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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."
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.
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.
BroadbandPig
You mean... AllOfMp3's insanely cheap, Russian-hosted mp3s aren't entirely legal? I'm shocked!
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.
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.
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?
Is anyone even remotely surprised? They had stuff there months before it was released officially. The clues were there, people!
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.
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?
...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.
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.
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.
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.
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.
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.
Hi Phil, /.id like that.
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
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.
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.
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.
" 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.
This is why it's a good idea to only use stolen credit cards online.
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
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
'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)
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.
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!
Opinions on the Twiddler2 hand-held keyboard?
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.