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AllofMP3.com May Hinder Russia Joining WTO

gitana writes "The New York Times is reporting that American trade negotiators may demand the shutdown of AllofMP3.com as a condition of Russia joining the World Trade Organization." From the article: "Music industry officials say AllofMP3, which first came to their attention in 2004, is a large-scale commercial piracy site, and they dismiss its claims of legality. "It is totally unprecedented to have a pirate site operating so openly for so long," said Neil Turkewitz, executive vice president of the Recording Industry Association of America, who is based in Washington ... AllofMP3.com says on the site that it can legally sell to any user based in Russia and warns foreign users to verify the legality within their countries for themselves. The site features a wide selection of Russian music, but is written in English with prices listed in United States dollars."

70 of 419 comments (clear)

  1. I knew it was illegal! by Overzeetop · · Score: 4, Funny

    "The site features a wide selection of Russian music, but is written in English with prices listed in United States dollars"

    Goddamnit, how can we, as Americans, allow such a site to exist?!? Russian sites must be written in a native (or, at the most, european) language, and they'd better show prices in rubles. Well, I guess, euros would be okay as well, as long as they don't directly link to a currency conversions site.

    I'd like to call, once and for all, for all sites not located within the US (or, um, England) to stop putting up sites in English.

    --
    Is it just my observation, or are there way too many stupid people in the world?
    1. Re:I knew it was illegal! by Cyberax · · Score: 4, Informative
    2. Re:I knew it was illegal! by kfg · · Score: 2, Insightful

      How much time have you spent in Russia?

      None whatsoever. I've never been east of Prague myself, although half of my great grandparents emigrated from Minsk. Much more recently I had a Russian ex-ballerina living in my house for a couple of years. Nice girl. Legs to die for. She ended up prefering Florida to upstate NY.

      The average Russian speaks English about as well as the average American speaks Russian.

      Who said anything about average? Certainly not I.

      I'll ask this though: How many Russian pilots speak English?

      All of them.

      How many American pilots speak Russian?

      Very few.

      For good or ill English is the modern Lingua Franca. When a Russian encounters a second language in school it is most likely to be English and English is the most sought after language training sought out in adult education.

      In America the most common second language is Spanish. Even though I live only a few hours drive away from French Canada the most likely languages I'm going to encounter in my daily life are Spanish and Hindi, because despite the proximity of Cananda we have more people from South America (and Puerto Rico, and the Dominican Republic and. . .) here than from Canada.

      French, however, is the next most likely second language.

      Very few Americans seek to learn Russian, and usually only for some special purpose.

      I think you would find, if you looked into the matter, that the average Russian speaks English much, much better than the average American speaks French. They value their second language higher.

      When in Prague (and NYC, and Montreal, and my living room) I tend to converse with Russians (and Czechs) in English. They usually insist upon it for the practice.

      And a good many Americans who speak the majority tongue of the land these days have a good deal of trouble reading Dickens (Gibbon is right out), because they do not speak the language.

      English.

      KFG

    3. Re:I knew it was illegal! by ronanm · · Score: 5, Funny


      Hmmm. Too bad for Canada, Australia, New Zealand, Scotland and Northern Ireland (not technically part of England), the Republic of Ireland (definitely not part of England) and -- oh, let me see -- a good chunk of the Caribbean, no doubt a number of African countries ... I'm sure there are a whole bunch more I've left out ...


      Well you forgot Wales, but that's ok everyone else does too:
      Eurocrats leave Wales off EU map

    4. Re:I knew it was illegal! by MrAnnoyanceToYou · · Score: 2, Insightful

      America colonizes the world with media. Since we were in control of most major international media producers at the right point in history, and English is so easy to get a basic grasp of for so many different types of people, English will be the language of choice for international communication / interaction at least a century to come. Now, does that mean that the language is going to be appreciated by all the people that speak it? No. Does it mean that those people will be more highly skilled? No. It really means that there will be a higher base level of competency for English than any other language when people are even mildly interested in learning a second language. It's an invalid comparison to knock on Americans for not speaking Russian, unless you're talking to them after they've lived for years in Moscow.

      On the other hand, giving someone who is traveling at all a whole bunch of credit for learning the dominant language, the one that many the movies released in their country were originally filmed in, the one that many educated people in any country will speak.... Well, that's a little weird. But whatever. Language is like anything else - most people only learn it when they have a real benefit for it as well as exposure. There's a huge benefit to the average Russian in learning English, and it's easy (comparatively) to get a high level of exposure. To go the other direction is an incredible effort in comparison.

      That doesn't let idiots who can't form or comprehend a sentence off the hook though. Idiots will be idiots.

  2. if it seems too good to be true by yagu · · Score: 4, Insightful

    If it seems to good to be true, it probably is.

    Long ago as Napster faded into the sunset (in its old form, at least) a friend turned me onto allofmp3. Promised me it was only $.10 a track and the selection was amazing. I went there, I signed up, I think I even may have purchased a few tracks.

    But the more I looked at it, the more uneasy I felt about how legitimate it could be. This latest story confirms my hunch... they aren't. This other related article from Wired goes into further detail. Apparently allofmp3 is already offering downloads for the latest Red Hot Chili Peppers' as are tracks from the latest Shakira album (you can tell I'm from the vinyl age, still calling them "albums"). The prices are 1/10 the iTunes rates, and while the article doesn't say, it would seem allofmp3 has no contract or agreement to sell these tracks.

    (From the Wired article: "..., World music downloading leader iTunes charges a fixed 99 cents per song, but the Russian site offers tracks for a 10th of that price. Songs from the Red Hot Chili Peppers' new double album, Stadium Arcadium, cost between 10 and 16 cents. The whole of Oral Fixation, Vol. 2, the latest album by Colombian pop star Shakira, can be had for just $1.40...., ")

    I like what allofmp3 has tried to do, offer a vast array of music at much more reasonable prices than the rest of the world, but it does them, and the rest of us who would demand a more fair distribution model irreparable damage. The more "we" are labeled as criminals by our own actions, the more fodder for their argument. And, the more likely DRM becomes more onerous and intrusive and constraining.

    Also interesting is the focus of the article, the barrier for Russia to enter into the World Trade Organization. I couldn't care less about that aspect, it seems a big stick and out of proportion that Russia should bear... but that's political schtick. I think the even bigger issue is this has put allofmp3 on everybody's radar, which of course means the RIAA, Congress, progress (i.e., the opposite of congress), etc. And if allofmp3 is selling rogue mp3s, it's bad for the anti-DRM community.

    It's an eternal adage, and how true it always seems to be: "If it seems to good to be true, it probably is."

    1. Re:if it seems too good to be true by Kjella · · Score: 5, Informative

      The prices are 1/10 the iTunes rates, and while the article doesn't say, it would seem allofmp3 has no contract or agreement to sell these tracks.

      No, they have a compulsory license based on russian law. They pay a pittance to some collection agency and in return operate legally, not in violation of russian copyright law. Sure, the RIAA are getting their panties in a bunch and it's a pretty huge loophole, but currently it's not illegal. That's why they're changing the law this autumn.

      --
      Live today, because you never know what tomorrow brings
    2. Re:if it seems too good to be true by mkro · · Score: 4, Insightful
      I like what allofmp3 has tried to do, offer a vast array of music at much more reasonable prices than the rest of the world, but it does them, and the rest of us who would demand a more fair distribution model irreparable damage. The more "we" are labeled as criminals by our own actions, the more fodder for their argument. And, the more likely DRM becomes more onerous and intrusive and constraining.
      Okay, I'm having a bit of a problem with this one. People should stop buying this, show that we all are mature and responsible adults and get it from "their" sites, and then the restraints will slowly go away? How the hell is that going to happen? Isn't that like asking Rosa Parks to get to the back of the bus and behave so whitey can understand black people are civilized? In Norway homosexuality was forbidden by law until 1972. Activism and outright breaking the law changed it. If people had simply complied, nothing would have changed. Now, I don't want to offend anyone by saying this is more important than gay and black rights, but I think the analogy itself is valid.
      --
      I shall go and tell the indestructible man that someone plans to murder him.
    3. Re:if it seems too good to be true by TubeSteak · · Score: 5, Insightful
      AllofMP3 asserts its legality by citing a license issued by a collecting society, the Russian Multimedia and Internet Society.

      In most countries, the collecting societies that receive royalty payments for the sale or use of artistic works need reciprocal agreements with overseas copyright holders...

      According to Russia's 1993 copyright law, however, collecting societies are permitted to act on behalf of rights holders who have not authorized them to do so. Collecting societies have thus been set up to gather royalties for foreign copyright holders without their authorization...

      The result is that numerous organizations in Russia receive royalties for the use of foreign artistic works, but never pass on that money to the artists or music companies
      So, either the NY Times incorrectly summarized the way things work in Russia, or All of MP3 is doing nothing wrong & the RIAA should be going after the collecting societies.

      On a seperate rant: I guess the third possibility is that Russia's copyright laws are morally wrong and need to be changed. Hmmm... how could the RIAA & their Euro counterparts accomplish this?

      I know!!1 By inviting Russia to join the WTO!.

      For those of you who don't know, the WTO is like one big Westernized cluestick handcrafted by corporations w/the support of their (large) governments.

      The RIAA/MPAA/Software industry would love to get Russia into the WTO and Eastern European (former Soviet) Countries into the EU, later into the WTO. Once they accomplish that, they can use their handcrafted cluestick to beat the laws of those countries into a nice compliant & westernized form.

      Those untapped 'markets' can only be tapped if the legal, political and enforcement landscape is appropriate for the making of large quantities of money.
      --
      [Fuck Beta]
      o0t!
    4. Re:if it seems too good to be true by brianosaurus · · Score: 4, Interesting

      Reading you loud and clear!

      It is certainly not as important as civil rights. It is certainly not worth bankrupting families with ridiculous lawsuits. And its certainly not worth making the whole world bend over backwards to the whims of a few fatcats with an aging business model in a relatively small industry; compare the content industry to the technology industries that build devices for viewing/listening content, and they're a drop in the bucket. Its like a Flea barking orders at the dog.

      With all the real problems in the world, it pisses me TF off watching a bunch of greedy millionaires complaining that they aren't able to screw over their customers like in the old days, suing kids and old ladies, and somehow trying to argue that piracy is robbing them of "potential revenue" that is orders of magnitude more than the total revenue of the entire industry.

      Allofmp3.com is the best online music store. If they want to shut it down, all they need to do is bring up a "licensed" site with at least as big a selection, no DRM, and a fair price.

      Fuck the WTO. Fuck them right in the ear. The W stands for "World", not "America" (and it definitely does not stand for that misguided retard in Washington...).

      --
      blog
    5. Re:if it seems too good to be true by Anonymous Coward · · Score: 3, Insightful

      I don't really even see how this can be called a loophole.

      They're complying with all applicable laws. And yes, contrary to the fud, the artists do get a cut. At least the ones that bother registering with the Russian authorities in order to collect do. Which is, you know, the law there. So how is this a loophole?

      The RIAA doesn't like Russian copyright law, we understand that, but why should they think their opinion even matters here? The Russian Federation is a sovereign state, their laws are made by the Russian Duma, not the US House. If the RIAA want the Russian Federation to guarantee their lazy butts an income like the US House does, they'll have to start paying them bribes too. Why is this so hard for them to understand?

    6. Re:if it seems too good to be true by DrEldarion · · Score: 2, Insightful

      It's funny. People hate the RIAA because they take 99% of the money, and nearly nothing goes to the artist. However, when a quasi-legal site comes along that does the exact same thing, it's idolized.

      Gotta love hypocrisy!

    7. Re:if it seems too good to be true by shutdown+-p+now · · Score: 2, Informative
      If you need their contact info, you can look here.

      Me, I'm not the one arguing for anything short of abolition of copyright. But I can understand why people support allofmp3 and such websites, and it is really simple: they put a pressure on "legal" distribution channels to drop the price to more reasonable levels. Piracy is also good for the same reason. Morally, I don't have problem with either. Legally, allompf3 is okay. What else matters?

  3. Just as well by kimvette · · Score: 4, Insightful

    Russia is better off going isolationlist and not joining the WTO. Look at the mess we have here in America as an example. Our politicians have an incessent need to butt their noses in everyone else's business, despite the citizen base not wanting them to do so. We (meaning our government) has no right to tell other countries how to handle their business at all. Our influence should end at the border and tariffs, unless assistance is a) explicitly requested from others and b) supported/approved by citizens.

    Don't listen to the US. Show a backbone like so few other countries have and tell Duhbya to fuck off already. Don't cooperate with the current administration one iota; wait and see what the 2008 election brings. Hopefully the next administration will be far less corrupt.

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    1. Re:Just as well by Tweekster · · Score: 3, Funny

      the next administration being far less corrupt?

      you are adorable.

      --
      The phrase "more better" is acceptable English. suck it grammar Nazis
    2. Re:Just as well by Cyberax · · Score: 5, Insightful

      Why was the parent marked as a flaimbait?

      I live in Russia and I don't really want my country to join the WTO, and it's a very widespread attitude here. WTO imposes too much unpopular restrictions (for example, we'd have to raise internal prices on gas and petrol).

    3. Re:Just as well by billoday · · Score: 4, Insightful

      Seriously... I remember complaining about American IP laws and being told, "if you don't like it, move somewhere else." The US has already subverted most of Europe, Eastern Asia, and pretty much every other developed country (at least on the books). So where should I move?

    4. Re:Just as well by shutdown+-p+now · · Score: 5, Insightful

      Indeed, and the way Russian economy has been managed so far was by the Western recommendations. Especially in early 90s which brought the economy to what it is now.

  4. illegal... how so? by Slotty · · Score: 2, Funny
    Ahhhh the article says it operates through a loop hole in the law (russian law) against the spirit of the law is not breaking the law...

    unless it impacts on corporate America of course

  5. A one world corporate government by bigsexyjoe · · Score: 4, Insightful
    The WTO, the World Bank, and the IMF are much bigger threats to self-determination and national sovereignty than the U.N.

    Our copyright system is very peculiar, but very good for business so it will be imposed on the whole world.

    "It is totally unprecedented to have a pirate site operating so openly for so long," said Neil Turkewitz

    It is only piracy according to our intellectual property laws, which have very little philosophical or pragamtic basis.

  6. Re:Cannot legislate morals... by babbling · · Score: 2, Insightful

    Copyright infringement isn't theft. Anyone claiming it is automatically loses all credibility.

  7. Dear US citizen, by Anonymous Coward · · Score: 3, Insightful

    Who is running your country?

    1. Re:Dear US citizen, by iminplaya · · Score: 2, Funny

      Nobody really knows. Some British guy, I believe. The Americans think that they're actually independant. It's a very common misconception. And it sure is fun to see their reaction when the subject comes up.

      --
      What?
  8. Perfect fit. by Znork · · Score: 4, Insightful

    "The result is that numerous organizations in Russia receive royalties for the use of foreign artistic works, but never pass on that money to the artists"

    With the way a lot of the music industry works, it looks like they'll fit right in.

    "These collecting agencies are thieves and frauds because they accept money while pretending to represent artists", said Eric Baptiste

    Yeah, well, pot, meet kettle, you two will get along fine.

  9. communism by wwmedia · · Score: 4, Insightful

    this is a country where for 70 years everyting belonged to the public domain, this whole american copyright stuff is a bit alien

    anyways russians can always play the energy card, switch off gas to whole of europe and watch the shit hit the fan ;) by that stage WTO will be begging the russians to join

    1. Re:communism by HardCase · · Score: 2, Insightful

      anyways russians can always play the energy card, switch off gas to whole of europe and watch the shit hit the fan

      Yeah, and they could also cut off their noses to spite their faces. I don't think that allofmp3.com is going to replace the lost revenues of Russia's number one export.

  10. i have to say as russian by skyfi · · Score: 4, Interesting

    we use us dollars in a big amount of places. So it is just called as "Standart Unit" in price lists (mostly in internet and computer hardware shops), in russian (Uslovnaya Edinitsa). So about piracing mp3's, not to much people use such sites (mostly called bydlosites). There are a lot of free sources and home networks

  11. China by alfs+boner · · Score: 3, Interesting
    One way China is ahead of the game is their artists / music industry have given up on CD sales revenue. The artist makes money, or tries to, by selling concert tickets and with marketing tie-ins. In India bootlegs are available the day they are released. It won't come as much of a suprise to \.ers that, as the US moves toward this model, it is corporate profits and support staff who seem to be taking the heat / losing the livelyhood.

    As a career sideman, I feel no pain for the old industry passing (especially the lawyers), but the job of recording engineer is going the way of the hatmaker. Actually that analogy breaks down: The job of recording artist and recording engineer are being merged and will not pay very well. There used to be more work for painters, too.

    OT: There's a bigger issue here about labor and specialization - the best singer I've ever knew (hits in the 60s) was taking an occasional plumbing job in the 80s and wasn't bitter: The way he put it was: $30 an hour. This while commanding $2-$4k for 20 - 40 oldies shows a year. I didn't quit playing during the 90s net boom and still work a lot now. I also stay buzzword compliant - this year: AJAX(ugh) and psych-folk(cool).

    --
    Listen p*ssy. I'm sure your the same homo that posted earlier about alf's boner and you just want to remain anonymous fo
  12. Why RIAA cannot demand closing this site by zpodcaster · · Score: 4, Insightful

    Everybody's opionion is that all this site sells is pirated music from the US. This is wrong. This site sells completely legal Russian music and audio otherwise unavailable in the United States or Europe: to 10 to 30 million Russian diaspora abroad. The problem with RIAA demands is that they demand a closing of a completely legitimate resource for such content for all of us, Russian speakers forced to look at empty shelves of RIAA storefronts and desperate to find hits of Russian music. The model of selling songs by burning them on bulky things called DVDs or CDs is completely dead, when you look at it from the prospective of a Russian speaking teenager trying to find a Russian 2005-2006 hit in the stores owned by RIAA in the US. There are none. Typically this stores sells some junk from the last century, so the only place we can get that music is from the sites like allofmp3.com. Russian showbusiness is booming now: have you seen any Russian movie from 2005-2006 in the stores owned by MPAA/RIAA? If Hollywood can't make decent movies for the last 5 years, it doesn't mean it's like this everywhere in the world. So, to cut it short: no: Russian courts are right, ignore RIAA.

  13. Disturbing Trend by Mateo_LeFou · · Score: 2, Insightful

    **AA have obviously decided to go full speed ahead, push the envelope a bit. See if their interests can be made to trump even national sovereignty. I put it at 50/50 whether the "civilized world" will accept this.

    --
    My turnips listen for the soft cry of your love
  14. english&dollars by Keruo · · Score: 3, Interesting

    English is well understood in russia, atleast among computer literate people, and dollars are as valid currency there as rubie. Claiming that only reason www-page using english and dollars as currency and located outside uk/usa just to ease piracy is bad excuse.
    Russia has over 30 official languages, so maybe english(although its not one of official ones) is used just for compatibility reasons?
    Perhaps dollars are used just to ease the price comparison against iTunes et al?

    --
    There are no atheists when recovering from tape backup.
    1. Re:english&dollars by shutdown+-p+now · · Score: 2, Informative
      Dollars are used on Russian section of the website as well mainly to counter rampant inflation. But the common language within Russia, or, indeed, the whole territory of ex-USSR is still Russian, so English website is clearly targeting foreign customers.

      Not that I have a problem with it, either. Wonders of globalisation in action... =)

  15. Maybe the US... by abigsmurf · · Score: 5, Insightful

    Should stop imposing illegal tarrifs on goods from other countries before it starts making demands?

    1. Re:Maybe the US... by zippthorne · · Score: 3, Interesting

      But treaties are also an enumerated power of the combined executive/legislative branch, on equal footing with the constitution. WTO is a kind of treaty in the same way that NATO is. It just doesn't have the word "treaty" in the name.

      --
      Can you be Even More Awesome?!
  16. Allofmp3: Completely Legal and Licensed by zpodcaster · · Score: 3, Informative

    Is it legal to download music from AllOFMP3.com? The availability over the Internet of the ALLOFMP3.com materials is authorized by the license # LS-3?-05-03 of the Russian Multimedia and Internet Society (ROMS) and license # 006/3M-05 of the Rightholders Federation for Collective Copyright Management of Works Used Interactively (FAIR). In accordance to the licenses' terms MediaServices pays license fees for all materials downloaded from the site subject to the Law of the Russian Federation "On Copyright and Related Rights". All these materials are solely for personal use. Any further distribution, resale or broadcasting are prohibited. The works available from ALLOFMP3.com are protected by the Law of the Russian Federation "On Copyright and Related Rights" and are for personal use of a buyer. Commercial use of such material is prohibited. Recording, copying, distribution on any media is possible only upon special consent of a Rightholder. The user bears sole responsibility for any use and distribution of all materials received from AllOFMP3.com. This responsibility is dependent on the national legislation in each user's country of residence. The Administration of AllOFMP3.com does not possess information on the laws of each particular country and is not responsible for the actions of foreign users. http://music.allofmp3.com/help/help.shtml?help=on# top

  17. The only competition is in lossy formats by Overzeetop · · Score: 4, Insightful

    Let's take a look at a sample album (randomly picked - I'm not a DC fan):

    Dixie Chicks: Taking The Long Way
    #tracks: 14
    Cost to purchase in crappy/lossy 192kb MP3 or AAC: $1.87
    Cost to purchase in good lossy 320kB MP3 or AAC: $3.12
    Cost to purchase lossless (flac, in this case): $8.78

    Cost to purchase from Amazon, (lossless), with case, disc, and liner notes: $9.98

    The difference between lossless at AllofMP3 and buying a physical disc is very small. It's not much of a bargain, quite honestly, to get the product from AllofMP3. It would make sense that to get a digital copy of the album from a US supplier would be less expensive than the physical article. Except, for some reason, it isn't. Somehow, the degraded quality copies cost more than the physical version here in the US (I'm assuming that iTunes is still 99c/track, or $13.86 for the whole album). They should be noticably less expense. That's what we were told when CDs were more expensive than cassette tapes: the CD, although less expensive to produce, provides a higher quality sound and therefore commands a premium price.

    Once again, the RIAA seems to be paranoid that they might lose a stranglehold on the distribution system (i.e.: would have to compete).

    I'm not saying that AllofMP3 are totally innocent here - they are just as guilty of exploiting the system as, say, the oil companies are of exploiting the increase in demand for oil, or small business owners buying a $50,000 Ford King Ranch pickup truck and writing it off on their taxes.

    --
    Is it just my observation, or are there way too many stupid people in the world?
    1. Re:The only competition is in lossy formats by Zach978 · · Score: 2, Funny

      Good point, this will be usefull to the 4 Dixie Chick's fans who know what lossy audio encoding is....

      --

      "I told you a million times not to exaggerate!"
    2. Re:The only competition is in lossy formats by gblues · · Score: 2, Funny
      Cost to purchase in crappy/lossy 192kb MP3 or AAC: $1.87
      Cost to purchase in good lossy 320kB MP3 or AAC: $3.12
      Cost to purchase lossless (flac, in this case): $8.78

      Saving money and avoiding potential DRM rootkits from an innocuous-looking CD from harming your PC? Priceless.

      Nathan

  18. For the record by Anonymous Coward · · Score: 2, Insightful

    The site features a wide selection of Russian music, but is written in English with prices listed in United States dollars."

    That's a bit misleading. The truth is it has both a Russian and English language option. First time users are able to select the langauge of their choice.

    I'll be one of the first to admit that I buy songs from allofmp3.com. So far I've loaded my account with 10 dollars twice, and have maybe a couple bucks of that left. I have, from time to time, actually downloaded some of the Russian songs (I find MC Vspyshkin to be rather funny and I can't even understand a word he says, it just popped up as a recommended 'similar artist' one day). But, primarily, I download music that that otherwise would be considered piracy.

    Why do I do it? Simple. The alternatives suck. Itunes has come a long way, I'll admit, but I do not want DRM on my music. I do not want restrictions on how and where I can listen to my music for which I've spent perfectly good money. Allofmp3.com not only offers mp3, which unlike itunes songs is practically universal, as well as a wide-range of other formats including *lossless* formats.

    When the music industry wisens up and offers a real alternative, a low-priced non-drm way for people to buy music off the internet, then I will switch over. But as long as they keep trying to fight the market and refuse to give the market what it wants, they will never see another one of my consumer dollars. It's called capitalism and the easiest way to put the pirates out of business is to offer a legal alternative. It's ridiculous and anti-capitalist to refuse to sell the product I want to buy then to cry foul when I find someone who will sell it to me.

  19. Re:Cannot legislate morals... by EvilFrog · · Score: 3, Insightful

    Stop being pedantic. You know what they meant. Semantic nonsense over what is and isn't theft doesn't change the argument, just the verbage. Take every instance of "theft" and replace it with "copyright infringement" and the arguments will all be the same.

    Besides, "theft" is a fairly wide definition that applies to more than just larceny. In US the theft of services is indeed considered theft and charged as larceny. If something as non-tangible as services can be stolen, surely the definition can extend to intellectual property such as music.

    I've copied plenty of music, and my doing so has led me to the legitimate purchase of lots of music I would have never otherwise. Overall I'd say that the free distribution of music in many ways helps the artist more than it hinders. That does not however, change the laws. Copyright infringement is still illegal, whether it's theft or not. The whole "copyright infringement isn't theft" thing seems to be a crutch of an argument people fall on to ignore the issue.

  20. Wow by nicklott · · Score: 4, Insightful

    The RIAA is now influencing US foreign policy! Scary country...

    1. Re:Wow by Strangefolker · · Score: 2, Insightful

      Agreed. A US special interest group having any sway over foreign policy is scarey as hell. It's also self-defeating. If Russia joined the WTO the WTO may have jurisdiction to say "these areas of these buisness' are acting in an illegal or non-competetive way" and could do something about it. That's the spirit of these type of groups. Human rights is a valid reason for not allowing someone to join something that would benefit all involved, but to not allow a country as large as Russia because of a small (globally) company that operates within it's borders selling music is silly at best and idiotic at worst. What happened to politics.

  21. the answer is north of michigan. by plasmacutter · · Score: 2, Informative

    I remember reading a website published by the canadian authorities detailing their conclusions regarding the DMCA and the filesharing debate in general.

    It is highly unlikely they will adopt such laws for the forseeable future, as this website basically said "yeah we know theyre lying their asses off"

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  22. Re:Cannot legislate morals... by babbling · · Score: 4, Insightful

    It's not a crutch to ignore the issue, it is a clarification of what we are discussing. There are important differences between copyright infringement and theft. There are entirely separate laws dealing with each of them. In sensible countries, one (copyright infringement) is a civil offence, and the other (theft) is a criminal offence. You cannot seriously claim that they are the same thing without dismissing a whole slew of important differences.

    You stated that you have copied music before. Does that mean that you consider yourself a thief? Is the only thing that is stopping you from robbing stores the increased risk of being caught?

  23. Lets get it over with already! by QCompson · · Score: 2, Funny

    Wouldn't the world be a safer place, for wage-slave citizens and mega-corporations alike, if the U.S. just attacked the every other country and created one global government? Then we wouldn't have to worry about the difficulty of enforcing U.S. law in foreign countries. There would be no foreign countries! Problem solved! I nominate G.W. as our first global dictator, er... I mean first elected president of the United Countries of Freedom-World!

  24. World Police at it again by BestNicksRTaken · · Score: 4, Interesting

    "American trade negotiators may demand the shutdown of AllofMP3.com as a condition of Russia joining the World Trade Organization"

    WHAT THE F**K?!

    I think America is getting too big for its boots lately, I won't mention Iraq, but they basically told the Swedes to shut down The Pirate Bay and now they think they can blackmail Russia too - and over such an important thing as the WTO?

    OK then America, you shut down Microsoft or we'll kick you out of the UN.

    --
    #include <sig.h>
  25. Priorities? by vertinox · · Score: 2, Insightful

    I dunno... You'd think if they would deny Russia entry to the WTO... It would be... I duno... Say... Their support of Iran's nuclear program and their threat to veto any resolution against them?

    Although, maybe pirated MP3s are much more of an existensial threat than nuclear weapons.

    --
    "I am the king of the Romans, and am superior to rules of grammar!"
    -Sigismund, Holy Roman Emperor (1368-1437)
  26. No it would not be the same. by plasmacutter · · Score: 4, Insightful

    Why not just replace the word republican with "nazi", democrat with "commie", "homosexual" with "fag", white with "racist", or black with "nigger" too. oh yeah, that is unacceptbile.. how hyppocritical.

    what they meant was to slander the idea of fair use and imply that it is immoral to do what the AHRA allows us to do in copying music with home recording devices and handing the tape off to friends. Just because it involves silicon and wires instead of dual cassette decks and magnetized ribbons doen't make it any different.

    They continue to use this term to slander and demonize vast swaths of innocent people and innocent actions in their greedy pursuit of control, and do not have a right to use such slanderous language.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  27. I Disagree by Famatra · · Score: 4, Insightful

    "Take every instance of "theft" and replace it with "copyright infringement" and the arguments will all be the same."

    Um, no. Depriving someone of their property seems very immoral, copying information not so much. In fact I argue that using the government force to prop up the business model that is scarcity of information is the behaviour that is immoral - unless you (anyone) have an arguement justifying the morality of using that force.

    "Copyright infringement is still illegal, whether it's theft or not."

    Yes, an since when is legality equilivant to morality? Since you bring legality up, I remind everyone that the copyright act could be repealed tommrow. Suddenly what was immoral yesterday would be totally ok today?

    "The whole 'copyright infringement isn't theft' thing seems to be a crutch of an argument people fall on to ignore the issue."

    Not so much as a crutch as they are very different things. As I said above, I think the concept of copyright (i.e. using government to enforce a scarsity of information business model) is itself of dubious morality when applied to individuals (which is a recent phenomenon). I have near nil hesitation over copying information, i have large hestitation over taking or depriving someone of their property - that is the difference and it is huge.

    1. Re:I Disagree by Al+Dimond · · Score: 2, Insightful

      I think most people would agree that the morality of both actions is conditional. Most people say that depriving someone of property is immoral. However, if someone is on a busy street going on a shooting rampage, depriving that person of his weapons (and perhaps even of his life) would be generally considered moral. Some really hardcore property rights-ers might say not even this is not moral and some communists might argue that depriving people of any concept of property is perfectly moral. There is a similar range of views on copyright: dada21 and his anarcho-capitalist posse think copying information is always OK and those that believe in the concept of "intellectual property" (the idea that ideas are property) might believe that the expiration of copyright terms is an act of violent force by the government.

      There are some real differences between information and tangible objects, however. The big one is that information can be reproduced; in the case of digital representations of informtion it can even be exactly reproduced (copied). In most cases (with some exceptions) people that depend on physical goods depend on the fact that they have them. Copyright owners, on the other hand, generally exploit the fact that others cannot have copies of the works (with some exceptions, and I don't mean "exploit" as a loaded term). This idea of depending on others not having something as a basis for earning income to use to survive is a much newer one, and not quite as universally accepted. I also will state without giving much evidence that there are many more cases where copying information either (a) is encouraged by the information's creator or (b) does no harm whatsoever to the creator, even in the form of lost royalties/wages.

      I don't think you can make the argument that copying information and depriving someone of property are equally moral, since the morality depends on many factors of the copying/deprivation that don't have analogues with respect to the other action. The only exception would be if you take a hard line and say that either action is always moral or immoral.

    2. Re:I Disagree by Thing+1 · · Score: 2, Insightful
      And, to your government, both of those activities are not equally immoral.

      Steal a CD, get a small fine and perhaps a short jail stay. A recent copyright bill suggests 10 year prison terms for attempting to download a movie (i.e., not even fully committing the crime!).

      Someone on Digg suggested murdering the person who is about to turn you in for copyright violation, as that only carries a 5 year prison sentence.

      Back in merry old England, pickpockets were put to death if convicted. This only served to turn them into murdering pickpockets, as they were less likely to be identified.

      --
      I feel fantastic, and I'm still alive.
  28. Is It Or Isn't It? by itmfsshasl · · Score: 4, Insightful

    I have seen a few of these stories and NOWHERE in any of them are there any statements from any controlling legal authorities; just a bunch of FUD from the RIAA and it's cronies. Is it or isn't it legal? No one seems to know and if they do, they aren't saying. It does seem pretty cut and dried as to whether or not it is legal there. I have used it and plan on using it again.

    The arguement that it is illegal or should be illegal because the Russian equivalent of the RIAA is NOT paying the artists does not make me a bad person for buying their products. If they aren't paying them...and nobody has produced any evidence that that have or have not...how does this make me in the wrong? I have no idea whether any store I have ever been too has justly compensated everyone back up the supply chain adequately if at all. If my job description is to include researching these things then the RIAA owes me a fortune for doing their work; and you had better believe I charge a fortune for my services.

    Let's look at it from a different perspective. Shopping at this place is like going to the mall. It is out in the open. It operates like every other store in the mall. It has been there for several years. AND!...it even provides what looks to be like pretty legitimate documentation allowing it to be open. If I go down the causeway and eat at a restaurant that has done the same thing but has forged it's business license...is that something I should be taken to jail for? If I go into a clothing store and buy a couple of shirts and a pair of jeans...only to find out later that they are counterfeits, should I go to jail or be fined exhorbitant amounts? Here is another funny perspective on this. Over the years more and more companies have been offshoring..why? It is cheaper...not a little bit but bunches and bunches cheaper. We are told time and time again that it is WISE to patronize these other nations as they have a superior product to offer. In this case of MP3's, they are 100% correct. So what is the problem here? It would seem that they need to better police the Russian RIAA there.

    Remember the time about 2 years ago when Chevy didn't pay the steelworkers for making the screws that hold radios in place in their cars and everybody who bought a car from Chevy between the dates of January and June of that year went to jail? Neither do I. Do you remember last year when the American cattle farmers didn't pay for the corn in the cows feed and everybody who bought beef last year had to pay a $25,000.00 fine? I don't either.

    Now, if the site is legal, if I were the guy, guys, gal, or gals running this site I would sue the RIAA in court till they bled. Since the only thing it seems to understand is lawsuits...I would sue them, the people in it, any supporters of the RIAA and any others I may have forgotte right out of existence. The RIAA would become the multimedia version of SCO. A small little shadow of it's former self.

    They, the RIAA, are screaming for this site to be shutdown. It is still up. I imagine it is legal and THAT is the whole problem here as far as they are concerned.

  29. Re:desirable scenario by feijai · · Score: 2, Interesting
    In that way, Russia is far behind the US. Here in the states, business has purchased legilation so that their activites are no longer criminal. Don't worry, you'll catch up soon enough.
    This degree of agitprop is so deceitful that it rises above the regular level of BS and does real damage to the conversation. It has to be stopped. Lobbying included, the US's level of graft, legal or illegal is not even remotely as massive as the graft in Russia, China, and most third-world countries. Russia is a true kleptocracy, where oligarchs fall in and out of favor. In China approximately half of the cost of building construction goes to bribery. You have no idea what the hell you're talking about.
  30. Re:mod parent up by Jeff+DeMaagd · · Score: 2, Interesting

    I don't see how oppression helps fight oppression. By not giving musicians their due, both the RIAA and AllOfMP3 are harming the musician's ability to use their skills as they see fit, especially if they see fit to make a career of it. I'm not the person to say that musicians should give their music away for free or at subsistence pricing. I wouldn't want someone taking my work and giving it away for free or a pittance unless I was getting properly paid for it and I don't see that happening.

    And no, I am not a musician or in the audio field whatsoever.

  31. Re:Where does the $.99 of itunes song go? by freedom_india · · Score: 2, Insightful
    Its like saying your local municipal water supplies saying, hey if you don't like my water, go elsewhere.

    RIAA is a monopoly and should be broken up as such.

    Why is it illegal for American Car manufacturers to combine together to conduct shared research, while it is legal for Music morons to combine together to sue a 90 yrs old grandma?

    --
    "Doing what i can, with what i have." ~ Burt Gummer
  32. MADNESS!! by Anonymous Coward · · Score: 5, Interesting

    So wait - selling Cold War NBC leftovers doesn't even muster a UN slap on the wrist, but pirating trivial pop culture content is a showstopper?

    Please explain to me how it is a recording industry group concerned about its monopoly could hold up a former world superpower, a nation of significant landmass, natural resources, goods, services and consumers, from joining the World Trade Organization?

    While the WTO itself is a seperate subject of discussion, what part of reality did world leaders abandon to put such significance on any one single market as to exclude an entire nation's industry?

    What a supereme coup these guys and their ilk have pulled off - the world now cow-tow to the notion owning and controlling ideas, instead of not just preserving and protecting, but fostering the creation of new ones. How shameful, and how disappointing, I see so little concern for this insane set of priorities.

    Sorry for the bad spelling and words - I only started learning English 3-4 years ago. Ironically I started to learn so I could come to America, after reading my country man Alexis de Tocqueville and listening to my Dad's old college stories of how independant and voiceful Americans where - so why have not Americans been the first country to say no to what is clearly short sighted greed?

    1. Re:MADNESS!! by RLiegh · · Score: 2, Funny

      We're getting around to it; right after The Apprentice and Survivor is over, oh wait, then there's Big Brother isn't there?

      Well, shit; we're getting around to it, ok? maybe we can work a little during the commerical breaks.

      He, that little gecko sure cracks me up...

  33. Re:I knew it was illegal! WTO let china in by Zeio · · Score: 5, Insightful

    This is egregious. Think about this. China belongs to the WTO. They use slave labor, actively kill and imprison union organizers. They allow massive pollution. They built the environmental holocaust the three gorges dam which now clogs itself with Yangtze river silt. They ban its citizens from owning firearms and use the military and as a police force. They use Yahoo and Google and Cisco technology, services and infrastructure to imprison and execute political dissidents. China executes over 10,000 people a year in an undocumented fashion with a maximum of two appeals.

    China can barely call itself anything but a state holding its people hostage with fear and brainwashing. Recently someone in China who was being interviews by Nova or front line was shown a picture of "Tank Man" from Tiananmen square and they DIDN'T EVEN KNOW WHAT THE IMAGE WAS OF! Maximum censorship OR total fear of even admitting that something against the government ever even happened. This was 4 students in the interview either feigning not knowing what "Tank Man" is or genuinely not knowing about the incident.

    Russia who has valuable oil resources and a more European disposition and a moratorium on the death penalty sells a few MP3s in accordance with their local laws - something the pricks at Google (Schmidt) and Yahoo (Terry "Terrorist" Semel) say makes their anti-Chinese citizen policies in assisting the totalitarian authoritarian government with their persecution - and they cant join the WTO.

    WHAT A JOKE. This is a total sick joke.

    --
    Legalize the constitution. Think for yourself question authority.
  34. And this is what I'm talking about. by Belial6 · · Score: 5, Insightful

    This is what I'm talking about. The "IP" nutcases throw accusations and threats at anyone who isn't also a nutcase. They see 'Pirates' and 'Theives' behind every tree. I simply point out that AllOfMP3.com (to the best of my knowledge) is a legal business, and that calling them theives is liable. What happens? I get accused of commiting a crime, and a threat that I will end up in jail is made.

    Given that I have never purchased anything from AllOfMP3.com, I certainly have not broken any copyright, and I certainly will not go to jail for it. (Well... given the current political climate, the lack of commiting a crime is no guarantee of not going to jail for copyright violation.) But, somehow the "IP" zelots seem to think that recognizing Russia as a soveriegn nation makes you a criminal.

    Seriously, until the "IP" folks can start to carry on conversations without seeing the boogie man around every corner, they cannot be taken seriously.

  35. That's not a different site by Arker · · Score: 3, Informative

    That's the same site, you're just instructing it to quit autodetecting your language preferences and use Russian.

    You get the same thing from the beginning if your browser indicates it's in russian.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  36. Re:I knew it was illegal! WTO let china in by poena.dare · · Score: 3, Interesting

    Yeah, I'm having trouble understanding why this is so "scandalous."

    The WTO has already warned the US about outlawing online gambling, but congress is prepared to do just that. You think the WTO is going to kick the US out? I doubt it.

    I guess it's just another NYT jourmammal being sensational. Nothing new here, move along.

  37. Re:Cannot legislate morals... by servognome · · Score: 2, Insightful

    In economics, things have value because they are scarse. Bits are not scarse.

    Original bits are scarce. The problem is there is no good economic method yet to reconcile high costs to create with low cost to reproduce.

    So the RIAA puts special limitations to make it scarse.

    No the government elected by the people makes special limitations to create artificial scarcity of reproductions. You can say the politicians are in the pocketbook of the RIAA, but that is more a reflection of an apathetic voting populace who only cares about which politician is on TV most (if they even vote at all).

    This artificially raises the prices, and as anyone who has taken a basic economics course, is not efficient. ANY artificial restriction to a market makes it less efficient than free trade. So yes, copyright is an anti free trade aberration.

    Yes, it does artifically raise prices, which at the same time artificially raises the number of suppliers. There is a positive effect on society to have more inventors, musicians, authors, moviemakers. Not saying that currently things are balanced (copyright has been extended too long, limitations of fair use, etc), but I don't agree that copyright is completely bad for society.

    Talent on the other hand IS scarse, but that's hardly the issue here.

    I never understood this. If music protected by the RIAA sucks, why do you care if you can get free access to it?

    --
    D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
  38. Re:I knew it was illegal! WTO let china in by nihaopaul · · Score: 2

    i'm with you on this one, russia should `pull a china` block access to aomp3 for people outside of russia untill they get into the WTO then open it back up again, that my friends is called `pulling a china` or `to pull a china` is to make policies and never inforce them, like the piracy one in china... plenty of `dvd street vendors` and `whore houses` and `everyone is still ripping everything off` in shanghai.

    oh sh!t they are at my door.....*(bang)* - brains over the floor

  39. Re:Cannot legislate morals... by cliffski · · Score: 3, Insightful

    The economics surey dictate that everyone should pay for what they consume. By this system we encourage artists to produce content that people like. If the people who make content arent paid, even if they are wildly popular, then the market cannot react to demand. Thats not good news. I'm glad Half Life 2 made money, that sends a signal to game makers that this is what gamers want.
    If we had been able to download high quality DRM-free copies of the first ever series of star trek, and none of us had paid a penny for them, then the show would have made a huge loss. No series II, no Next Gen, No Voyager. Apply this to whatever music / movie / book you really like.

    DRM sucks, but people enjoying content they dont pay for also sucks. In a capitalist system, its the payment in dollars from the consumer to the producer that enables the market to function. Take that away and the system will mean no more production.

    Until now, its been academic, because with physical goods, free-riding wasnt possible. Now we live in an age where it IS possible for people not to pay for what they consume in some industries. There has to be a solution. I think DRM is a crap solution, but unfortunately I can't think of a better one that actually works, and removes the free-rider problem.

    --
    DRM-free indie games for the PC and Mac: Positech Games
  40. Re:I knew it was illegal! WTO let china in by Jugalator · · Score: 5, Insightful

    This is egregious. Think about this. China belongs to the WTO. They use slave labor, actively kill and imprison union organizers. They allow massive pollution. They built the environmental holocaust the three gorges dam which now clogs itself with Yangtze river silt. They ban its citizens from owning firearms and use the military and as a police force.

    But how many dollars do US lose on these activities?

    This is about the World Trade Organization -- making money.

    --
    Beware: In C++, your friends can see your privates!
  41. Re:Cannot legislate morals... by malraid · · Score: 2, Interesting

    Original bits are scarce. The problem is there is no good economic method yet to reconcile high costs to create with low cost to reproduce. That cost is now cheaper than ever. The thing is that it's now possible to create a professional sounding CD very cheap. Equipment is cheap, the software is cheap. This is specially true for electronic music. The companies behind the RIAA held the funds to enable artists to create music which otherwise they couldn't. Now they can. What's left? Control of the distribution channels. And they're fighting to their last breath to keep them. Artist make little money from CDs (unless it's a huge seller). They make much more on tours and with merchandise. There's a way to pay back to the artist. Look at iTunes. Why does the RIAA want different prices? To keep the control of the distribution channel, and therefore keep control of the artist. the government elected by the people We can narrow it down even more to the US Government. The US has pushed for more and more global copyright. And for longer and longer terms. And for less and less importance to public domain. a reflection of an apathetic voting populace who only cares about which politician is on TV most (if they even vote at all). That's a different problem. I did vote on my last chance (not in the US, but my in Costa Rica). I voted for the Libertarian Party. We lost the the presidential race ending up third but got 6 senators elected (out of a total of 47). The US democracy has huge problems, but that's another topic. I don't agree that copyright is completely bad for society Neither do I. It's a noble idea. Just like Marxism. But taken to extremes it gets to what we have now. Do any DRM system revert to unDRM once copyright exprires and the work goes into public domain ? No. Are any courts interested in hearing about it? No, since it'll probably get extended to "forever less one day" as Jack Valenti wants. artificially raises the number of suppliers That's good, but the RIAA group still controls airways, retail distribution channels, and they want to control Internet distribution channels as well. To put up a larger barrier of entry, to keep new players out. They were just trying to regulate podcasts. So I'm not sure that the number of suppliers is going up as fast as it could/should. Talent on the other hand IS scarse, but that's hardly the issue here. What I mean here is that there are fewer people that can create "original" bits compared to those that can duplicate existing ones. I don't mean that RIAA protected music sucks. I'm willing to pay for music, in the past month I've bought to CDs. One I had already downloaded, but I went and bought it any way ("Clone your lover" by Zeromancer) The other one was the new Tool CD, basically the only band that I blindly buy CDs from nowadays.

    --
    please excuse my apathy
  42. Re:I knew it was illegal! WTO let china in by snuf23 · · Score: 5, Insightful

    I'm sorry sir you seen to have an improper understanding of value in current American culture. Let me illustrate:

    value of song copyright > value of human life

    Now is it clear?

    --
    Sometimes my arms bend back.
  43. Re:Where does the $.99 of itunes song go? by senatorpjt · · Score: 2, Funny

    Yeah, but if you stop paying full price, Jimi Hendrix will stop producing albums!

  44. Re:I knew it was illegal! WTO let china in by Atario · · Score: 4, Informative
    value of song copyright > value of human life
    This is just a special case of the real formula:
    (value of corporate profits) > (value of human life)
    --
    "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
  45. Dear non-US citizen, by alexo · · Score: 2, Funny


    > Dear US citizen,
    > Who is running your country?


    The same entities that will soon be running yours.