BuzzyFan wrote:
Um, just for perspective's sake... This is all being discussed on a website dedicated to the streaming of music and live performance recordings from said theme parks. Disney could very easily slap down a C&D/DMCA notice on stations like this one, especially for the live recordings. IANAL, but as far as I've been able to tell, streaming itself does not automatically equal fair use.
Jus' sayin'. No offense intended, but if you're going to take issue with people going where they shouldn't on Disney property, you might be picking and choosing on your own sense of entitlement quite a bit not to consider the music you're enjoying.
I thought a long time about this, and from a literal perspective, you are right. By the most strict, literal interpretation, yes, Disney COULD shut Subsonic down. (Just FYI, I have no idea what C&D/DMCA or IANAL mean, they must be legalspeak that only mean something to those in the world of lawyers.)
However, there is a very important distinction. The music played on this website is doing Disney a favor. It advertises, promotes, and otherwise encourages people to think about visiting the visitor areas of Disney parks. There isn't any music or audio from training videos meant just for cast members. No one is posting in their trip reports photographs having been taken in restricted or prohibited areas. As a result, this website is pretty much like free advertising for Disney, and I'm sure they're loathe to spend money eliminating a website that promotes their product without them having to spend a dime. From a business perspective it makes absolutely no sense. No one here is naive enough to believe that Disney doesn't monitor what's going on here. Even the CM's who frequent this site are quite careful about what they post, knowing that Disney probably checks in on what's going on from time to time.
But the videos posted by the dude running around in restricted areas are entirely different scenarios. By not pursuing this guy, and by not setting an example, they would be condoning by their silence. And Disney does NOT want to condone allowing guests to enter restricted areas. Otherwise, why have restricted areas? Why even attempt to maintain the illusion with "stage" and "backstage"? The whole point of the way the MK in WDW was constructed was so that you wouldn't have a cowboy walking through Tomorrowland. If Disney hadn't pursued this guy, it would be like saying it's ok for anyone to go anywhere, and *poof* there goes the whole point of going to WDW. Then it becomes just another amusement park, with very few thrill rides, that's overpriced in comparison.