Advice regarding acceptability of torrent requested

[ianmacd]

I recorded the Pixies last night at Amsterdam Heineken Music Hall and was planning to make the torrent available today via DIME. In fact, that's exactly what I did.

Unfortunately, within 5 minutes, the torrent was banned and I was threatened with demotion.

The reason is that last night's concert was also professionally recorded for immediate sale after the gig as a 2 CD set, USB stick, digital download, etc. This limited release gave the recording of the evening's performance the status of an official release, thereby putting me in contravention of the DIME uploading regulations.

This was clearly my fault. Although I'd previously read the uploading regulations a dozen times, I didn't reread them before this particular upload, and this happened to be a unique torrent, in that it was the first time I had recorded a gig that had also been professionally recorded. So, a clause in the regulations that I had forgotten about, because it hadn't previously applied to me, was now very important.

You live and learn. I ate a lot of humble pie with the DIME admins and the matter is now settled.

Of course, even without rereading the uploading regulations, I knew I was uploading an audience recording of a gig that now had a limited official release. However, because my recording was an audience one, I saw it as original material and thought this would be allowed. Obviously, I'd never rip the professionally recorded CDs and post those.

In the few minutes that the torrent was available on DIME, I received a few PMs from people who would like to obtain it. The trouble is, I'm not sure where I can post it without contravening site rules.

I've looked at TTD's seeding policy and the closest it comes to addressing this issue is here:

3. No official or out-of-print material is allowed.
To keep our site legal, we will strictly enforce this ban on officially released songs being included on any seed. This includes any out-of-print or deleted albums, alternate mixes of official music (ala Dr. Ebbett's)...

Is my recording of last night's gig deemed official by virtue of the fact that another recording of the same show has received a limited official release?

Or is my recording perhaps the live equivalent of an alternate mix, as described above. Is that the case?

Perhaps my recording is imply allowed. The problem is that the language used in the seeding policy, as interpreted by me, is just not precise enough.

Obviously, I'd like to post the torrent here, but desire not to upset anyone. I've managed that once today already.

Can someone from TTD offer me an authoritative response?

[U2Lynne]

We allow uploads of audience recordings when there are official releases of the same show - unless the audience recording *is* the official release, of course! The Pixes are also not on our Band Restriction Policy, so it should be fine to upload here.

[rspencer]

Besides, IIRC, the Pixies even allow trading of the actual releases.

[Five]

Originally Posted by ianmacd

Of course, even without rereading the uploading regulations, I knew I was uploading an audience recording of a gig that now had a limited official release. However, because my recording was an audience one, I saw it as original material and thought this would be allowed. Obviously, I'd never rip the professionally recorded CDs and post those.

this is how we see it at TTD