Slashdot Mirror
Russian Music Site Offering Legal Songs By The MB
An anonymous reader writes "The Sydney Morning Herald is reporting on a Russian Music site that is offering legal digital music by the MB. The site apparently has a license from the Russian Music authorities to legally distribute songs for a fraction of the price of what is being offered by iTunes and others. The report from SMH is here. Amazingly, the site offers files in any format and encoding you choose and rips it on the fly. Notifications by email follow when the songs are ready for download. Sounds a little to good to be true :)"
If you import legally purchased marijuana you will be in violation of drug possession laws. But can you name a law you would violate when importing a legally purchased piece of music? Private individuals import lots of music all the time with no legal problems.
I'm no expert on the matter but if I buy a CD from Russia that's $15 cheaper than in my country, do I have to pay again to the local RIAA just because I got it cheaper? Does it make the record illegal if I got it cheaper from Russia? No. If I buy legal online music from Russia instead say.. iTunes, does it make the songs illegal? I doubt. Why would it be? The only reason what I really can come up is RIAA way of thinking "it's never too expensive".
It's probably great for Russians. But for Americans at least, the site is illegal.
Our laws prohibit most unauthorized distribution and reproduction of copyrighted works in the US per 17 USC 106. The party that can authorize it is the US copyright holder -- this is prone to be a different entity than rights holders abroad.
While some degree of importation is allowed per 602 and 109, this doesn't qualify. A copy isn't merely being brought into the country, but rather due to the way computers work (see the infamous MAI v. Peak case, which while wrong is commonly relied upon), a new copy is being made on the downloader's end that did not originate in Russia, and thus wasn't imported as 602 requires. (Though what it was copied _from_ did -- it's the difference betweeen a CD that can be brought from place to place, and making a tape of what you hear on the phone)
Even the ability to legally import unauthorizedly is somewhat limited; the idea is that if we have copyright laws domestically, to allow people to do an end run around it by operating in a country with less or no copyright, then importing works here en masse would result in things being, well, fucked up, basically. This site basically demonstrates how such a thing might happen.
The Russians are probably fine -- if they're careful, RIAA won't be able to shut them down. OTOH, Americans using the service could get into significant trouble if they're caught.
All that having been said, I'd like to see the law changed to better suit the desires of the public, but for now there are problems for this.
-- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
I don't complain of either personally. Outsourcing is fine for both consumers and businesses in my book.
As has been said many times before, not all of slashdot speaks with one voice. When you see those topics with 800-2000 comments, it's because there is significant disagreement. If everyone agreed, there wouldn't be much to say.
You are right that there can be a certain hypocricy in saying that consumers should be able to get cheap wares from Russian markets, yet that our jobs should not be outsourced there. However, the charitable thing to do is to assume that no one holds both those positions until seeing someone that does. What makes you think otherwise?