Mandriva Linux to Offer Online Music Service

dysfirkin writes "Mandriva 2006 is to be the first Linux distro to offer built in online music service. The service will compete with the likes of emusic.com for the music business of Linux users. I have not used Mindawn before, but the service is offered in Ogg Vorbis and FLAC."

Comments

DRM

[DaHat]

Given that they likely won't use DRM with their downloads (after all, a Linux distro doing DRM would be quickly abandoned by many of its users and be excommunicated by RMS)... that would seem to mean that the major labels would not allow their songs to be put on it, counting out the majority of popular music today.

Shame.

iTunes killer? Of course not.

[whitespiral]

Some of you miss the point completely. Mandriva isn't after iTunes neck. It's trying to carve a niche market: That of Linux users. They add the other clients just to better their chances of profit. And the music offering not being the popular bands is no problem at all: Linux users aren't looking for gangsta rap, they have a brain, and use it.

602 doesn't apply

[bacchusrx]

Downloading music (from anywhere, foreign or domestic) isn't importation, so 602 does not apply. Even if 602 did apply, you would not have an exemption under 602(a)(2) because of 602(b).

Importation is the act of taking copies or phonorecords across a border. Look at the definitions of "copy" and "phonorecord" in section 101. Copies are "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." Copies are real, physical things. Copies are not broadcasts or transmissions. When you have a song on a CD, the CD is the copy. When you have a song on a hard drive, or in RAM, the hard drive (or the RAM) is the copy.

When you download from allofmp3.com, or anywhere else, you're not transporting an actual copy, in tact. This is obvious because the copy is a physical thing: the copy of the song is the disk on which allofmp3 stores it. They didn't send you their disk. So, what happened? You made a copy of the song, and the new copy is the song fixed in your disk.

So you didn't import the song. You reproduced it. Reproducing a copyrighted song without permission of the copyright holder, or an applicable exemption, infringes the copyright holder's reproduction rights. Just because allofmp3 has the right to make those songs available to you under Russian law, does not mean you are authorized under US law to make your own copies, which is what you're doing when you download music from them.

For instance, let's say that merely "making available" does not infringe copyright. So, I put up a directory on a public webserver filled with music I bought from emusic.com or somewhere else. I may have a perfect legal right to place those songs online, merely doing so isn't distributing them for instance, but you still don't have a legal right to download them. It is no different with allofmp3.

Now, in Canada, in constrast, it is probably legal to use allofmp3.com. The private copying provisions of the Copyright Act do not not require that private copies be made from legitimate or authorized sources, merely that they are made for personal use and that they are made onto a recording medium that isn't prescribed.