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Music Site AllofMP3 Under Investigation

Nick Irelan writes "AllofMP3.com, a Russian music site that is famous due to its low prices, has been accused of copyright infringment. Although the site said it bought licenses, some record companies are claiming that the documents it purchased aren't valid. The Moscow Police Computer Crimes Division has investigated AllofMP3 and the Moscow Prosecuter's office must decide what it will do by March 7th."

521 comments

  1. Damns..... by Anonymous Coward · · Score: 0

    My whole collection is from there....

    1. Re:Damns..... by CmdrGravy · · Score: 1

      I've got quite a lot of stuff from there too and I like it !

      It's great for sampling bands because really low bitrates are enough to get a good idea of whether I like it or not and cost less than pennies.

    2. Re:Damns..... by orthogonal · · Score: 5, Funny

      My whole collection is from there....

      STFU album parasite!

      Even if AllOfMp3 is legal, by buying our albums offshore, we take away the jobs of hard-working Americans in the recording industry, little people who toil for as little as 70 or 100 thousand dollars a year.

      It's willful moral blindness to rationalize this kind of assault on the American worker as "watching the bottom line" or "getting lean and mean" or as "fiduciary responsibility" to your shareholders -- especially when almost all of the your savings on albums (as much as $15 per CD) goes into your own pocket and the pockets of your close cronies in the form of 'executive benefits', 'bonuses' and 'golden parachutes'.

      Can you imagine the hue and cry if an American company did the sort of thing you're doing by buying from AllOfMp3.com? If an American company did business overseas just because that was cheaper, and put most of the savings into top executives" salaries and benefits, while at the same time causing American jobs to be lost?

      Why that sort of thing wouldn't be tolerated for an instant, not by anyone who truly loves America! Congress would pass all sorts of new "Intellectual Property" laws to put an end to it, and the FCC would mandate that all TVs sold to the American public be modified to include hardware to prevent such theft. Because our leaders truly care about the little guy!

      So for shame! Stop your overseas out sourcing of your entertainment budget, and remember we don't do that sort of things to our fellow Americans!

    3. Re:Damns..... by superpulpsicle · · Score: 1

      Can someone just make it simple for me... what is the BEST?

      eDonkey2000 - what's a good server to connect?

      Soulseek - dying?

      Kazaa - too much spyware, forget it

      AllofMp3 - 10 cents a song, under investigation

      iTunes - 99 cents a song

      Walmart - 88 cents a song

      Napster - subscription

    4. Re:Damns..... by shark72 · · Score: 1

      "Even if AllOfMp3 is legal, by buying our albums offshore, we take away the jobs of hard-working Americans in the recording industry, little people who toil for as little as 70 or 100 thousand dollars a year."

      Your post was funny and all, but I was of the understanding that most people whose livelihood is in the entertainment industry make about the same amount of money that those of us in other industries -- that is, if you're a graphic designer for a 12-person indie label, vs. a graphic designer for a 12-person web shop, you'll probably make about the same. Sure, the top-paid executives in the record industry make an insane amount of money, but the same goes for the top-paid executives of the lawn mower industry, the computer peripheral industry, and just about every industry.

      The only "executive" I've ever known in the recording industry ran an indie label with about ten employees. Piracy hit him harder than it did the larger companies. When sales were down (for whatever reason), it meant that he laid off his friends. He worked about 60 hours a week and paid himself the princely sum of about $20K a year.

      Now, to be clear, I can understand that the image that you've projected certainly can be used to feel better about piracy, but I'm not seeing the evidence to support it. If you have data that shows that the average person in the recording industry makes $70K - $100K a year (which, FWIW, is shit pay if you live on one of the coasts and you're trying to raise a family), can you give a citation?

      --
      Sitting in my day care, the art is decopainted.
    5. Re:Damns..... by jerw134 · · Score: 1

      Rhapsody - $10/month, unlimited downloads, and very easy to rip songs into any format you wish. Best of all, it's based in the US and perfectly legal.

    6. Re:Damns..... by sundog61 · · Score: 1

      Isn't rhapsody content DRM protected?

    7. Re:Damns..... by Rico_Suave · · Score: 1

      "Even if AllOfMp3 is legal, by buying our albums offshore, we take away the jobs of hard-working Americans in the recording industry, little people who toil for as little as 70 or 100 thousand dollars a year."

      How cute. How many recording engineers do you know? How many administrative assistants? How many small band managers?

      Let me assure you, I know dozens (as I live in Nashville, TN and work tangentally with the music industry), and NONE of them make anywhere near 70K. They make $40K or less generally speaking. Your ridiculous comment is like pointing to John Carmack and saying all game programmers are millionaires.

    8. Re:Damns..... by Anonymous Coward · · Score: 0

      You left out the part about the kitten dying every time somebody buys an album offshore.

  2. legal side... by rd4tech · · Score: 2, Insightful

    So... what's preventing them from opening AllofMp4.com days after the first site is shut down?

    Is there a way how an online bussiness revenue can be *fully* tracked?

    1. Re:legal side... by Anonymous Coward · · Score: 0

      I'm not sure the jails internet facilities will allow them to run allofmp4.com efficiently?

    2. Re:legal side... by philbowman · · Score: 3, Funny
      So... what's preventing them from opening AllofMp4.com days after the first site is shut down?

      In Soviet Russia... they can send you to Siberia - it's rather hard to get a good broadband connection there...

      --
      Phil
    3. Re:legal side... by trusteR · · Score: 1
      Is there a way how an online bussiness revenue can be *fully* tracked?
      Well. Getting a hold of the details they signed up with to varius affiliate programs is nearly impossible. But the hoster/hosters is obligated to spill the beans to the police.
    4. Re:legal side... by Anonymous Coward · · Score: 0

      In Capitalist America, they can send Siberia to YOU!

    5. Re:legal side... by commodoresloat · · Score: 1

      Well, since most people are still using mp3 to encode music files, the mp4 site probably won't do too well.

    6. Re:legal side... by Anonymous Coward · · Score: 0

      Um... Soviet Russia was 14 years ago and older. What we are developing now is Fascist Russia.

    7. Re:legal side... by Xetrov · · Score: 1

      It's probably better than Australian broadband...

    8. Re:legal side... by Cyberax · · Score: 5, Insightful

      Be careful with your words.

      You don't live in Russia (I do). And from my point of view its America who is becoming a fascist country.

    9. Re:legal side... by X0563511 · · Score: 1

      And from my point of view (from america) I agree with you.

      How is the political situation over there now anyways?

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    10. Re:legal side... by Cyberax · · Score: 4, Interesting

      First of all, Russia was never a fascist country. It was totalitarian, but never a fascist.

      Current situation is quite an interesting one. Putin has done more liberal reforms in economic, than Eltsin did during his second term, but political situation is getting more and more like in USSR.

      It's all very complex for me to explain it in a short message :)

    11. Re:legal side... by X0563511 · · Score: 1, Insightful

      I understand. Politics outside of Bush are very complex. With Bush, its With or Against Us. Do or die.... OK, i'm gona stop before i get started.

      For once. JUST ONCE. I wish people would vote for who they think is a better leader, instead of voting with their party. If they can't decide - don't vote.

      Of course, that will never happen. I hate the idea of political parties, and I wish people would remember that (most) of our Founding Fathers was against it.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    12. Re:legal side... by Anonymous Coward · · Score: 0

      Be careful with your words. You don't live in Russia (I do).

      Translation; we got Trotsky when he'd skipped the country, we'll certainly get you. (^_^)

    13. Re:legal side... by WoodenRobot · · Score: 3, Informative
      For once. JUST ONCE. I wish people would vote for who they think is a better leader, instead of voting with their party. If they can't decide - don't vote.

      In 2000, "issue awareness"--knowledge of the stands of the candidate-producing organizations on issues--reached an all-time low. Currently available evidence suggests it may have been even lower in 2004. About 10 percent of voters said their choice would be based on the candidate's "agendas/ideas/platforms/goals": 6 percent for Bush voters, 13 percent for Kerry voters (Gallup). The rest would vote for what the industry calls "qualities" or "values," which are the political counterpart to toothpaste ads.
      source This is quite depressing...
      --
      ---
      "I did nothing. I did absolutely nothing and it was everything that I thought it could be."
    14. Re:legal side... by Anonymous Coward · · Score: 0

      the stance on most republican voters was probably "I don't like bush, but I'll die before I vote dem!"

    15. Re:legal side... by Anonymous Coward · · Score: 0

      It's quite sad that you can't accept that maybe, just maybe, people wanted Bush in office. People, including myself, voted for him because they believed him to be the most viable candidate.

    16. Re:legal side... by Geek+of+Tech · · Score: 1
      In Soviet Russia America rules you?
      In Democratic America you rule Russia?

      My brain hurts now...

      --
      Stop the Slashdot effect! Don't read the articles!
    17. Re:legal side... by Skye16 · · Score: 2, Informative

      I think the point he's trying to make is the majority of us get Shitty Choice A and Shitty Choice B. And then you get to sniff them both for a while and figure out which shit smells the least bad, and then you put that in office.

      I could go on and on with these analogies. A flaming stick in your left eye or an acid spewing stick in your right eye. Cat hairball in your left shoe or dog vomit in your right.

      Most people never get a candidate they actually believe in. They pick the best from a bad group. If you were one of the lucky ones who actually truly believed in Bush completely, then I must say, I'm jealous of your luck. But for me, Kerry was almost as bad as Bush and we had no one better to pick from. I've only been able to vote twice, but I'm seriously considering never doing it again. It's essentially pick-your-poison, and I guess I'd rather just not play that game at all.

      Or maybe I'm just cynical and jaded. /shrug

    18. Re:legal side... by Adams4President · · Score: 1

      So let me guess: all the citizens who voted for Kerry were extraordinarily enlightened and could think for themselves. Not like those stupid sheople who voted for Bush because if you voted for Bush, you weren't thinking on your own, but merely exercising the collective mind of the Republican party? Give me a break.

    19. Re:legal side... by NYhXc · · Score: 1

      Yeah, and you can walk in Brooklyn, New York and get shot for no reason.... let's be serious, Russia is more secure than your "free America". (sorry @offtopic)

      --
      This is what I am
      I can't make it stop
      No matter how much I wanna change
      I can't make it go away
    20. Re:legal side... by Anonymous Coward · · Score: 0

      In Soviet Russia - domains register YOU.

    21. Re:legal side... by azuravian · · Score: 1

      This is the exact argument I generally make. It's also the reason that I voted for Michael Badnarik this past election. Did I have any reasonable expectation that he would win? No, but I voted for who I thought was the best person for the job. Isn't that what we're supposed to do?

    22. Re:legal side... by Anonymous Coward · · Score: 0
      you can walk in Brooklyn, New York

      I think you mean Detroit or Newark

    23. Re:legal side... by Anonymous Coward · · Score: 0

      what kind of first post is this?
      shouldn't a first post for this thread be:

      In Soviet Russia, mp3s infringe you!

      ?? or somthing?

    24. Re:legal side... by Beyond_GoodandEvil · · Score: 1

      "Or maybe I'm just cynical and jaded."

      On /.? that's unpossible!

      --
      I laughed at the weak who considered themselves good because they lacked claws.
    25. Re:legal side... by gordgekko · · Score: 1

      As long as you're not being shot by gangsters, having your apartment block hit by a massive bomb, having a school or opera house captured by violent Chechen terrorists or enjoying a criminal investigation by the government over your business practices, or etc..

      Sorry, but I'll take the United States any day (I live in Canada) over Russian "security".

      --
      You want to know who isn't running Firefox 2.x? They spell it "definately" and "rediculous".
    26. Re:legal side... by SirChive · · Score: 3, Informative

      Most Americans are no longer able to distinguish a Presidential campaign from the latest episode of American Idol. Watch TV and vote for who you like: that's all there is to it.

    27. Re:legal side... by SirChive · · Score: 2, Insightful

      No, the point he is trying to make is that most voters don't even bother to sniff them and figure out which smells the least bad. Instead they just watch the propaganda campaigns on TV and then vote with their "feelings".

      If the american voter bothered to sniff and think I'd still have some hope for this country.

    28. Re:legal side... by Anonymous Coward · · Score: 0

      since they also allow ogg

      how about allyourogg.net!

    29. Re:legal side... by Anonymous Coward · · Score: 0

      That's a very backwards statement. For a long time Russia had no problem whatsoever with terrorism. Why? They, quite literally, took shit from no one. If you wanted to take hostages, then the Russian govt was going to come after you. Hostages are secondary to you.

    30. Re:legal side... by gordgekko · · Score: 1

      For a long time Russia had no terrorism until they went rampaging through their former republics (actually, that's not true, they experienced terrorism in the 1970s and 80s after invading Afghanistan). Those Chechen terrorists aren't in Russia because the Russians are the friendly bear. I hear Grozny is proof positive of that.

      Don't get me wrong, I rather like the Russian approach to terrorist: no negotiating. Not a good thing if you're a hostage of course but it sends the right signal to the bad guys. You will die if you do things like this.

      --
      You want to know who isn't running Firefox 2.x? They spell it "definately" and "rediculous".
    31. Re:legal side... by infinite9 · · Score: 2, Interesting

      In Soviet Russia... they can send you to Siberia - it's rather hard to get a good broadband connection there...

      Actually, the Sibir hotel in Novosibirsk, Siberia has a room on the seventh floor with two computers and a broadband connection. Only $1 per hour. :-)

      --
      Disconnect your television. Do your own research. Draw your own conclusions. They're probably lying. Don't be a sheep.
    32. Re:legal side... by ceeam · · Score: 1

      Russia is not becoming fascist? Hmm, I'm lazy so here's what wikipedia defines as fascism:

      * exalts nation and sometimes race above the individual,

      (RU:Check, US:unsure, probably "check")

      * uses violence and modern techniques of propaganda and censorship to forcibly suppress political opposition,

      (RU:Check, US:unsure, not much evidence of violence)

      * engages in severe economic and social regimentation.

      (RU:Check; US:unsure)

      * engages in corporatism,[1]

      (RU:unsure; US:Check)

      * implements or is a totalitarian regime.

      (RU:Check; US:semi-check, law and democratic institutions, though not perfect, are clearly working better in US)

      So, my fellow coutryman, do you still think that Russia is not becoming a fascist state? I personally can't help but feel that Russian sentiment is very close to those of Germany circa 1930.

    33. Re:legal side... by Bloke+down+the+pub · · Score: 1

      As Churchill said, Russia is an enigma wrapped in a travesty of a sham.

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    34. Re:legal side... by Bloke+down+the+pub · · Score: 1

      In Soviet Russia, when mp3s pirate you, communism downloads you! http://modernhumorist.com/mh/0011/mp3/

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    35. Re:legal side... by A.Chwunbee · · Score: 0
      what's preventing them from opening AllofMp4.com
      Perhaps domain is not belong to them?
      --
      select * from base where originalOwner = 'you' and currentOwner != 'us'.
      0 rows returned.
    36. Re:legal side... by badmammajamma · · Score: 1

      Actually, if you look at it objectively the US is becoming quite facist. We epitomise the greatist attribute of facism already: corporatism.

      --
      Any man who afflicts the human race with ideas must be prepared to see them misunderstood. -- H. L. Mencken
    37. Re:legal side... by X0563511 · · Score: 1

      No. I voted for Kerry, because i felt him to be less of an evil. I would have voted for Nader, but some of the Green's goals are kindof extreme. and, let's face it - independants have never had a chance of winning an election.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    38. Re:legal side... by Anonymous Coward · · Score: 0

      And the stance of (not on) Democrat voters was "I hate Bush and nothing else matters." That's truly an enlightened way to vote.

    39. Re:legal side... by Anonymous Coward · · Score: 0

      Well, I suppose it's a bit depressing that you can't even paste a working link...

    40. Re:legal side... by freakmn · · Score: 1

      How much for 15 min?

      --
      warning: This post is likely to contain gobs of dripping sarcasm. Consume at your own risk.
    41. Re:legal side... by WoodenRobot · · Score: 1
      --
      ---
      "I did nothing. I did absolutely nothing and it was everything that I thought it could be."
    42. Re:legal side... by devnull17 · · Score: 1

      Good, Bush has leadership skills. Wonderful. That doesn't change the fact that his agenda is radically different than Kerry's. Do you think we'd be talking about Social Security privatization if Kerry were in office?

      Whether you like it or not, you're choosing a lot more than a candidate's personality when you vote for president. The results of the presidential election essentially set the entire country's agenda for the next four years, particularly with a single party controlling both houses of Congress.

      I do, however, agree with you that if you have no idea what you're doing (and most people in America clearly do not), stay the hell away from the voting booth.

    43. Re:legal side... by devnull17 · · Score: 1

      Well, sort of. That wasn't why I voted for Kerry, but by and large, I believe it to be true.

      I voted for Kerry because of his economic, social and diplomatic agenda. It's pretty clear to me that if you're not in the top 10% income bracket, it's against your economic interest to vote Republican. My stance on a number of issues (such as abortion rights, the role of corporations in America, and the vital need for transparency in the democratic process) is also a lot closer to Kerry's.

      Furthermore, I chose the major candidate who didn't have a history of syphoning money to the rich, lying to the American public to start a frivilous war (that just happened to funnel billions of dollars into the pockets of some of his biggest supporters), alienating almost all of our closest allies and blurring the line between church and state. I don't believe that John Kerry would have planted shills in the White House press room to lob softball questions at him. I don't think his subordinates would release government propaganda disguised as news reporting to hundreds of local news stations around the country. I don't think the Democratic Party would send checks to "journalists" in exchange for favorable write-ups. And I don't think John Kerry (or Al Gore, for that matter) would have run up a national deficit even half the size of the one we're looking at now.

      The facts speak for themselves. I don't see how one could analyze these facts and not come to the conclusion that the presidency of George W. Bush has been a disaster for this country. The fact that this administration is far and away the most secretive in history doesn't bode well for them, either. But sadly, given that polls show that about half the country still thinks we found weapons of mass destruction in Iraq, I don't think that the facts really have much to do with it anymore.

    44. Re:legal side... by Anonymous Coward · · Score: 0

      Great. Because you can really change things by not participating in the democratic process at all...

    45. Re:legal side... by cayenne8 · · Score: 2, Insightful
      "Good, Bush has leadership skills. Wonderful. That doesn't change the fact that his agenda is radically different than Kerry's. Do you think we'd be talking about Social Security privatization if Kerry were in office?"

      My friend...there are at LOT of people out here who like the thought that we're talking about SS reform here. I've always hated the program, and wished it could be changed. I'm moderately older....many young people who don't see it still even existing with funds for them see it this way.

      I'm not a huge Bush fan...I like some things...I hate other things he wants. But, the SS thing is definitely one of the things I do like. That and trying to (finally) start cutting some outdated programs and entitlements.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    46. Re:legal side... by lionheart1327 · · Score: 1

      So wait, you're saying that this was ever different in the past?

      I seriously doubt it.

    47. Re:legal side... by mo^ · · Score: 1

      don't blame you for staying anonymous on that one.

      --
      bah!*@%!
    48. Re:legal side... by Anonymous Coward · · Score: 0

      as a russian to a russian...
      dude, you don't know WTF you are saying.

      A little joke for our american friends:
      A russian and an american are talking, and an american says:
      - Our country is the freeest in the world! We got freedom of speech protected by the law. I can stand in front of the White House and shout: President Bush is a moron!!! and I won't be persecuted.
      The russian guy answers:
      - Hey, big deal. I can do that, too. I can go out to the Red Square and shout "President Bush is a moron" and I won't be persecuted, either.

    49. Re:legal side... by doperu · · Score: 1

      I'm from Russia, Moscow. For us America is more fascist and very totalitarian country than Russia. There is very totalitarian president Putin only.

    50. Re:legal side... by devnull17 · · Score: 1

      My problem with Bush's privatization plan is that he's flat-out lying. There really isn't a crisis; if nothing's changed, the system will remain solvent at least until 2042.

      I'd also like to know where that improved rate of return is going to come from, particularly since the overhead involved in privatization is much higher than the

      If Bush were taking part in a reasonable debate on the subject, I'd definitely listen to what he had to say. The way things are now, I get the feeling that there's nothing in this privatization plan other than a huge gift for his investment house buddies. If the facts are on your side, then what's with all the deception?

    51. Re:legal side... by devnull17 · · Score: 1

      Oops, forgot to escape a less-than sign in the second paragraph. It should read:

      I'd also like to know where that improved rate of return is going to come from, particularly since the overhead involved in privatization is much higher than the <1% overhead that the current system uses.

    52. Re:legal side... by Anonymous Coward · · Score: 0

      But you're not in Russia - just importing from Russia. Check out http://www.fadmine.com/allofmp3-legal-cheap-mp3s.h tml for more info about legal status in the U.S. - assuming it is legal in Russia

    53. Re:legal side... by cakoose · · Score: 1
      I would have voted for Nader, but some of the Green's goals are kindof extreme.

      Nader didn't run with the Greens this time.

  3. Russian Licenses only by Blue_Nile · · Score: 0

    From Reading the story it sounds to me this is only applying to russian music?

    --
    Si Hoc Legere Scis Nimium Eruditionis Habes
    1. Re:Russian Licenses only by tetromino · · Score: 5, Interesting

      Allofmp3 used a provision (loophole?) in the Russian copyright law that basically allows you to distribute music online if you pay the Russian music copyright clearing house a standard (and quite low) charge per song download. The clearing house then distributes the profits back to the artists. My guess is that Russian bureaucracy doesn't make it easy for Western artists to register with the clearing house or get their money from it -- not even considering the fact that any western record company would consider the clearing house charges per download laughably small.

    2. Re:Russian Licenses only by replicant_deckard · · Score: 1

      What loophole? To me that sounds exactly like the "loophole" media industry is hitting consumers with stupid DRMs and subpoenas to p2p users. Consider it a balance.

    3. Re:Russian Licenses only by Anonymous Coward · · Score: 0

      Sounds just like the deal the danish version of the RIAA is running with every shop that wants to have even a radio in the shop. Of course only their members get the money (and members of other RIAA-style organisations, since they exchange money based on "popularity"). Non-members don't get anything of course. I don't think those deals expand to downloads though.

    4. Re:Russian Licenses only by Datasage · · Score: 2, Insightful

      Interestingly the only reference to a Russian Multimedia and Internet Society, the orginizaton from which they licence the music, is on thier site or sites that have pages about thier site. Can anyone verifiy that such an orginization exists? Or if this so called loophole exists?

      Its like the bogus act that warez sites cite in defense of thier activities.

      Reguardless of legality in Russia, its unlikely they are permited to sell to anyone outside of russia. Though for anyone outside of russia who has purchased from this site, the enforment agencies would have to prove that you knew it was illegal and participated anyway.

      --
      In America we are imprisoned by our fear of them.
    5. Re:Russian Licenses only by Anonymous Coward · · Score: 0

      Might be that they speak russian in russia, and the "Russian Multimedia and Internet Society" doesn't look like russian to me.. Any russians out there who care to google a little for a russian translation of that?

    6. Re:Russian Licenses only by Datasage · · Score: 4, Informative

      I did find it.

      I also found that its not a goverment orginization but part of a company called ZETA corporation. Which is a company of IP lawyers. They also run all the websites related to copyright in russia. roms.ru copyright.ru and several otehrs.

      I dont know, that doesnt make them illegitimate, but there are questions.

      --
      In America we are imprisoned by our fear of them.
    7. Re:Russian Licenses only by tigga · · Score: 1
      What loophole? To me that sounds exactly like the "loophole" media industry is hitting consumers with stupid DRMs and subpoenas to p2p users. Consider it a balance.

      You are forgetting about performers. They usually earn about $1 per sold CD. It is less or around 10% of CD price. p2p users harm performers in the first place... There is no balance.

    8. Re:Russian Licenses only by Frantactical+Fruke · · Score: 4, Informative

      Here's a quote from another Russian, frequently renamed download site, which has a link to said organization. Rumor has it that it's just about impossible for foreigners to get money out of them.

      "The Audio1 Services are licensed in accordance with the Licensing Agreement and the License # LS-3M-04-164, issued by the Russian Multimedia and Internet Society. All respective copyrights owners, including songwriters, authors, composers, artists, music publishers and recording companies are fully compensated through the Russian Multimedia and Internet Society www.roms.ru, which in accordance with the Law of the Russian Federation "On Copyright and Related Rights" is entitled to issue licenses on behalf of different copyright owners and pay them license fees."

      Apparently, you just pay them a fee and you're 'licensed' to distribute anything you want.

    9. Re:Russian Licenses only by Anonymous Coward · · Score: 0

      Its there for the same reason as 'India Only edition ' books, and the same reason why 3rd world nations cant afford western medicine prices. Like zoned DVD players, music pigopolists are trying to prevent global price arbitrage. .ru should allow this one, or increase the clearinghouse fee, but not above reasonable local pricing levels. Shutting down business is always bad business.

    10. Re:Russian Licenses only by forand · · Score: 1

      While all of what you say may be true, if it is the law in Russia then the Western artists should be trying to change Russian law not going after the site. As all people in the US know: the fact that many consider the price laughable does not mean that isn't what it is being sold for. Case in point, I find that 18 dollars for a CD is laughable and EVERYONE I know agrees, small sampling yes, but the point is clear.

    11. Re:Russian Licenses only by Anonymous Coward · · Score: 0
      My guess is that Russian bureaucracy doesn't make it easy for Western artists to register with the clearing house or get their money from it

      So the artist may not get any money from the clearing house. But then again, didn't I hear a few months back about a US royalties collection organisation sitting on millions of artists' dollars because they'd lost track of the artists and had been unable to find them. Artists like Elton John, Dolly Parton....

    12. Re:Russian Licenses only by Cyberax · · Score: 3, Interesting

      Yes, there is a such loophole in Russian laws.

      Where is a 'broadcast license' in Russia: radio stations pay a small fee to ROMS (noncommercial organisation) every time a song is broadcasted, ROMS then distributes money to the performers. There was a court decision in Russia that each song download is equal to its broadcasting. Ringtones for cell phones may also be covered by this license.

    13. Re:Russian Licenses only by Qzukk · · Score: 1

      Actually, this brings up a good question:

      Is this "ZETA Corporation" actually tasked by the government to collect license fees for copyrighted works, or are they just making that up as well?

      If they are, it might be interesting to see where this ends up, since that puts them in the same position as RIAA's own SoundExchange.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    14. Re:Russian Licenses only by soupdevil · · Score: 1

      Record companies religiously track p2p downloads in order to decide which records and singles to promote, and which songs to make videos for. So in a way, downloading a favorite song, at least from a currently charting radio artist, or from an up and coming indy band, can have a real effect on that artist's bottom line.

  4. The real question is - by thewldisntenuff · · Score: 3, Interesting

    What does this mean for any of us American citizens that...ahem...may have used Allofmp3s services?

    Will there be a price to pay for us? The legality is quite confusing (and yes, ignorance of the law, no matter how stupid, is no defence) and who knows what will happen to us.....

    Me? I got rid of my account and waiting to see whats next......

    1. Re:The real question is - by Anonymous Coward · · Score: 3, Funny

      you go to jail for being dumb enough to think what you were buying was legal.

      lets look at the clues:

      1)russian
      2)mp3
      3)download
      4)no drm

      -justin (#lp)

    2. Re:The real question is - by radiopillows · · Score: 2, Interesting

      I don't think they'd punish you for something like that. You were scammed basically.

    3. Re:The real question is - by Storlek · · Score: 2, Funny

      5) PROFIT!... oh, wait.

      --
      Bears don't normally eat things that talk and move backwards.
    4. Re:The real question is - by ivanjah · · Score: 3, Funny

      wow,good thinking to get rid of that account!
      Now,get a lowbuget to Rio,do reconstructive surgery -change you looks,bribe a script kiddie to
      get you one of those fake ones; ID,Driver,Pass,you name it,find a safe house and stash food..just maybe
      its not TOO late,and you might get away.

    5. Re:The real question is - by MadMoses · · Score: 5, Insightful

      No, the real question is: Why are you afraid? Downloading music is never illegal.

      Sharing copyrighted music is copyright infringement. Downloading music is not.

      In addition, they are only investigating allofmp3.com. That does not mean that a judge will actually convict them of a crime.

      I will continue to buy from them.

      --

      Do not be alarmed. This is only a test.
    6. Re:The real question is - by PhilHibbs · · Score: 2, Insightful
      In addition, they are only investigating allofmp3.com. That does not mean that a judge will actually convict them of a crime.

      I will continue to buy from them.

      Whether or not they are operating legally in Russia is irrelevant to you, assuming that you are not in Russia. They may or may not have a licence to distribute music in the Russian market, but you are not in the Russian market, so they have no licence to distribute to you, so you were participating in copyright violation. The very fact that you are on Slashdot wipes away any claim of ignorance that you could make, especially with a fairly respectable /.id like that.
    7. Re:The real question is - by aussie_a · · Score: 1

      The very fact that you are on Slashdot wipes away any claim of ignorance that you could make

      With all the opinions bantered about and IANAL, I'd say being a slashdot poster would prove that you have little to no grasp of any law you want ;) After all, for every poster who says one thing about a law, another says the opposite. Who do you believe? None of them. Therefore you're ignorant on whether or not you really are breaking the law. All you know is that you COULD be breaking A law. Which law, that's debateable.

    8. Re:The real question is - by Anonymous Coward · · Score: 0

      Yeah, if you're affiliated with the RIAA, that fifth step will forever be hidden to you.

    9. Re:The real question is - by MadMoses · · Score: 4, Insightful

      Hi Phil,
      you wrote:[...] so you were participating in copyright violation. The very fact that you are on Slashdot wipes away any claim of ignorance that you could make, especially with a fairly respectable /.id like that.

      It seems to me that you're talking about two different things here.
      1. Law (copyright violation)
      2. Morals (ignorance)

      1. You are right, I'm not from Russia. I'm from Germany. I did not violate any laws. I can't violate Russian laws in Germany, so they don't matter to me. I also didn't violate German law, because it says that I can copy music "soweit nicht zur Vervielfältigung eine offensichtlich rechtswidrig hergestellte Vorlage verwendet wird", which roughly means "if one does not use an obviously illegal copy for duplication". If I buy music from one of the biggest commercial internet music sellers worldwide, I don't use an obviously illegal copy.

      In the USA, on the other hand, IIRC nobody has been accused for downloading music, only for sharing (i.e. distributing). So all the US users should be safe, too. IANAL, but if there is no sentential judgment that says otherwise, I'm taking all other statements as spreading FUD.

      2. I'm buying CDs all the time. I use allofmp3.com, internet radios and tracks copied from friends for evaluating music and finding new bands that I like. If I like a band, I will then buy their album (new if they are not signed by a RIAA label, used on ebay or amazon marketplace if they are with the RIAA). It's also possible that I didn't get you right and you didn't try to talk about morals at all - if so, please ignore my reasoning #2.

      --

      Do not be alarmed. This is only a test.
    10. Re:The real question is - by fmobus · · Score: 2, Insightful

      Will there be a price to pay for us? The legality is quite confusing (and yes, ignorance of the law, no matter how stupid, is no defence) and who knows what will happen to us...

      I don't think so... If you acted in "good faith" and the law was actively broken by a thirdy party which sold it as an regular service, you've done nothing wrong...

      But maybe they don't think like this...

    11. Re:The real question is - by MadMoses · · Score: 1

      Hi Mr. Anonymous Coward,

      If you know that by downloading a work that falls under copyright terms which disallow copying, that you are actually making a copy of that work in the process of downloading it, then you ARE INFRINGING COPYRIGHT and you ARE BREAKING A LAW.

      Please cite the law. I'm still not afraid.

      --

      Do not be alarmed. This is only a test.
    12. Re:The real question is - by PhilHibbs · · Score: 1

      OK, I don't know German law, but I'm fairly sure that it would be against UK law in my case, and probably US too (which I incorrectly assumed you were, on the basis of Slashdot being US-centric), despite it being mostly unenforced as yet.

      I don't like morals, I am more interested in ethics. Ethics is about finding a practical compromise that is acceptable to as many as possible, morality is more about not compromising religious principles.

      I don't have a lot of time for Tycho's POV, and I appologise if I incorrectly selected you as an example of this. But hey, this is /. :-)

    13. Re:The real question is - by Kirth · · Score: 4, Interesting

      Oh boy, here we go again...

      Yes, here we go again, you've been brainwashed by the music-industry.

      If you know that by downloading a work that falls under copyright terms which disallow copying, that you are actually making a copy of that work in the process of downloading it, then you ARE INFRINGING COPYRIGHT and you ARE BREAKING A LAW.

      No. You can copy all you want for yourself. You can go to the library and photocopy everything. It's legal. In most of the nations anyway. Copyright isn't actually the right to make copies, but the right to publish them.

      If you're so heavy on citing the "LAW", I'd suggest you read it first.

      --
      "The more prohibitions there are, The poorer the people will be" -- Lao Tse
    14. Re:The real question is - by Anonymous Coward · · Score: 0

      Just a little off-topic, in New Zealand you can only legally copy 10% of a work, or 1 chapter, whichever is LESS.

      Not that that stops most people though :)

    15. Re:The real question is - by mumblestheclown · · Score: 2, Insightful
      Mein Gott! You must have the soul of a lawyer, the way you squirm to make reality try to fit your desires.

      1a. It is clear that it is obviously illegal the minute you find out that it is. As you now have found out that the site has no license to operate outside of Russia, then the action is obviously illegal to you. Note: Russian law clearly does apply to you! Try mailing a letter bomb to yeltsin and see if anybody minds.

      1b. That nobody has been accused of downloading music doesn't make it right or legal. The fact of the matter, as you well know, is that going after the sharers has been the first priority.

      2. I eat food all the time. I don't steal from the supermarket. (Ok.. ok.. stealing 'not the same as copyright infringement'.. but basic principle here the same).

    16. Re:The real question is - by westlake · · Score: 2, Informative
      No, the real question is: Why are you afraid? Downloading music is never illegal. Sharing copyrighted music is copyright infringement. Downloading music is not.

      It is convenient and cost-effective to pursue the uploader, but, under American law, the downloader does indeed infringe copyright and may be pursued in the civil courts by the copyright holder, and in the federal criminal courts, by the government, if the offense reaches the statutory threshold.

    17. Re:The real question is - by MadMoses · · Score: 1

      I'd seriously be interested in those UK and US laws. If you have the texts, please quote the relevant passages. I wouldn't be surprised if there's a law against downloading in the UK, but I'd be surprised if there's one in the US.

      --

      Do not be alarmed. This is only a test.
    18. Re:The real question is - by MadMoses · · Score: 3, Insightful

      You must have the soul of a lawyer, the way you squirm to make reality try to fit your desires.
      Huh? Are we talking about laws or ethics/morals? If the former, of course I must examine the law, if the latter, see my explanation #2, above. Law != justice.

      As you now have found out that the site has no license to operate outside of Russia
      Actually, I haven't found that out. There has been no legal judgment yet. Not in Germany, not in Russia, not in the USA AFAIK. Please quote a relevant declaration of a judge or attorney.

      That nobody has been accused of downloading music doesn't make it right or legal.
      Doesn't make it right: see my explanation #2, above. Also: law != justice.
      Doesn't make it legal: true. But it doesn't make it illegal either. If you cannot cite a law that actually states the illegality of buying from allofmp3.com, I call it spreading FUD.

      Concerning your point #2, as you already said yourself, copyright infringement != stealing. We really don't need to talk about that again.

      --

      Do not be alarmed. This is only a test.
    19. Re:The real question is - by MadMoses · · Score: 1

      I will believe you if you can cite the relevant law. Seriously.

      --

      Do not be alarmed. This is only a test.
    20. Re:The real question is - by m50d · · Score: 1

      I don't think the basic principle is the same at all. If I steal from a supermarket, I'm costing them real money, in terms of buying the bread from the manufacturers, paying people to stock the shelves, etc. So even if I'm still buying all the bread I can afford, I'm costing them money. If I download a song, I don't directly cost them anything. The only way you can argue they lose anything is because I didn't buy something that I might otherwise have done. If I'm still buying all the CDs I can afford, there's no way I cost them anything. So there is an important difference. Different enough to make it moral? Maybe, maybe not, depends on your point of view. But certainly a major difference.

      --
      I am trolling
    21. Re:The real question is - by Anonymous Coward · · Score: 0

      I'm pretty sure that AllOfMP3 only sold it's music to Russian IP addresses. Which means, to get said music, there was already some shady business going on. Depending on what yoru definition of shady is, of course.

    22. Re:The real question is - by cpt+kangarooski · · Score: 4, Insightful

      Actually, downloading copyrighted music without permission or an applicable exception is always illegal in the US.

      Downloading is a form of reproduction, and reproduction is an exclusive right of the copyright holder. Uploading is a form of distribution, and distribution is another exclusive right of the copyright holder. So really, you can't do either.

      This is all well-settled. For example, Napster was sued on the basis that it helped users download and upload, both being illegal, and that suit was successful, remember.

      Current lawsuits have been concentrating on uploaders purely for tactical reasons: they're easier to find, and since they are closer to the head of the snake, as it were, taking down one uploader can take out several leeching downloaders as a bonus, or at least make life more difficult for downloaders as there are fewer sources to download from.

      This is exactly why the industry's original attacks were against the people involved in the networks themselves; taking out the network was easier than tracking down users, and it had been hoped that without a network, the users would've been unable to infringe. Only the rise of alternative networks has kept this strategy from working very well, and the upcoming Grokster case may yet result in the remaining networks being taken down.

      --
      -- 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.
    23. Re:The real question is - by cpt+kangarooski · · Score: 1

      Google for 17 USC 501, 17 USC 106, and for good measure, 17 USC 101, which contains special definitions of the terms used in the other sections. Pay special attention to the exclusive right of reproduction (17 USC 106(1)).

      You may also wish to look at the Napster case in the 9th circuit, which discusses the liability of downloaders and uploaders as a necessary step in finding Napster liable for the users' illegal actions. I'm afraid I don't have the cite handy, but it's easy to find.

      --
      -- 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.
    24. Re:The real question is - by cpt+kangarooski · · Score: 1

      No, in the US, copyright as a civil action is a strict liability offense. It doesn't matter what your intent or mental state was. You could have thought in good faith, and reasonably, that you were not infringing, and it doesn't matter. It might matter in determining just how large the damages you pay are, but you still end up liable for it.

      --
      -- 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.
    25. Re:The real question is - by Anonymous Coward · · Score: 0

      One thing we can be sure of is that a company in trouble will never cut a deal to cough up its database. Companies never rat their friends, right?

    26. Re:The real question is - by Anonymous Coward · · Score: 0

      Absolutely incorrect. That's why services like kazaa have disclaimers. If the service is claiming their goods to be genuine it is the fault of the service and those who purchased will not be prosecuted unless they were in actual knowledge that what they were purchasing was illegal material. Take for instance a pawn shop. If I buy a CD from a pawn shop and it turned out to be a reasonably passable copy to the point where I can't tell the difference I will not get in trouble for using that CD. Furthermore, in this case the pawn shop would also have no liability unless the CD was produced in the shop or by an employee.

    27. Re:The real question is - by MadMoses · · Score: 2, Interesting

      Thanks.

      106. Exclusive rights in copyrighted works

      Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

      (1) to reproduce the copyrighted work in copies or phonorecords;


      So, does that mean that a US citizen is not allowed to make copies of CDs or DVDs (even his own), or record a TV, radio or internet radio transmission? You're reproducing copyrighted work in these cases, too, dontcha? Serious question.

      --

      Do not be alarmed. This is only a test.
    28. Re:The real question is - by strider44 · · Score: 1

      It is clear that it is obviously illegal the minute you find out that it is. As you now have found out that the site has no license to operate outside of Russia, then the action is obviously illegal to you. Note: Russian law clearly does apply to you! Try mailing a letter bomb to yeltsin and see if anybody minds.

      It has not been found legal by Russia, though it is being tested in court. This has not finished so it currently is not illegal. Searching for "allofmp3 legal" on google gives a list of sites saying how allofmp3 is legal for overseas downloaders. Russian law does not apply for him, unless there are extradition treaties specifically calling for the extradition of a citizen for that specific law. If your government doesn't want to punish you for sending a letter bomb to former Russian presidents then unless Russia invades nothing will happen. It is obviously not the case that for copyright infringements a german citizen can be extradited because of Russian Law. If overseas law applied, then his copying songs of friends would be illegal because of American law. Fortunately it does not.

      Finally I don't see how the basic principal between stealing from a supermarket and this case is the same. In fact your analogy would be more accurate if you accused someone of stealing for going to another supermarket with cheaper prices. Allofmp3 gives money to the copyright holders.

    29. Re:The real question is - by AttilaSz · · Score: 1

      If I like a band, I will then buy their album (new if they are not signed by a RIAA label, used on ebay or amazon marketplace if they are with the RIAA).
      This. Is. Brilliant. Strategy. You just got yourself a follower.

      --
      Sig erased via substitution of an identical one.
    30. Re:The real question is - by cs02rm0 · · Score: 1

      That's if you're distributing it for educational use, not individual, which these guys are talking about. You can copy all you want for yourself.

      Linky

    31. Re:The real question is - by cpt+kangarooski · · Score: 2, Interesting

      Facially, yes, it does prohibit those things.

      Now, remember, there are some limited exceptions to the very broad prohibitions of section 106. The main thing is that every exception has limitations on what circumstances permit it to be used, so as to make otherwise illegal conduct legal. They are not big blanket exceptions, however!

      So for example, it's facially illegal to record a TV broadcast as that would infringe on the reproduction right. However, in some circumstances, it might be a fair use, if the four-factor analysis in section 107 was favorable. This will likely not be the case for all recordings of broadcasts, but some might qualify if you go through the analysis.

      When no exception applies to make some infringing conduct noninfringing, or at least nonactionable, you're breaking the law by engaging in that conduct.

      While people can make some predictions (of varying accuracy depending on the specific exception) as to whether it will apply or not, in the end only the courts can answer for sure, and even they frequently have trouble deciding. It's not easy.

      --
      -- 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.
    32. Re:The real question is - by cpt+kangarooski · · Score: 1

      No, you're being misleading. I'm not talking about prosecution, I'm talking about infringement civilly.

      17 USC 501(a) clearly states that Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A (a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be.

      It does not require any specific mens rea.

      Compare it, however, to the provisions for criminal copyright infringement at 506: Any person who infringes a copyright willfully ...
      shall be punished as provided under section 2319 of title 18, United States Code. For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement.


      There, willfullness is required; merely doing the deed isn't enough. As no mental state is expressly required for civil infringement, however, and since Congress clearly knows what it intends and how to state that it is requiring some mental state or not, it is clear that none is required to be a civil infringer.

      Indeed -- if you look at the statutory damages in 504, you'll find this: In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200.

      So even if you had no idea you were breaking the law, and had no reason to believe you were breaking the law, you can still end up breaking the law and having to pay a few hundred dollars per work infringed upon to the copyright holder.

      --
      -- 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.
    33. Re:The real question is - by MadMoses · · Score: 1

      Ah! So basically, it depends on whether a court would conclude if 106 or the fair-use rights are more important?

      --

      Do not be alarmed. This is only a test.
    34. Re:The real question is - by cpt+kangarooski · · Score: 1

      No, no. The first question is whether there is a prima face infringement at all. Some conduct doesn't violate 106 to begin with. Only if it does, do courts then check to see if exceptions to 106 apply.

      There's no real ranking of importance most of the time, as the system of broad rights and exceptions is just the means by which the actual, slightly less broad rights, are defined. There is some attention paid to policy in fair use cases, but I don't think it's as strong as you appear to be thinking.

      --
      -- 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.
    35. Re:The real question is - by GigsVT · · Score: 3, Interesting

      So because a service fulfills the actual demand of the public, it must be illegal?

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    36. Re:The real question is - by goober1473 · · Score: 2, Insightful

      I don't see how downloading music from allofml3.com would be illegal in the UK, the site states that they have a licence to distribute music and so I can legally download from here. Just like iTunes. UK law is like German law, it's legal unless the site in known to be distributing illegally. I read the claims that they distributed legally and belived them (just like iTunes), the only thing that is different is the country the download is comming from! I would guess that at the very worst I could be asked to remove the downloaded files from my possesion.

    37. Re:The real question is - by Anonymous Coward · · Score: 0

      You had me untill you used the stealing argument..

    38. Re:The real question is - by cpt+kangarooski · · Score: 1

      Depends. In the US, both reproduction and distribution and some other things are all infringing. The cite is at 17 USC 106.

      Reproducing things just for yourself is illegal unless you have permission, the works aren't copyrighted, or there's an applicable exception. There won't always be an applicable exception.

      Of course, YMMV in other countries ... but remember that Article 9bis of the Berne Convention also requires that copyright holders have the exclusive right to reproduce their works, so different countries' exceptions to that might not always be within their treaty obligations. (e.g. the US had some trouble with our 110(5) exceptions a while back -- not that we really care all that much)

      --
      -- 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.
    39. Re:The real question is - by Anonymous Coward · · Score: 0

      Ive downloaded gigs of music from them, and will continue to do so.

    40. Re:The real question is - by pr0c · · Score: 1

      Downloading is a form of reproduction, and reproduction is an exclusive right of the copyright holder.

      So what you are saying is that it is impossible for me to LOOK at websites containing copyrighted material since it is first downloaded to my computer and second saved in my cache... doh! Oh no, I just realized, at the bottom of slashdot is "All trademarks and copyrights on this page are owned by their respective owners. Comments are owned by the Poster. The Rest © 1997-2005 OSTG.". Please don't sue me OSTG, I was REQUIRED to copy your copyrighted material to view it since I cannot borrow your server(s).

      This gets worse as I think about it, there is some caching when you listen to cds too! What about the antiskip cd players! They have a buffer built right in! Those people are reproducing music!

      Oh man, I forgot how eyes work, I cannot look at anything without my eyes sending a reproduction of what I see to my brain via nerves.

      The downloading = reproduction crap, even though I am sure people have already been in trouble for, is BS.

    41. Re:The real question is - by PhilHibbs · · Score: 1

      It's not that there is a specific law against downloading, but distribution of copyright works is restricted to those that have a valid licence, and AllofMP3 don't have a licence to import all that music into the UK. I don't think the "But I'm importing it - I could fly to Moscow but this is easier, it's the same thing" arguement holds water, just in case someone was contemplating that one.

      And yes, in answer to your other reply, it is illegal for me, in the UK, to copy music from a CD that I purchased onto my Ogg player. I have written to my MP urging him to oppose legislation that makes this even more illegal, and to suport moves to decriminalize a large section of the UK population in this respect with some sane laws. I might have put it a bit more betterer than that.

    42. Re:The real question is - by MadMoses · · Score: 1

      Ok. What is the answer to the question then, is buying music from allofmp3.com a prima face infringement? What's your opinion?

      --

      Do not be alarmed. This is only a test.
    43. Re:The real question is - by Anonymous Coward · · Score: 0

      How bout you get off your lazy fucking ass and check for the law yourself. MAYBE YOU SHOULD'VE DONE THIS BEFOREHAND.

      Jesus man quit being lazy.

    44. Re:The real question is - by cpt+kangarooski · · Score: 1
      So what you are saying is that it is impossible for me to LOOK at websites containing copyrighted material since it is first downloaded to my computer and second saved in my cache... doh!

      It's funny you should bring that up. There actually has been some litigation along those lines in Intellectual Reserve v. Utah Lighthouse Ministry, 75 F.Supp. 2d 1290 (D. Utah 1999):

      The first question, then, is whether those who browse any of the three infringing websites are infringing plaintiff's copyright. Central to this inquiry is whether the persons browsing are merely viewing the Handbook (which is not a copyright infringement), or whether they are making a copy of the Handbook (which is a copyright infringement). See 17 U.S.C. 106.

      "Copy" is defined in the Copyright Act as: "material objects . . . in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device." 17 U.S.C. 101. "A work is fixed' . . . when its . . . sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration." Id.

      When a person browses a website, and by so doing displays the Handbook, a copy of the Handbook is made in the computer's random access memory (RAM), to permit viewing of the material. And in making a copy, even a temporary one, the person who browsed infringes the copyright. n5 See MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511, 518 (9th Cir. 1993) (holding that when material is transferred to a computer's RAM, copying has occurred; in the absence of ownership of the copyright or express permission by licence, such an act constitutes copyright infringement); Marobie-Fl., Inc. v. National Ass'n of Fire Equip. Distrib., 983 F. Supp. 1167, 1179 (N.D. Ill. 1997) (noting that liability for copyright infringement is with the persons who cause the display or distribution of the infringing material onto their computer); see also Nimmer on Copyright 8.08(A)(1) (stating that the infringing act of copying may occur from "loading the copyrighted material . . . into the computer's random access memory (RAM)"). Additionally, a person making a printout or re-posting a copy of the Handbook on another website would infringe plaintiff's copyright.

      n5 Although this seems harsh, the Copyright Act has provided a safeguard for innocent infringers. Where the infringer "was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages. . . ." 17 U.S.C. 504(c)(2).
      --
      -- 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.
    45. Re:The real question is - by Anonymous Coward · · Score: 0

      They may or may not have a licence to distribute music in the Russian market, but you are not in the Russian market, so they have no licence to distribute to you, so you were participating in copyright violation. Sorry but youre completely ignorant. Downloading mp3s doesnt mean youre violating any copyright law. The only illegal thing here is UPLOADING.

    46. Re:The real question is - by J.+T.+MacLeod · · Score: 1

      They may or may not have a licence to distribute music in the Russian market, but you are not in the Russian market, so they have no licence to distribute to you, so you were participating in copyright violation.

      So their Russian license forbids foreign sales? If that were the case, I'd be participating in copyright violation by mail-ordering CDs from Russia.

    47. Re:The real question is - by cpt+kangarooski · · Score: 1

      Remember that I'm not your lawyer, and this isn't legal advice. If you want legal advice, consult a lawyer licensed to practice in your jurisdiction who is willing to give it.

      Personally, I think that it's illegal for people in the US to download music from allofmp3. It's absolutely a prima face infringement, and I see no applicable exceptions for what people are doing.

      --
      -- 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.
    48. Re:The real question is - by geoffspear · · Score: 1

      The Fair Use provisions of copyright law allow the recording of broadcasts for time-shifting purposes, and we're allowed to reproduce copyrighted works we're bought under the same provisions for personal use, provided there's no DRM being broken (which may be a violation of the Digital Millenium Copyright Act, even if the copying would be legal if the DRM wasn't present) to do so. Making copies of copyrighted materials that we otherwise have no right to, however, is still clearly illegal.

      --
      Don't blame me; I'm never given mod points.
    49. Re:The real question is - by PhilHibbs · · Score: 1
      UK law is like German law, it's legal unless the site in known to be distributing illegally.
      Really? I haven't read the UK copyright law for a couple of years, but I don't remember seeing anything to that effect.
    50. Re:The real question is - by joeljkp · · Score: 1
      I'll bite, just because this topic interests me:
      17 USC 106:
      Subject to sections 107 through 122, the owner of copyright under
      this title has the exclusive rights to do and to authorize any of
      the following:
      (1) to reproduce the copyrighted work in copies or
      phonorecords;
      By downloading, the person is making a copy, and is thus infringing, unless you can come up with an exception in sections 107-122.
      --
      WeRelate.org - wiki-based genealogy
    51. Re:The real question is - by MadMoses · · Score: 1

      Whoa, that's scary, even more so because the German ministry of justice might want to get a similar law passed. Industry pressure and lobbying eroding our fair-use rights. It's ridiculous =(

      --

      Do not be alarmed. This is only a test.
    52. Re:The real question is - by MadMoses · · Score: 1

      A very useful tool for figuring out if an album was released by an RIAA label is RIAA Radar.

      --

      Do not be alarmed. This is only a test.
    53. Re:The real question is - by bbc · · Score: 1

      "What does this mean for any of us American citizens that...ahem...may have used Allofmp3s services?

      Will there be a price to pay for us?"

      Assuming that your supplier did indeed break a law: as long as you acted in good faith, you should be in the clear.

      However, I think it is quite a stretch to assume Allofmp3.com broke the law.

      (IANAL. This is not legal advice.)

    54. Re:The real question is - by joeljkp · · Score: 1
      Replying to my own comment here with more backup info:
      239 F.3d 1004

      Napster users who upload file names to the search
      index for others to copy violate plaintiffs' distribution rights.
      Napster users who download files containing copyrighted
      music violate plaintiffs' reproduction rights.
      --
      WeRelate.org - wiki-based genealogy
    55. Re:The real question is - by joeljkp · · Score: 1

      Wrong, downloading is reproduction, and reproduction is illegal unless it's fair use. Downloading music from p2p is not fair use.

      --
      WeRelate.org - wiki-based genealogy
    56. Re:The real question is - by MadMoses · · Score: 1

      Please, some of us are trying to have an intelligent discussion here.

      --

      Do not be alarmed. This is only a test.
    57. Re:The real question is - by bbc · · Score: 1

      "No, in the US, copyright as a civil action is a strict liability offense. It doesn't matter what your intent or mental state was. You could have thought in good faith, and reasonably, that you were not infringing, and it doesn't matter. It might matter in determining just how large the damages you pay are, but you still end up liable for it."

      How relevant is that though? Everybody infringes on copyrights.

    58. Re:The real question is - by joeljkp · · Score: 1

      Does anyone else find it sad that so many people today talk about music in terms of bulk quantity ("I downloaded a gig of music today")? It's like saying you bought 150 lbs of oil paintings.

      Music is art, people, not manure to be consumed a truckload at a time.

      --
      WeRelate.org - wiki-based genealogy
    59. Re:The real question is - by MadMoses · · Score: 1

      Thanks, I wasn't aware of that. We've already discussed this here. Readers, please read the whole thread to get everyone's opinion.

      --

      Do not be alarmed. This is only a test.
    60. Re:The real question is - by bbc · · Score: 1

      "Whether or not they are operating legally in Russia is irrelevant to you, assuming that you are not in Russia. They may or may not have a licence to distribute music in the Russian market, but you are not in the Russian market, so they have no licence to distribute to you, so you were participating in copyright violation."

      Which copyright law did you get that from?

    61. Re:The real question is - by PhilHibbs · · Score: 1
      Which copyright law did you get that from?

      CDPA88. I haven't read it for a few years, so my memory may be a little rusty.
    62. Re:The real question is - by bbc · · Score: 1

      "You will now knowingly conspire to participate in criminal activity with them?"

      What criminal activity? Has anybody been convicted?

    63. Re:The real question is - by PhilHibbs · · Score: 1
      If that were the case, I'd be participating in copyright violation by mail-ordering CDs from Russia.

      Yes, you've got it! Glad that's cleared up.
    64. Re:The real question is - by PhilHibbs · · Score: 1
      So their Russian license forbids foreign sales?

      Supplemental to my previous answer: It's not that their Russian licence forbids it, it's that their Russian licence cannot grant them the right to sell and import into the UK. They need a UK licence to do that, and they would need to charge VAT and pay it to the UK government as well. (The UK government introduced this requirement a couple of years ago, but it is not widely enforced.)
    65. Re:The real question is - by cpt+kangarooski · · Score: 1

      Yes. The earlier poster seemed to think that if he didn't know, and didn't have reason to know, that his conduct was infringing, that he was off the hook. The reality is that he is still potentially in trouble, as are most of us, if all the infringements we engage in all the time ever came to light and were followed up on.

      Perhaps it doesn't mean much since most infringements are never pursued, but that doesn't mean that they can't be.

      There's something similar with torts, as anyone who's ever had to deal with an issue-spotting question knows.

      --
      -- 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.
    66. Re:The real question is - by numark · · Score: 1

      There was no such claim being made. A service can quite well fulfill the demands of the public, and be perfectly legal. However, if the demands of the public happen to be for product they should reasonably suspect is illegal, I feel little sympathy for them when they find out that, surprise of surprises, it might actually be illegal.

      --
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    67. Re:The real question is - by J.+T.+MacLeod · · Score: 1

      I'm amazed that you're so up to speed on the agreements to the companies.

      Where, pray tell, can I download copies of their contracts? I hope they have PDFs!

    68. Re:The real question is - by LnxAddct · · Score: 1

      Have you listened to much of the music recently? It's not art, its every poor chap that learns how to play a guitar signing their lives away to some large record company to make mediocre music that is then "forced" down consumers throats by mass marketing campaigns. Last time I checked, Van Gogh did not have a huge corporation dumping millions into advertising and promoting his art. Van Gogh's work spoke for itself, and any music worth a grain of salt will also speak for itself. Most of the stuff you buy on iTunes or the many other Mp3 sites is not art, its fabricated sounds produced by doing studies on current trends and what is appealing to people. Its not inspired, most things are done with calculations now on how successful a certain beat is likely to be. Its purely a profitable business, treating it like manure is certainly fine. If your looking for music that is inspired and that should not be compared to manure, support your local artists playing at the local bars, clubs, and halls.
      Regards,
      Steve

    69. Re:The real question is - by J.+T.+MacLeod · · Score: 1

      Well, the article spoke of an investigation of issues internal to Russia, and the thread of your reply was concerning US law.

      Although, honestly, the infeasibility of abiding with the UK's laws here is what prevents enforcement, they wouldn't really have any reach to be able to touch the Russian company.

    70. Re:The real question is - by b1ng0 · · Score: 1

      Wrong! Wrong! Wrong! Downloading copyrighted works is just as illegal as sharing them by uploading. Downloading violates the copyright holder's exclusive right to reproduce the work as downloading is necessarily reproducing the work. Uploading is illegal due to the exclusive distribution clause in 17 U.S. S 106. I suggest you read it thoroughly.

    71. Re:The real question is - by sgtrock · · Score: 1

      How can it be a prima face infringement until it is demonstrated through the legal system that allofmp3 really doesn't have legal licenses to the music? The RIAA may claim that they do not, but have they demonstrated that fact to the court's satisfaction yet?

      Note: I am not an allofmp3 user. I rarely buy music of any sort, and have downloaded exactly one tune online. I'm just very interested in copyright issues in general because of my use of F/LOSS.

    72. Re:The real question is - by Eccles · · Score: 1

      I don't think the "But I'm importing it - I could fly to Moscow but this is easier, it's the same thing" arguement holds water, just in case someone was contemplating that one.

      Why, because you're a lawyer?

      I'd be very surprised if there were laws on the books in the U.S. that made clear the legal status of such a download from a foreign country. Any contractual agreement regarding licensing rights are between the rights holder and the distributor, not Joe Random Downloader.

      It's more likely to be something that would only be settled by case law, as in the Betamax decision.

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    73. Re:The real question is - by Anonymous Coward · · Score: 0

      Not illegal, asshat. read the thread. they pay the russian copyright fees.

    74. Re:The real question is - by Eccles · · Score: 1

      Personally, I think that it's illegal for people in the US to download music from allofmp3. It's absolutely a prima face infringement, and I see no applicable exceptions for what people are doing.

      Why would it be any more prime face illegal than going to iTunes? AllOfMp3.com claims to have distribution rights in Russia:

      All the materials in the MediaServices projects are available for distribution through Internet according to license # LS-3-05-03 of the Russian Multimedia and Internet Society. Under the license terms, MediaServices pays license fees for all the materials subject to the Law of the Russian Federation "On Copyright and Related Rights". All the materials are available solely for personal use and must not be used for further distribution, resale or broadcasting.

      On some level, allofmp3 thus claims they are authorized to distribute as per section 106. Now whether that authority extends to people using the service via an internet connection from another country is a tricky issue, but I can't see that it's a definitively decided one. And if the RIAA members are cashing any checks they receive from allofmp3.com, I'd say that's prime face acceptance of their distribution.

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    75. Re:The real question is - by cpt+kangarooski · · Score: 1

      Because it doesn't matter.

      A compulsory license is not a license in the sense of an agreed-upon contract. It's a law that says that other people can do things as if there were a contract for a specified amount, whether you like it or not. It's no different from a law that simply establishes an exception, but it involves pay at government-set rates instead of being for free.

      While Russia can of course enact whatever copyright laws, or none at all, that it likes within its own borders, those laws have no bearing on the US. Our law says that if you download a copyrighted work in the US, you must either have an exception or permission, or else you're breaking the law. The Russians cannot step in and pass laws that modify American laws.

      Since the US rights holders never gave permission in a way that US law considers to be valid (or in fact, at all) and no exceptions seem to apply, downloading from allofmp3 is illegal in the US, regardless of whether they're acting legally in Russia.

      While RIAA surely feels it is important to shut them down (since that will make life difficult for many users in one blow -- it's more efficient than going after users one by one), it can also gather information necessary to find US users so that it can sue them if it wishes.

      If such a suit is brought in the US, we'll see some good examination of the issues. But my prediction is that it'll play out as I've said, if it gets that far.

      --
      -- 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.
    76. Re:The real question is - by cpt+kangarooski · · Score: 1

      See the post here.

      But basically, a license to distribute in Russia doesn't permit downloading in the US. Particularly when it's a compulsory license, not a real agreement.

      Plus I have little faith that there even is a legal compuslory licensing system of this kind in Russia, much less that they pay out as they'd be required to. It all sounds very shady to me, much like all those untold millions in Nigeria.

      --
      -- 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.
    77. Re:The real question is - by Anonymous Coward · · Score: 0

      not necessarily true. Look at emusic.com

      1.) american
      2.) mp3
      3.) download
      4.) no DRM
      5.) LEGAL, for a while it was even owned entirely by Universal/Vivendi

      Does this mean that the "Russian" part is what makes it illegal?

      Actually I would think that for anyone who purchased in good faith from a company that directly advertised and stated that they were licensed, and apparently are, there should be no reprecussians. If they are indeed not licensed, then that is criminal on their part, but is the end user really responsible. If the local mom and pop record store (if there were any left) started selling CDs at $5 and I bought a few, and it turned out later that they were bootlegs, and the store knew it, they are criminally responsible, but the end purchasers are not, the committed no crime.

    78. Re:The real question is - by Eccles · · Score: 1

      What if I downloaded it in Russia or Canada, and then brought my laptop home? What if I downloaded it in Russia, and then e-mailed it to myself? My having paid for it with a U.S. PayPal account doesn't make it a download in the U.S., so unless AllOfMp3 is keeping IP logs, there wouldn't be much evidence of a U.S. download.

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    79. Re:The real question is - by redivider · · Score: 0

      I don't think the basic principle is the same at all. If I steal from a supermarket, I'm costing them real money, in terms of buying the bread from the manufacturers, paying people to stock the shelves, etc. So even if I'm still buying all the bread I can afford, I'm costing them money. If I download a song, I don't directly cost them anything. The only way you can argue they lose anything is because I didn't buy something that I might otherwise have done. If I'm still buying all the CDs I can afford, there's no way I cost them anything. So there is an important difference. Different enough to make it moral? Maybe, maybe not, depends on your point of view. But certainly a major difference.

      I can't stand this argument. And before I get into this, let me just say that this isn't directed at you personally. Just a general rant in the direction of anyone who uses these arguments to justify what they're doing. I realize you're not really doing that, but a lot of people do...

      Just because technology now exists to be able to make copies of certain things doesn't mean it is then automatically OK to share those certain things with whoever you want just because you're not physically taking property from someone. If technology advances to the point where its possible to make an exact copy of *anything*, is it going to be OK to stop buying things at all? I'm not costing anyone money, I'm just making copies of stuff. My friend just got a new plasma TV. Sweet, I'll make a copy. It's not stealing though, cause it's not like I went into the store and took one of *their* TVs. That's *totally* different. I realize this scenario is pretty unlikely to happen anytime soon, but if we're talking "basic principles" here...

      And the argument that they aren't losing any money just because you already spend what you can afford on CDs? So, that entitles you to just take whatever you can't afford on top of that since you can't spend any more money anyway? What if you just spend what you can afford each month, and then instead of just taking everything above and beyond that, you put it on the list for next month. I'll be that's what you do with all the stuff that's not able to be copied. Oh yeah, that's because you have no other choice. Well, no other choice besides stealing. I mean, what lucky artists get on your "I can afford it" list and which ones end up on the "I can't afford it, but I still want it right now so I'll just take it. It's not like I could buy it right now even if I wanted to" list? How do you decide which artists deserve to be paid and which ones don't?

      I realize you pointed out that this difference doesn't necessarily make it moral, and obviously I agree, but I don't think there's as much difference as you say there is. The types of things that get copied -- music, movies, software -- are all produced by going into large amounts of debt, or at least spending a LOT of money up front, in the hopes that enough people will have a use for the product so that they'll make their money back and maybe even some profit. Technically yeah, you're not *directly* costing them money because there was no physical object that needed to be created, shipped, stored, etc. But I don't see a big difference between "losing" money and not being paid for something that I created, or own the rights to, when someone else is getting the value from it.

      I'd like to see someone just give away something -- an good piece of software, a movie, whatever -- something that there is already a demand for, people know about it. ...and then ask all the people that take it if they would have paid for it if there was no way of getting it free. Naturally, some people will say yes and some will say no. And yeah *saying* you'd buy it is difference from *actually* buying it, but there would inevitably be a certain number of people who would have paid for this product. Let's say 50,000 downloaded this thing and 20,000 would have actually paid for it. Now, this is your thing. You created i

      --
      Sinch
    80. Re:The real question is - by rpdillon · · Score: 4, Insightful

      I reasonably expect is SHOULD be legal. Lets look at a (serious) review of the facts:
      1) The site claimed they paid the appropriate fees for the copyrighted material in Russia.
      2) People who are downloading are downloading for personal use, and not redistributing in the U.S. (or at least I am)
      3) U.S. copyright law has a section about imports. This section (in rough terms) says that if you bought it legally in a foreign country, that it is legal for you to use it in the U.S. for personal use, and without further redistribution.

      I found (1) to be plausible, and I know (2) is true (because I know my own actions), and I went to read the law on (3). In fact, the only one I didn't have direct knowledge of was (1), although the site itself claimed that it was in compliance, which is a reasonable enough for most people (including me).

      So, I'm failing to see how I should "reasonably suspect" this should be illegal. I know if AllofMP3 were in the US it would be illegal (the RIAA would never license the music for so little), but in Russia the laws are different. I'm paying money for a product I can use (Vorbis format music) that is download-only. I don't see how it *should* be illegal. I'm not breaking copyright law, and I don't use P2P to "share" my collection. I just listen at home (and in my car).

      I guess maybe the difference is that everyone here expects that they should be routinely screwed by big labels. I believe that "fair use" includes music I can actually use (i.e. copy to different computers and listen on whatever device I happen to buy), as well as be available for a decent price. I'd be happy to pay more than $0.02/MB, but right now, there are no sites that support Linux, offer Vorbis, and have a big selection other than AllofMP3. I use Magnatune, actually, but they are kind of a small operation right now.

      Anyway, I ramble. Bottom line: the underground piracy scene for music doesn NOT exist because there isn't sufficient DRM in place. It exists because the price point is simply too high. If we had a site that offered DRM free downloads for $0.10-$0.20 / MB (offering encode-on-the-fly so you could pick your format), a lot of the incentive people have to pirate would simply disappear. Primarily, I think inconvenience drives piracy. This isn't always true, but there would be a profitable market for what I describe. Especially if they kept up their campaign to put a stop to "big distributers" online; if they make it obvious that it is wrong (and punished a few people as they're doing now), and ALSO provide a decent alternative with all the benefits for a reasonable price (whatever, $0.10 - $0.20 a MB seems fine), people will buy. This would be close to $8 at the low end for a 14 track album with tracks averaging 4 MB, and twice that much at the high end.

    81. Re:The real question is - by cpt+kangarooski · · Score: 1

      What if I downloaded it in Russia or Canada, and then brought my laptop home?

      Then that's an import. Imports are a form of distribution, and are prohibited under 17 USC 106(3). Exceptions might be available in 109 (but not in this example), if both 602(a) AND (b) are satisfied, which is unlikely, or under 107, which would be your best bet, and not a great one.

      What if I downloaded it in Russia, and then e-mailed it to myself?

      Reproduction when you download your email.

      My having paid for it with a U.S. PayPal account doesn't make it a download in the U.S.

      Why not? Remember, the burden of proof in a copyright infringement suit is a preponderance of the evidence. That is to say, if it is more likely that you did something than that you didn't, then it's considered proof that you did it. Absolute certainty is not required. Plus of course, in discovery they can require you to turn over anything you downloaded, and probably make you to testify.

      Really all I'd be wondering about in that scenario is which work is involved, since the appropriate person has to sue you.

      --
      -- 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.
    82. Re:The real question is - by Eccles · · Score: 1

      Then that's an import. Imports are a form of distribution

      Huh? 106(3): "(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;"

      Bringing my laptop or whatever home is in no way distributing to the public, nor is there selling, rental, lease or lending involved, nor other transfer of ownership.

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    83. Re:The real question is - by PhilHibbs · · Score: 1

      This is all based on copyright law, which in turn is based on international treaties. You need a licence to import copyright material into the UK, a contract in Russia isn't going to change that. You can bring it in yourself for personal use, but CD-Wow have already been stopped from posting CDs from Hong Kong based on this law. They probably settled out of court, though, so it won't count as a precedent.

      Sometimes I think the big interests such as the RIAA or BPA (UK equiv.) don't want the law to be tested, they're happy to sabre-rattle over it.

    84. Re:The real question is - by Anonymous Coward · · Score: 0

      And exactly how much other "crap" art that we don't know about was produced in Van Gogh's time?

      Things aren't that much different today.

      I always hate it when people say music sucks today. Usually they're not listening to the right music (for them), or they're just trying to start a flame.

      So I'll bite. Fuck you. There. I said it.

    85. Re:The real question is - by cube_slave · · Score: 1
      ...under American law, the downloader does indeed infringe copyright and may be pursued in the civil courts by the copyright holder...
      Can you give a single example of when this was the case? Even the RIAA is suing "distributors" not downloaders. How does copyright apply to simply aquiring a copyrighted work? The downloader is not making unauthorized copies of anyones work.

      To give another example, if a store was burning CDs and selling them without the copyright holders' permission, you're arguement is the copyright holder is able to go after the customers along with the store.

      I don't think this has ever held up in court, but prove me wrong.

    86. Re:The real question is - by starrsoft · · Score: 1
      "In addition, they are only investigating"

      Wrong. RTFA:

      After long-standing complaints, the Moscow City Police Computer Crimes division completed an investigation earlier this month and recommended that prosecutors charge the site's operators with criminal copyright infringement.
      Read more thoughts...
      --
      Read my blog: HansMast.com
    87. Re:The real question is - by Muad'Dave · · Score: 1

      ...violate plaintiffs' reproduction rights.

      Let's not bring abortion into this!

      --
      Tiller's Rule: Never use a word in written form that you've only heard and never read. You will end up looking foolish.
    88. Re:The real question is - by m50d · · Score: 2, Insightful
      Basic principles seem to be where we differ then. I think it will be OK to stop buying things at all. It strikes me as absurd to insist that people have to keep working when there's no need for it. If you can copy everything like that, most jobs will disappear. Are you going to insist that large numbers of people should starve because they have no job and no money, when they could replicate food at no cost to anyone - well, except possibly the food companies, since they are reducing the cost of food by getting theirs for free, when they should be begging to get enough money to live on, or something. In a world where you can copy anything for free, saying you are allowed to copy anything seems to me to be the only sensible choice.

      With other things, I will try to get for free what I can't afford. I'll borrow a book from a library, or buy it secondhand, if I want a book and have spent all I can on books for the month. If I want a coat and have spent what I can on clothes, I'll look for one in a charity shop or something. If I need a new graphics card and can't afford one I'll put a note in my /. sig asking for one. (Well, I did this once anyway). My "I can afford it" list is what I really like, and I do make an effort to buy what I downloaded last month if I have money spare this month. I take your point about me getting value from it, but the way I see it, if it has no effect on me whether or not you have something, why should I want you not to have it?

      I don't think it should be illegal to copy things. Your plasma TV analogy is a perfect example really - provided he lets you, I think you should be able to make a copy. The way I see it that's likely to lead to a better lifestyle for most of humanity than artificial scarcity of things. I know when reading science fiction, the societies where you can get anything you want just by asking for it seem like a better one to live in - I'm thinking of Peter Hamilton's The Naked God mainly here, where it is seen as self-evident that a free matter replicator will solve most of humanity's problems as exemplified by the other society which has such a thing, also perhaps to a lesser extent the Culture.

      One last argument: the great artists did not live by having control over the reproduction of their works. Michaelangelo, Beethoven, Shakespeare didn't make a living getting royalties of the copies sold - Shakespeare sold copies of his scripts for a few pence on the way out. They made their money through commissioned works, and selling them to people who wanted to see them first. Some owners would then keep an original painting secret and their own - but most would sell copies of it to others, at far lower prices than they had paid, and not give the original artist any of it. It's the original which costs the money, the copying is peanuts - which was reflected in the pricing. It's only in the past few centuries that a business model based on restricting copying and selling every copy for the same price has existed. I think a return to the old model is the most likely result of the ease of digital copying, and see this as no bad thing. The wealthy or truly fanatic will pay bands to produce a song for them, and probably perform it for them at some event - royal birthdays spring to mind. Therafter it will be released to the public for all to enjoy - but the person who paid holds the original, and everyone knows it, and purists insist you haven't heard it until you've heard the original. It doesn't matter that they're the same.

      --
      I am trolling
    89. Re:The real question is - by cpt+kangarooski · · Score: 1

      You'd think so.

      The problem is that a canon of statutory interpretation is that it is never correct to read a law such that it would have no effect; if Congress wrote it, it must mean something.

      Congress specifically said, in section 602, that importation falls under distribution. And furthermore, they created an exception that applies to a person importing one copy, but not multiple copies. Therefore, importing multiple copies must not be within the exception, and since the exception is meaningless if conduct outside of it is noninfringing, it must be infringing too.

      Nice try though.

      (note in reading 602 that you need to satisfy 602(a) AND (b), and that some of their exceptions might only be applicable only to the one subsection, and not the other)

      --
      -- 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.
    90. Re:The real question is - by steve_bryan · · Score: 1

      "No. You can copy all you want for yourself. You can go to the library and photocopy everything. It's legal. In most of the nations anyway. Copyright isn't actually the right to make copies, but the right to publish them."

      This aspect of the issue is what has made all of this so contentious. Copyright law for most of its limited existence has been about regulating the behavior of publishers in a manner that is supposed to maximize the distribution of material both old and new. The attempt to extend its reach to consumers rather than limiting it to publishers has been the cause of a great deal of dispute.

      Until 1998 there wasn't even a law available for criminal prosecution of copyright infringement if there wasn't money involved (i.e. there were no publishers involved). That is why the case against the MIT student who ran an FTP site was thrown out and why the law was purchased to make users into potential targets.

      If the copyright cartels were to back away from their attempt to extend the copyright laws from publishers to consumers they would have much more easily defensible positions in cases like AllOfMP3.com and other potentially illegal publishers. Instead we hear this bullshit about how copying data from RAM to a hard drive constitutes infringement and it is at the perogative of the copyright holder whether this violation is pursued.

      Does it really take so much vision to see that pursuit of this sort of extreme position is doomed to failure? The people who wanted to use the law to prohibit the consumption of alcohol probably thought they were right in every important sense.

      I would agree with Kirth about copyright law in the past. But as Samuel Clemens said no one is safe while Congress is in session. Watch out for all that new legislation (including abominations like the DMCA).

    91. Re:The real question is - by Eccles · · Score: 1

      I still say "Huh?" I'm not importing multiple copies; I'm importing a single copy of a given work, and as part of my personal baggage, both of which make my importation acceptable under 602(a) 2. Remember, we were talking about (a hypothetical) me bringing my laptop back from out of the country. allofmp3.com isn't doing the importing.

      My non-lawyerly reading of 602(b) is that you can't legally import copies that were illegally created in their place of origin.

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    92. Re:The real question is - by zod1025 · · Score: 1
      So for example, it's facially illegal to record a TV broadcast as that would infringe on the reproduction right.

      According to this and this
      it seems that non-commerical, private copying is non-actionable, irrespective of 106 and 107. IE - downloading, ripping, time/format-shifting, mixing, etc are free and clear, provided I don't step over the "private" and "non-commercial" boundaries.

      What say you to that?

      --

      -ZOD-
    93. Re:The real question is - by cpt+kangarooski · · Score: 1

      Yes, but your earlier point was that importation where you didn't sell it, etc. didn't fall under distribution at all.

      If you're saying that it's exempted by 602(a)(2), then this means it must fall under 106(3), or else the exemption would not be needed. And we never read the law to not be needed. The fact that 602(a)(2) exists means that it has to, or else it would be banned by 106(3).

      So for 602(a)(2), yes, your example satisfies that, but we weren't discussing that before.

      This leaves 602(b), which also needs to be satisfied, since 602(a)(2) doesn't touch it.

      The key of 602(b) is this:

      In a case where the making of the copies or phonorecords would have constituted an infringement of copyright if this title had been applicable, their importation is prohibited.

      'This title' is Title 17 of the United States Code. I.e. US law.

      So 602(b) says that if it would have been illegal to make the copy in the US, under US law, then it is illegal to import them.

      Now, why are you going to the bother of going to Russia to begin with, but to exploit a law they have that we don't! That is, you're going there to do things that are illegal here. That being the case, it's illegal to import those copies into the US, since you could not have legally made them here to begin with.

      Remember that the purpose of banning imports is to ensure that people cannot circumvent copyright law by relying on the differences in the law of other countries. If people could reliably go abroad to pirate, and could get away with it, copyright in the US would quickly be meaningless. We don't want that, so import restrictions are the answer.

      --
      -- 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.
    94. Re:The real question is - by cpt+kangarooski · · Score: 1

      I say that the exception in 17 USC 1008 is certainly very interesting, but it is very limited.

      101 and 1001 define some crucial terms used in 1008. The gist of it is that the 1008 exception is only available where:

      * You're copying sound recordings that aren't spoken-word
      * You're a natural person
      * You're acting noncommercially (which potentially could be read to require that you own a lawfully made copy as well, and are not using 1008 as a substitute to buying any copies)
      * You're using the required devices or media to make the recording, which basically does not include computers, mp3s, etc. Rather, DAT, Minidisc, Audio CDR, etc. This probably precludes downloading.

      So for the rare times that 1008 is applicable, great. But people rarely ever act in a way that it's useful, and rarer still actually do use it. And when you do, it's not that useful.

      Since it's basically irrelevant to this discussion, I'm wondering why you're bringing it up.

      --
      -- 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.
    95. Re:The real question is - by ndogg · · Score: 1

      Shoot, this entire time I thought the mp3s were downloading me.

      --
      // file: mice.h
      #include "frickin_lasers.h"
    96. Re:The real question is - by Eccles · · Score: 1

      It seems to me the distribution/importation issue is irrelevant, all you need to talk about is 602(b) regardless of any other status.

      But we haven't agreed that AllOfMp3.com is distributing copies in violation of this section, at least to people downloading in Russia. They claim to have a legal license to distribute via the internet, at least within Russia.

      Now, there are those who have said it's some sort of mechanical license, and thus there is no permission from the RIAA or its members. In that case, you could argue the copies aren't being made with the copyright holder's consent, and thus the Russian license is in violation of U.S. law. But if the record company has cashed any checks sent their way under this license, that would be harder to argue, I would think.

      Now, why are you going to the bother of going to Russia to begin with, but to exploit a law they have that we don't!

      You think that's the only reason a person would go to Russia? You could buy a lot of CDs for the price of that plane ticket. The whole idea of personal baggage import is based on the assumption that people don't smuggle single copies.

      If people could reliably go abroad to pirate, and could get away with it, copyright in the US would quickly be meaningless.

      Overseas trips aren't free, you know. That seems to be an appeal to ethics, not law.

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    97. Re:The real question is - by cpt+kangarooski · · Score: 1

      It seems to me the distribution/importation issue is irrelevant, all you need to talk about is 602(b) regardless of any other status.

      No, it still has to be a situation where we care.

      At this point 602(b) is relevant because of an unusual hypothetical involving going to Russia, downloading music, and coming back with a copy of it.

      Downloading, as discussed earlier, is not importation at all, and so none of 602 is relevant. Rather, the key offense is that the downloaders in the US are reproducing the work illegally.

      In that case, you could argue the copies aren't being made with the copyright holder's consent, and thus the Russian license is in violation of U.S. law.

      No, it just is not legal outside of Russia. Since many downloaders are in the US, which is not part of Russia (except for that 'Red Dawn' part) they're left in a bad position.

      The whole idea of personal baggage import is based on the assumption that people don't smuggle single copies.

      Personal baggage allows for multiple copies; importation aside from that (i.e. ordering things) is single copies only.

      Overseas trips aren't free, you know. That seems to be an appeal to ethics, not law.

      No, remember that the US has borders with Canada and Mexico. Historically there have been interesting situations with people crossing these borders and pirating when our laws were less similar. Now you might need to go further, but transportation isn't that hard either.

      At any rate, the law is concerned with it.

      --
      -- 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.
    98. Re:The real question is - by cpt+kangarooski · · Score: 1

      Can you give a single example of when this was the case?

      The Napster case, the Intellectual Reserve case, the Marobie-FL case, all said this.

      Even the RIAA is suing "distributors" not downloaders.

      And I remember when they only sued P2P networks, not users of any kind. What they do today doesn't limit what they might do tomorrow. Basically this is done for tactical reasons: it's more effective to go after larger infringers first. Networks are bigger than uploaders who are bigger than downloaders. Taking out a bigger target makes life hard for the smaller ones. Since there are fewer bigger targets than smaller ones, it's also cheaper and easier. Basically a head of the snake kind of attack.

      The downloader is not making unauthorized copies of anyones work.

      That is exactly what he is doing.

      --
      -- 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.
    99. Re:The real question is - by ahrenritter · · Score: 1

      As far as US copyright law goes...
      US CODE: Title 17,602. Infringing importation of copies or phonorecords
      http://assembler.law.cornell.edu/uscode/html/uscod e17/usc_sec_17_00000602----000-.html/

      There is this section of code specifically discussing importing of copyrighted works.
      (2) seems to indicate that as long as it is a single copy for personal use (not distribution) that it is exempt from the infringement declared in section (a).

      That, plus the declaration by allofmp3.com and ROMS that they were licensed to distribute made me comfortable enough to buy bandwidth to download music from them.

      It seems to me that the investigation currently underway pertains specifically to Russian artists (the artist organization has a current dispute with ROMS). I am not sure how that bears on the issue of distribution of foreign works.

      --

      All I wanted was a rock to wind a piece of string around, and I ended up with the biggest ball of twine in Minnesota
    100. Re:The real question is - by David+Rolfe · · Score: 1

      You sir, are brilliant. Thanks for the education. I've always felt in my gut that Allofmp3 would be illegal for me -- a Floridian -- to use.

      --
      Read Heinlein's 1953 Revolt in 2100, now more than ever.
    101. Re:The real question is - by cpt+kangarooski · · Score: 1

      Well, a good rule of thumb is that if a deal seems too good to be true, it probably is.

      Whereabouts in FL are you?

      --
      -- 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.
    102. Re:The real question is - by AliasMoze · · Score: 1

      "Actually, downloading copyrighted music without permission or an applicable exception is always illegal in the US.

      Downloading is a form of reproduction, and reproduction is an exclusive right of the copyright holder. Uploading is a form of distribution, and distribution is another exclusive right of the copyright holder. So really, you can't do either."

      Hmm. I've downloaded songs in the U.S., and the downloads were perfectly legal. I did not download from the copyright holder. How in the world could that be?

    103. Re:The real question is - by redivider · · Score: 1

      I think it will be OK to stop buying things at all. It strikes me as absurd to insist that people have to keep working when there's no need for it. If you can copy everything like that, most jobs will disappear. Are you going to insist that large numbers of people should starve because they have no job and no money, when they could replicate food at no cost to anyone - well, except possibly the food companies, since they are reducing the cost of food by getting theirs for free, when they should be begging to get enough money to live on, or something. In a world where you can copy anything for free, saying you are allowed to copy anything seems to me to be the only sensible choice.

      I do see your point. But I don't think it's that simple. I guess it's sort of an absurd argument, because I don't think we're going to get to the point where you can just make copies of anything you want any time soon... But I can't imagine that the ability to easily make copies of everything will allow everyone to quit their jobs and live in some utopian society where everything is free and everyone gets what they want.

      Sure, it would probably solve a lot of the food shortage problems of the world, which would be a great thing. But I can imagine negative effects as well. Once everyone starts copying things instead of of buying them, there's no incentive for people to spend the time and money making new things. Why would Sony invest time and money in making the next generation of TVs (or whatever) if no one's gonna buy them?

      In this (somewhat ridiculous) scenario, even the "copying machine" itself could be copied so they would be accessable to everyone, which would in turn make everything that currently exists accessible to everyone. So really, only the people who actually like what they do would continue working. For example I could see a lot of research and development work continuing, but all those shitty jobs that no one wants? Looks like everyone decided to quit. Hey, if you can copy whatever you need, why work?

      Obviously there's a huge amount a grey area here. Who's to say what would happen in such a far-fetched scenario? I guess the point is that, a lot of things sound good in science-fiction, but it doesn't mean it would actually happen that way in reality.

      One last argument: the great artists did not live by having control over the reproduction of their works. Michaelangelo, Beethoven, Shakespeare didn't make a living getting royalties of the copies sold - Shakespeare sold copies of his scripts for a few pence on the way out. They made their money through commissioned works, and selling them to people who wanted to see them first. Some owners would then keep an original painting secret and their own - but most would sell copies of it to others, at far lower prices than they had paid, and not give the original artist any of it.

      Hmm... sounds familiar. Technically, recording artists get a % of royalties now, but the contracts are structured so that the record company makes most of the money anyway... the artist makes little to nothing on royalties until you get into millions of album sold.

      Also, whether or not the artist got any of the money seems irrelevant. People were still being charged for the copies. Sounds to me like when they "commissioned" the work what they were really doing was buying the copyright. Copyright law may not have existed, but it's the same idea. And how do you know that the great artists were happy with these sort of agreements? Maybe they just took what they could get? There wasn't a "music industry" like there is today, so they really had no other options except to just starve to death (or get another job).

      It's the original which costs the money, the copying is peanuts - which was reflected in the pricing. It's only in the past few centuries that a business model based on restricting copying and selling every copy for the same price has existed.

      I don't know of any piece of art or music where th

      --
      Sinch
    104. Re:The real question is - by farnz · · Score: 1
      Also, whether or not the artist got any of the money seems irrelevant. People were still being charged for the copies. Sounds to me like when they "commissioned" the work what they were really doing was buying the copyright. Copyright law may not have existed, but it's the same idea. And how do you know that the great artists were happy with these sort of agreements? Maybe they just took what they could get? There wasn't a "music industry" like there is today, so they really had no other options except to just starve to death (or get another job).

      It's the original which costs the money, the copying is peanuts - which was reflected in the pricing. It's only in the past few centuries that a business model based on restricting copying and selling every copy for the same price has existed

      I don't know of any piece of art or music where the copies are being sold for the same price as the original. Again, sounds pretty much like what's going on today. The original recording of an album can cost anywhere from $10,000 to $10,000,000. Compared to that, $10 for a copy seems like peanuts to me.

      You're missing the key difference; before copyright law, the standard pattern was as follows:

      1. Rich man pays artist to produce a work.
      2. Rich man sells copies to friends.
      3. Rich man's friends sell copies to their friends.
      4. Rich man's friends' friends sell copies to their friends.
      and so on. Copyright law bans everything from 3 onwards without permission from the rich man (I'm assuming that he pays for transfer of copyright).

      Copyright law was a reaction to the creation by Gutenberg and co. of an expensive system to produce cheap copies of certain classes of work. As such it was an industrial regulation, designed to ensure that those people profiting from copying a work did not do so at the expense of those who created the original, and I do not believe that it was intended to act as a restriction on your ability to give away copies of stuff you've got to your friends.

      I would argue that morally, copying a friend's music at no charge (barter or money) isn't wrong; it's not different enough from lending them your copy without charging for it. As soon as there is a fee imposed (whether it be a penny per copying session, selling a derivative work such as a musical mash-up, I'll let you copy mine if I can copy yours, or simply insisting that you must buy CD-Rs from me to copy stuff onto), I believe that you have crossed the line into profiting unfairly from someone else's work, and should not be allowed to do so without permission from the copyright holder.

      Note that in terms of P2P trading, this implies that systems that do not attempt to prevent "leeching" are morally OK. Systems which do attempt to restrict "leeching" are not, as they are insisting that you trade use of your bandwidth for copyrighted materials.

      I would argue too that people do things not just because they are paid to do so, but because they enjoy their work. Even if I had one of your infinite replicators, I would still go to work, and create equipment used to produce television programs (my current job). I agree that we'd have to automate messy jobs that aren't fun (like sorting through rubbish), but I suspect that given time, people would be inspired to deal with that class of problem for their own personal benefit.

      Oh, and it's nice to discuss this sort of thing sanely on Slashdot; too many people get caught up in the "it's illegal, and you're BAD if you're not sure it should be" mentality, or it's opposite on the illegal side of the fence.

    105. Re:The real question is - by m50d · · Score: 1
      But I can't imagine that the ability to easily make copies of everything will allow everyone to quit their jobs and live in some utopian society where everything is free and everyone gets what they want.

      Bluntly, I can and I do. I believe, perhaps optimistically, that people are on the whole good, that this is a good thing, and that people will try and do this.

      Why would Sony invest time and money in making the next generation of TVs (or whatever) if no one's gonna buy them?

      If the current generation is good enough, they won't, but why do they need to? I don't see forced upgrades to maintain sales as a good thing. If the newer TVs really make the difference, then someone who cars a lot will make one, or find some way to persuade others to.

      So really, only the people who actually like what they do would continue working. For example I could see a lot of research and development work continuing, but all those shitty jobs that no one wants? Looks like everyone decided to quit. Hey, if you can copy whatever you need, why work?

      You say it like you see this as a bad thing.

      And how do you know that the great artists were happy with these sort of agreements? Maybe they just took what they could get? There wasn't a "music industry" like there is today, so they really had no other options except to just starve to death (or get another job).

      The fact that they didn't go get another job shows that this was a better deal than the average person got. Which is all anyone deserves, imo, no matter how talented they are. I don't feel that you deserve a much better lifestyle than a normal person just because you can sing well - an artistic career doesn't seem to involve much more hard work than any other

      What makes that any better than the current way of doing it? Why should one person have to pay some exorbitant amount of money for an artist to create something so that everyone else can get it for free?

      It's better because there is less emphasis on selling to as many people as possible. Artists don't need to be mainstream and try and appeal to everyone, which results in blandness. You can make just as much by having a small, very dedicated group of fans, as by being liked a bit by everyone. Also, there is less of the black and white distinction between those who make it and those who don't. At the moment there are a few bands who stay small and keep going for years, but it takes a lot of dedication and they usually have a pretty low standard of living. When it's a negotiated fee for a commissioned work, there are more levels in between. You buy a piece from the biggest local band you can afford. Because there are more medium people than rich people, bands can be successful without being top flight, ultimately resulting in more successful bands.

      I can't imagine all music being paid for by rich people who want to have an artist perform at some event and then recording it and letting everyone else copy it. What about studio recordings? Are all new albums going to be paid for by these rich people, just for the privelage of sitting in the studio while everything is being recorded? Oh and they get to keep the master tapes, but there isn't much difference between them and the copies. They sound pretty much identical. I could care less if I own the original 2" tapes or hard drives that an album was recorded on.

      I can. I can't say that's the way it's going to be, but I see it as a possibility. I would certainly pay a lot to be sitting in the studio, giving input, when one of my favorite bands was making a new album, and being the first person to hear it. I probably couldn't afford to do it with the superstars, but a small local group, maybe someone I know in it, yeah I'd pay to do that even if the songs were free afterwards. When I got married (I said I was optimistic) I'd get a new song performed there, maybe other birthdays if I did well enough.

      It's possible that things working this way would make it impossible for artists to become really big, because most people can't afford it. But I think there's probably enough rich people around. And even if not, if it means more artists make a comfortable living, then it's worth it.

      --
      I am trolling
    106. Re:The real question is - by sylvandb · · Score: 1

      17 USC 501, 17 USC 106, and for good measure, 17 USC 101, which contains special definitions of the terms used in the other sections. Pay special attention to the exclusive right of reproduction (17 USC 106(1)).

      So interesting things I learned there...

      There is no definition of reproduction. One might reasonable assume that reproduction means "making copies."

      However, "copies are material objects" and none of that is involved when downloading. It appears that downloading an MP3 (or other audio recording) is actually possible because the provider is doing a public performance "by means of a digital audio transmission" (as referenced in 106.6).

      Stupid laws from stupid lawyers, stupid legislators, and stupid judges.

      sdb

    107. Re:The real question is - by Bob+Gelumph · · Score: 1

      -- Subject to sections 107 through 122 Have you read what is in those sections?

      --
      I'm gonna need a spec.
    108. Re:The real question is - by redivider · · Score: 1

      I guess I'm more of a pessimist than I thought.

      If everything you are talking about were to actually happen, it would be great. I just really don't see things happening like that.

      --
      Sinch
  5. Music to my ears by Anonymous Coward · · Score: 0

    Hmm, hard to make a judgement on so little information.

    I can see it being an oversight by the record companies leaving a loophole that the Russians exploited, that will soon be closed with money.

    Kazaa still costs less, so who cares. :P

  6. Heise News article by derphilipp · · Score: 5, Informative

    Theres also an article on the german newsswite Heise : http://www.heise.de/newsticker/meldung/56678
    Babelfish Translation

    --
    Spelling mistakes: My is english spoken not tongue of mother.
  7. Those documents are valid! by Anonymous Coward · · Score: 0, Funny

    AllofMP3 bought valid licenses and even got the Brooklyn Bridge for $1 in the same deal.

    1. Re:Those documents are valid! by trusteR · · Score: 2, Funny

      Maybe they could strike a deal in purchasing the Eiffel tower. The rates for scrap metal in Russia is pretty high at the moment.

      Also, 1$ is a pretty nifty sum with the US inflation at the moment.

    2. Re:Those documents are valid! by Anonymous Coward · · Score: 0

      Seems to me it's the World Trade Centre that was sold for scrap metal.....not the Eiffel Tower.........

  8. I only hope that by tetromino · · Score: 2, Insightful

    all the information about the customers (logs, purchase profiles, IP addresses, credit card numbers (if they keep those on file), ...) doesn't eventually end up in the hands of the Moscow police. It's not the most trustworthy police organization. </understatement>

    1. Re:I only hope that by Anonymous Coward · · Score: 0

      Your assuming they would have a clue what to do with them.

    2. Re:I only hope that by Anonymous Coward · · Score: 0

      Fuck.

      Fuck fuck fuck.
      Fuck.

      I knew buying ANYTHING from russia was a bad idea. I knew it. I joked with my friends that "On the one hand, I can download music for cheap. On the other hand, I may as well consider my card stolen."

      FUCK.

    3. Re:I only hope that by CmdrGravy · · Score: 5, Funny

      This is why it's a good idea to only use stolen credit cards online.

    4. Re:I only hope that by jstockdale · · Score: 1

      I'd be more worried about the RIAA getting ahold of that list ...

      *cringe*

      -S ...

      --
      **AA: a bunch of mindless jerks who'll be the first against the wall when the revolution comes
    5. Re:I only hope that by Pahalial · · Score: 1

      Grandparent is twice the fool, since they allow you to send them the money via Paypal.

      --
      Stuff.
  9. Where will us Canadians get our music now? by Erazmus · · Score: 4, Interesting

    Canadians have enjoyed free downloads because of a tax that we pay on blank media. It will be interesting to see if the customer list of allofmp3.com gets 'acquired' by any law enforcement or copyright holder in North America. If so, I wonder if any Canadian downloader would have broken any laws? I suspect not, but IANAL.

    1. Re:Where will us Canadians get our music now? by Mr+Fossey · · Score: 1

      Nah, other than being a sucker (because you're paying for something that's legal to download for free in Canada) you're not doing anything illegal.

    2. Re:Where will us Canadians get our music now? by isorox · · Score: 1

      In my understanding of the law you are downloading something, not making a copy and distributing to someone else, so it's legal.

    3. Re:Where will us Canadians get our music now? by shark72 · · Score: 1

      " Canadians have enjoyed free downloads [com.com] because of a tax that we pay on blank media."

      A common misperception. To clarify:

      1. Downloading MP3s in Canada has been deemed to be legal.
      2. Canadians pay tarrifs on blank media.

      "because of" is incorrect. These are not directly related. Canada may have socialized medicine and other similar programs, but your music industry is not socialized.

      --
      Sitting in my day care, the art is decopainted.
    4. Re:Where will us Canadians get our music now? by rideaurocks · · Score: 1

      I heard that the "tax" was removed not too long ago here in Canada. Technically we're not covered any more.

    5. Re:Where will us Canadians get our music now? by DeeKayWon · · Score: 1
      I heard that the "tax" was removed not too long ago here in Canada. Technically we're not covered any more.

      Only the tariff collected on portable digital audio players was struck down. It still applies to blank CDs, tapes and Minidiscs.

    6. Re:Where will us Canadians get our music now? by DeeKayWon · · Score: 1

      The private copying exemption (which is what makes downloading legal) and the establishment of the tariffs are both part of Part VIII of the Copyright Act, titled "Private Copying". To say that they're not directly related is just plain wrong. We pay the tariff, and in exchange we get the private copying exemption.

    7. Re:Where will us Canadians get our music now? by rideaurocks · · Score: 1

      Ahh spiffy. I think that's most fair.

    8. Re:Where will us Canadians get our music now? by Ahnteis · · Score: 1

      In the US, we pay tax on "audio" blank CDs AND we get sued by the RIAA.

    9. Re:Where will us Canadians get our music now? by Anonymous Coward · · Score: 0

      Canadians are free to download anywhere we want for personal use. You can use any of your favourite P2P programs. Uploading is illegal, as always. However, Justice Konrad von Finckenstein ruled that having songs in your shared dirs of your P2P program is not enough evidence for uploading, similar to having photocopiers in libraries. This is a temporary ruling as the music cartel is appealing the decision.

      August 2004: "Case comment on P2P file sharing decision"
      http://library.lsuc.on.ca/GL/
      stay_inf ormed_tech_04_2.htm

      This copyright grant for personal copying is a sham and a con. The music cartel can't and won't bother tracking downloaders to sue, even without this grant, for the same reason they're appealing Justice Konrad von Finckenstein's ruling - too hard and too costly. This grant doesn't take DRM and other copy preventions into account, and you pay the music cartel more than you get in return. Backup your original music CDs and you pay; backup any non music data and you pay; use a blank CD, or other taxed recordable media, in every way except recording music on it and you pay; recording your Russian or non Canadian music and you pay. Additionally, the music cartel keep the majority of the money under "administration fees". Then, they use their distribution monopoly to calculate the popularity of their artists, thereby, keeping more of the money to themselves.

      Therefore, if you want their music, download anywhere you can, but don't pay for it because it's legal. You don't even need this Russian service, or Apple's service, or worry about illegally downloading music in Canada.

      The best action to take is to avoid their narcotics/music because you never know when you'll get addicted.

  10. What? by ricotest · · Score: 4, Funny

    You mean... AllOfMp3's insanely cheap, Russian-hosted mp3s aren't entirely legal? I'm shocked!

    1. Re:what? by cduffy · · Score: 4, Insightful

      pay for mp3s? what kind of loser does that?

      The kind of "loser" who actually cares about consistant, quality audio, encoded in the format of their choice (which, in the case of this "loser", is generally not MP3).

      Likewise, the kind of "loser" who has better things to do with their time than sift through P2P networks trying to weed out the quality from the crap, or searching and re-searching to find a complete album; or the kind of "loser" who would like to have at least some kind of respect for copyright law.

    2. Re:What? by Anonymous Coward · · Score: 0

      In Soviet Russia the mp3's are legal! (er, wait a sec...)

    3. Re:What? by Anonymous Coward · · Score: 3, Interesting

      "AllOfMp3's insanely cheap" ... or US downloads are insanely expensive.

    4. Re:what? by Anonymous Coward · · Score: 0

      the kind of "loser" who would like to have at least some kind of respect for copyright law.

      More fool you. Loser.

    5. Re:What? by strider44 · · Score: 2, Informative

      AllOfMP3 isn't cheap by russian standards, and there doesn't seem to be anything stopping people exporting the songs. I'm wondering what will gome of this, since it isn't clear cut.

    6. Re:What? by Alsee · · Score: 2, Funny

      I don't know where you are, but where ever it is I think you'll be able to hear my houls of laughter if/when the Russian authorities declare that AllOfMP3.com is indeed in compliance with all applicable laws. It would make it one of the biggest and best "Operation-Foot-Bullet"s by the copyright lobby ever.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    7. Re:what? by iONiUM · · Score: 1

      Likewise, the kind of "loser" who has better things to do with their time than sift through P2P networks trying to weed out the quality from the crap, or searching and re-searching to find a complete album;

      Erm, not to troll or anything, but i don't know if you visit some of the bigger bittorrent sites. They usually have full albums for a lot of artists, and if you look just a little harder (ie. google) you can often find the more obscure ones. Failing that, there's always Limewire which is pretty damn good. Honestly, getting a free full album in good quality isn't hard at all now, especially with BT.

    8. Re:What? by Anonymous Coward · · Score: 0

      AllofMP3 is legal and the only reason they want them out of business is that there hurting business for places that use DRM and charge higher prices. This is exactly why I only do business with them in the first place. How else can Linux users get music on line.

    9. Re:what? by cduffy · · Score: 1

      They usually have full albums for a lot of artists, and if you look just a little harder (ie. google) you can often find the more obscure ones.

      Maybe so, but will they have that obscure artist's CD in 192kbps Vorbis, or FLAC? One of the nice thing about using allofmp3 was that not only do they have a nice collection w/o any need to look around (multiple bittorrent sites, Google, etc), but they'd custom-encode things to exactly your preferred spec.

      I'm sure that getting a full album in good quality via peer-to-peer tools isn't as hard as it used to be -- but it's still not as easy as having a single-source website that has damn near anything and builds to order. Having the aura of reason-to-believe-it's-legal (ie. knowing with *certainly* that the RIAA and friends will go after the site, and not after the individuals using it) is useful, too.

    10. Re:what? by cduffy · · Score: 1
      the kind of "loser" who would like to have at least some kind of respect for copyright law.

      More fool you. Loser.

      Possibly unlike you, I own copyright to a lot of works. I'd like folks to give the copyrights I own at least some modicum of respect; consequently, it seems appropriate to behave likewise wrt copyrights owned by others. It's this thing called the "golden rule", see -- typically they try to instill it around Kindergarten or so.
    11. Re:what? by Overzeetop · · Score: 1

      Are you familiar with the AllOfMP3 site? It's easily searchable, YOU choose the bitrate & format, and there are no dead links. It's not as complete as I'd like, but it's a hell of a lot more complete than any bittorrent site I've ever seen. Usenet is my second favorite "service", and I get ~6 weeks of backlog. It's great for finding in-genre "new" (to me) artists to try out, but it can be difficult if you want a particular song.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    12. Re:what? by Anonymous Coward · · Score: 0

      I didn't know you could copyright turds?

    13. Re:what? by Anonymous Coward · · Score: 0

      > Likewise, the kind of "loser" who has better things to do with their time than sift through P2P networks trying to weed out the quality from the crap, or searching and re-searching to find a complete album; or the kind of "loser" who would like to have at least some kind of respect for copyright law.

      What kind of loser would pollute P2P networks like that? What kind of loser would buy DRM, whiiiinnnneeeee, use DRM circumvention tools, and buy more DRM?

    14. Re:what? by cduffy · · Score: 1

      Huh?

      Allofmp3.com's media comes without any DRM. I don't know what you're talking about.

      Or are you asking what kind of loser puts bad content (ie. poorly encoded MP3s) on P2P networks? I don't know, exactly, but there tend to be a lot of them.

    15. Re:what? by cduffy · · Score: 1

      Now you're not even trying.

      Please -- if you're going to troll me, at least you can come up with insults that I could maybe take seriously enough to get offended by?

  11. It's not like this is a surprise... by Kevin143 · · Score: 5, Interesting

    I, hypothetically speaking, downloaded from AllofMP3. I didn't really care that it's illegal. The important thing to me and many others is that the music was high quality and at a much more reasonable rate than iTunes. It was a reasonable enough rate that paying for AllofMP3 was a better value for me than wasting my time sorting through Kazaa. AllofMP3 gave me good quality OGGs or LAME MP3s with fast downloads, and was probably closer to being legal than Kazaa.

    1. Re:It's not like this is a surprise... by CmdrGravy · · Score: 2, Insightful

      Whether it's legal or not they are offering a great service, they charge based on the amount downloaded and you can choose what format / bitrate to use.

      Personally this means I am happy to pay more money for good quality tracks which I like and less for lower quality ones which I am just checking out.

    2. Re:It's not like this is a surprise... by Anonymous Coward · · Score: 1, Insightful

      "The important thing to me and many others is that the music was high quality and at a much more reasonable rate than iTunes."

      So it doesn't bother you that you are supporting a business model that is MORE exploitative than the existing record industry? Strange that people wonder why corporations act the way they do, considering individuals are no better...

    3. Re:It's not like this is a surprise... by BasilBrush · · Score: 2, Funny

      What? You mean illegal stuff is cheaper than legitimate stuff? Well who da thunk it?

    4. Re:It's not like this is a surprise... by Fweeky · · Score: 1

      Sadly they don't seem to have gone very far with their lossless service; most of their music is still transcoded from ~384kbps (free-format) MP3's. I've bought a few albums from them as FLAC and been very happy to be able to do so, but most of their selection still doesn't meet my requirements for "good quality" (yeah, so I'm a bit anal and probably would never notice the difference, but that's not the only reason I want lossless).

      I still vastly prefer Magnatune; if iTunes were like that, I'd probably be bankrupt.

    5. Re:It's not like this is a surprise... by pwtrash · · Score: 1

      I've avoided illegal sites only slightly more than I've avoided paying the RIAA. Before I joined over a year ago, I did research on AllOfMp3. All the data I could find (including the lack of data, unlike the Spanish sites) suggested very strongly that they had exploited international copyright law but had done so legally. So I loved it. As for their market of distribution, that's a little pointless nowdays. If I travel to Moscow, buy a (legal) CD, and come back to the states with it, have I violated copyright law? I am as uptight as it gets when it comes to copyright violation, but until I see that this is illegal (and not just shut down because the RIAA pays the Moscow police off), I'm loving it.

    6. Re:It's not like this is a surprise... by Anonymous Coward · · Score: 0

      Wait, did you just read your own post? The moral of the story is business models which cator to the consumer's desires and needs wins, reguardless of legality. That said the "big corporations" are attempting to impose a set of arbitrary rules they themselves wrote.

      In the end I don't use online music stores because of the DRM and the proprietarity. Not because I don't like the corporations or anything like that, because I don't want to attempt to run iTunes in WinE, then spend a bunch of time converting file formats and breaking the DRM in the file I just payed for so I can play it under linux and then copy the MP3 to a cd for my MP3 CD player which most definately doesn't understand the DRM.

      That brings me to another, unrelated point about online music stores and iTunes in particular. There is so much focus on portable music players, which cost like $400. I can purchase an ultra thin MP3 CD player, which has less volume than an iPod (not mini, and in this case a flat disc instead of a rectangular box), and a bundle of 50 cd's for under $50, batteries and head phones included. I can throw something like 210 songs on a single CD. Why would I purchase an iPod!? People ignoring perfectly suitable technology for newer, "better" technology is also part of the problem.

    7. Re:It's not like this is a surprise... by Anonymous Coward · · Score: 0

      People spend the money for convenience. An ipod is a lot easier to fit in my pocket, a lot less clunkier to strap to my arm when I go jogging, gets better battery life (typically), and I don't have to carry a bundle of CDs around.

    8. Re:It's not like this is a surprise... by Anonymous Coward · · Score: 0

      When you put it that way, it's always some individual CEO buying new laws to benefit himself and herself. What's your point?

    9. Re:It's not like this is a surprise... by ezthrust · · Score: 1

      I find it telling that allofmp3.com recently DOUBLED their prices, and it didn't phase me a bit.

    10. Re:It's not like this is a surprise... by Anonymous Coward · · Score: 0

      "Wait, did you just read your own post?"

      I wrote it. I know exactly what I said.

      "The moral of the story is business models which cator to the consumer's desires and needs wins, reguardless of legality."

      I wasn't referring to legality, I was referring to morality: I don't find it acceptable that a company can charge for other people's work without compensation; if you have to work to earn your living you shouldn't either, it's exactly the same principle. Since posting I have had a chance to talk to some folks at Universal publishing, who inform me that AllofMP3 is indeed unlicensed, and pays nothing to the artists whatsoever. That is what I meant by "a more exploitative model"; at least Universal puts up money to record and develop acts, and pays royalties where due, which is more than AllofMP3 does. They're leeches who charge others for what they've leeched, plain and simple.

      "That said the "big corporations" are attempting to impose a set of arbitrary rules they themselves wrote"

      Actually, the core of copyright exists to protect the creator of the work, much to the annoyance of the record companies. It forces them to pay royalties, even if (OK, when) the accounts show the recording isn't making money. The problem is exclusive licensing deals: if record companies had to really compete with each other to sell the same recordings they'd be cutting each other's throats, and the price of CDs would plummet; goodbye the incentive for price fixing! Easily done, by making a provision allowing involuntary licensing provided a base fee is paid (much like Canada's digital media levy, but based on the number of copies you make and distribute, not on how many blank CDs you buy). Anyone could then become a distributor, as long as they abide by the per-unit payment; goodbye monopoly!

      Look, I can understand your dislike of DRM, I have no great love of file restrictions either. But the irresponsible something-for-nothing attitude of file sharing came first (not directed at you, my fellow AC); the reason the record companies feel the need for DRM is because the music is the only product they sell, and they want to protect their investment. Fine, if they don't want you to listen to their product, stuff 'em, there is plenty of great music available free without DRM. Trust me, you will not die without a copy of the latest pop-diva's digitally corrected screechings. And if the music really does mean that much to you, surely it's worth giving the artists an hour's wages in return; after all, they probably put in many, many more hours to provide you with that entertainment.

      Personally, I think a DRM key that identifies you (not your computer) is a better approach; as long as you can provide your key to whatever device(s) you're using, you can play or copy your stuff. If a friend wants to play some of their stuff on your gear, enter the new key and away you go. The key encryption could be based on PGP, making it way more secure than anything the record companies have yet devised, and the system could be retrofitted to any device with updatable firmware. Another advantage is that this would prevent others pilfering the music you've paid for. If it could be developed as an open source project the system could be easily portable (port it to Amiga or BeOS, if you like, and there'd be a need for embedded sytems too), provide enough copyright protection to make it attractive to even the major labels while causing no headaches for the customer, provide an online outlet for independant artists, and could incorporate the OSS codecs like OGG and FLAC as standard. The way I see it, either the two sides keep butting heads and enjoy the legal fireworks, or they can work out a civilized compromise*.

      "People ignoring perfectly suitable technology for newer, "better" technology is also part of the problem."

      The converse is also true. Back in 1997 I asked the local A&R manager from BMG what plans they had for internet sales. The response: a sort of rabbit-in-the-headlights look and "The

  12. NOOOOOOOO! by paithuk · · Score: 2, Funny

    Nooooooooooooo! I can't believe this, they were so good! lol... I used them for years whenever I ran out of credit on the iTunes store, cause well your 2p always went along way there! No wait, have I just incriminated myself?!?

  13. Allofmp3 beats iTunes by replicant_deckard · · Score: 5, Insightful

    Seriously, I've been using the site for a year or so. Their catalogue covers stuff that is not found in iTunes or other US-based media industry's services. They have even rare stuff that is not on P2P services! This little russian shop enriches culture.

    Allofmp3 gives you noncompressed downloads, ogg downloads, mp3 in any bitrate you want. No DRM at all. Quick downloads. Now that's something I call customer choice and quality service. Compare that to the louse bitrate of iTunes - 128.

    Why is this innovative shop against the "law?" Is this something analogous to the Sklyarov case where US media laws were extended to russia? Why the hell should we be locked into iTunes et al? Whose law was it anyway?

    1. Re:Allofmp3 beats iTunes by Anonymous Coward · · Score: 3, Insightful
      "Why the hell should we be locked into iTunes et al?"

      You're not locked into anything. If you don't like the service, its terms of use, etc., don't use it. Simple as that.

    2. Re:Allofmp3 beats iTunes by ColdGrits · · Score: 4, Insightful
      Why is this innovative shop against the "law?"


      You mean this "little shop" which takes your money and sells you things for which they have no permission to sell?

      You mean this "little shop" that makes money off other people's works without paying those other people? (Note - the performers of the music you download do not get any money from your "purchase". The songwriters get a very small amount, but that's all. Those who perform it get nothing.).


      Nope, can't see anything dodgy about that at all...

      --
      People should not be afraid of their governments - Governments should be afraid of their people.
    3. Re:Allofmp3 beats iTunes by kereira · · Score: 1

      They're taking over us I tell you. It /was/ a good site and I don't understand why they have to go and investigate every single little thing, was it a tip-off from itunes? It's all about profit. People are stupid.

      --
      I don't not believe there isn't a God.
    4. Re:Allofmp3 beats iTunes by Anonymous Coward · · Score: 5, Insightful

      Why is this innovative shop against the "law?"

      It's amazing how many errors you can fit into so few words.

      1. It's being investigated. It has not been determined to be illegal.
      2. Being innovative is not a valid legal defence against copyright infringement.
      3. There are, in fact, laws against copyright infringement, so there's no need to "quote" it as if somebody has just made it up on the spot.
    5. Re:Allofmp3 beats iTunes by xeper · · Score: 2, Interesting

      |blockquote>Why is this innovative shop against the "law?" Is this something analogous to the Sklyarov case where US media laws were extended to russia?

      The problem (as far as I understand international copyright regulations, IANAL) ist that to operate a service like allofmp3, you have to acquire a distribution license from
      1. The copyright holder
      2. The Company producing the music/the cd

      Whereas a license from the copyright holder can be acquired by russian authorities for worldwide distribution (google for "Santiago Treaty"), the license from the industry must be acquired for each country from which the service is accesible. This IMHO makes it nearly impossible to operate a download service without backing from the music industry...

      --
      While money can't buy happiness, it certainly lets you choose your own form of misery.
    6. Re:Allofmp3 beats iTunes by Anonymous Coward · · Score: 4, Insightful

      Read the summary again. It's not that they don't have permission, it's that the permission they have may not be from the people who own the copyright.

      I.e. they may have been scammed, but the case is just starting, nothing have been proved yet.

    7. Re:Allofmp3 beats iTunes by mboverload · · Score: 1

      The big stars are still making money and the people who deserve it...well I am buying THEIR CDs, as long as it's not from the RIAA.

    8. Re:Allofmp3 beats iTunes by replicant_deckard · · Score: 1

      Whereas a license from the copyright holder can be acquired by russian authorities for worldwide distribution (google for "Santiago Treaty"), the license from the industry must be acquired for each country from which the service is accesible.

      Interesting. However, "Santiago Treaty" doesn't return anything meaningful. Can you manually link the doc you referred to?

    9. Re:Allofmp3 beats iTunes by CmdrGravy · · Score: 2, Insightful

      Leaving aside the legality of their licence for a moment they are providing an excellent well run service. They have a lot of choice of music and you can choose from a wide variety of DRM free formats and bit rates. Downloads from the site are very quick and I haven't noticed any problem with the site at all.

      Compared with the various 'offical' download services this is one meets my needs as a consumer far better.

      Regarding the legality of this service it's worth pointing out that most of the current establishment for creating and distributing media, e.g. cable companies, movie studios and the recording industry started off operating illegally in an attempt to serve their markets. Obviously the laws were then changed allowing them to continue trading.

    10. Re:Allofmp3 beats iTunes by CmdrGravy · · Score: 2, Interesting

      This is what the Russian head of the IFPI said back in March of 2004

      "So as IFPI Russia's legal adviser, Vladimir Dragunov, concedes: "Because of these loopholes we don't have much chance of succeeding if we attack these companies who are using music files on the Internet under current Russian laws."

      So unless the laws have changed since then the police can investigate as much as they like but it doesn't look like there is much chance of a conviction.

    11. Re:Allofmp3 beats iTunes by mrbuttboy · · Score: 2, Insightful

      Note - the performers of the music you download do not get any money from your "purchase". The songwriters get a very small amount, but that's all. Those who perform it get nothing.

      hmmmm.....where have i heard of this model before.....hmmm.

      Oh,thats right. Radio.

      The greatest trick the RIAA every pulled was convincing people that everybody should get money everytime anything happens. Of coarse, everybody in this case is the RIAA. But i guess i am not being fair. The MPAA helps too.

      Look, there are alot of ways people can make money off of being performers. The biggest way tends to be by PERFORMING. There are others. as for this being dodgy, well could be. Could also be that it is legal, just not what people want. Could be rampent stealing. I don't know and neither do you.

      --
      What do you say to the man that has nothing? Cast it away!!
    12. Re:Allofmp3 beats iTunes by dr.badass · · Score: 1, Interesting

      Their catalogue covers stuff that is not found in iTunes or other US-based media industry's services.

      That may be true, but it's at the cost of not having a single goddamn thing I want.

      From my "buyme" list: Atmosphere, RJD2, Sage Francis, Kid Koala, Kid606, Dwayne Sodahberk, The Decemberists, Hot Snakes, Arcade Fire -- AllOfMP3 had none of these. iTunes had all of them. And that's not even the obscure stuff.

      [I would have tried more, but AllofMP3 seems to be Slashdotted now.]

      They have even rare stuff that is not on P2P services!

      Some of that "rare" stuff happens to be the same mislabeled crap that's on P2P services. The example I'm most familiar with is an album called "Pearl" supposedly by Portishead. Almost any P2P network will have a bajillion copies of it labeled that way, when in fact the album isn't by Portishead. Hell, the title isn't even "Pearl". It's by some European band trying very hard and failing even harder to sound like Portishead.

      The last time I checked (admittedly this was long ago), AllOfMP3 still carried "Portishead - Pearl". I thought it was pretty clear then that they're getting at least some of those supposedly lossless tracks off of P2P networks. To put it another way: Some of those lossless FLACs you bought may well have originated as MP3s off of KaZaA. I don't have proof of this, but it's fishy enough that I don't trust AllOfMP3 enough to buy anything from them.

      This little russian shop enriches culture.

      You're an idiot.

      --
      Don't become a regular here -- you will become retarded.
    13. Re:Allofmp3 beats iTunes by mrchaotica · · Score: 1

      Yeah, they were "scammed" into getting fake copyright permissions in the same way 17-year-olds are "scammed" into getting fake IDs. "No really officer, I thought that shady back-alley storefront was really the legitimate DMV! Really!"

      Sure they were "scammed!"

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    14. Re:Allofmp3 beats iTunes by HeghmoH · · Score: 1

      Do you really, honestly believe that they had no idea that their permission, which let them undercut every single legit big-name music store on the planet, might not have been 100% legitimate?

      If you answer "yes", please contact me; I have a very nice bridge in New York that you may be interested in purchasing.

      --
      Mod down posts with a "Free Mac Mini/iPod" sig, they're spam!
    15. Re:Allofmp3 beats iTunes by Mr_Silver · · Score: 1
      Allofmp3 gives you noncompressed downloads, ogg downloads, mp3 in any bitrate you want. No DRM at all. Quick downloads. Now that's something I call customer choice and quality service. Compare that to the louse bitrate of iTunes - 128.

      Having worked with the music industry, I can tell you now that any distribution company that proposes music downloads with no DRM will never ever get the rights to distribute the labels content.

      It is that simple as far as the music industry is concerned. No DRM, no go.

      Based on that, I found it very difficult to understand how AllOfMP3 managed to get the rights legitimately.

      --
      Avantslash - View Slashdot cleanly on your mobile phone.
    16. Re:Allofmp3 beats iTunes by Richard_at_work · · Score: 1

      Its easy to provide a kickass service when:

      1. You arent paying the copyright owners the same amount of money per song as iTunes is.

      2. You easily get a certificate from the 'copyright holder' allowing you do do what you want with their stuff.

      Basically they can afford to provide the service they do because they dont have the overheads that iTunes does - namely proper permission and everything that comes with it :) Do you really think that the same copyright owners that forced iTMS to come with DRM would allow this company to do what they wanted with the same material? Oh and the Movie Studios and Recording Studios that started out by operating illegally generally produced their own products rather than taking someone elses wholesale and selling it on, it was other areas in which they broke the law, like patents.

    17. Re:Allofmp3 beats iTunes by vdex42 · · Score: 2, Insightful
      "You're not locked into anything. If you don't like the service, its terms of use, etc., don't use it. Simple as that."

      Not entirely true, you are locked in to the same type of thing in the end thanks to the DMCA and the RIAA. If you don't like iTunes you can use some other service with very similar terms of service and DRM'ed WMA files. - Not what I would call free market.

      Thats why I loved the idea of allofmp3. I would be willing to pay more for it, if that is what legitimisingit requires, it was providing a service the the RIAA backed sites couldn't (And I am not talking about the cheapness!)

    18. Re:Allofmp3 beats iTunes by CmdrGravy · · Score: 1

      There is no "Portishead - Pearl" on there now.

    19. Re:Allofmp3 beats iTunes by xeper · · Score: 1

      Sorry, I mistranslated the german "Santiago-Abkommen" to "Santiago Treaty". I should have been "Santiago Agreement".
      http://www.google.com/search?hl=en&q=Santiago+Agre ement&btnG=Google+Search

      --
      While money can't buy happiness, it certainly lets you choose your own form of misery.
    20. Re:Allofmp3 beats iTunes by eric76 · · Score: 3, Informative

      My opinion of large companies is that most of them got there by being less than honest. And they haven't turned honest now that they are large.

      I think that the average American consumer is far more honest and ethical than the average large company, American or not. And small companies with integrity have little chance of ever being large companies with integrity.

      The real difference is that the large companies can afford herds of lawyers who can help them limit their liabilities. There aren't many large companies out there that won't trample all over your rights if they can make money as a result.

      The surprising thing is that so many of the large companies find themselves in hot water so often.

      Of course, our Congresscritters have recently passed a law to reduce their liabilities (by making it far more difficult and expensive to keep them honest) with the recent anti-class action lawsuit law.

      So now we have large record companies that calculate expenses in such a way as to make it nearly impossible for many recording artists to ever come out ahead. Yet, they keep going with recording artists that can't come out ahead so you know the record companies are making money out of them.

      Don't the recording companies now routinely require the artists to assign their copyrights to the record companies before they'll even record the music? I seem to remember reading something about that two or three years ago.

    21. Re:Allofmp3 beats iTunes by Jah-Wren+Ryel · · Score: 1, Insightful

      You mean this "little shop" that makes money off other people's works without paying those other people? (Note - the performers of the music you download do not get any money from your "purchase". The songwriters get a very small amount, but that's all. Those who perform it get nothing.).

      And how exactly is this substantially different from the American music industry? The music industry where more than 9 out of 10 bands that sign recording contracts end up in debt to their own recording company, without any ownership of the music they've recorded and with no chance of recording a second album?

      --
      When information is power, privacy is freedom.
    22. Re:Allofmp3 beats iTunes by croddy · · Score: 1

      I don't see this imagined "Portishead" album on the site. Additionally, the Hot Snakes are fucking terrible.

    23. Re:Allofmp3 beats iTunes by Darren+Winsper · · Score: 1

      All that means is that piracy will continue to run rampant.

    24. Re:Allofmp3 beats iTunes by Anonymous Coward · · Score: 0

      Not what I would call free market.

      Why are you bringing free markets into this? Copyright doesn't exist in a free market; it's an artificial monopoly imposed by the government, where no competition is possible.

    25. Re:Allofmp3 beats iTunes by mmkkbb · · Score: 1

      Then explain nufonix, beatport, and bleep.com

      I found it very difficult to understand how AllOfMP3 managed to get the rights legitimately.

      Loopholes in Russian copyright law.

      (she said, loophole how are you?)

      --
      -mkb
    26. Re:Allofmp3 beats iTunes by Anonymous Coward · · Score: 0

      your taste in music automatically makes you a moron. .. gg

    27. Re:Allofmp3 beats iTunes by Anonymous Coward · · Score: 0

      Well, if you REALLY want to get nitpicky, the question mark is INSIDE the quotes too!

    28. Re:Allofmp3 beats iTunes by LightwaveNet · · Score: 1


      Your point of the site not having any music you listen to is valid. I however actually listen to a lot of pop music, so it's selection is great for me. I'm paying for the acquisition not the legality. I've never thought that downloading music from their site might actually be legal.

      If you dig through google caches and find other old versions of their site (or maybe some of the links still exist) you can find pages where they have utilities to rip CDs that they are looking for and upload the wav data to them and they would credit your account for doing so.

      Once I found that, I seriously began to question the legitimacy of most of the music they had.

      In any case tho, everything I've downloaded has been of acceptable quality for the price I've paid.

      They have also been fairly well known for providing a refund for music downloaded which is mislabled or of poor quality. So, while it may waste some time thinking you're downloading some rare album to find out it's not what it says it was... you could at least get your money back fairly easily.

    29. Re:Allofmp3 beats iTunes by geminidomino · · Score: 1

      Basically they can afford to provide the service they do because they dont have the overheads that iTunes does

      Yeah, especially since the Apple brand name is in no way ever associated with exorbitant prices...

    30. Re:Allofmp3 beats iTunes by Richard_at_work · · Score: 1

      Before iTunesMS came along, the desired price point most often touted by posters in P2P related stories on slashdot was $0.99c a song, with the option of purchasing specific songs. I see in no way how that is 'expensive' or 'exorbitant'.

    31. Re:Allofmp3 beats iTunes by Mr_Silver · · Score: 1
      Then explain nufonix, beatport, and bleep.com

      They don't contain any Sony, Universal, Warner, EMI or BMG content.

      Admitidally, when I said "music labels", I was referring to the big five. I have no doubt that the smaller ones are more flexible.

      --
      Avantslash - View Slashdot cleanly on your mobile phone.
    32. Re:Allofmp3 beats iTunes by idobi · · Score: 1
      And how exactly is this substantially different from the American music industry? The music industry where more than 9 out of 10 bands that sign recording contracts end up in debt to their own recording company, without any ownership of the music they've recorded and with no chance of recording a second album?
      The major difference is that while the band may not "see" anything in the short term, every sale chips away at their debt - and if the album does happen to go platinum (or better), they will start to to receive royalties.
    33. Re:Allofmp3 beats iTunes by Tony+Hoyle · · Score: 1

      iTunes is a total ripoff even with the overheads.

      For a lot of albums it's cheaper to buy the CD - with case, inlay & paying the shop and distribution costs, than the download the limited use DRM copy from iTunes.

      For iTunes the distribution overhead is very close to zero. They pay the RIAA.. that's maybe 10% of the cost. The rest is pure profit.

    34. Re:Allofmp3 beats iTunes by Tony+Hoyle · · Score: 1

      And as a customer, I will never ever use a DRMed music format.

      Why anyone would use something that could become worthless at a moments notice is beyond me. All it takes is for your hard drive to fail or similar and you have to go and buy all your music again.

    35. Re:Allofmp3 beats iTunes by BasilBrush · · Score: 1

      Oh yes we do know it's illegal. Apple Records have not given permission for ANY download site to have Beatles songs. Take a look around. You won't find them on any known legitimate site. Yet AllofMP3 are selling them. Therefore we know for a fact that they are operating against the law.

    36. Re:Allofmp3 beats iTunes by akadruid · · Score: 1

      Apple Records have not given permission for ANY download site to have Beatles songs. Yet AllofMP3 are selling them. Therefore we know for a fact that they are operating against the law.

      They are operating against the opinion of Apple Records. Who are not the law. Who are not representing or enforcing the law. Who better not even be influencing the law, since that would be illegal. In the case of AllofMP3.com, the Russian authorities are the law. In my case, I am under God's law followed by UK law. The opinions of a corperation mean nothing to me. If they wish to make a complaint (as apparently they do, through the Recording Industry Ass.) then they may make one to Russian authorites, who can then make a judgement. Is this not elementary stuff?

      --
      "Those who cast the votes decide nothing; those who count the votes decide everything." (attrib. Joseph Stalin)
    37. Re:Allofmp3 beats iTunes by J.+T.+MacLeod · · Score: 1

      You mean this "little shop" which takes your money and sells you things for which they have no permission to sell?

      They've only been accused thus far, not convicted.

      It could very well be legal according to Russian law and the existing contracts held by the company through which allofmp3.com claims their license.

      Just because some record labels in the US are unhappy and stamping their feet doesn't mean that what they say is correct.

    38. Re:Allofmp3 beats iTunes by mmkkbb · · Score: 1

      Admitidally, when I said "music labels", I was referring to the big five. I have no doubt that the smaller ones are more flexible.

      I figured that, but hadn't had coffee yet :)

      --
      -mkb
    39. Re:Allofmp3 beats iTunes by dr.badass · · Score: 1

      I did say that it was a long while ago when I had seen it, and the site was Slashdotted (or maybe just broken) when I posted the comment.

      But now it works, and I find that they still have the album, but have strangely enough labled it as "Also known as Portishead's Pearl". This seems like an odd kind of compromise.

      The point of mentioning it was that it suggests that AllOfMP3 gets at least some of it's selection off of P2P networks, which is damned shady and probably not so good for the consumer. Again, I can't prove it, and there are probably a dozen other possible explainations, but I personally was put off of the site because of that.

      Additionally, the Hot Snakes are fucking terrible.

      You're probably right. The guy that recommended them to me (just a few days ago) is dating a chick with a Blink 182 tatoo. I probably shouldn't trust his taste anymore.

      --
      Don't become a regular here -- you will become retarded.
    40. Re:Allofmp3 beats iTunes by numark · · Score: 1

      A free market doesn't guarantee you unlimited means of purchase and distribution. You have the option of purchasing things through multiple means in the market, but you can't engage in illegal means of procurement solely because you don't like the existing options.

      --
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    41. Re:Allofmp3 beats iTunes by Senobyzal · · Score: 1
      Actually, from what I've heard they pay closer to 60 cents on the dollar to the RIAA/company, of which maybe 8 cents makes its way to the artist.

      Those services that used a 50c/song short-term model to grab market share were operating at a loss. Even iTunes hasn't made profit AFAIK; it's mainly a vehicle to sell Ipods.

    42. Re:Allofmp3 beats iTunes by numark · · Score: 1

      90% profit for iTunes? Try 10% profit at most. The royalties to record labels are 65%, and an additional 25% goes to such costs as bandwidth and credit card processing. The remaining 10% is unlikely to be pure profit, once you have to start paying people to manage the store. Also, with regards to it being cheaper to buy the CD, sometimes I just want one or two specific songs from an album, or want to create a mix CD with songs from an artist's many albums. That way, it becomes cheaper to buy songs on iTunes instead of multiple CDs or a whole CD for one song.

      Source for percentages: http://www.spectrum.ieee.org/WEBONLY/resource/dec0 4/1204webs.html

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    43. Re:Allofmp3 beats iTunes by r_barchetta · · Score: 1

      Do you buy lots of your CDs used? Usually, full albums are $10 at iTunes. Even at the cheapest shops that's tough to beat.

      In fact, I just bought a Secret Machines album from iTunes that cost me $9.00. It came with 5 bonus tracks from other artists that I wouldn't have gotten had I bought the CD itself.

      Generally, though, if you want the whole album it's worth it to pay a little more to get the CD. But, if you are comparing the price of full albums, I find that iTunes is cheaper almost all of the time.

      -r

      --
      Just because something is free does not mean you have to take it.
    44. Re:Allofmp3 beats iTunes by numark · · Score: 1

      So, if enough people do something illegally, we should automatically make it legal, or at least encourage even more people to do it illegally? I think you'd be hard pressed to find any legitimate justification for that.

      --
      Want Slashdot headlines on your site? Try SlashHead
    45. Re:Allofmp3 beats iTunes by hyphz · · Score: 1

      > Do you really, honestly believe that they had
      > no idea that their permission, which let them
      > undercut every single legit big-name music
      > store on the planet, might not have been 100%
      > legitimate?

      When they knew that their country had unusual laws as a result of being ex-communist?

      Why shouldn't they take every advantage they can get? That's business, isn't it?

    46. Re:Allofmp3 beats iTunes by BasilBrush · · Score: 1
      How old are you? A teenager? Grow up.

      Apple Records own the recordings of the Beatles songs. If anyone is selling copies of them without their permission, then it's illegal in every country that has copyright laws. And we know that they do not have permission from Apple Records, and that Russia does have copyright laws.

    47. Re:Allofmp3 beats iTunes by Landazar · · Score: 1

      Napster was great in the day, I think I bought more cds and found out about more new artists using that than anytime before, then that got shut down and I didn't buy anything new for a few years. Enter Allofmp3, they charge a nice quarter a song (up from like 10 cents in the start), which I think is a decent rate for music that is: 1. lower quality than cds (CD quality is almost a buck a song on there but available) 2. Doesn't include any extras 3. Doesn't involve any production on anyone elses part. and I'm happier to use it than napster if they are paying royalities like the site claims. I hope the investigation turns out to be nothing because I've spent at least $300 in the last 12 months on music (cds/videos) solely off stuff I heard on this site. On the other hand maybe it's better for me to keep my cash, the recording industry obviously doesn't want it anyway but the groups with the bucks already aren't getting much of it anyway... Most of the music I listen to isn't from the US either, and allofmp3 has some great russian and euro music that theres nowhere else I've seen!

    48. Re:Allofmp3 beats iTunes by Anonymous Coward · · Score: 0

      so it is basically like supposidly legit transactions via iTunes.
      the artist still gets screwed.

    49. Re:Allofmp3 beats iTunes by Darren+Winsper · · Score: 1

      Well, if a law makes the majority of the population criminals, it makes you wonder...

    50. Re:Allofmp3 beats iTunes by Anonymous Coward · · Score: 0

      Ahem. Have you ever heard about this shiny piece of round plastic that can be inserted to a machine with this laser thingy that spins it really fast? Supposedly, data can be burned onto this piece of pastic, though God knows, I've never seen it caught afire yet. Some geek told me that data backed up on this piece of plastic can be retrieved in the case of hard drive failure.

      And speaking of rendering music worthless at the moments notice, have you ever thought of setting fire to the plastic again as Audio See Dee. Supposedly, when you do, that plastic is playable on pretty much everything these days. No labels can do anything to render it worthless when you do.

    51. Re:Allofmp3 beats iTunes by Anonymous Coward · · Score: 0

      Have you ever thought that performers were pissed off for not getting paid their dues for their work? You can't support artists' right and sites such as this one at the same time. Come on, be honest. Tell it like it is: you just want cheap music and don't give a damn whether it's from P2P or this site. And you have the nerve to call people stupid.

    52. Re:Allofmp3 beats iTunes by Anonymous Coward · · Score: 0

      Who cares about these "big-name music stores"?
      They're all really bad, crappy selection consisting mostly of , crappy mp3 file quality.

    53. Re:Allofmp3 beats iTunes by Anonymous Coward · · Score: 0

      Oh yes I'm sure iTunes is forcing people to 128 kbps crap and shitty selection of highly commercial artists just because they have to pay more money for the copyrights lol.

    54. Re:Allofmp3 beats iTunes by Jah-Wren+Ryel · · Score: 1

      The major difference is that while the band may not "see" anything in the short term, every sale chips away at their debt

      That ain't going to happen when your album is out of print because you are one of those 9 out of 10 bands that were not popular enough.

      and if the album does happen to go platinum (or better), they will start to to receive royalties.

      You are talking about a small subset of that 1 out of 10 that do get to record a second album. Typically when your first couple of albums go platinum, you barely see a dime either. It's only when you renegotiate your countract that you can have a hope of seeing any substantial income for future albums, never mind the previous ones.

      You really are quite naive about the way the American music industry works.

      --
      When information is power, privacy is freedom.
    55. Re:Allofmp3 beats iTunes by idobi · · Score: 1

      That ain't going to happen when your album is out of print because you are one of those 9 out of 10 bands that were not popular enough.

      Except we're talking about allofmp3.com, and none of those albums are out of print...

      You really are quite naive about the way the American music industry works.

      I run http://idobi.com/... a lot of my friends are in bands, both indie and major. Some of my friends run indie labels. I'm hardly naive about how the record industry works. Bands may fail to make a second album, but that's because the label decide that they are not profitable. Not buying albums or paying in royalties won't help the situation.

    56. Re:Allofmp3 beats iTunes by Anonymous Coward · · Score: 0

      "The greatest trick the RIAA every pulled was convincing people that everybody should get money everytime anything happens."

      Wrong. The royalty system for published works existed before recording (and the RIAA) did. It was originally devised for printed sheet music to prevent publishing companies ripping off composers by paying a one-time fee for work that could be reproduced infinitely (sound familiar?). The principle was extended to player piano rolls and then recordings to prevent the same kind of exploitation. This is simply history repeating, the only difference being that computers and internet connections are much cheaper than printing/record presses were, which makes the general public rather than Evil Corporations the ones doing the exploiting (exploitation is exploitation, I don't see how being a registered company makes it any more evil; the opposite, perhaps, since corporations don't have inherent moral values the way individuals should). Besides, doesn't the EFF condone voluntary collective licensing as a way of compensating musicians? IMO, if you aren't writing your own music you are getting the royalties you deserve: none (this might sound harsh, but I work on the principle that anyone involved in the creation of a song is a co-writer, and the only time someone is entitled to claim sole authorship is if they write and score every part with no input from anyone else).

      "...everybody in this case is the RIAA"

      I am not the RIAA, I am not personally an RIAA member, I have not been signed to an RIAA affiliate for 8 years, but my old publishing company (Universal) still pays me royalties, and are contractually obliged to do so until 2021 and control reverts to me; in other words, royalties really do get paid to musicians. So really you're just pissed off that "everybody" doesn't include people who listen to music, only those who write it, and that you, as an end user of the product, have to foot the bill. This is interesting: musicians are at the very least providing a service called "entertainment"; do you feel that by paying for the service once (going to a live show) you are entitled to that service in perpetuity at no cost ("I'm a loyal fan, they owe me"- Comic Store Guy)? I wonder what the IT professionals (who also provide a non-tangible product) here make of this attitude...

      "Look, there are alot of ways people can make money off of being performers. The biggest way tends to be by PERFORMING."

      It is possible to make money from performing; but rarely enough to both pay for decent recordings and cover the costs incurred from playing live (I've done it, but I had the advantage of 4 years of prior promotion by a major label, so I was in the position of being able to charge a large flat fee for performing). Most bands are lucky to make a few hundred dollars from a headline show after costs; support level acts are fortunate if they make anything. Now I don't care whether Sting doesn't get to shovel another million onto his pile[1] of cash ever again, and frankly there are record company execs I regret not having killed when I had the chance; what I care about is the small (independent) acts who IMO produce far more interesting variety of music than the major labels, but spend too much of their energy trying to scrape together the money to make half decent recordings rather than concentrating on making music. That just gets too stressful for most; of all the performing musicians I knew 15 years ago close to 70% have given up playing live, let alone thinking about recording, not because they have lost interest in music but because the financial demands of the real world interfere too much, and music is a big time and money pit. The occasional royalty cheque (and royalties come from live performance returns, too) can often be the only hope some bands have of funding a recording. I have no doubt I'll be called an industry shill ("He talks about money, therefore he isn't a REAL musician"), but the fact remains that recording something that doesn't sound like a hyena sucking cho

    57. Re:Allofmp3 beats iTunes by mastagee · · Score: 1
      A free market doesn't guarantee you unlimited means of purchase and distribution.


      Actually it does. Thats what a "free market" is. In a free market there is no "illegal means".

      http://www.investorwords.com/2086/free_market.html
    58. Re:Allofmp3 beats iTunes by Ahnteis · · Score: 1

      They allow users to upload music they don't have for some credit. Because of the license they think they have (no judgement on that yet) they can use anything so this is supposedly OK for them to do.

      Files that have been uploaded are available at the upload bitrate (or lower) and are marked differently from the files they have CD quality recordings for.

    59. Re:Allofmp3 beats iTunes by DeadScreenSky · · Score: 1

      From my "buyme" list: Atmosphere, RJD2, Sage Francis, Kid Koala, Kid606, Dwayne Sodahberk, The Decemberists, Hot Snakes, Arcade Fire -- AllOfMP3 had none of these. iTunes had all of them. And that's not even the obscure stuff.
      Yeah, all of those musicians are fairly popular, don't you know!

      --
      There is no excellent beauty that hath not some strangeness in the proportion. -- Francis Bacon
    60. Re:Allofmp3 beats iTunes by geminidomino · · Score: 1

      A matter of opinion, I suppose. I think US$.99 is far too expensive for crap in a DRM-laden proprietary format. $.03 might be more acceptable, but not by much, AFAIC.

    61. Re:Allofmp3 beats iTunes by kevcol · · Score: 1

      Hmm.. I just RTFA.

      Say- didn't you tell me that this was totally legal in Russia?

    62. Re:Allofmp3 beats iTunes by akadruid · · Score: 1

      Russia does have copyright laws - but they are not the same as the USA. They do not require permisson from Apple Records.

      --
      "Those who cast the votes decide nothing; those who count the votes decide everything." (attrib. Joseph Stalin)
    63. Re:Allofmp3 beats iTunes by BasilBrush · · Score: 1
      You are contradicting yourself. If they have copyright laws, then they need the permission of the copyright holder and that is Apple Records.

      And what's American copyright laws got to do with it? AllOfMP3 is Russian, Apple Records are British, so am I, and it looks like you are too.

    64. Re:Allofmp3 beats iTunes by Anonymous Coward · · Score: 0

      Punctuation inside closing quotation marks is correct writing.

    65. Re:Allofmp3 beats iTunes by Anonymous Coward · · Score: 0

      It isn't. It's a late, American-English perversion of the correct punctuation where the question mark does not belong to the word being quoted. Check out Strunk & White who had it right before the modern American usage became perverted.

    66. Re:Allofmp3 beats iTunes by recursiv · · Score: 1

      Laws serve people, not the other way around.

      --
      I used to bulls-eye womp-rats in my pants
  14. ... had to be said by FidelCatsro · · Score: 1, Funny

    In soviet Russia , music industry pays you!
    also , In soviet Russia MP3 downloads you

    --
    The only things certain in war are Propaganda and Death. You can never be sure which is which though
  15. Considering they had pre-release stuff on there by igorthefiend · · Score: 4, Insightful

    Is anyone even remotely surprised? They had stuff there months before it was released officially. The clues were there, people!

    1. Re:Considering they had pre-release stuff on there by Anonymous Coward · · Score: 0

      This isn't insightful, it's ignorant. Do you have any clue what the basis for the claimed legality was? It was that a Russian agency licenses *all* artistic works, to any company wishing to distribute them, at a standard rate. In other words, Russia, being a sovereign nation, can do whatever the fuck it wants with the "IP" of other nations. And it does. Therefore the fact the allofmp3 had prerelease art is no evidence of anything related to the legality of the service.

    2. Re:Considering they had pre-release stuff on there by igorthefiend · · Score: 1

      So you don't think it was a reasonable indicator? Things like this have happened before concerning cross-border intellectual property, even when the retailer was acting legitimately in their own country. Look at what happened to CD-Wow who were importing Hong Kong CDs to sell in the UK...

    3. Re:Considering they had pre-release stuff on there by Alsee · · Score: 1

      So you don't think it was a reasonable indicator?

      No, because as the other poster said AllOfMP3.com is asserting that they are operating under a statutory licence. Maybe they are in compliance with Russian law, maybe they are not, but either way "pre-release content" is not a valid indicator of anything under a statutory licencing regime.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:Considering they had pre-release stuff on there by Anonymous Coward · · Score: 0

      Don't bring up the CD-Wow thing. Laws against "Grey Importing" are probably the most biased in favour of corporations over citizens out there. They're bullshit, and should be cut down.

  16. Correction Re:Allofmp3 beats iTunes by xeper · · Score: 1
    Whereas a license from the copyright holder can be acquired by russian authorities for worldwide distribution


    of course, I meant to write "...from russian authorities..."
    --
    While money can't buy happiness, it certainly lets you choose your own form of misery.
  17. What they'll do by Anonymous Coward · · Score: 2, Funny

    the Moscow Prosecuter's office must decide what it will do by March 7th.

    Hah!

    They'll pick one of the usual courses of action:

    1. Do nothing.
    2. Have the OMON troops make the site owners "disappear".

    1. Re:What they'll do by lionheart1327 · · Score: 1

      Actually, the really usual course of action is #3:

      Accept bribes. Do nothing.

  18. Damnit damnit damnit by Jayonas · · Score: 4, Interesting

    I was pondering opening an account there after my friend pointed me to the site. It looked like a great deal.. any format, any bit rate, wide selection of music I like (which is mostly European), and a more than reasonable prices based on bandwidth. Beats the snot out of anything else I've seen, and I'd be more than happy to pay them their prices than sift through p2p or IRC or what-have-you. Guess I should've known it was too good to be true. If they don't make it through this, I sure as hell hope another site comes along and manages to do it legally. Anyone else know of other services with similar prices and selection?

    1. Re:Damnit damnit damnit by CmdrGravy · · Score: 1

      It's probably going to be a while before anything terminal happens to them, I suggest using them in the meantime until you can find soemthing else.

      I have used the service and it was every bit as good as I hoped it would be.

    2. Re:Damnit damnit damnit by Jugalator · · Score: 1

      Anyone else know of other services with similar prices and selection?

      How about WebListen?

      mp3 and wma formats, this time a spanish site supposedly exploiting copyright loopholes. :-) Ironically enough, I didn't learn of it from piracy discussions, but from CNet in this very article. :-)

      They started their site in 1997, and according to CNet have been sued once and survived. There were two sites sued at that time, and the other, Puretunes.com, had to settle with the industry for $10 million. Not sure how WebListen managed to survive.

      --
      Beware: In C++, your friends can see your privates!
    3. Re:Damnit damnit damnit by Jugalator · · Score: 1

      Ah, I see it's mp3 music, with a large selection, but seems like their flat rate option BonoMusic cost 44 for a month. :-/ Then I have to wonder if there aren't better options out there.

      --
      Beware: In C++, your friends can see your privates!
    4. Re:Damnit damnit damnit by jbarr · · Score: 1

      They aren't closed down yet. I suggest you try it out and see if it is of use to you. I love the service because it provides inexpensive DRM-free selections from an excellent catalog. No, it doesn't have "everything" but it has a lot to choose from, and it's updated daily with new content. And the ability to choose the compression size on MP3's is stellar.

      Give it a shot!

      --
      My mom always said, "Jim, you're 1 in a million." Given the current population, there are 7000 of me. God help us all!
    5. Re:Damnit damnit damnit by Anonymous Coward · · Score: 0

      If they don't make it through this, I sure as hell hope another site comes along and manages to do it legally. Anyone else know of other services with similar prices and selection?

      They can offer the prices because of the questionable practices that are currently under investigation. If they don't make it though this, that means the business practice is against the copyright law. What makes you think that other companies will be able to offer such prices and selection while staying clear of copyright infringements? Once again, most of the songs people buy are from well known artists signed up to a record label that insists on getting their share by dictating prices and terms of use. If you want such prices, go for indie music web stores. You can't have it both ways.

      It's also telling that most people argue that it's wrong to download from P2P because artists don't get paid and yet they advocate sites such as this one where performers don't get their shares either. It's funny how people can deceive themselves to make them feel better when actually all they want is something for next to nothing.

      I am also surprised at the responses to the parent. It's like saying "I don't know for sure if the cheap jewelries I bought from the guy in the back alley who got arrested are not stolen goods, but until the jury find the guy guilty, I'd better buy as many jewelries as I can."

  19. back to bittorrent by mtenhagen · · Score: 2, Funny

    Iam gonna finish my balance quickly and go back to bittorrent

    --
    200GB/2TB $7.95 Coupon: SAVE90DOLLAR
  20. What does it mean? by Anonymous Coward · · Score: 0

    It means...have fun bending over to pick up the soap!

    1. Re:What does it mean? by Anonymous Coward · · Score: 0

      Yes godamn. downloading MP3s is a serious crime. MP3 is an illegal format used by terrorists. It is unAmerican. People who download Mp3 should go to jail with the terrorists.

      America invented jails. And formats.

    2. Re:What does it mean? by Anonymous Coward · · Score: 0

      Way to head towards reasonable middle ground and shoot right past it to the other extreme.

      You know, finding some middle ground is the first step towards discussing something, rather than just shouting.

    3. Re:What does it mean? by Anonymous Coward · · Score: 0

      Damn. Discussing stuff is un American. . Our founding fathers like John Wayne didn't discuss anything just shot people and shouted.

      America invented shouting. And extremes.

  21. They better not shut it down, by AC-x · · Score: 2, Informative

    That's where I get most my MP3s from!

    On a serious note this is exactly what other online music sites should offer, like hell I'm paying $1 PER TRACK for DRM restricted files, but if they offered albums for $2-$3 each DRM free then, well, I'd probably never use filesharing again.

    1. Re:They better not shut it down, by Blakey+Rat · · Score: 1

      Do you honestly think that all the production, editing, recording, rental of the equipment, etc costs less than $2 a CD? For 60 minutes of music?

      I get the feeling that even IF iTunes offered CDs for $2, you'd immediately post on Slashdot saying, "now if only there were a site that offered CDs for $.50..."

      Christ, man, get a grip.

    2. Re:They better not shut it down, by Norgus · · Score: 1

      $2-$3 just to remove the DRM? .. PER TRACK?
      Theres a much cheaper way to get (usually) DRM unrestricted music at *lossless* rates and that is to buy CDs! Who would have thought..
      And I'm not even implying that CDs are well priced, just it seems all of the legal 'services' are a complete rip-off.

    3. Re:They better not shut it down, by AC-x · · Score: 1

      There is no such thing as "cost" per CD (apart from manufacturing, or in this case bandwidth, cost), it all depends how many they sell doesn't it. If they sell 10,000 downloads at $2 a cd, then they'll make almost as much as if they sold 1,000 downloads at $20.

    4. Re:They better not shut it down, by AliasMoze · · Score: 1

      I'd be more than willing to pay $2 per album with no DRM. That's what I'm doing with AllOfMP3.

  22. It may be not so simple by Dr.Syshalt · · Score: 5, Interesting

    ...since nothing is as simple as it seems in Russia (that early capitalism, you know). There are quite a number of sites which allow downloading music in Russia - another one, which I'm using, is mp3spy.ru - they have a deal with my ADSL provider, tochka.ru, which is the biggest one in Moscow. Tochka.ru is a daughter company of MGTS, Moscow telephone monopolists - that's why mp3spy.ru can be quite certain about its future. This legal move could be just an attempt to shut down a competition - all that allofmp3 needed is just a big guy behind its shoulders.

    1. Re:It may be not so simple by R33MSpec · · Score: 1

      I dont know about that ... it looks like from a western perspective (well certainly in the media reports we get here in Australia) that the buck stops (so to speak) with the Russian Government, and they can shut down anyone they please. Primary case in point is what happened to the mega oil corporation Yukos and Mikhail Khodorkovsky.

    2. Re:It may be not so simple by technomegalomaniac · · Score: 1

      Mikhail Khodorkovsky is a tax cheat. His defence: "everyone was doing it. why pick on me?" Laughable from the legal point of view. From the moral point of view the answer to his question is: "Because you are the biggest tax cheat of them all. You stole billions" Yet he managed to buy a lot of influence in the West with the money he stole. Now everyone is accusing Russia for the lack of democracy

  23. You should read.... by Savage-Rabbit · · Score: 3, Informative

    ....the "The Gulag Archipelago", vols. I through III, by Aleksandr Solzhenitsyn to prepare your self for what awaits you after Russian security servcices snatch you off the street and cart you off to recieve your just punishment in a secret Gulag they run in Siberia in cooperation with RIAA. The standard sentence is three years, locked in a rubber room listening to bagpipe music 24/7.

    --
    Only to idiots, are orders laws.
    -- Henning von Tresckow
    1. Re:You should read.... by X0563511 · · Score: 1

      I happen to LIKE bagpipes, thank you very much!

      [silly]
      Where can i sign up?
      [/silly]

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    2. Re:You should read.... by Zilquis · · Score: 1

      Only bagpipe music, thank god for that, i was worried it would be NSync and britney music

  24. This translation explains perfectly! by commodoresloat · · Score: 1

    "Therefore does Allofmp3 MP3-Dateien drive out, without the daf?notwendigen rights with the owners gekl? to have."

  25. What is wrong with you lilly livered cowards ?! by Anonymous Coward · · Score: 0

    "ooh i might have accidentally downloaded an illegal mp3, i'm going to go to jail, it's a serious crime. I feel dirty. I feel evil. I'm going to the police station to turn myself in then I'm going to the RIAA and turn myself in there. boohoo"

    for fucks sake:

    GET A GRIP.

    NO ONE CARES

    There are real big problems in the world, this is not one of them.

    1. Re:What is wrong with you lilly livered cowards ?! by Anonymous Coward · · Score: 1, Informative

      Well, when bringing in a camcorder in a movie theater is a federal offence...

      Fucking laws are out of control.

      Since when should the punishment for recording something meet/exceed that for a lesser murder charge?

    2. Re:What is wrong with you lilly livered cowards ?! by LilMikey · · Score: 3, Insightful

      NO ONE CARES

      Someone cares. The same someone who's suing grandmas and 12 year olds. Just because any person with a decent grip on reality wouldn't care doesn't mean there aren't teams of lawyers salivating at the thought.

      --
      LilMikey.com... I'll stop doing it when you sto
  26. Well, darn. by Grendel+Drago · · Score: 1, Funny

    There are a number of cheap Russian MP3 sites, but AllOfMP3 seemed to be the best one---custom encoding parameters, good-sized catalog (300k+ songs, though lacking in "Mindless Self Indulgence"). And I was going to go legit with my MP3s (but in OGG format), just as soon as I got a job.

    And so, today, to-frickin'-day, I get a job (manning phones at a call center, doing Level 1 support, whoopt-de-goddamn-do) and wouldn't you know it, AllOfMP3 is under investigation.

    Man, that's ironic. Is it ironic? I keep forgetting. Things in that song aren't actually ironic. Is this?

    Well, at least downloading music isn't criminal. (It's the sharing that is.)

    --grendel drago

    --
    Laws do not persuade just because they threaten. --Seneca
    1. Re:Well, darn. by Anonymous Coward · · Score: 0

      Actually, several things within "that song" are ironic. What's ironic is that the people who claim the song isn't, don't really understand the definition of irony themselves :)

      There is a wide spectrum of dramatic/situational irony outside of classical socratic irony. People would do well to learn about the different forms, in addition to thinking about music as a medium (and how it is closer to poetry than prose, with all the differences and limitations that imposes).

    2. Re:Well, darn. by Anonymous Coward · · Score: 0

      '...though lacking in "Mindless Self Indulgence"'

      Is that a song, band, or lifestyle?

    3. Re:Well, darn. by Anonymous Coward · · Score: 0

      All of the abover, my fellow AC, all of the above.

  27. Too bad by Anonymous Coward · · Score: 5, Insightful

    Allofmp3 is really run the way it should be. A minimal fee to cover bandwidth charges and the rest for the songs. There is no media, booklet and so on involved so the cost for those are not there.

    But as long as the big labels insist on blowing millions on boosting a few artist and neglecting others it's not going to change.

    The music industry is shagged.

    1. Re:Too bad by MrMickS · · Score: 3, Insightful

      As long as the money goes back to where it should, the artists, the principle is fine. Does the money go back to the artists? I doubt it.

      --
      You may think me a tired, old, cynic. I'd have to disagree about the tired bit.
    2. Re:Too bad by CmdrGravy · · Score: 1

      Well apparently it does, this is based on the operation of the licence which they have bought.

      If you have any evidence at all to the contrary we would be pleased to hear it.

    3. Re:Too bad by dema · · Score: 2, Informative

      It doesn't. If the artists want money from these sales, their labels must sign up with the ROMS (http://www.roms.ru/ - Note most sections not translated to English -- they have been like that for at least five months now). I work for an independent music distribution and a while back we discovered half of our catalog on a couple different Russian music download sites. We discussed this with our labels to see if any of them had any idea about this, and of course none did.

      After some research we discovered that by joining ROMS one could theoretically get their portion of the sales. We emailed ROMS on a couple different occasions many (four or so) months ago and to this day we have received no response. One of our labels put it best:

      Being that this is a Russian based website, would you honestly give them your credit card number? :)

      HELLLL NOOOO

    4. Re:Too bad by CmdrGravy · · Score: 2, Interesting

      So there is a mechanism for you to get some money from this but they haven't replied to your e-mails. Have you tried phoning or writing to them ?

      I imagine it's not unheard of for artists or performers to experience much worse problems getting any money out of Western record companies.

      I have given them my credit card number something like a year ago and have not been the victim of any fraud or anyother unsavoury activity.

    5. Re:Too bad by dema · · Score: 1

      So there is a mechanism for you to get some money from this but they haven't replied to your e-mails. Have you tried phoning or writing to them ?

      Apparently there is. We did also mail them, but were unable to find a phone number on their website and saw no reason to go searching for the number just so we could pay for a long distance call to Russia. The language barrier is obviously a problem in any of those cases as well.

      I imagine it's not unheard of for artists or performers to experience much worse problems getting any money out of Western record companies.

      I wouldn't say worse. I imagine artists have some trouble with major labels, but in the independent industry that is hardly ever the case. In my experience, it's more likely that a label will run out of money completely before it doesn't pay an artist (:

      I have given them my credit card number something like a year ago and have not been the victim of any fraud or anyother unsavoury activity.

      Yes, that quote is a sweeping generalization, but you gave your credit card number to a website focused on selling you music no matter what country you are from. The fact that none of our labels can find an application of any sort or even contact these people, probably leads them to feel rather insecure about giving them any type of information.

      Maybe that's the ROMS intention?

    6. Re:Too bad by CmdrGravy · · Score: 1

      I can understand you are annoyed at not getting any money despite the fact people are listening to your work.

      However your music is available in Russia where it is legal to set up sites like allofmp3.com, there is a framework in Russia to facilitate this but obviously it's governed by Russian law.

      It's obviously not ideal that Russia is unwilling to address the issues you are complaining about but it's also fairly typical of most countries to care more about their own citizens rather than listening to foreigners telling them to fix things.

      Businesses are also going to make the most of the legislative framework in which they exist, note US companies using the DMCA, so it's perhaps not surprising that they are unwilling to pay out money if they are fairly sure they are not going to get into any trouble for not doing so.

    7. Re:Too bad by Overzeetop · · Score: 1

      You mean that, as a music label, oyu don't have the funds to hire a russian lawyer who also speaks english, or hire an american firm with a russian tie-in, who can contact ROMS to initaite your claims?

      Just because it's not user-friendly does not mean that it's illegal or fraudulent. If you think the Russians are bad, you should try getting a birth certificate from the District of Columbia (you know, US national capital). It took me seven months, 32 phone calls (I counted), and three letters - two notarized. And that was for my _own_ birth certificate.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    8. Re:Too bad by dema · · Score: 1

      I doubt any of our labels could afford to hire a lawyer to handle that. And I was not assuming it is illegal or fraudulent, nor do I think "Russians are bad." I was just noting our experiences (as a distributer) with ROMS.

      If we can't personally contact them ourselves, why *should* they be allowed to distribute music that our labels represent? Maybe it's legal, maybe it's not, I don't know. But even it is 100% legal, we would not participate if we can't even talk to the people (Russian or not).

    9. Re:Too bad by evilviper · · Score: 1
      Being that this is a Russian based website, would you honestly give them your credit card number? :)

      HELLLL NOOOO

      This is absolutely ridiculous. First of all, there are lots of companies in the USA I wouldn't give my credit card number to, and the same goes for Russia, but there are plenty of reputable companies.

      In the case of AllofMP3.com, they don't take your creditcard info directly, so it's a paypal-like arrangement. It doesn't matter what you think of the owners of that particular site, rather, the creditcard billing company matters.

      In addition, credit card fraud would be a thing of the past if companies would just impliment the most basic protections. I believe American Express has one-time CC numbers now, but the others do not. If my credit card number gets stolen, I'm more than happy to have Visa stuck with the bill, because they don't do a damn thing to prevent fraud. I don't think it'll drive them out of business, and I don't think it'll motivate them to institute real protections, but I can hope... (on both accounts)
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  28. Legal to import regardless of Russian legality by Anonymous Coward · · Score: 5, Interesting

    Actually it doesn't matter if allofmp3 is illegal in Russia. The loophole in US copyright law that allows for individuals to import copies of art for personal use is a very thorough one: it doens't even matter if the material was legal in its own country. The loophole is designed to make it safe to go to Thailand, buy a music CD, and come back to the US without having to do a bunch of research to make sure you aren't breaking the law. You can import it legally even if it is an obvious bootleg.

    1. Re:Legal to import regardless of Russian legality by cpt+kangarooski · · Score: 4, Informative

      However, two problems remain with US law.

      First is that downloading is not importation, it is reproduction, and that therefore any exception permitting for importation is inapplicable. Importation only occurs where a work is fixed in a tangible object (such objects are called copies), and the object itself is brought across a border. Where instead a work is transmitted across a border, and is fixed into a new tangible object at the end -- such as RAM or a hard drive -- reproduction (the act of fixing a work into a copy) has occurred.

      Second, note that while some importation as described above is allowed -- not that any occurs in conjunction with allofmp3 -- it is still generally illegal unless certain conditions are met. For example, if the copy sought to be imported was made in the US, then it could be re-imported. Or if it is imported with the permission of the US rightsholder. Or if it is imported for personal use AND was made in a way that, had it been made where US law applied, it would not have infringed against the US rightsholder (i.e. making whatever oddities of Russian law it was made under irrelevant).

      So actually, obvious bootlegs generally cannot be lawfully imported. They may slip through, US borders not being all that tightly controlled. But again, no one is really importing anything from allofmp3, so this is a moot point.

      --
      -- 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.
    2. Re:Legal to import regardless of Russian legality by Pastis · · Score: 1

      Let's introduce fake DRM: each WAV will have one bit randomly changed (in a way that doesn't affect our hearing). That way, we do not reproduce the data: it's different for every person who download it....

    3. Re:Legal to import regardless of Russian legality by GigsVT · · Score: 1

      For example, if the copy sought to be imported was made in the US, then it could be re-imported. Or if it is imported with the permission of the US rightsholder. Or if it is imported for personal use AND was made in a way that, had it been made where US law applied, it would not have infringed against the US rightsholder (i.e. making whatever oddities of Russian law it was made under irrelevant).

      This last part of your post is very wrong. The first sale doctrine was established because an importer that was selling imported copies without the copyright holder's permission was sued.

      The importer won, thus creating the first sale doctrine, which you have completely misconstrued. It's legal to use, give, sell, transport fixed representations of copyrighted works that you purchased, without the copyright holder's permission.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    4. Re:Legal to import regardless of Russian legality by GigsVT · · Score: 1

      Copyright covers derivative works the same as originals. It wouldn't help.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    5. Re:Legal to import regardless of Russian legality by cpt+kangarooski · · Score: 1

      There are very few cases involving importation, so I suspect you're talking about Quality King. But you're wrong. The copyrighted works in that case were made in the US, exported, and then re-imported. That was what made them subject to first sale, and I covered that in an earlier part of that post.

      First sale does not, however, apply to all imports. Only those imported copies where the copies are lawfully made under US law.

      (And the first sale doctrine itself was created wholly domestically, in the Bobbs-Merril case, IIRC. Importation was not a factor.)

      --
      -- 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.
    6. Re:Legal to import regardless of Russian legality by cpt+kangarooski · · Score: 1

      That's still reproduction. Even if you only reproduce a very small part, it still likely counts.

      Seriously: when you're thinking of ways to game the system like this, ask yourself whether any idiot can see through it. Judges aren't all that stupid, and you won't do well if you act as if they are.

      --
      -- 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.
    7. Re:Legal to import regardless of Russian legality by Anonymous Coward · · Score: 0

      You are of course wrong. It has been established that soundfiles are tangable items protected by 1st sale doctrin. No reimporting is required. Evidence has been shown that that contradict your statements. Where is your evidence supporting your viewpoint?

    8. Re:Legal to import regardless of Russian legality by cpt+kangarooski · · Score: 1

      A computer file is clearly not tangible. Only the medium on which it resides is tangible. Thus an mp3 is not tangible. Only RAM, or a hard drive, or CD, or other such things are tangible.

      Basically, it's tangible if you can hold it in your hand, all by itself. Let me know when you can hold an mp3, without any other medium, in your hand.

      Plus, 17 USC 109 -- the first sale doctrine as codified -- applies only to copies (copies are defined in 101 as being tangible objects, as above) that are lawfully made under US law. The Quality King case already noted is basically the only case that explored this issue as related to imports.

      Incidentally, where are your cites?

      --
      -- 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.
    9. Re:Legal to import regardless of Russian legality by Anonymous Coward · · Score: 0

      "The loophole in US copyright law that allows for individuals to import copies of art for personal use is a very thorough one: it doens't even matter if the material was legal in its own country."

      It isn't as clear as it might seem; the law you refer to only applies to items bought for personal use WHILE OUTSIDE THE US. That is, for this regulation to apply to you, you have to leave the country, and bring a physical copy back with you when you return. Because you do not leave the US when you download, US laws regarding the aquisition of copyright works still apply (the jurisdiction is determined by the location of the person undertaking the activity, which is why we can't stop Brazilian spammers, remember?). Of course, that still means squat when it comes to downloading; the more astute will have noticed that people only get busted for hosting files in the US. And if you've downloaded from this site in the past, having paid a fee, you are still perfectly safe since you can reasonably argue that you believed the site to be a genuine, duely authorized distributor (no excuses now, of course) and you are the victim of a fraudulent transaction.

      "The loophole is designed to make it safe to go to Thailand, buy a music CD, and come back to the US..."

      Not exactly. The loophole is part of the Berne convention, and based on the assumption that royalties have already been paid to the artist in the CD's country of origin, and that people (quite rightly) shouldn't be asked to pay a seperate royalty fee in different territories. You're merely taking advantage of the fact that copyright is not strictly enforced in Thailand, but the Berne convention forces customs to assume that it is. And, of course, it would be prohibitively expensive to trace the legality of every single CD brought into the US.

      BTW, Indonesia makes the Thais look like amateurs when it comes to piracy (and not just copyright violators, I mean REAL pirates, as in "heave to and prepare to be boarded", kill-the-crew, sell-the-boat pirates; these guys hold up SUPERTANKERS, I kid you not!)

  29. It's obvious what was happened by Anonymous Coward · · Score: 1, Funny

    American interests (RIAA etc) have paid off the Russian police (usually corrupt) to initate some bullshit investigation with the hope of getting them shut down because greedy US interests feel they are not getting enough of a slice and want a monopoly on cripplewared DRM'ed-to-death 1 bit music from their online stores.

    Simple as that.

    Fuck you American greed. And fuck you corrupt stupid Russian police.

    1. Re:It's obvious what was happened by Lussarn · · Score: 1

      If they end up at Guantanamo Bay without a trial we know for sure you are correct.

    2. Re:It's obvious what was happened by MrMickS · · Score: 3, Insightful

      How does the above get modded to insightful? It's a tirade, nothing more.

      --
      burning karma is fun

      --
      You may think me a tired, old, cynic. I'd have to disagree about the tired bit.
    3. Re:It's obvious what was happened by Anonymous Coward · · Score: 1

      Because it is the truth

    4. Re:It's obvious what was happened by Ahnteis · · Score: 1

      Sometimes, even tirades are insightful.

  30. A Question by md81544 · · Score: 2, Interesting

    With regard to the people wondering whether they should close their AllOfMP3.com account, go into hiding, skip the country etc, I have a question for any legal types out there:

    If I buy from a real high-street shop that stocks really cheap stuff, and where I suspect, but don't know, that their goods were stolen, am I breaking the law? If they tell me the goods are cheap because of some "legal loophole", am I to blame if I buy their goods?

    I suspect not, but then, as they say, IANAL...

    1. Re:A Question by Johan+Veenstra · · Score: 1

      If you suspect that the stuff is stolen, you're breaking the law.
      Ignorance is bliss.

    2. Re:A Question by A+Drake+Man · · Score: 1
      I know someone that has been charged with "Receipt of Stolen Goods" so it's possible.

      I think it really comes down to how bad they want to make your life miserable. With user records being yanked from torrent services, all they have to do is throw up the "illegal" flag on this thing, and anything they do after that point would be "justified".

    3. Re:A Question by Anonymous Coward · · Score: 0

      Probably yes, but copyright law is another matter.

    4. Re:A Question by cpt+kangarooski · · Score: 1

      With regards to your question, let's rephrase it for copyright law.

      If you do something that would be illegal (such as downloading a copyrighted work without an applicable exception) but for permission granted by the copyright holder, then that's fine.

      But if that permission isn't really valid, then it is infringing. It doesn't matter whether you had any reason to think it might be illegal, or whether you actually did. Just doing it, no matter what you knew or what your state of mind was, is illegal. This is because civil copyright infringement is a strict liability offense.

      It may have an affect on the damages you have to pay, but that's the best you can hope for.

      Read 17 USC 501 and 504. When Congress says something needs to be willful, they mean it, and when they don't, they mean not to.

      --
      -- 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.
  31. RIAA lawyer's job formula by jez9999 · · Score: 1

    1. Incite foreign agency to prosecute price-undercutting music site.
    2. Receive bonus from RIAA.
    3. Profit!

    Yeah, too simple.

    1. Re:RIAA lawyer's job formula by atezun · · Score: 1

      Wow! And you managed to do it all without a ???????? stage

  32. Why would you use allofmp3.com? by MostlyHarmless · · Score: 3, Insightful

    Here's what I've never figured out: why anyone from any copyright alignment would use allofmp3.com.

    If you either don't care about copyright or do not believe in the current copyright regime, your most important goal is just to download music. In that case, why would you use allofmp3.com when you could get the same music off filesharing networks for free?

    If you believe that, regardless of the pleasantness of the current system, the artists (or the company the artists have chosen to represent them) should still be compensated for their work, then allofmp3.com should not be compatible with your stance. You know that they exist because of a quirk in copyright law and that they are not paying anybody anything, except perhaps some Russian licensing board.

    So the way I see it, either you are wasting money by not downloading the mp3 yourself, or you are wasting money by paying allofmp3.com instead of the record company. The only audience who should be ok with this, therefore, are those for whom legality is more important than convenience or morality. Am I missing something big here?

    --
    Friends don't let friends misuse the subjunctive.
    1. Re:Why would you use allofmp3.com? by Bugster · · Score: 5, Interesting

      You're missing the fact that allofmp3 offers encoding of extremely high quality, in a variety of formats. Furthermore, you're guaranteed to get the song you want, not some RIAA-spiked fake. This choice is not typically available through any P2P network. That's why we use allofmp3.

    2. Re:Why would you use allofmp3.com? by Jugalator · · Score: 1

      In that case, why would you use allofmp3.com when you could get the same music off filesharing networks for free?

      For a very small fee easily get your music from some other place than a P2P network that's monitored by the RIAA?

      Still looking from a piracy perspective; to get music in other formats than e.g. 128 kbps mp3's? There *may* be higher qualities available on P2P networks but there may not. On allofmp3.com you effortlessy usually get music up to 320 kbps mp3's if you wish, or Ogg, or sometimes even losslessly.

      --
      Beware: In C++, your friends can see your privates!
    3. Re:Why would you use allofmp3.com? by Anonymous Coward · · Score: 0

      I won't buy from other "reputable" online stores because the cost is a joke, and it's DRM'd anyway. I'm not about to pay for restrictions.

      I also don't care about the artists all that much, they all have too much anyway, plus they make most of their money from doing concerts etc so I'm not hurting them.

      By using AllOfMp3 you're showing that you're willing to pay and download music, but not when the cost is so high and the goods are heavily restricted.

      Also, all, and I mean ALL Linux p2p clients suck hard, I use bittorrent for albums etc, but single songs can still be hard to find, in that case I just download from AllOfMp3, it costs me next to nothing when it's just a couple tracks here and there and saves me the time to go out searching myself.

    4. Re:Why would you use allofmp3.com? by MrMickS · · Score: 4, Insightful

      Its a psychological crutch. By paying the small amount of money to allofmp3.com they assuage their conscience. They have paid something so therefore they are not doing anything illegal, merely exploiting an apparent loophole.

      How people can believe that paying a small amount of money to the composers/writers of the music allows them rights to any performance of that music is beyond my comprehension.

      Me. I did briefly use Napster but got fed up with the variable quality and availability of music that went back to buying more CDs. I've even ripped from vinyl and tape. I have bought a few songs from iTMS but nothing like the number on CDs.

      --
      You may think me a tired, old, cynic. I'd have to disagree about the tired bit.
    5. Re:Why would you use allofmp3.com? by jamesangel · · Score: 1
      Because it provided easily organised, quick downloads at a reasonable price. No searching on different networks, getting bad files, messing around trying to get a whole album altogether.

      It was also a way to get music at a reasonable price.

      AllOfMP3 may get taken down, but ultimately their business model will prevail.

    6. Re:Why would you use allofmp3.com? by Anonymous Coward · · Score: 0

      Well thank you. It's people like you that keep music costs atleast 5 times what they should be. Thank you so very much. The economy is at stake, but you, sir, are a good and honest man. Thank you.

    7. Re:Why would you use allofmp3.com? by HeghmoH · · Score: 1

      One of the major benefits of a service like the iTMS over P2P networks, even for somebody who doesn't care about copyright or legalities, is convenience. Finding music on P2P is still hard; it takes effort, you often find poor encodings, mislabeled songs, etc. Buying from the iTMS is extremely convenient; their selection is good, finding things is easy, and you know that your song will be good quality and properly titled and tagged.

      Allofmp3.com offers the same kind of convenience as the iTMS. If you don't care about copyright but you don't feel like wasting time and effort on the P2P networks, I imagine it could be worthwhile.

      --
      Mod down posts with a "Free Mac Mini/iPod" sig, they're spam!
    8. Re:Why would you use allofmp3.com? by Anonymous Coward · · Score: 0

      I have a pile of CDs in crates in the garage, and I ocasionaly want to listen to them.
      I've found that it's quicker to get the tracks in my chosen format from allofmp3.com over broadband than to go to the garage.

    9. Re:Why would you use allofmp3.com? by Anonymous Coward · · Score: 0

      You are missing the following groups:

      * people who have money and don't mind giving it to questionable characters, and find the service better than the flaky P2P networks

      * people who find current copyright immoral but also find it immoral to disregard laws... so they are happy to find a download service that is arguably legal

      * people who are gullible and don't know anything about copyright issues, they just find a nice cheap service and are happy with it

    10. Re:Why would you use allofmp3.com? by Mant · · Score: 1

      You can get high quality whole albums for little cost and very easily. Much easier than on p2p.

      Or... er... so I hear.

    11. Re:Why would you use allofmp3.com? by croddy · · Score: 1

      nicotine does not suck. it blows away the "official" client hands down.

    12. Re:Why would you use allofmp3.com? by Alsee · · Score: 2, Insightful

      I think you are missing something big.

      I've never used AllOfMP3.com myself, but I am seriously considering it when I get more harddrive space. They clearly offer a valuable service. A high quality professional easy to use valuable service which is dedicated to sevicing the needs of thier customers. A service offering the product people want in whatever format the customer wants it.

      That is something people are willing to pay for. A well run commercial service can indeed compete with "free".

      If a similar service were offered in the US at double the price it would attract a huge customer base. It would take a substantial bite out of P2P usage. Had the RIAA cartel NOT imposed a restraint of trade denying any legal download market for HALF A DECADE from the late 90's to the early 00's, had they NOT imposed an online market vacuum, had they offered such a servive back in the 90's... the P2P explosions would never have happened like it did. Nature abhors a vacuum, and markets abhor a vacuum. The P2P explosion was driven by that market vacuum. The RIAA was faced with blatant demand to buy music downloads and they refused to allow any sales to server that market. Naturally people turned to a gray/black market to serve that demand. The RIAA itself substantially created the P2P explosion.

      And now that the RIAA has created the P2P explosion, they are attempting to sell nothing but crippled products? And they are attempting to do so at exorbinat prices?

      You can compete with free by offering a valuable service. It is just fucking BRAIN DAMAGED to attempt to do so by offering a crippled product. People who would like to buy MP3's are left with no choice but to turn to P2P to obtain them. Just sell bloody MP3's, and it costs virtually nothing to offer OGG and anything else the customer wants while you're at it.

      Refusing to sell anything but crippled products is purely self destructive. It drives away customers, and it has NEVER prevented a single song from appearing on P2P.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    13. Re:Why would you use allofmp3.com? by timotten · · Score: 2, Insightful

      Well, no. You argue that there are two valid viewpoints:

      * I don't want to pay, so I should get everything for free.

      * I want to pay, so I should pay American prices.

      I want to pay, but I don't think the standard, American channels are inately better than Allofmp3. Here are some of the arguments in favor of Allofmp3:

      COST AND QUALITY

      Allofmp3 offers better quality than iTunes or P2P. It offers better prices than Walmart, Borders, or iTunes. It offers more convenience than any retail shop. It is the best deal.

      ARTISTS, PRICE, AND QUANTITY

      Allofmp3 charges less per download, but that doesn't mean it pays producers less: lower prices inrease demand. Using allofmp3, I've spent more money on more works from more artists than I would have under the iTunes system. I suspect this is true is true of others.

      Copyright laws in Russia and America are different. The Russian system of mandatory licensing encourages more on the demand side. The American system encourages more on the price side. Which approach is better? You'd have to develop a demand curve, and I certainly don't know anything about the demand curve. In fact, I have never heard genuine argument that the Allofmp3 pricepoint is unfair, unsustainable, or non-optimal.

      MIDDLE MEN

      You speak of artists. As a consumer, I don't deal with artists. I deal with middle-men -- Borders, Walmart, iTunes, allofmp3. The middle-men represent different distribution channels. Each of these channels has consumers paying at one end and artists getting money at the other end. But more importantly, more of the money goes into supporting the distribution (record executives, sales clerks, sysadmins, network firms, construction firms) than the production (artists and engineers). The middle-men are a bigger part of the economic-moral picture than the artists:

      Why is the allofmp3 channel cheaper than the iTunes channel? Beesides the legal differences between Russia and America, there are currency issues. An American dollar will buy more in Russia than in America. Routing purchases through Russian middle men is more cost-effective than routing purchases through American middle-men. The Russian route offers the potential to charge less and benefit more.

      Here's a question: does allofmp3 serve a positive role in Russia?
      * It brings in more money than it sends out.
      * As a technology firm, it probably provides better-than-average jobs.
      * As a legitimate firm, it's better than a lot of the alternatives in Russia.
      * As a small firm, it has a better affect on Russian civil society than Gazprom.

      Should I discourage people from using allofmp3?
      * By decreasing supply, I force the middle-man to increase prices, which discourages other consumers, which increases prices, etc.
      * If allofmp3 can't sustain business, its workers will have to go somewhere else. Will the new jobs be better?
      * If a small technology firm fails, will Russian capitalists and entrepeneurs be more likely or less likely to support another?

      CHINA

      The best analogy for the Allofmp3 question is the China question: should I buy imported Chinese goods? The currency and labor issues are similar (USD has a relatively high value. US offers better labor laws.) The moral conundrum is similar: should I contribute to the more perfect system because I like perfection, or should I contribute to the less perfect system to enable its improvement?

      My community seems to have adopted this approach: cheaper, imported goods are okay as long as the companies don't abuse or harm anyone. So far, nobody has suggested that Allofmp3 abuses its employees or its users, and the arguments that it harms foreign artists are extremely incomplete.

    14. Re:Why would you use allofmp3.com? by ssstraub · · Score: 2, Insightful

      How people can believe that paying $20 to the Labels that digitally duplicate said music MILLIONS of times is honestly priced, is beyond my comprehension.

    15. Re:Why would you use allofmp3.com? by Anonymous Coward · · Score: 0

      "Its a psychological crutch. By paying the small amount of money to allofmp3.com they assuage their conscience. They have paid something so therefore they are not doing anything illegal, merely exploiting an apparent loophole."

      Nope. I do it because they offer quality bitrates, I get what I think I'm downloading, and the ID3 tags are correct so I can easily sort and play.

      But thanks for playing.

    16. Re:Why would you use allofmp3.com? by MostlyHarmless · · Score: 1

      GTK-Gnutella does not suck either =). It might not be the most efficient if you're looking to download an entire album, but the selection available on the Gnutella network is still pretty wide.

      --
      Friends don't let friends misuse the subjunctive.
    17. Re:Why would you use allofmp3.com? by MostlyHarmless · · Score: 1

      You say that you do want to pay, but not pay American prices to get DRM-infested files. Here's the question, though: why would you want to pay except to support the artists? I, for one, am not running around looking for more people to give money to. I would probably pay for a downloading service if it were a system to cut out the middleman, where the artist gets at least 50% of what I'm paying. But why throw money at allofmp3.com? The analogy to cheap Chinese goods is something of a distraction; a better analogy might be bootleg DVDs from a country where bootlegging is legal.

      The arguments made in other replies about convenience are all valid: I can see where someone (this someone not being a poor college student :-p) paying extra for 300kbps Ogg Vorbis files (or whatever floats one's boat). But supporting a hard-working non-oligarchal Russian company? Come on, there are better ways you could spend your money to help the Russian economy.

      --
      Friends don't let friends misuse the subjunctive.
    18. Re:Why would you use allofmp3.com? by arodland · · Score: 1
      Indeed. You pay a little bit for the convenience of knowing

      • What you're getting
      • That you will be able to get it, and quickly (no 'waiting on queue for hours')
      • That the quality is good.
      • That the service will be, on the whole, convenient.


      Basically, they're the same benefits that you would get from iTunes, if iTunes could work directly with artists, and not the RIAA, and if they offered downloads in good formats, instead of a DRM-locked version of an already-encumbered format.
    19. Re:Why would you use allofmp3.com? by jjafuller · · Score: 1

      "How people can believe that paying a small amount of money to the composers/writers of the music allows them rights to any performance of that music is beyond my comprehension."

      It is not any performance that I believe we are entitled to. It is "reproductions" of a performance that we are entitled to. I still believe whole heartedly in paying hand of fist to see concerts, actual live performances. But, I feel that is it unconscionable to charge for reproductions of performances when there is clearly no effort of the performer. There would be no performance without the writers, so I think it is fair that they are the only one that get the profit.

      Writers/composer should be rewarded for introducing enrichment into society, and performers should be paid to perform, nothing more.

    20. Re:Why would you use allofmp3.com? by somoose · · Score: 1

      I used it precisely because everything I read stated that the artists were being paid and that it was legal. Of course, that meant that I was ultimately taking allofmp3.com at their word, but I didn't have anything else to go on. I have since seen a post outside of slashdot where someone claims to have contacted a record label which claims to have never received a penny. So now it's the word of someone claiming to be have talked with a record label versus the word of a Russian online company. Neither group is known to have high morals.

    21. Re:Why would you use allofmp3.com? by AliasMoze · · Score: 1

      Using AllOfMP3 is a psychological crutch?!? No, "exploiting an apparent loophole" is at present a way to get great service at a great price. Crutch, my ass. I had no part in writing the Russian or American copyright law. I just try to abide. If there's a hole and it allows me more access, power to me.

      If the RIAA steps in to close the gap, power to them. But right now it's great.

  33. mp3search.ru by Anonymous Coward · · Score: 1, Informative

    for those people interested in a russian music service, club.mp3search.ru is another one you might consider, I've used it for a while and while it doesn't offer you the format/bitrate of your choice it does have high quality mp3s </shameless plug>

  34. Downloading music IS illegal by aliquis · · Score: 4, Insightful

    " No, the real question is: Why are you afraid? Downloading music is never illegal.

    Sharing copyrighted music is copyright infringement. Downloading music is not."

    THAT my friend depends on where you live.

    1. Re:Downloading music IS illegal by MacJedi · · Score: 1

      While there may be exceptions, and I certainly invite you to cite them, the infringing party is the one which provides the infringing file, not the party which receives it.

      --
      2^5
    2. Re:Downloading music IS illegal by MadMoses · · Score: 1

      THAT my friend depends on where you live.

      Of course, you are right. I made generalizations. It's not illegal in Germany, USA and Canada AFAIK, and probably many other countries, too.

      --

      Do not be alarmed. This is only a test.
    3. Re:Downloading music IS illegal by famebait · · Score: 1

      Go google "INFOSOC" for a bit.

      --
      sudo ergo sum
    4. Re:Downloading music IS illegal by cpt+kangarooski · · Score: 1

      No, the infringing party is the party that engages in infringing conduct.

      Reproduction -- such as to RAM or a hard drive -- is a form of infringing conduct, where the work reproduced is copyrighted and no applicable exception or authorization exists. Downloaders engage in such conduct all the time, and when they do, are infringers.

      The Napster case discussed how both uploaders and downloaders infringed, and how Napster was also liable for having helped them do it, given the circumstances. It's not unique in this regard.

      Really, the only way a downloader would not be an infringer is if he didn't download. But viruses that take over your computer and force it to download music are rather rare. (and even then, it might not mean much)

      Generally, the people that get to claim that they weren't sufficiently involved are ISPs -- other people upload works to their machines, and other people download works from them. Even they had trouble always avoiding liability, so now we have special provisions just to protect them!

      --
      -- 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.
    5. Re:Downloading music IS illegal by Anonymous Coward · · Score: 0
      > Go google "INFOSOC" for a bit.

      I did. I got an MP3 of "What's on Your Mind?" (original and Pure Energy Mix) from 1987. Is it legal to download?

      *rimshot*

    6. Re:Downloading music IS illegal by aliquis · · Score: 1

      I think it's all EU countries actually. We in Sweden got a more extreme version. http://www.fipr.org/copyright/guide/

  35. No different from the large record companies... by Anonymous Coward · · Score: 0

    ...there's currently some litigation going on against one of the big US labels because they illegally continued to collect royalties for a fairly extensive back catalogue of tunes by the same songwriter. They currently owe hundreds of thousands of dollars to one of the said songwriters and are refusing to pay up.

    Can anyone else say "first against the wall when the revolution comes"?.

    Posted A. Nony Mously for obvious reasons.

  36. Cold Water by daithimacseoin · · Score: 2, Insightful
    This article from last year seems to throw cold water on any chances of charges sticking:

    So as IFPI Russia's legal adviser, Vladimir Dragunov, concedes: "Because of these loopholes we don't have much chance of succeeding if we attack these companies who are using music files on the Internet under current Russian laws."

  37. I Wish The Same Applied Over Here by garwil · · Score: 1

    AFAIK you can only be prosecuted under another country's copyright laws if the country you are in signed a particular convention (can't recall the name right now). Not that that would stop the RIAA from having a go. Bastards.

    These people seriously need to look at their business model. Having said that, if I had the choice between sueing for thousands of dollars per track, thus being paid for something that never would have been bought anyway, or getting $20 a CD (or whatever they cost over there), I know which I'd choose.

    --
    If ignorance is bliss, knock the smile off my face.
    1. Re:I Wish The Same Applied Over Here by Anonymous Coward · · Score: 0

      It's called "The Bern Convention", my dear Internet friend.

  38. Exactly by CmdrGravy · · Score: 1

    And my point is why isn't it this easy for everyone to offer a similary effective and useful service ?

    1. Re:Exactly by Richard_at_work · · Score: 1

      The reason it isnt this easy for everyone to offer a similiarly effective and useful service is because when you do it within the law, with proper permission from the copyright owners, you dont get to have the freedom and complete lack of overheads that AllOfMp3 enjoys, entirely because theres a huge chance that what it does isnt legal.

    2. Re:Exactly by Anonymous Coward · · Score: 0

      No, you're missing the point. Why can't the copyright holders offer this kind of service? They have to pay less people than AllofMP3 - their overheads are even lower, so they should be able to offer a better service, right?

  39. Copyright is a corrupted law. by akadruid · · Score: 4, Insightful

    'Nothing is illegal if one hundred businessmen decide to do it. -- Andrew Young'

    Thank you slashdot, that's a gorgoeus quote to put at the bottom of the page.

    The law in this area is broken - copyright was created to provide an incentive to create, but the law has been twisted by the rich to rob the poor.

    Until the law is fixed to protect the comman man, those of us who attempt to adhere to the law can protest the corruption by using this legal download service which does not support the rich and corrupt. Without it, there is no way to protest except to boycott or break the law.

    --
    "Those who cast the votes decide nothing; those who count the votes decide everything." (attrib. Joseph Stalin)
    1. Re:Copyright is a corrupted law. by Anonymous Coward · · Score: 1, Insightful

      These are good points you make. But I don't know why you stop there. If a law is clearly unjust, wrong, bad, clumsy or weighted toward the rich I would say it is the responsibility of the public to ignore and reject it.

      People are too wrapped up with what the law says, both in America and Europe. But the laws in regard this sort of thing have failed everyone.

      There are a lot of people who blindly accept laws without questioning them or for fear of punishment and asking questions like "is it 'legal'?", "how does this affect me?", "will I have to speak to my lawyer" etc etc. This is just sad.

      Opressed people throughout history have died to fight against unjust laws. Ok downloading MP3 is not a life or death situation itself, but the destruction of everything good that is going on in the digital world by paranoid governments and big business is very real and worth fighting for nontheless.

    2. Re:Copyright is a corrupted law. by akadruid · · Score: 1

      I don't know why you stop there

      Civil disobedience is a last resort to counter oppression. Gross inequality in our society, and corruption in our government, is reprehensible, but it does not warrent lawlessness, IMO.

      "Everyone must submit himself to the governing authorities, for there is no authority except that which God has established." Romans 13 v 1 (vv1-7 gives a complete summary).

      --
      "Those who cast the votes decide nothing; those who count the votes decide everything." (attrib. Joseph Stalin)
    3. Re:Copyright is a corrupted law. by Anonymous Coward · · Score: 0

      And since God does not exist, there exists no authorities what so ever. Nice one!

    4. Re:Copyright is a corrupted law. by Anonymous Coward · · Score: 0

      Gross inequality in our society, and corruption in our government, is reprehensible, but it does not warrent lawlessness, IMO.

      Talk about contradiction in terms.

      "Everyone must submit himself to the governing authorities, for there is no authority except that which God has established." Romans 13 v 1 (vv1-7 gives a complete summary).

      These aren't God's law you cretin. They are man made false laws to conrol others with less power. But don't worry when the time comes those who acted as sheep will be brought to slaughter.

    5. Re:Copyright is a corrupted law. by trawg · · Score: 1

      So... what you're saying is, by using allofmp3.com, we're sort of like Robin Hood!?! Sweet!

  40. P2P? by Anonymous Coward · · Score: 0

    It doesn't seem that this article is about p2p at all. Rather, it's about a Russian pay music site being attacked because their methods for licensing their music are unacceptable.

    Feel free to correct me if I'm wrong.

  41. Its illegal but... by wwahammy · · Score: 1

    Okay I'm not even going to claim this place is legal cuz honestly, its clearly not. There is no way that the record industry would allow someone to sell non-DRM'd music.

    But its a shame its not legal. This is the chaos I went through trying out Virgin Digital's subscription service. Since it was the cheapest with the best selection I figured I'd try the free trial. First I couldn't log in. After half a day of trying a bunch of different things I finally got it to work. Then I looked for a band I wanted (Pennywise). Musicnet said it was in their catalog which is what Virgin Digital uses but it never came up. Okay I'll get past that. Then I want to download a song from a new album.... Hmmmm track 2 is missing. I check on the non-subscription catalog and lo and behold there is the song. So I pay 7.99 a month for some music that is completely decided arbitrarily.

    You'd think this would be the end of my problems but I could only be so lucky. Next I downloaded a song and when I played it, it cut out half way through. So I downloaed it again and it worked perfectly. Next I downloaded another song and I had all of these loud crackling sounds. I can only assume it was a bad download or its a compression artifact. Oh but wait there's more! I wanted to play the song outside of Virgin Digital's player and instead in Windows Media Player. Hmmmm WMP says the song is corrupt. Well lets try another. That one is too!!! For god sakes, they're linked to the player!

    At this point I couldn't take anymore and canceled my 14 day trial membership after less than 8 hours. I never was so unhappy with a service. Its sad because its was a good idea but no one wants to pay money for half of a product. At least these illegal sites have what I want: music that can be free of compression artifacts that can be played in any player I want and isn't limited by the RIAA.

    1. Re:Its illegal but... by Zone-MR · · Score: 1

      Okay I'm not even going to claim this place is legal cuz honestly, its clearly not. There is no way that the record industry would allow someone to sell non-DRM'd music.

      Just because the record industry wouldn't want to allow it, doesn't automatically suggest it's illegal.

      Perhaps the US record industries cannot pass laws in Russia... yet.

    2. Re:Its illegal but... by Anonymous Coward · · Score: 0

      Perhaps the US record industries cannot pass laws in Russia... yet.

      No but they can buy them.

      Which is exactly what they are doing.

    3. Re:Its illegal but... by Blakey+Rat · · Score: 1

      Virgin's store is about the worst one out there, seriously. You got burned by a shitty music seller, the concept is sound. Try iTunes or Napster 2.0, both of those services are quite polished.

  42. Their days are counted. by rafael_es_son · · Score: 1

    Record label exploiters know their days are counted and are trying to hold on to the remains of whatever profit they can make until the market collapses and is re-structured in a way which could benefit artists. Future wars will be fought on cyberspace I tell ya!

    --
    HAD
  43. A sure sign democracy isn't working by Lesrahpem · · Score: 1

    Why is this innovative shop against the "law?" Is this something analogous to the Sklyarov case where US media laws were extended to russia? Why the hell should we be locked into iTunes et al? Whose law was it anyway?

    That's a really good question. The point of democracy is that the majority decides what the laws should be. So, how many of you think file sharing should be illegal? Come on, don't be shy, raise your hands.... I think I've made my point.

    1. Re:A sure sign democracy isn't working by OhPlz · · Score: 1

      Rephrase your question properly and then ask it again and see how many raise their hands. No one would be against file sharing, I don't remember any outrage over peer services back in the OS/2 days or other peer networking "clients".

      Your question properly phrased is "how many of you think distributing the intellectual property of another without permission should be legal?"

      I certainly don't think it should be.

    2. Re:A sure sign democracy isn't working by numark · · Score: 1

      Note, however, that the US (since Slashdot is US-centric, I'll assume that you're American for the moment) is not in fact a democracy, but a democratic republic. If we were, in fact, a complete democracy, the public could decide the laws. However, in a democratic republic, the democracy extends only to the point where we elect our representatives. These representatives then make the laws, not the general public. If these representatives don't make the laws we want, our recourse is to vote them out at the next election.

      --
      Want Slashdot headlines on your site? Try SlashHead
  44. This thread is rich ... rich with BS by adzoox · · Score: 1

    "People are too wrapped up with what the law says..."

    Yes lawlessness has overwhelmed us ... statements such as this only prove it. A little money here and a little money here are equal to a little crime here, and a little crime there - they both add up over time.

    People who feel they can break the law in one way - will start to desensitise themselves to any law.

    In the case of P2P - I am for file sharing - but I am not for sites that run paid services illegally or sites like SuperNOva who's main content was illegal downloaded software, illegally obtained and filmed movies, and other questionable content.

    This said, people who think all downloads of everything its ok to rob people of their property and property rights are the same people who agree with imminent domain. You have to. You feel that property should be shared and that private property is yours for the plundering.

    So, those who are often worried about their 1st ammendment rights - should take a look at the 4th ammendment. Seizure of private property by governments is happening everywhere - my thoughts - your robbing from someone because they are wealthy mentality.

    "Opressed people throughout history..."

    This is a good statement - but NO ONE is being opressed by not being able to listen to music in a certain way = digital download! Please don't compare our forefather's struggle death for civil rights to Napster - which acurately or not - is compared to Communism!

    By the way - call people wealthy - not rich. Call people low income instead of poor. Poverty is a cliche - at least in the US.

    --
    Yell & scream & rant & rave... it's no use... you need a shaaaave ~ Bugs Bunny
    1. Re:This thread is rich ... rich with BS by GigsVT · · Score: 0

      Intellectual property is not real property. It is a synthetic invention that is protected by laws.

      These laws have slowly expanded to the point where the protections for intellectual property are so strong that they give people like you some idea that intellectual property is on the same level as real property. It's not.

      The sole reason intellectual property exists is to promote science and engineering.

      To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

      Limited time. Writings and discoveries. Not all creative works, in fact, music isn't mentioned anywhere!

      Anyway, you have fallen victim to the propaganda that tries to make IP law something it isn't.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:This thread is rich ... rich with BS by FreakWent · · Score: 1

      Don't you DARE try to redefine the language I use.

      Rich and poor are just fine, thankyou.

      Of COURSE there are bad laws. Blind unthinking obedience to law is unhealthy in society, so is breaking laws just because they are there. It's all about balance.

      As an aside, is the ringmaster at jackwhispers public domain? I'm concerned it's an MS WMF and perhaps you 'aint allowed it there -- just a thought.

    3. Re:This thread is rich ... rich with BS by FreakWent · · Score: 1

      Besides, injustice anywhere is a threat to justice anywhere!

    4. Re:This thread is rich ... rich with BS by adzoox · · Score: 1

      I'm concerned it's an MS WMF ...

      Clarify this because I drew it.

      --
      Yell & scream & rant & rave... it's no use... you need a shaaaave ~ Bugs Bunny
  45. Is it not stupid... by headLITE · · Score: 1

    ...to demand music and information should be free, then pay someone else who wasn't even involved in the creative process behind something money to get it?

    It's like paying the kid next door for stealing a car. The ultimate in moroncy.

    1. Re:Is it not stupid... by Anonymous Coward · · Score: 0

      Hey, you can call it moroncy if you like. But I've got an as-new Ferrari F360 for $750, and all without running the risk of being caught on CCTV. Who's the moron now?

    2. Re:Is it not stupid... by headLITE · · Score: 1

      I never got a driver's licence anyway, my eyes are kinda broken ;)

    3. Re:Is it not stupid... by bbc · · Score: 1

      [How stupid is it to demand information should be free, then pay someone else to get it?]

      Not stupid at all. You pay for the distribution and other assorted services, not for the information.

      For the record, this is not much different from what you do when you buy a CD from the record store. For the first hundred thousands of copies of any given CD, 100% goes to the intermediaries. (At first sight, this may seem to be a peculiarity of the US system, but the same appears to be true for Germany and the UK.)

  46. Yeah... by Anonymous Coward · · Score: 0

    The RIAA can suck a diseased hairy yellow piece of crap and die.

  47. NO!!!! by Anonymous Coward · · Score: 0

    Can't I just have one thing to myself!

  48. You have the most bizarre thought process... by Anonymous Coward · · Score: 0

    "I didn't really care that it's illegal"
    So you thought, "well instead of getting my illegal things for free and risking a fine later, I'll pay some guy for the files instead, and still risk the fine later"?

    1. Re:You have the most bizarre thought process... by Kevin143 · · Score: 1

      That's exactly what my thought process is. I'm paying a nominal sum for illegal things that are much BETTER than the free illegal things -- to me, even on my meager income, 1 penny per megabyte (even 2 pennies) is worth it. As a wannabe audiophile, or at least a person that appreciates the difference between a well encoded MP3 and Kazaa's crap, it's very worth it to me. Any more than 2 cents a megabyte, maybe $.03, and at that point it's worth it to pay $5 or $6 dollars for a used CD on eBay. If I'm risking a fine anyways, I'd rather have higher quality files for an amount of money that is meaningless to me. Besides, it's always been a fantasy of mine to be sued by someone like the RIAA and take it all the way up the courts instead of just settling. Hopefully, the EFF would give pro-bono attorneys to a paying member willing to stand up for his rights.

  49. I wish they would release the new Tori Amos CD by SensitiveMale · · Score: 1

    before they are shut down.

  50. Noooooo!! by Anonymous Coward · · Score: 0

    I hope the stay around...I love allofmp3 - i've bought so much music from them it's not even funny.

  51. Double Jeopardy? by Anonymous Coward · · Score: 0

    So even though you seriously questioned the legality of the files, you continued to pay for them?

    "Hey great!! I can pay for illegal files once now, and then I can pay again when the RIAA comes-a-knocking!!"

  52. Re: Kevin? by Anonymous Coward · · Score: 0

    Maybe if mr. Kevin Rose hadn't gone and demonstrated the site TWICE on national television (The Screen Savers-G4TechTV).
    ('tard! The first rule of too good to be true things like this is shut the F up about it! Popularity is NEVER a good thing for anything like this)

  53. buying music is a bad idea by Anonymous Coward · · Score: 0

    Buying music on the internet is always a bad idea. I even know several people who got their credit card info stolen on iTunes. Music is there to share!

  54. This would be a dupe... by Lars+T. · · Score: 0, Offtopic
    if my story hadn't been rejected 15 hours earlier, just minutes after submission.

    2005-02-22 18:20:11 Russian police probes AllofMP3.com (Index,Music) (rejected)

    Gee, I wonder how I pissed that editor off, that he has nothing better to do - apart from not giving me Mod-points in almost 3 years. Or that strange down-modding incident.
    --

    Lars T.

    To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

  55. I will tell you why.... by CupBeEmpty · · Score: 1

    I think we can safely say that there are a lot of people out there that want legal music. While you may be ok with downloading illegal music there are other people that might not either for moral or legal reasons. Many colleges outright block filesharing apps so students need some way to get music. So it is often less about compensating the artist as it is getting the music, that otherwise might not be available. (Also my girlfriend is a Russian Language major and its the only way she can get Russian music)

    So taking it as a given that there are people that want to download "legal" music why would anyone use anything but allofmp3.com? It makes no sense to pay more money to Apple or Napster for songs loaded with DRM. Even with Napster's new pay per month service the music apparently deactivates after you stop buying a subscription (at least this is whatI hear). Allofmp3.com provides cheap as hell "legal' downloads, because you can sue the company for breaking the law but not the consumers that bought from the company. The same way that customers wouldn't be liable if Best Buy was selling stolen goods claiming them to be new.

  56. compare AllofMp3 to MAjor labels by acomj · · Score: 1

    AllofMp3 maybe 5cents per song.
    Napster/itunes 99 cents per song.
    p2p Free!

    AllofMp3 payment to artists = 0.00
    itunes payment to artists 0.05 (estimate).
    p2p payment to artists 0.00

    Lets see, if I like a band should I purchase music from a quasi-legal place that doesn't pay the artist anything or should I buy my music legally.

    For all the complaining about RIAA etc. They do pay artist something (which is significantly better than nothing)

    There were some interesting music industry facts in the NewYorker. The RIAA labels make money on about 300 album of to 10000 or so they put out a year. Almost all bands major label albums are money loosing investments, and the money fronted to artist to make an album is lost.(pro recording / mixing isn't cheap, although we'll see the first apple/garageband recorded album this year)

    1. Re:compare AllofMp3 to MAjor labels by Gramie2 · · Score: 1

      First, I would be very suspicious of anything the RIAA says about money. The entertainment industry has such a solid track record of trying to (and usually succeeding at) defrauding artists of their rightful payments, that any numbers can be assumed to be false.

      Second, even if most albums don't break even, it doesn't come out of the labels' pockets. They front the money to the groups, who are then on the hook. Some of them probably default on the loan, but rest of the money is paid back to the labels, no doubt with hefty interest.

    2. Re:compare AllofMp3 to MAjor labels by natemc · · Score: 1

      Way off estimations...

      iTunes, artists get 65 cents per download and minus a % if they go through a 3rd party like CD Baby (9%) and $6.50 - commission for an album sale.

      That is of course, for independant musicians.

    3. Re:compare AllofMp3 to MAjor labels by sabat · · Score: 1

      Take another hit, man. That joint must be good.

      Record companies make 99.9% of all profits on all music sold. Artists make .1%. So your estimate of 65 cents/download is way, way off.

      Also, the particulars of how each record company distributes profits is individual to the companies. Apple can't dictate that 65 cents goes to artists even it was feeling magnanimous. And all available evidence is to the contrary; artists frequently end up *owing* money to record companies unless they become Britney or Justin.

      --
      I, for one, welcome our new Antichrist overlord.
    4. Re:compare AllofMp3 to MAjor labels by natemc · · Score: 1

      It's not an estimate it's a fucking fact. You failed to follow the link in my post didn't you. I SAID INDEPENDANT.. thanks for skim reading and jumping to a false conclusion.

    5. Re:compare AllofMp3 to MAjor labels by Anonymous Coward · · Score: 0

      Yeah, U2 is only making .1% off their albums. I think you've been taking too many hits (to the head)

    6. Re:compare AllofMp3 to MAjor labels by shark72 · · Score: 1

      "And, even if most albums don't break even, it doesn't come out of the labels' pockets. They front the money to the groups, who are then on the hook. Some of them probably default on the loan, but rest of the money is paid back to the labels, no doubt with hefty interest."

      Incorrect. It's the record labels that take the risk. It's an advance, not a loan, and, naturally, there's no interest charged. If an album costs $50K to make and only nets $25K, the record label, not the artist, is out that $25K difference. That's one reason why it's so difficult to get a record deal; it's a hugely speculative market and the record companies, like any other company, need to see a return on their investment.

      On the other hand, what you've described does fit what happens when an artist decides to go it alone and record, produce and promote their own album. Unless they happen to have a lot of cash lying around, this means getting a loan, and in this case, you're correct -- that must be paid back 100% to the bank or credit card company, with interest.

      The point here is that each route has its trade-offs. If you sign with a record label, you get to spend their money, in exchange for getting only a small percentage of the proceeds and not having a copyright on the recordings themselves (although, of course, you retain the copyright on the songs). If your album tanks, you've lost nothing but time. Going the record label route is bad enough; no need to make up stuff like "you have to pay interest on the advance" to make it sound worse!

      Producing and selling your album yourself means that you get to keep all the money, you own the masters and you have complete creative control over how your music is sold and marketed, but it means a lot more hard work for you, and you must come up with the cash.

      --
      Sitting in my day care, the art is decopainted.
  57. This article was a big let down. by Anonymous Coward · · Score: 0

    I opened this thread expecting to find a bunch of great "in soviet russia..." jokes. WTF?

  58. No to paypal. by ssstraub · · Score: 1

    Not anymore they don't. That service has been disabled.

    1. Re:No to paypal. by Ahnteis · · Score: 1

      It was available yesterday....

  59. AllOfMp3s belong to USsr? by GrayCalx · · Score: 1

    /i'm ashamed.

  60. Their selection sucks! by walterbyrd · · Score: 1

    No Blondie Autoamerica? No Joan Jeat I Love Rock 'N Roll? No BW Stevenson?

  61. So what IS legal w/o DRM? by ares284 · · Score: 1

    Just wondering if there are any *definately* legal services selling mp3/wma/ogg/etc *without* DRM. I doubt it but I thought I had heard of a few. -Ares

    1. Re:So what IS legal w/o DRM? by Anonymous Coward · · Score: 0

      yup limewire is legal. help yourself it's all free. No DRM either. Cool!

    2. Re:So what IS legal w/o DRM? by SirChive · · Score: 1

      This is America, fool. Nuttin in "definately" legal.

      Something looks legal and you have the dough you can take it to court tomorrow or buy new laws.

    3. Re:So what IS legal w/o DRM? by pharwell · · Score: 1

      eMusic is a legal non-DRM site. Lots of really cool music, mostly indie/underground/non-"top-of-the-pops" type stuff. IMHO, the best digital music store around. I discovered some of my favorite bands there. So, it goes without saying I guess that it's not for the Britney Spears crowd, but for those of you who don't mind expanding your horizons and searching for new tastes in music, this will be right up your alley. And it's cheaper than iTunes.

      --
      I quote others only in order the better to express myself. -- Michel de Montaigne
  62. legal Loophole by Anonymous Coward · · Score: 0

    If they tell me the goods are cheap because of some "legal loophole", I ask back: "What loophole exactly?"

    If the price is too good to be true, it probably is. "Legal loopholes" are dangerous business. Like stock market strategies or tax shelters. Unless you really know what you are doing and you are willing to take the risk if the trick does not work, you should not touch an offer like this.

    1. Re:legal Loophole by bbc · · Score: 1

      Calling something a "legal loophole" is exhibiting an extreme disregard for the law.

    2. Re:legal Loophole by Overzeetop · · Score: 1

      Don't tell that to the major US political parties or any major US corporation. Heck, you probably shouldn't tell that to your American doctor - who drives a large SUV because he could deduct the full price from his taxable income due to a "loophole" intended to make it easier for farmers to purchase equipment.

      Some loopholes are intentional. Others are not. None are exhibiting a disregard for the law. All indicate the inability for the Legislature to write clear and unassailable bills when put under the scrutiny of lawyers.

      --
      Is it just my observation, or are there way too many stupid people in the world?
  63. If you want to pay the artist, then do so directly by Otto · · Score: 2, Insightful

    There were some interesting music industry facts in the NewYorker. The RIAA labels make money on about 300 album of to 10000 or so they put out a year. Almost all bands major label albums are money loosing investments, and the money fronted to artist to make an album is lost.(pro recording / mixing isn't cheap, although we'll see the first apple/garageband recorded album this year)

    Like most "interesting facts" in the world, those are wrong. If it wasn't profitable to make an album, then those albums wouldn't be made. Simple as that. They make money on the vast majority of albums and then screw the artist by use of creative accounting practices.

    My suggestion if you really want artists to make money:

    1. Go find the artist's webpage and look for some kind of mailing address. Might be a fan club, might be the address of their webmaster, but it'll very likely be someone that can forward your letter to them. Email them to make sure if you're uncertain.

    2. Write a letter explaining that you downloaded their music online because you felt that paying whatever the hell the price was for it when you knew they'd only see a few cents from that price was unfair. Wrap the letter around a $10 bill, or whatever you feel the album is worth.

    3. Mail it.

    4. The artists profit.

    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
  64. Trotsky (OT) by Abreu · · Score: 1

    Yeah, we in Mexico still remember Trotsky and the KGB assasins that got him... His house is now a museum, and his story here is quite interesting, as he was friends with Diego Rivera and Frida Kahlo, amongst others...

    --
    No sig for the moment.
  65. Not a very good analysis by SPYvSPY · · Score: 1

    First of all, I would not want to let my liability for criminal copyright infringement rest on some judge's interpretation of what "obvious" means. Secondly, downloading copyrighted material without the copyright holder's permission is a violation of copyright laws in the USA. In the USA, copyright holders have total control over the means of distribution (with some very limited exceptions for blanket licenses, etc.) Total control. All means of distribution. Not much room for interpretation there. I would say that if an American is sued for infringement in the USA, his best defense is to try to claim that it was unintentional copying in order to avoid criminal prosecution.

    1. Re:Not a very good analysis by AliasMoze · · Score: 1

      I believe what AllOfMP3 is saying is that a Russian agency of some sort has legally licensed the material from American companies. That agency grants companies a license (again, which is supposedly legal) to distribute the material electronically. So, like iTunes can legally sell music, AllOfMP3 can legally sell music, if I understand their position. In other words, though America's copyright laws grant control to the copyright holder, you can still buy music from someone other than the copyright holder. Everyone does it all the time.

  66. Article not online by acomj · · Score: 1

    I wish the article was online. They have references to there statitistics.

    think its pretty common knowledge that most music albums released don't sell a heck of a lot of copies. Only a few albums released any year make money for the record companies. And record companies release a stagering number of albums. How and where they spend there promotional $ is another story.

    I know of 2 musicians that are on small labels. People aren't sending them checks, although they did get their music on itunes which gives them a little extra cash.

  67. Did anyone really believe allofmp3 was legal? by geekee · · Score: 1

    Come on. Popular songs with no DRM being served out of Russia. Does anything about that statement sound legal?

    --
    Vote for Pedro
    1. Re:Did anyone really believe allofmp3 was legal? by Anonymous Coward · · Score: 0

      It's called, "plausible denial".

  68. Uh, maybe fear? by Grendel+Drago · · Score: 2, Insightful

    Gee, maybe people don't give a shit about copyright, but don't want to get busted? This, then, is the outcome of the RIAA's barrage of suits---they've created the climate of fear they wanted and intimidated a lot of people against scoring music from p2p. But, ah, it seems that this hasn't caused people to flock to throw $10 or $20 an album at them. Rather, they went overseas to import cheap, Russian, MP3s.

    The choices, then, were (prior to any lawsuit) (a) buy expensive tunes, legally, at iTMS or the like. (b) Buy cheap tunes, which may not be legal, but don't involve uploading, which means no getting gouged out of your life savings by the RIAA. (c) Download off p2p, which is cheap, but runs the risk of financial ruin if the industry makes an example of you.

    Make more sense now?

    --grendel drago

    --
    Laws do not persuade just because they threaten. --Seneca
  69. Hmmmm by bgackle · · Score: 1

    In Soviet Russia, the artists pay YOU.

    --
    What we really need is a ten day waiting period and a background check before you can buy a congressman.
  70. USSR was fascist.... by Anonymous Coward · · Score: 0

    While not the true Fascista party of Italy, it was Fascist in nature. My boss is fascist, for example.

    http://dictionary.cambridge.org/define.asp?key=2 80 83&dict=CALD

    The USSR is often called Communist. While the USSR was never Communist, that was the ideal that they were striving for (sortof.)

    The USSR was truely a totalitarian as Cyberax states. (He actually talks of Russia.)

  71. The answer. by Grendel+Drago · · Score: 1

    why would you want to pay except to support the artists?

    Fear, silly.

    --grendel drago

    --
    Laws do not persuade just because they threaten. --Seneca
  72. No, the answer is... by segoy · · Score: 1

    Bzz, try again.

    (US) If you purchase something abroad, you are allowed to bring it back into the country with you (import) without license provided that you are not importing it for redistribution. Technically the point of sale is in Russia, not the US.

    Now, if it turns out that you purchase an album that you reasonably believe that they do not have the license to distribute, then, IMO, you would have to be brought to justice under the court which has jurisdiction over the point of sale, not your location. I don't believe the RIAA can sue you in the US for an action that took place outside of the jurisdiction of the US courts (except in exceptional circumstances).

    1. Re:No, the answer is... by PhilHibbs · · Score: 1
      Technically the point of sale is in Russia, not the US.
      Has this been tested in court, or is it explicitly clear in law somewhere? This means that there's no import duty or sales tax on software downloads from abroad in the US, right? There is in the UK, because it is deemed to be a commercial import, not a personal one, unlike actually going there. I would have thought that this kind of issue would be covered by international treaty, and therefore standardised.
  73. Maybe a silly question.. by AltaMannen · · Score: 1

    "1) The site claimed they paid the appropriate fees for the copyrighted material in Russia."

    I don't know that much about international copyright laws except that if it seems too cheap I should probably be careful.

    I know that you pay money for broadcasting music to a local copyright fund that redistributes the funds in some manner (which seems to me to be what they said they did), but when it comes packaged in the same manner as a CD (digital sound in files) I figure you'd need to pay the original copyright holder (or its representative in that region) directly regardless of the broadcasting legislation. Or did I get brainwashed by the entertainment industry again?

  74. For example...? by BurntHombre · · Score: 1

    Never seen any pre-release stuff on there, personally.

    1. Re:For example...? by igorthefiend · · Score: 1

      The Mars Volta album was up there when I last looked on January 29th and it was only released on the 21st of Feb... for example.

  75. fixed v. transitory by ExMember · · Score: 1

    What is fixed, and what is transitory?

    Music in speaker wire is transitory. It can be precieved, and reproduced from there, but only for a short duration.

    Information in RAM is similarly transitory, it only lasts milliseconds before it fades away. RAM is a transitory medium.

    A computer can keep information in RAM a lot longer than that by continually refreshing it. A computer can be a non-transitory medium.

    A computer can also load information in RAM and let it fade away immediately. A computer can thus also be a transitory medium.

    How long the work is retained determines if the computer is a fixed medium, or transitory, and thus if the work is "fixed", and thus is the behavior is infringing.

    How long can a work be retained before is considered non-transitory? Speaker wire retains a work for milliseconds, it is clear that that is transitory. CD players with ASP (Advanced Skip Protection) retain a copy of a work for up to 120 seconds. If that is not transitory, anyone listening to a protected work in one of those CD players is infringing.

    Many computer files are intended to be permanant, and thus with regards to them the computer is a fixed medium. But web caches only last a few hours or days. They are temporary, transitory. The same can be said of a /tmp partion. Files there are generally deleted after seven days. They are temporary, transitory.

    If I set up a cron job to delete the protected works after three score years, I could then claim that my copies were transitory, and thus not fixed in the medium. It's a stretch, but maybe I could get it in front of the same judge who decided ninety-five years was a "limited time"

    1. Re:fixed v. transitory by David+Rolfe · · Score: 1

      You said: How long can a work be retained before is considered non-transitory? [...] CD players with ASP (Advanced Skip Protection) retain a copy of a work for up to 120 seconds. If that is not transitory, anyone listening to a protected work in one of those CD players is infringing.

      No, I don't think would be the case. As the 'owner' of the CD you are extended certain exceptions to the reproduction rights of the copyright holder. This is why you can, for instance, format shift your 'own' audio, and can for instance, install software from CD or other fixed medium onto a harddrive (another fixed medium) and then load the program into RAM (as defined by case law since the 80s another fixed medium). You may also be granted exceptions to create reproductions for backup purposes.

      IANAL. Other users may have a clearer or more precise answer than mine.

      --
      Read Heinlein's 1953 Revolt in 2100, now more than ever.
  76. Globalization... by Big+Boss · · Score: 3, Interesting

    Setting aside the legal issues, I see this as the flipside of globalization. The big corps are thrilled to tout the benefits of globalization when they want to exploit third world workers for pennies on the dollar. Now they can get hit with the other side of the equation, we can choose to BUY things from other countries for less than we can here for the same reasons. Oh wait, now that it's THIER wallet being hit, it's "wrong". Poor, poor billionaires. I feel soooo bad for them.

    I'm tired of the corps having thier cake and eating it too. And I consider myself libertarian, so that should tell you something. Corporations, like Copyrights, are SUPPOSED to be part of a balance of power between them and the rest of us. We are supposed to benefit as well. The balance has been lost.

    1. Re:Globalization... by geekee · · Score: 0, Troll

      This post is so bad I almost busted out laughing. Saying allofmp3.com has any kind of legitimacy is like saying MS is doing well in China because most computers there run pirated versions of Windows.

      You're no libertarian, BTW. Libertarians respect property rights.

      --
      Vote for Pedro
  77. Re:If you want to pay the artist, then do so direc by shark72 · · Score: 2, Informative

    "Like most "interesting facts" in the world, those are wrong. If it wasn't profitable to make an album, then those albums wouldn't be made. Simple as that. They make money on the vast majority of albums and then screw the artist by use of creative accounting practices"

    No, the GP is correct. The recording industry is what's called a "speculative" business. It's a bit like playing the stock market, or investing VC money. Nine investments may lose money for you, but that tenth one just might pay for all the rest. In the recording industry, one gold or platinum record can keep a company afloat for a year.

    I certainly understand that this isn't intuitive to somebody who hasn't been in a speculative business, but nonetheless, that's how it works. This is why you seldom see record companies on the Fortune 500 (except for those that are part of some conglomerate), and why you seldom see analysts issue "buy" ratings for record companies. It's also why small record labels go out of business all the time (but new ones seem to pop up at an equal rate).

    --
    Sitting in my day care, the art is decopainted.
  78. Slashdot is to Blame by Anonymous Coward · · Score: 0

    Wasn't it Slashdot and it's readers, who made allofmp3.com well known in the USA?

    Before the big article here, I'd never met a soul who'd heard of that site. It was a nice secret.

    Not anymore though. Good work!

  79. Addenum: by Anonymous Coward · · Score: 0

    If you're wondering about mail order, again the physical product is moving across a border, so the exemption still applies, provided you're not importing goods beyond a certain value (note that this also doesn't apply for CDs imported by record stores for re-sale, which is why imports are often more expensive).

    And for legal download services, the situation is this: you can purchase from iTMS (for example) US, and use those files anywhere you take them. You could in theory legally download from iTMS UK if you are in the US, but iTMS UK is prevented from distributing outside their territory (this is part of their distribution license deal). If you go to the UK, you can legally buy from iTMS UK, then take those files back to the US, but you can't legally download from iTMS US while in the UK (legal for iTMS US, that is). This may seem petty, but it stems from the fact that different countries have different royalty rates, and each site has to comply with the local laws in order to trade there. US laws don't apply everywhere just yet.

    In the case of AllofMP3, since they were in the highly unusual position of selling to the entire world with seemingly no regard for local fee structures, it is a pretty good guess that they're operating illicitly. So if you've downloaded from them, ask yourself: what would an outfit, having been almost busted for illegal distribution, do with your personal information? I hope nobody paid by credit card, because it strikes me that this could really be a very subtle phishing operation: get 'em in, make it look legit, and when people get used to seeing that account number on their statements, hit 'em hard and grab the cash before anyone wises up. Or better still, overcharge in small increments, a few cents*1,000,000 downloads per day adds up. Just remember: the more legitimate a scam looks, the better it works...

  80. Re: Kevin? by Anonymous Coward · · Score: 0

    Wait, people still watch The Screen Savers? Who are these wannabe gamers/geeks ?

  81. Re:If you want to pay the artist, then do so direc by geekee · · Score: 1

    All the sob stories you here about artists not making any money are usually on their 1st record contract, where their worth is around $0. If they make it big, when their contract expires, they can negotiate with a great deal of leverage because they have shown that they can sell albums. The original post is correct. If you think a band like U2 is not making a ton of money, you've been totally mislead

    --
    Vote for Pedro
  82. You just got served. by Anonymous Coward · · Score: 0

    You just got served.

  83. Florida by David+Rolfe · · Score: 1

    I live in Jacksonville. If you are familiar with the place, I live in St. Nicholas, behind "The Old Bookshop".

    --
    Read Heinlein's 1953 Revolt in 2100, now more than ever.
    1. Re:Florida by cpt+kangarooski · · Score: 1

      No, I haven't been to Jacksonville very frequently. I grew up in Tallahasse, but I've since moved up to New England.

      --
      -- 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.
  84. AllOfMP3 by AliasMoze · · Score: 1

    Why are so many people pointing out that AllofMp3 is "obviously" illegal? What's so obvious about it? I mean, what makes us think Apple or MSN Music is so perfectly legal? Because they've told us so, that's why. So what's the difference? AllofMP3 says they're legal and goes to great length to explain how.

    Now, it's true - the American music industry has set the standard of ridiculous prices and substandard service. Even the online stores are only slightly cheaper than CDs, and they don't offer a variety of encoding options, just their proprietary 128k crappola.

    I've bought from MSN, which is okay, but the quality is pretty bad on my portable MP3 player, not to mention that the MSN file format crashes the player ever other time. I'd go with Apple, but I don't think theirs works at all on my player, and if it did, they only offer 128k (right?). The record-industry-shill response has been unhelpful - get an IPod, buy from Apple, or else don't buy music. Well, I'm supposed to have a choice. That is not a choice. It is an illusion of choice.

    So recently I started using AllofMP3, and I love it. There's no silly DRM. I don't plan on sharing my files, but I like that I can actually f-ing play the files. I download 192k, which sounds infinitely better on my portable player. The prices - well, they're incredible, but I'd be willing to pay double the price, maybe even triple, for this kind of service. Needless to say, it's nice to deal with a business that doesn't seem to be ringing as much money from me as it can possibly get while providing me with as little. Respect is refreshing.

    Those who say AllOfMP3 SHOULD obviously be illegal are just shilling for the industry that literally gets together and decides how to screw the customers. Not only that, these users have been conditioned to think that ridiculous prices and crappy service is not only the norm but should always be.

    Furthermore, this is not a moral argument; it is only a legal one. There is no need to always tie the two together, as they are seperate things. Who gets his morality from the law of the land? That's worse than backward thinking - it's fascist.

    AllOfMP3 is a bit like a clearance sale to me. I've bought plenty of CDs for two bucks before, used and new, without a pang of guilt that the artist was being hurt or the law kicking down my door. I'm just a lowly consumer of music. If you're selling it for cheap, cool.

    P.S.: All the article says is that Russians are investigating Russians. Unless they shut down the site, nothing has changed.

    1. Re:AllOfMP3 by shark72 · · Score: 1

      "Those who say AllOfMP3 SHOULD obviously be illegal are just shilling for the industry that literally gets together and decides how to screw the customers."

      Many people who think it should be illegal have this belief because they think that the people who create the music should be paid fairly, and should have the right to decide how their work is distributed.

      I am aware that a common sentiment on Slashdot is "fuck the artists," but it's important to understand that not all geeks have the same moral compass. For many people, the golden rule -- basically, "treat others as you would like to be treated" is not simply a quaint bromide from childhood, but a foundation of their moral code.

      Please have a little more understanding for others' viewpoints. If you can get to that point where you understand that people with moral codes that differ from yours are not obviously "shills," it may make you a better person overall.

      --
      Sitting in my day care, the art is decopainted.
    2. Re:AllOfMP3 by AliasMoze · · Score: 1

      Oh, I see. You're more moral, because don't buy from AllOfMP3. That clears it up.

    3. Re:AllOfMP3 by AliasMoze · · Score: 1

      My position has nothing to do with fucking the artist. I'm one of them.

      As I said, AllOfMP3 is to me like buying from a bargain bin at the store or buying a used CD. In either case, very little if any money goes back to the artist, though the act itself is perfectly legal. But that's beside the point. I'm buying in that case because the product is the same but cheaper, and after all I'm in the position of the consumer, plain and simple. Morality has nothing to do with it.

      Anyone can list a catalogue of companies and entire industries that should not be supported, because they treat their workers badly. In not buying, one can easily claim the moral highground. I understand what you're getting at, but the moral highground simpy isn't an argument.

  85. Re:USSR was fascist.... by Anonymous Coward · · Score: 0

    From Mussolini:

    "...Fascism [is] the complete opposite of...Marxian Socialism"

    taken from: http://www.fordham.edu/halsall/mod/mussolini-fasci sm.html

    So, the USSR strived for a communist ideal (like the US strived for some democratic ideal), which is on the *opposite* end of the political spectrum from fascism.

    In other words, no, the USSR was not only not fascist, it was about as far from fascism as you can get.

    Put another (simplistic) way communism == extreme left wing, fascism == extreme right wing.

    Or yet another simplification: in communism the state manufactures everything in lieu of companies, in fascism companies *are* the government.

    They're both totalitarian.

    BTW, your example is a figure of speech and perhaps appropriate for a dictionary, but it's not a political definition nor relevant here.

  86. Write Clearly, Learn to Spell, Shut the Fuck Up by sabat · · Score: 1

    You're not writing textbooks, so if you have a point to make, you need to make it clear.

    Worse, you don't know how to spell "independent." Use a dictionary, genius.

    Worst of all, you mislead all of us when you bury the word "independent" in an otherwise inflamatory screed about how the artists get paid by iTunes and how we should all shut the fuck up.

    Shut the fuck up.

    --
    I, for one, welcome our new Antichrist overlord.
  87. Copyright by David+Rolfe · · Score: 1
    --
    Read Heinlein's 1953 Revolt in 2100, now more than ever.
    1. Re:Copyright by cpt+kangarooski · · Score: 1

      Sort of.

      One point to note is that a broadcast is not a reproduction, but rather a transmission, which falls within the realm of public performance. Public performance is yet another 106 right, along with reproduction, distribution, etc.

      Public performance with regards to TV is one of the most complicated portions of copyright law, as it was basically the result of terrestrial broadcasters, cable networks, satellite broadcasters, tv networks, and the movie and tv industry all working out a compromise they could agree on.

      Basically, the broadcaster et al has to get rights to send out each program they air, and this is typically done by the network, which clears all the programs and then can license the whole deal for broadcast. Sometimes this breaks down, as can be seen when channels go off the air with regards to a particular provider (IIRC a lot of Disney's networks went off Time Warner cable in NYC some years ago, until things got worked out). However, some rebroadcasting (generally of local channels) by cable or satellite providers may be allowed by law.

      At any rate, the copyright for a particular program is typically held not by the broadcaster, but by either the network or a production company that licenses the show to the network. So Viacom owns Paramount, which produces Star Trek, and UPN, which airs it. But Buffy was made by 20th Century Fox (which is owned by News Corp. IIRC), yet was aired on WB (owned by Time Warner), and later moved to UPN (Viacom again). It's also in syndication on a variety of channels, which can either pay individually to air it, or are just another division of News Corp., such as FX.

      The relevant point, in the end, is that someone has the copyright to the program; probably not the mere broadcaster that owns the antenna in your vicinity, but someone.

      The exception for your viewing is the 'transitory' nature of the copy.

      No. Let's hit the structure of copyright.

      First, given freedom of speech, everything is allowed unless specifically prohibited. This includes reproducing other people's work.

      Then, narrow limits may be imposed. For example, we might prohibit reproduction of certain works, but not others. And we don't prohibit reading or watching at all. Some prohibitions may impair unprohibited things, but that's how that works. For example, reading never infringes on copyright by itself. But if you reproduce a work so that you have a copy to read, that would. One series of actions may involve numerous specific infringements as well as non-infringing acts.

      Then, as to those narrow prohibitions, even narrower exceptions may be established, which in effect reduce the size of the prohibitons. These include fair use, first sale, etc.

      So here's an analogy: We have a roller coaster. We could let anyone ride it. But then we exclude people who are below a particular height. They don't get to ride it. But of those excluded people, anyone that is over 18 and signs a waiver is allowed on despite being too short. They got excluded initially, but are not in the end.

      When you put that EM wave you took out of the air and put it on tape (harddrive, etc) you are reproducing (fixing the work to a tangible medium).

      Correct.

      This is a right you don't have.

      It'd be more accurate to invert this; he has the right, he just can't legally exercise it. Under the right circumstances, he can exercise it. Free speech is what is limited by copyright, but it's inherent.

      That's why programmes have 'fine print' at the end of the credits that say things like "Copyright [Someone]. All rights reserved".

      Actually, that's for notice requirements under various laws. These days, not having a notice would not affect the copyright. Remedies maybe, but not copyright.

      Time-shifting is an established fair use.

      No such thing. Each time anyone claims some otherwise infringing act is a fair use, it must be analyzed according to the circumstances involved under the fair use test. The mere fact that Alice did something that was a fair use doesn't mean that Bob will inevitably fall within fair use if he does something, even the same thing. It always depends.

      Pretty good though.

      --
      -- 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.
    2. Re:Copyright by David+Rolfe · · Score: 1

      Me: [reproducing a TV broadcast] is a right you don't have.

      You: It'd be more accurate to invert this; he has the right, he just can't legally exercise it. Under the right circumstances, he can exercise it. Free speech is what is limited by copyright, but it's inherent.

      Duh, of course. I can shout "Fire!" it's just not legal in all cases. This is interesting to me. I thought (and again, I'm stupid) that the Betamax case made it "OK" to tape and time-shift stuff for your own use, and that an earlier law, the Home Recording Act [of some year], iirc, gave you the permission to format-shift. Is it that these are still 'infringing' but have have exceptions or defenses (or both)?

      This stuff intrigues me, but I don't know if I could go back to school for law... it seems so intense to grok.

      --
      Read Heinlein's 1953 Revolt in 2100, now more than ever.
  88. Like Importing Canadian Drugs into the US by sosiosh · · Score: 1

    If US-made drugs are cheaper to buy from Canada, why is it illogical that US-made music might be cheaper to buy from Russia? I don't think it is so "obvious" as some people claim that this is at all illegal.

    And with regard to that copying vs. importing argument: try to argue to some federal judge that you weren't "exporting" encryption technology to Iran, you were only copying it, so the laws against exporting this technology weren't broken... See my point?

    -----

    1. Re:Like Importing Canadian Drugs into the US by AliasMoze · · Score: 1

      Canadian pharmacies is a good analogy. Both US industries are accused of setting arbitrary prices, locking out competition to keep the prices high, and both claim that research and development is the reason for the high prices. As long as buying drugs from Canada is legal, people will. Of course, that will change soon, just as the US recording industry will put a stop to what AllOfMP3 is doing. In the meantime...

  89. What's my point? by Anonymous Coward · · Score: 0

    How did CEOs and buying laws come into it? My point was that AllofMP3 gives nothing back to the musicians*, despite charging for downloads. They don't subsidise recordings, they don't pay royalties, they simply leech of the work of others and give nothing back at all. Which, to me, makes them worse than the existing record companies.

    *I made some enquiries with Universal Music - no, AllofMP3 is not authorized to sell any of their catalog. My contact at Sony/BMG is currently overseas, and I don't know anyone at Warner these days, so I can't say for sure about the those companies, but I'd guess that if this site felt safe selling Universal's music without permission, they probably wouldn't baulk at the others.

  90. Confirmed: not paying artists! by Anonymous Coward · · Score: 0

    I have spoken to some contacts at Universal Music, and they have confirmed that no distribution agreement exists between them and AllofMP3. So by the look of things, they are not paying the artists at all.

  91. Re: MPAA going after downloaders by PhilHibbs · · Score: 1
    In the USA, on the other hand, IIRC nobody has been accused for downloading music,


    See recent story New Round of Lawsuits in Preparation for Oscars, from the linked article:

    these new suits were against end users, or people who actually downloaded the films
  92. I guess it's theoretically possible... by SPYvSPY · · Score: 1

    ...but practically impossible. Just having a license isn't enough to permit you to resell the licensed material. Knowing the labels and the RIAA, I doubt Russia has any means of obtaining adequate resale rights unless it was some kind of legislative or executive action at the highest levels of the Russian government. Seems pretty implausable to me, especially since the US government is likely to side with its homegrown music industry.

  93. Allofmp3 stoll thousands of my account by Anonymous Coward · · Score: 0

    I payed in 25 dollars to my allofmp3 account and subsequently hundreds were withdrawn from my account , spending on the internet. Luckily my insurance was my safeguard. To say this site ii denying the fact that credit card fraud is illegal, which is riduculous. If this site doesnt go down, then the Russian police are hopless.