Industry style filesharing: Shakira song gratis for a day

Find five faults…

Just to make sure, I’m deliberately avoiding a link to the official download site. Who cares, since it won’t be available when most people will read this anyway?

Shakira, that latin artist from a couple of years ago, releases “her” new single for free today. Free as in gratis, not libre, and only today.

I can’t understand how they fail so much. Just the screenshot on the side here is filled with wrong-think.

  1. It’s for US residents only. (nationality? on MY INTERNETS?!)
  2. You have to submit personal data: E-mail, zip code and date of birth.
  3. You inadvertently sign up for a mailing list.
  4. All submitted personal data will  be shared with ABC.
  5. A privacy policy by Sony BMG? Not even worth reading.
  6. There are terms of service. Not a license (like Creative Commons).

Notice also that the Terms of Service only describe how links to third party sites work (random blahabla for the Sony BMG site), nothing actually relevant for the copyrighted song I’m about to request a download for.

Waiting for the download link…

Unfortunately, however, their email system sucks and tries to send e-mail from an invalid server.

My mail server has implemented the Sender Policy Framework. This means that a DNS entry can control which mail servers are allowed to use certain domain names as MAIL FROM. So their mail wasn’t delivered at all in my first attempt…

reject: RCPT from[]: 550 5.7.1 <>: Recipient address rejected: Please see [OpenSPF description]; from=<> to=<> proto=ESMTP helo=<>

After temporarily disabling my SPF plugin it looked better.

Also, their HTML formatted e-mail with external links to images which are blocked in my mail client by default looked really… neat…

Ah, so finally I got it! And I’m not even a US resident. Sweet. Now the question arises, what am I supposed to do with my file tomorrow? Obviously I can’t download it again tomorrow, and the link in my e-mail stopped working after the first download.

  • Am I allowed to have it in the first place? I’m not a US resident, which was a rather explicit demand on their form.
  • Am I allowed to keep it? I haven’t even seen a distribution license for the song, so I don’t know what my rights are.
  • Am I allowed to share it today? Well, apparently anyone can download it today – but with the requirement to supply a working e-mail address.
  • If so, am I allowed to share it tomorrow? Because tomorrow you can’t get it from the official source for free.
  • I think it’s worth a shot. So if you want to download Shakira’s new single She Wolf, go ahead: Shakira – She Wolf – though I wouldn’t recommend it.