The problem is that each mix is made up of 30 or so tracks, some of which start and stop only for brief moments.

you're absolutely correct, which is why we took down the content.

the grey area is why do they think they can claim this content? the DJs definitely don't have the rights to play any song, sample or white label track they want, but they do. It would be impossible to actually figure out what human beings should get royalties for these "promotional tools," as we see them.

not only did we respond, we fully complied and took down everything they asked for within 6 days, except for the financial statement, they can eat a dick on that one

I don't think they'll be contacting me again.

I run a site that archives the BBC's Essential Mix radio show. We (my users and I) have been collecting these shows for the past 6 years. We've built a community around it that didn't exist anywhere else. These shows aren't available for purchase or download so we had no choice but to offer them in somewhat of a grey legal area.

June 1st, 2010 I received a Cease and Desist EMAIL from a company called Somthin' Else. They are the producers of the "Essential Mix" show, which then gets licensed to the BBC.

They said they wanted to discuss possible deals in their email but never responded to any of my 5 attempts (from different addresses) to contact them. I'm not sure if there was some other legal path I should have taken but I would think if they can contact me in an email then we should be able to convers further over email, but that is besides the point.

The main point is that this content is not available anywhere else so we had no option but to collect it ourselves. Not to mention all the free publicity it directed towards the DJs and the musicians.

I posted the letter on my site, mixriot.com, and my users barraged this guy with emails. Eventually he responded over TWITTER saying that they weren't the biggest hurdle. I'm assuming that means the BBC is starting to swing its hammer. I don't understand why the BBC would need to be aggressive, they are government funded, not advertising driven.

Below follows the entire email:

stuart.smith@somethinelse.com
Dear Sir / Madam,

It has come to our attention that mixriot.com is serving streamed and download content which includes BBC Radio programmes “The Essential Mix” and “In New DJ’s we trust”.

As the producer and copyright holder of both shows we have not granted rights to any third party at this time. We view any attempt to stream or to offer this content as a download in breach of copyright and therefore instruct mixriot to cease and desist any use of this content immediately.

As mixriot is the recipient of advertiser and subscriber income based on content delivered to date can you please deliver to Somethin’ Else within 30 days a statement of earnings to date and how much of this is due to SE for the above content.

Somethin Else welcomes new business opportunities throughout the world and would be interested in discussing applications and uses of our content with genuine business partners. If you would like to discuss these opportunities then please contact me.

If you do not respond within 7 days then we will pursue other courses of action.

Yours faithfully,

Stuart Smith
Finance Director

Somethin' Else
20-26 Brunswick Place
London
N1 6DZ
UK

Switchboard: +44 (0) 20 7250 5500
Fax: +44 (0) 20 7250 0937