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ALL SHALL PERISH Is Not Suing Illegal Music Downloaders

April 27, 2012

Oakland, California-based extreme metallers ALL SHALL PERISH have not sued, nor have they authorized anyone to sue on their behalf, fans who illegally downloaded the band's music.

Earlier today, it was reported by both Miami New Times and TorrentFreak that a Panamanian company called World Digital Rights filed a lawsuit last week in Miami's federal courthouse seeking $150,000 in damages, as well as court costs, from 80 anonymous music fans who allegedly illegally downloaded tracks from the group's newest album, "This Is Where It Ends".

The suit (case number 2:12-cv-00225-UA-SPC),which was filed on April 20 in the US District Court For The Middle District of Florida, reportedly seeks to identify dozens of their fans who allegedly shared their music on BitTorrent without permission.

"Upon information and belief, each defendant went to a torrent site to download a torrent file and then downloaded and uploaded the copyrighted Work within the BitTorrent network," court papers read.

In a letter to the Miami New Times, ALL SHALL PERISH's manager, Ryan Downey of Artery Foundation, writes, "The headline [of the Miami New Times article] is factually untrue, the lede is aggressively presumptuous at best and libelous at worst; in fact, by the time it makes it to 'graph 4, it flat out contradicts the headline and lede.

"I can assure you, ALL SHALL PERISH HAS NOT FILED SUIT AGAINST ANYONE.

"The blog says, 'Omar Ortega, World Digital's attorney, could not be reached for comment."

"I have no idea who Omar is, or World Digital, nor does anyone in the band, or their attorney. But we all can be reached for comment EASILY. Had the writer made even the simplest attempt to contact the band, the label, or myself, we could have told him IMMEDIATELY we have no idea what this is about."

In a separate statement posted on ALL SHALL PERISH's Facebook page, the band writes, "ALL SHALL PERISH ISN'T SUING ANYONE, least of all our fans. No idea what this blog is talking about. WE AREN'T SUING ANYONE. We have no knowledge of any lawsuit. Our management and legal representation know nothing about it. Nobody from this blog contacted us to ask about it, either. We are looking into it and exploring our options."

In December 2008, the Recording Industry Association Of America (RIAA) abandoned its litigation campaign against file sharers after having targeted some 18,000 individuals, usually naming dozens or hundreds of defendants per suit.

Most of the defendants settled out of court for a few thousand dollars rather than risk Copyright Act fines of up to $150,000 per purloined music track.

ALL SHALL PERISH's fourth full-length album, "This Is Where It Ends", sold around 8,400 copies in the United States in its first week of release to debut at position No. 50 on The Billboard 200 chart. The band's previous CD, "Awaken The Dreamers", opened with 5,000 copies back in 2008 to land at No. 126.

"This Is Where It Ends" was released last July via Nuclear Blast Records.

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