the group's attorney, Eric Doney, announced today.
2. That a new medium of distribution has arisen - digital audio files being traded over the Internet - does not change our policy in this regard. • No commercial gain may be sought by websites offering digital files of our music, whether through advertising, exploiting databases compiled from their traffic, or any other means. • All participants in such digital exchange acknowledge and respect the copyrights of the performers, writers and publishers of the music. • This notice should be clearly posted on all sites engaged in this activity. • We reserve the ability to withdraw our sanction of noncommercial digital music should circumstances arise that compromise our ability to protect and steward the integrity of our work.
3. Doney, a partner in the firm of Donahue, Gallagher, Woods & Wood, said the Grateful Dead is believed to be one of the first major bands to adopt a policy that essentially endorses free MP3 music, a format some members of the recording industry have strongly condemned.
4. This means web site operators may not charge for downloads, may not solicit any form of advertising, may not post any type of banner advertisements and may not sell email addresses or other data about fans downloading Grateful Dead music.
5. Furthermore, the announcement follows recent dispute with the owners of a web site that posted MP3 files of Grateful Dead live recordings for free download but received revenues from banner advertisements.
6. Under the guidelines, any web site owner is free to post copies of the group's live recordings made by fans as MP3 encoded files but may not derive any form of revenues from the endeavor, Doney said.
7. "At the same time, the strict guidelines protect the Grateful Dead against the very real threat of pirated intellectual property posed by the trading and possible sale of MP3 files via the Internet".
8. The decision follows several weeks of discussion and review by the surviving members of the Grateful Dead and includes strict and non negotiable guidelines, Doney said.
9. "The members of the Grateful Dead feel this decision is important and far reaching for both the band and their fans," Doney said.
10. "This MP3 policy continues the band's long tradition of allowing free access to and trading of live recordings of their music and ensures that fans are not left with outmoded technology.
11. The Grateful Dead and our managing organizations have long encouraged the purely noncommercial exchange of music taped at our concerts and those of our individual members.
12. Only live recordings are sanctioned by this initiative, Doney said.
13. All of the files this app links to are sourced from the Internet Archive.