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RIAA Goes for the Max Against AllofMP3

Spad writes "Zeropaid is reporting that as part of its ongoing lawsuit, the RIAA will be seeking the maximum of $150,000 per song for each of the 11 million MP3s downloaded from the Russian AllofMP3.com between June and October last year. This amounts to roughly $1.65 trillion, probably a tad more than AllofMP3 has made in its lifetime. A representative of AllofMP3 stated: 'AllofMP3 understands that several U.S. record label companies filed a lawsuit against Media Services in New York. This suit is unjustified as AllofMP3 does not operate in New York. Certainly the labels are free to file any suit they wish, despite knowing full well that AllofMP3 operates legally in Russia. In the mean time, AllofMP3 plans to continue to operate legally and comply with all Russian laws.'"

777 comments

  1. Hmm? by b0lt · · Score: 5, Funny

    Why sue for a trillion, when you can sue for... a million?

    --
    got sig?
    1. Re:Hmm? by Teresita · · Score: 5, Funny

      What RIAA's lawyers didn't tell them is that they get a 5% advance against the future $1.65 trillion judgment, payable in advance and non-refundable.

    2. Re:Hmm? by Rosco+P.+Coltrane · · Score: 5, Funny

      Why sue for a trillion, when you can sue for... a million?

      Because a trillion rubles is roughly 10 bucks.

      --
      "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    3. Re:Hmm? by mikkelm · · Score: 4, Insightful

      If current trends continue, it's more likely to be a result of the prospect of a trillion dollars being roughly 10 rubles.

    4. Re:Hmm? by Anonymous Coward · · Score: 4, Informative

      Not sure why you got moded down.

      Dollar's been falling steadily against rouble for the last four (4) years and currently is at the lowest level in seven years:

      $1 = 26.28

    5. Re:Hmm? by robyannetta · · Score: 5, Funny

      Maybe we should demand Verizon to make the conversion. The RIAA would get $0.02 out of it.

      --
      - Just my $0.02, take with a grain of salt, your mileage may vary.
    6. Re:Hmm? by Anonymous Coward · · Score: 0

      Polonium 213 anyone?

    7. Re:Hmm? by FooAtWFU · · Score: 2, Informative
      If current trends continue, it's more likely to be a result of the prospect of a trillion dollars being roughly 10 rubles.
      Anything can happen "if current trends continue" forever. Are they likely to continue? If so, for how long? Well... You need the number on this graph to hit 100,000,000 for a trillion dollars to be 10 rubles. Right now it's .03801. So, is the dollar down against the ruble? Sure, but its plight is nothing like the ruble's.

      In 1921, they had rubles - just, plain, rubles. But there was terrible inflation, and in 1922, they gave 1 "new" ruble for 10,000 of the original rubles. In 1923, they gave out another "new" ruble, at a rate of 100 to 1. In 1924, they had yet another ruble, the "gold" ruble, which was worth 50,000 of the 1923 rubles -- or, if I'm running this calculation right, 50,000,000,000 (50 billion) of the original Rubles for the new rubles.

      There were two later revaluations at a 10:1 ratio, in 1947 and 1961, but nothing quite so impressive as 50 billion times in just three years. And the dollar is at little risk of that, in any event; the Federal Reserve isn't quite so loose with our currency.

      --
      The World Wide Web is dying. Soon, we shall have only the Internet.
    8. Re:Hmm? by SpacePunk · · Score: 1

      Maybe they couldn't spell "A million bazillion" correctly.

    9. Re:Hmm? by CommunistHamster · · Score: 5, Funny

      Those are my two cents!

    10. Re:Hmm? by Lance_Denmark · · Score: 2

      Alright, don't get your American knickers in a twist, I am sure it was a tongue in cheek comment based loosely around current events as opposed to a prediction of the future.

    11. Re:Hmm? by TheJorge · · Score: 4, Insightful

      Anything can happen "if current trends continue" forever.

      Not to pick nits, but if in fact current trends do continue, exactly one thing can happen, that which current trends point to. Anything can happen if current trends don't continue, which if you look at enough trends, is always the case.
    12. Re:Hmm? by Shads · · Score: 4, Informative

      They're suing them for... 1.65 TRILLION dollars. Last I checked the GDP (Gross Domestic Product) for the ENTIRE country was about 750 BILLION dollars. Now this is where it even gets better... this only includes the songs from June to October 2006. They're charging $150,000 per song. If they had applied those numbers since the inception of AllofMp3.com which according to a quick whois lookup of the site name, is June of 2000... using the same numbers of sales each month as they have for the time period of J-O then they'd owe roughly the GDP of the entire world. What a joke.

      --
      Shadus
    13. Re:Hmm? by mrchaotica · · Score: 4, Funny

      Yeah, but Verizon would claim it was only supposed to be 0.02 cents!

      --

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

    14. Re:Hmm? by sokoban · · Score: 3, Funny


      Because a trillion rubles is roughly 10 bucks.
        Or 37.9 billion U.S. dollars.

      But yeah, that's close enough for government work.
      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 is the magic number.
    15. Re:Hmm? by stunt_penguin · · Score: 1

      I can see the RIAA meetings now :

      Lawyer: "We've got this plan!"
      Execs: "What is it this time"
      Lawyer : "Well, we'll take the Russians for more than " (sticks pinkie in mouth) "a thousand million dollars!"
      Execs: "GENIUS, tell us, what is the name of this plan?"
      Lawyer: "The Alan Parsons Project"
      Execs: "Don't we represent them?"
      Lawyer: "No, but you think you do"

      --
      When the posters fear their moderators, there is tyranny; when the moderators fears the posters, there is liberty.
    16. Re:Hmm? by Jah-Wren+Ryel · · Score: 1

      They're charging $150,000 per song. If they had applied those numbers since the inception of AllofMp3.com which according to a quick whois lookup of the site name, is June of 2000... using the same numbers of sales each month as they have for the time period of J-O then they'd owe roughly the GDP of the entire world. What a joke.

      What are you, some kind of commie? How do you expect those hard-working record execs to send their kids to college and buy enough blow to keep their hookers happy?

      --
      When information is power, privacy is freedom.
    17. Re:Hmm? by Anonymous Coward · · Score: 0
      What RIAA's lawyers didn't tell them

      For the record, outside the support personnel all the RIAA employees are pretty much lawyers. They are basically an industry law firm.

    18. Re:Hmm? by timeOday · · Score: 2, Interesting
      Kinda makes you wonder why we bothered with the whole Cold War thing, doesn't it? We should have just sued them for copyright infringement and got a lien on the whole country. In Soviet Russia all their bases are belong to us, or whatever. Why conquer when you can simply write a check?

      Then again I guess China beat us to the punch, only we're on the wrong end of it. Perhaps can assign our judgement against Russia over to China and they'll sign over the deed on America back to us? "China currently holds over $1 trillion in dollar denominated assets". Coincidence? I think not.

    19. Re:Hmm? by binkzz · · Score: 2, Funny

      Lawyers: Sir, strictly speaking, a thousand million dollars will not go very far these days.
      Execs: Really? Okay then... we will sue for 1... thousand... BILLION dollars!

      --
      'For we walk by faith, not by sight.' II Corinthians 5:7
    20. Re:Hmm? by Kjella · · Score: 4, Funny

      Since the GDP of the world is growing with a few percent every year, you can approximate the sum with a geometric sequence. I remember quite a while back I calculated that if you took the RIAA estimated total piracy numbers, multiplied by max damages then you got a figure greater than all value created since the dawn of mankind. They should just sue the world and demand earth be turned over to them in damages (and no, I would not welcome our new RIAA overlords).

      --
      Live today, because you never know what tomorrow brings
    21. Re:Hmm? by severdia · · Score: 1

      It's a misspelling [sic]... they meant a "thrillin' "...Because the RIAA needs 'em wherever they can get 'em...

    22. Re:Hmm? by ari+wins · · Score: 1

      Right? We threaten trade sanctions if they don't bow to the RIAA, they respond with doubling natural gas exports to most of Europe. Who do you think should back down first?

      --
      Don't worry if you're a kleptomaniac, you can always take something for it.
    23. Re:Hmm? by Zaatxe · · Score: 1

      Why not to give RIAA a trillion rubbles at once? Oh, it's "rubles" with only one B... my bad!

      --
      So say we all
    24. Re:Hmm? by Anonymous Coward · · Score: 0

      China holds over $1 trillion?

      So, what exactly is the problem here then? Perhaps you are not aware that the national debt is not like personal dept; nobody is going to come and reposess your house, take away your stuff, or throw you in the debtors prison, you know. Not with us having the best military and the nukes.

      Despite what you may think, the Chinese are now AT OUR MERCY! We got $1 trillion worth of stuff out of them for free. And if we don't pay (or print an extra $1 trillion to "pay" them) what can they do?

    25. Re:Hmm? by LoverOfJoy · · Score: 2, Funny
      And if we don't pay (or print an extra $1 trillion to "pay" them) what can they do?
      Umm...stop making us stuff?
    26. Re:Hmm? by avdp · · Score: 1

      This dollar has been falling in general (not just against the rouble that is). So much so that many countries are now considering selling off some of their dollar reserves, and considering "diversifying" in other currency (the Euro primarily). Not being an economist I am not sure what effect a sell off would have, but I imagine it can't be too good.

    27. Re:Hmm? by Brummund · · Score: 2, Interesting

      Is it really true that Al Jazeera is blocked in the US? Any sources to backup that claim?

    28. Re:Hmm? by portforward · · Score: 1

      OK dude, you have to be more specific. What is the government blocking? I just went to the Al Jazeera english and arabic sites and they are working fine.

    29. Re:Hmm? by crashelite · · Score: 1

      but look at the bright side if they pay that then they can stay open(pay the RIAA over 30 years making minimum payments) and keep selling songs online dew to double jeopardy... but last time i checked it doesn't cost the RIAA that much to record 1 song. my friend just went to a recording studio and only paid 1.5k for 40 hours and recorded a 12 track cd. then again him and his band write their own music unlike most bands.

      --
      (yes i know i suck at spelling fell free to correct my grammar and/or spellin i dont care, im still not going to change
    30. Re:Hmm? by norfolkboy · · Score: 1

      I'd be surprised. They have a studio in Washington.

    31. Re:Hmm? by QMO · · Score: 1

      If they stop making stuff, the companies that currently use China for manufacturing would go somewhere else. There are plenty of people in Mexico, India, Africa, etc. that would be willing to have those jobs.

      --
      Exam 4/C again. Maybe I'll do better this time.
    32. Re:Hmm? by partenon · · Score: 1

      What is "working fine" to you? ;-)

      --
      ilex paraguariensis for all
    33. Re:Hmm? by crawling_chaos · · Score: 1

      He's full of crap. Much like the Bush Administration he doesn't let the truth stand in the way of a good argument. Here's a link to the Al Jazeera English language page. Try it from a home browser and see if it is blocked. His employer might be blocking it, but the US Government isn't.

      --
      You can only drink 30 or 40 glasses of beer a day, no matter how rich you are.
      -- Colonel Adolphus Busch
    34. Re:Hmm? by Da_Weasel · · Score: 1

      What's really funny is that they are actually suing for more than a thousand billion...

      *sigh*

      --
      If you must!
    35. Re:Hmm? by Da_Weasel · · Score: 1

      Blocks what!? This must be a troll....

      --
      If you must!
    36. Re:Hmm? by Da_Weasel · · Score: 2, Insightful

      "Anything can happen if current trends don't continue, which if you look at enough trends, is always the case." Modded Insightful!? That was one of the funniest comments i've read on /. in quite sometime...

      Maybe that was one of those Seinfeld "funny cause it true" things? *smirk*
      --
      If you must!
    37. Re:Hmm? by Beetjebrak · · Score: 1

      At least learn a small bit about economics before spouting off garbage like this about nukes. China has the option of dumping that $1 trillion in bonds on the market. When they do, say bye bye to your precious dollar as its value plummets through the floor instantly.. taking all your savings money with it. Presently the US dollar is rapidly losing credibility as countries left and right get rid of their dollar bonds and shift to other currencies like the euro, the British pound sterling or just plain gold.

      --
      Learn from the mistakes of others. There isn't enough time to make them all yourself.
    38. Re:Hmm? by recursiv · · Score: 1

      HTTP 200 OK

      --
      I used to bulls-eye womp-rats in my pants
    39. Re:Hmm? by Surt · · Score: 1

      Sure, as long as the DOJ honeypot you've been redirected to returns http 200 ok, then everything is fine. :-)

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    40. Re:Hmm? by Surt · · Score: 1

      Why not to give RIAA a trillion rubbles at once? Oh, it's "rubles" with only one B... my bad!

      That was the old plan with the nukes, before they went all capitalist on our asses.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    41. Re:Hmm? by Fulcrum+of+Evil · · Score: 1

      If this were to actually go to trial somewhere, I'd bring this up - asking why they aren't going for a $10T judgement may well highlight the absurdity of this claim. As it stands, well, it doesn't - you can't sue someone in NY state for something they did in Russia and never brought to the actual state.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    42. Re:Hmm? by Blitzshlag · · Score: 1

      Anything can happen if current trends don't continue, which if you look at enough trends, is always the case.

      Not to pick nits, but if current trends don't continue, then the result of those trends continuing cannot happen. So even in this case anything can't happen.

    43. Re:Hmm? by msobkow · · Score: 1

      Really? I know we can access the websites from Canada, but given the vocal resistance to having satellite or cable feeds of some foreign news media, you'd think competition meant the sky was falling!

      --
      I do not fail; I succeed at finding out what does not work.
    44. Re:Hmm? by glesga_kiss · · Score: 1
      Kinda makes you wonder why we bothered with the whole Cold War thing, doesn't it? We should have just sued them for copyright infringement and got a lien on the whole country. In Soviet Russia all their bases are belong to us, or whatever. Why conquer when you can simply write a check?

      That's not all that far from what actually happened. The west essentially ran the soviet economy into the ground as it could not keep pace with the arms race. Capitalism has more money to spend on weapons, and spending that money on weapons puts it back into circulation.

    45. Re:Hmm? by partenon · · Score: 1
      Are you serious?

      Not with us having the best military and the nukes. Thankfully, not all americans thinks like you... This kind of thinking it just like the big guy at the school who stoles snacks and thinks nothing will happen just because he is the stronger in the classroom. But he forgets that 5 of the offended guys can easily beat him...

      Despite what you may think, the Chinese are now AT OUR MERCY! We got $1 trillion worth of stuff out of them for free. Sorry, but it's not "for free". Why do you think China's GDP growth was 10.2% last year and US was only 3.0% ?

      And if we don't pay (or print an extra $1 trillion to "pay" them) what can they do? As a brazilian, this scares me. We did exactly that in 80s and do you know what we got? An inflation of about 1000%/year. Go on, print 1 trillion and pay'em.
      --
      ilex paraguariensis for all
    46. Re:Hmm? by glesga_kiss · · Score: 1
      As it stands, well, it doesn't - you can't sue someone in NY state for something they did in Russia and never brought to the actual state.

      That's incorrect I'm afraid. Take the example of the casino guys who were arrested when they touched down at an US airport on a business trip. It's actually very similar to this case and I'm sure that the USA isn't on the AllofMP3's guys vacation plans for this reason.

    47. Re:Hmm? by partenon · · Score: 1

      Really? And do you think you'll pay the same as you pay to chinese companies? China is essential to every economy in Earth. If they stop making business w/ US (or Brazil, or any other country in the world), the prices for all products in the country will be raised (chain reaction).

      Please stop thinking you don't need other countries to live.

      (and no, I'm not chinese)

      --
      ilex paraguariensis for all
    48. Re:Hmm? by Fulcrum+of+Evil · · Score: 1

      Allofmp3 operates completely inside of russia - only their customers are in the US. Yes, we can get a judgement and arrest them, but it isn't legal. Our attitude about such jurisdictional crap seems to be that we will do what we want and don't get in our way. We had sklyarov and DVD Jon arrested too, but that didn't work out too well for us.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    49. Re:Hmm? by rifter · · Score: 1

      This dollar has been falling in general (not just against the rouble that is). So much so that many countries are now considering selling off some of their dollar reserves, and considering "diversifying" in other currency (the Euro primarily). Not being an economist I am not sure what effect a sell off would have, but I imagine it can't be too good.

      That depends on whether you live in Europe or the US :D.

    50. Re:Hmm? by avdp · · Score: 1

      Well, true :) Or is it? All economies seem inter-related these days... Problems with the US economy would probably have ripple effects across other economies. Maybe less so for other (smaller) countries than the US.

    51. Re:Hmm? by rifter · · Score: 1

      "Because a trillion rubles is roughly 10 bucks."

      Or 37.9 billion U.S. dollars.

      But yeah, that's close enough for government work.

      Shush! You just ruined my sinister plan to trade him $10 for a trillion roubles!

    52. Re:Hmm? by glesga_kiss · · Score: 1
      Allofmp3 operates completely inside of russia - only their customers are in the US. Yes, we can get a judgement and arrest them, but it isn't legal.

      Tell that to David Carruthers, who has been on house arrest in his hotel for the last six months while awaiting trial. Quote:

      The charges are several, including 'Mail Fraud', 'Transmission of Wagers/Wagering Information', 'Interstate Transportation of Gambling Paraphernalia', and 'Interference with Administration of Internal Revenue Laws', specifically the evasion of Federal wagering excise taxes[10].

      Coming straight after the controversial extradition of the NatWest Three, to which it has been compared because both cases involve the indictment of non-US persons for actions taken outside the United States, the Carruthers case has attracted much media attention.

    53. Re:Hmm? by Anonymous Coward · · Score: 0

      Typical Eurotardation. We want the dollar to lose more value. We gracious Americans have been propping up the ungrateful world's economy with our currency for far too long. When our dollar drops, our domestic goods become competitive again not costing more wholesale than chinese garbage at retail. Our factories get fired up again and people get jobs. We can't fucking wait for the dollar to plunge. Please bring it the fuck on.

    54. Re:Hmm? by drinkypoo · · Score: 2, Insightful

      Maybe it was moderated by people who a) want slashdot to suck as little as possible and b) understand how the moderation system works. Karma is a reward for good behavior (As the word is used here on slashdot anyway; this represents a complete misunderstanding of the concept, but never mind that) and you don't get any karma for a "Funny" moderation. Thus people who are not fucking lames moderate "Funny" things as something else, ether insightful or informative (IMO humor should be moderated insightful - the "funny because it's true" mod) so that the person gets the karma bump. A "Funny" mod is actually an attack against the person who you gave the mod to because moderating them higher without giving them karma means that someone else can mod them negatively, and thus take away their karma. The Karma Kap has a similar effect, but only when you're maxed out and it matters the least, so it's still stupid but not as stupid.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    55. Re:Hmm? by drinkypoo · · Score: 1
      That's not all that far from what actually happened. The west essentially ran the soviet economy into the ground as it could not keep pace with the arms race. Capitalism has more money to spend on weapons, and spending that money on weapons puts it back into circulation.

      Kind of makes you think, if we had had a schools race instead of an arms race, we might not be financially fucked today, and we could have walked arm-in-arm into a new era of education and cooperation.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    56. Re:Hmm? by Fulcrum+of+Evil · · Score: 1

      I'll see your link and raise you another.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    57. Re:Hmm? by VJ42 · · Score: 1

      print an extra $1 trillion to "pay" them Clearly you've never heard of Hyperinflation
      --
      If I have nothing to hide, you have no reason to search me
    58. Re:Hmm? by Anonymous Coward · · Score: 0

      Not really since you are off by an order of magnitude.

    59. Re:Hmm? by cmdr_beeftaco · · Score: 1

      now will they stop bitching about not making any money?

    60. Re:Hmm? by PadainFain · · Score: 1

      Wouldn't be too sure about the looseness of the Federal Reserve considering the Federal Deficit is running around $5 trillion and the total Federal obligations lie around $55 trillion. Quite an amusing write-up on that here.

    61. Re:Hmm? by glesga_kiss · · Score: 1

      He was tried in Finland using Finish law. As the link you provided says, he was prosecuted by the Finish authorities after a request from the USA. That's quite different to this case.

    62. Re:Hmm? by Anonymous Coward · · Score: 0

      Actually, that's not true. Even if current trends don't continue (meaning, some OTHER thing happens), the end result could still be what the current trend points towards... so yes, anything can still happen.

      Here's a simple example: current trends are towards a very weak dollar. You assert that if current trends DON'T continue then, by extension, we CANNOT end up with a weak dollar. My point is that current trends can change... first to a strong dollar, then weak, then middling, then strong, then VERY strong, and then end up at very weak. Trends didn't continue, but the end result was the same. QED.

    63. Re:Hmm? by rifter · · Score: 1

      Well, true :) Or is it? All economies seem inter-related these days... Problems with the US economy would probably have ripple effects across other economies. Maybe less so for other (smaller) countries than the US.

      I am not an economist, but there are a few basic things to consider here... in general increasing the value of your currency increases your buying power, while increasing the cost of goods produced in your country (thus potentially hurting trade in that other countries cannot afford your goods as well). There are ways around this (like outsourcing) and there are other factors (like what effect the value of your currency has on inflation, your debts, wages and savings, the cost of other goods internally, etc). Currently the US has a trade deficit with other countries with weaker currencies. If our currency is devalued it devalues cash assets in savings (which most ordinary folk here don't have) an decreases our buying power. That should mean we have to buy more domestically but we should be able to export more. I am sure it is a bit more complicated than that. I also think the important thing is that the value does not change too quickly in either direction as both could be disasterous I am sure.

      Right now the relationship between the US dollar and the Euro is about the same as it was between the US dollar and the Canadian dollar, except reversed ($1 US == 0.75 Euro ). That's not horrible .. if the Euro went up a bit more it would begin to achieve parity with the Birtish pound, which might entice Britain into drinking the EU koolaid at last. Then we can unleash our sinister plot to bring the dollar back up and finally be higher than all of you :D (ok maybe not).

      If the dollar goes down it will be more profitable than it was before to manufacture things in the US. In any case the trend of European and Japanese companies outsourcing their labour to the US where it is cheaper would probably be increased and the trend of US companies outsourcing to other countries would be decreased. Meanwhile we might be able to export more than we do and would have to produce more here since we can buy less. It's not as simple as all that I am sure, but so far it sounds good for the US as long as we don't screw it up. Then again, given who is in charge of our companies and government these days I guess we probably will.

    64. Re:Hmm? by Country_hacker · · Score: 1

      Hah! I've got the system beat, I don't have ANY savings to lose!! :-D

      --
      Never give any object more potential energy than you want it to have.
    65. Re:Hmm? by hr+raattgift · · Score: 1
      The spelling is "Finnish". Two "n"s.

      However, the relevant country is really "Norway" (somewhat to the east) and the appropriate adjective is "Norwegian".

      As in DVD Jon is a Norwegian citizen.

      As the link you provided says


      It didn't say that then, it doesn't say that now. In fact, it uses the words "Norway" and "Norwegian" in the first sentence of the article, so your reading comprehension fell apart early, or your memory is worse than you suspect.

      Congratulations! You score top /. points for accuracy!
    66. Re:Hmm? by Anonymous Coward · · Score: 0
      It's a little bit late in the discussion to reply to this, but even if the US government could inflate all its debt away, the bulk of its liabilities in the form of promised Social Security payments to future retirees easily dwarfs that. And that stuff is inflation-linked.

      Fortunately, the Federal Reserve is largely independent of the rest of the US government - the term of a governor is 14 years. 14 years! That's longer than FDR was president! This is why you don't have to worry too much about the government abusing the money supply in an attempt to wriggle out of debts.

    67. Re:Hmm? by Anonymous Coward · · Score: 0

      Hey! If the worst comes to worst, WE can turn Commie on THEIR Capitalist ass. See what China would say to that, HA!

    68. Re:Hmm? by glesga_kiss · · Score: 1
      Congratulations! You score top /. points for accuracy!

      And you score unusually high for anti-social traits. Methinks you don't get laid much.

      The spelling is "Finnish". Two "n"s.

      Damn, there goes my argument, lost to a typo.

      However, the relevant country is really "Norway" (somewhat to the east) and the appropriate adjective is "Norwegian".

      Big deal, I mixed up a Scandinavian country. Us Scots get it all the time, I'm sure they'll get over it.

      Doesn't change the argument a bit. Your post could have been reduced to a simple "it's Norway, not Finland", if you hadn't been such a jerk.

  2. Russia is still independent by flyingfsck · · Score: 4, Insightful

    last time I checked and considering that they cornered 45% of the space launch business and is the world's largest exporter of oil and gas, the USA needs Russia more than Russia needs the USA, so good luck to the RIAA and their money wasting tactics.

    --
    Excuse me, but please get off my Pennisetum Clandestinum, eh!
    1. Re:Russia is still independent by RAMMS+EIN · · Score: 1

      Err...isn't Russia getting lots of money from the IMF and/or World Bank anymore?

      --
      Please correct me if I got my facts wrong.
    2. Re:Russia is still independent by The+Zon · · Score: 2, Informative
      considering that they cornered 45% of the space launch business and is the world's largest exporter of oil and gas, the USA needs Russia more than Russia needs the USA

      That's a bit of a jump to make. The USA isn't nearly as dependent on Russian oil and gas as Europe is, and if Russia collapses, the USA can launch satellites on their own just fine. Besides, the Russian economy is too heavily based on natural resources. And even though they're sitting on massive natural gas reserves, they can't deliver enough of the product for their own citizens, because their industry is geared towards export. In the industrial sector, one of Russia's areas of strength in the Soviet era, practically none of its products can compete on the international market. The birth rate has been sharply declining, creating a rapidly increasing median age, which will place an even greater burden on their economy. They've never quite recovered from years of communist stagnation. Overall, the Russian economy is very weak, especially compared to the booming economic growth in China, another massive country that had to make a systemic change from communism to capitalism. And from a diplomatic standpoint, the United States is the world's foremost military and economic power, while Russia's influence has drastically declined since the Soviet Union broke apart. Russia most certainly need the USA more than the USA needs Russia.
      --
      Some attitudes replaced or by cgi optimizes
    3. Re:Russia is still independent by TubeSteak · · Score: 4, Informative
      the USA needs Russia more than Russia needs the USA, so good luck to the RIAA and their money wasting tactics.
      The RIAA has already won the main battle, if not the war
      11/29/2006 http://arstechnica.com/news.ars/post/20061129-8315 .html

      The short version:
      The U.S. wants Russia to join the World Trade Organization.
      One condition is that Russia changes its copyright laws.
      Russia agreed.

      Whether or not AllOfMP3 is going to get shut down by the Russian Gov't is seemingly still up in the air, but the RIAA got what they wanted: IP reform in Russia.
      --
      [Fuck Beta]
      o0t!
    4. Re:Russia is still independent by Simon+Garlick · · Score: 1

      Resource for resource, Russia is the RICHEST COUNTRY ON EARTH. It just hasn't worked out how to effectively extract those resources. Yet.

    5. Re:Russia is still independent by troll+-1 · · Score: 1

      the USA needs Russia more than Russia needs the USA ...

      Why do you say that? Russia might be good at cheap space launches but their economy is appalling. They don't even make the top 50 countries in terms of GDP/capita. Their economy is about the same as Mexico's. They desperately want to join the WTO but can't without the US as an ally so right now it looks like Russia needs the US more than the US needs them.

    6. Re:Russia is still independent by Axe · · Score: 4, Informative

      >isn't Russia getting lots of money from the IMF and/or World Bank anymore? No, they do not. They have a positive trade balance bigger then china and foreign reserves larger then Taiwan. Every time you fill up your car, somebody in Moscow smiles.

      --
      <^>_<(ô ô)>_<^>
    7. Re:Russia is still independent by The+Zon · · Score: 1
      Resource for resource, Russia is the RICHEST COUNTRY ON EARTH. It just hasn't worked out how to effectively extract those resources. Yet.

      That may be true, but natural resources aren't the most important thing to an economy. Many parts of Africa have abundant natural resources but still remain in abject poverty. Japan has very limited natural resources, but has one of the strongest economies in the world. Banking, manufacturing, consumer goods, the tech industry, the service industry, and effective, stable government are more important than natural resources, and Russia is lacking in each case. Going forward, natural resources are going to matter less and less to the global economy, as new technology bypasses the need for supplies of coal, oil, wood, gas, etc. at the levels that we're using them now. Russia needs to reinvest the wealth from its exports of raw materials into other industries, or it's in for a world of hurt.
      --
      Some attitudes replaced or by cgi optimizes
    8. Re:Russia is still independent by tigga · · Score: 1
      is the world's largest exporter of oil and gas

      Regarding to oil - Russia exported 6.7 bn barrels and Saudi Arabia 9.1 (2005). Liquefied gas : Russia : 0 out of 6,827 bn cubic feet. Dry gas: 7656 out of worlds 28519 bn cubic feet (2004)

    9. Re:Russia is still independent by JWW · · Score: 1

      We have large reserves of oil as well, but in what can only be economic insanity, we don't drill for them!!

    10. Re:Russia is still independent by QuantumG · · Score: 1

      Time for another revolution boys.

      --
      How we know is more important than what we know.
    11. Re:Russia is still independent by JWW · · Score: 5, Interesting

      They may win this war, but its the wrong war. They may yet be retarded enough to lose the REAL war.

      I currently do not let my son download music illegally. He is allowed to buy off of iTunes with prepaid cards, and cannot use bittorrent, or any other p2p. Now I know someday, he'll be able to use these without my knowledge and thats fine. But what I'm doing is explaining to him why leagally obtaining music is the right thing to do. I also however expalain in detail that the RIAA is possibly the largest bunch of idiotic half wits on the entire planet. My eplaination basiclly goes "iTunes uses DRM at the behest of the music industry, but its not too invasive and can be removed simply by burning a CD and reimporting (lossy I know), but it doesn't bind the user too much and the price is reasonable (unlike Apples movies which we won't buy)". I also tell him that iTunes would lose every cent of our business if someone started selling unDRMed mp3s for the same (or lower price). Now allofmp3.com fits that bill but as this story shows, their legality is in question. But the RIAA is overplaying its hand!! (Sorry I'm going to yell and swear now, but can't help it). Those fucking bastards keep going after allofmp3, keep pressuring Apple to raise prices, and keep trying to get other sites with even worse DRM than fairplay fired up!! Dammit RIAA all you have to do to win the entire fucking market and make these same billions of dollars you sue everyone for is OFFER FUCKING DRM FREE MUSIC FROM YOUR OWN SITES AT THE PRICE APPLE HAS ALREADY DETERMINED WILL WORK!!!!! I mean I could steal everything for just a little bit more effort than buying from iTunes. I don't, I try to do whats right, but my patience is wearing thin, very thin.

      This is a warning to the RIAA, keep this shit up and you'll make it way to easy for everyone to justify stealing from you because you are just too fucking evil. And I'll tell my son stealing from you is ok too because an group of soulless, vile, repugnant, people like you don't deserve any of our money or our respect.

    12. Re:Russia is still independent by zippthorne · · Score: 1

      Maybe we're saving it for later. After we've drained everyone else's. Then we'll have the fruits of all their oil and they'll have a formidable stack of worthless paper...

      --
      Can you be Even More Awesome?!
    13. Re:Russia is still independent by Anonymous+McCartneyf · · Score: 1

      We're waiting for the permafrost to finish melting in those reserves. We can't get away with drilling there quietly until the caribou have gone extinct for other reasons.
      We could start drilling in the Gulf of Mexico some more. We've found more oil there. The only problem is that hurricanes might keep wrecking the drills.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    14. Re:Russia is still independent by Andy_R · · Score: 1

      Given that natural resources are in limited supply, prices will rise as supplies get used up. Leaving oil in the ground is actually an excellent way of making money.

      --
      A pizza of radius z and thickness a has a volume of pi z z a
    15. Re:Russia is still independent by Anonymous Coward · · Score: 0

      May I suggest you teach your son about the public library?
      You go to their website, search for your album (if it isn't there use Inter-library loan), put the album on hold, wait for it to come in to your local library branch, pick it up, and uh (cough rip it cough) enjoy.

    16. Re:Russia is still independent by Anonymous Coward · · Score: 0

      Paying the MAFIAA is the right thing to do?!

    17. Re:Russia is still independent by superpulpsicle · · Score: 1

      It is the MAFIAA. When you buy music, you pay your sales tax and RIAA tax. Me, I stick to Rhapsody. I don't want to own squat. I have learned that I do not listen to any one song more than 20 times so I mind as well not own it and have an unlimited supply.

    18. Re:Russia is still independent by Yartrebo · · Score: 1

      We (the USA) are extracting oil extremely quickly. Production is about 10% of world production despite only having 3% of world reserves and even less of world resources. Areas like ANWR are the exception and the general situation is very conducive to oil extraction with low royalties and taxes.

      No other part of the world have been as thoroughly scoured and drilled for oil as the USA.

    19. Re:Russia is still independent by Gamefreak99 · · Score: 1

      You might try eMusic. They offer VBR quality mp3s at a pretty low price and can be redownloaded and shared (DRM-free) to your heart's content. Mind you, they don't have the pop-hits artists of iTunes and MTV but they do have a pretty wide selection.

      Hope it helps!
      GR

    20. Re:Russia is still independent by Grishnakh · · Score: 0, Offtopic

      Me, I stick to Rhapsody. I don't want to own squat. I have learned that I do not listen to any one song more than 20 times so I mind as well not own it and have an unlimited supply.

      May I suggest you find some better music to listen to? If you don't want to hear any one song more than 20 times, you must be listening to some crappy songs.

      Try some classic music from the 60s-70s, like Pink Floyd, Boston, Fleetwood Mac, Led Zeppelin, etc. If your music was made in the last 10 years, it's probably shit.

    21. Re:Russia is still independent by spisska · · Score: 1
      the USA needs Russia more than Russia needs the USA ...
      Why do you say that? Russia might be good at cheap space launches but their economy is appalling.

      Ahhh yes. But Russia is still willing to buy US products and finance US debt. That makes them very, very impotant to the US economy. For Russia, the US is just another market, and one that is becoming more difficult and more problematic day by day. They have a larger and wealthier trading partner next door in the EU, and another market with vastly superior growth opportunities on the other side in China.

      You may not realize it yet, but the US does indeed need Russia far more than Russia needs the US.

    22. Re:Russia is still independent by mrchaotica · · Score: 1
      This is a warning to the RIAA, keep this shit up and you'll make it way to easy for everyone to justify stealing from you because you are just too fucking evil. And I'll tell my son stealing from you is ok too because an group of soulless, vile, repugnant, people like you don't deserve any of our money or our respect.

      Are you sure you used the right verb tense? It's already long past the point where the RIAA deserves any respect for their so-called "intellectual property[sic]!"

      --

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

    23. Re:Russia is still independent by cadeon · · Score: 1

      God. Fuck this. It's one thing to let the corporations run America- it's something entirely different to let them run the world.

    24. Re:Russia is still independent by Anonymous Coward · · Score: 0

      You are explaining to him that he should only buy into the DRM Chains.

      so, congratu-fucking-lations on creating another consumer whore who buys into the DRM Shit the hollywodista creates.

    25. Re:Russia is still independent by Anonymous Coward · · Score: 0

      Dad?

    26. Re:Russia is still independent by GnarlyNome · · Score: 1

      They have only been trying for 90 years ..Ain't government wonderfully efficent

      --
      Diplomacy is the art of saying "Nice doggie" until you can find a rock. Will Rogers
    27. Re:Russia is still independent by trentblase · · Score: 2, Informative

      If your music was made in the last 10 years, it's probably shit.

      May I suggest you find some better music to listen to? There's plenty of good music from the last 10 years.

    28. Re:Russia is still independent by noidentity · · Score: 5, Insightful

      Please also inform your son about the difference between theft and copyright infringement.

    29. Re:Russia is still independent by Jerry+Beasters · · Score: 0

      You're still assuming that downloading music without pay is illegal, which has never been concretely established.

    30. Re:Russia is still independent by mgiuca · · Score: 1

      Yay, dude. You get my vote. It's great to see you raising your son with respect for moral values instead of blind faith in the increasingly-corrupt laws and governments.

    31. Re:Russia is still independent by Sj0 · · Score: 1

      According to the department of energy, the two largest exporters of oil to the United States in the world are Canada and Mexico, with a combined total of just over 3 million barrels for the month of October 2006, and Russia isn't even in the top 15. In terms of total petroleum, Russia is the 9th largest importer, with between 381 and 530 thousand barrels per month. Compare this to Canada and Mexico, which combined export over 3.7 million barrels of petroleum in total. The top five importers of petroleum to the US each export more than 1 million barrels a month.

      If Russia is making big money on oil, it's because of markets other than the United States. In the American market, they're a tiny player.

      Department of Energy report, 15 top exporters of oil to the United States up to October 2006

      --
      It's been a long time.
    32. Re:Russia is still independent by Grishnakh · · Score: 1

      Like what? Britney Spears? Sorry, no, that's not good music.

      I have some good music from the last 10 years, but it's all by bands much older than 10 years.

    33. Re:Russia is still independent by Sj0 · · Score: 2, Insightful

      It is not ethical to buy music from artists represented by RIAA member companies, by any rational ethic.

      When you pay for RIAA represented talent, you're paying for a bunch of entitled drug addicted leeches with degrees from party schools, lawsuits against grandmothers for downloading music they couldn't possibly want to listen to, and an entire industry built around the artist paying for everything and receiving a glorified loan in return, while being paid a pittiance for anything any sales outside the top fraction of a percent.

      I stopped downloading illegal music altogether many many years ago. I replaced it by downloading to people who actually want me listening to their music. Is it harder to find good music? Sure. Can I sleep at night knowing I'm paying an artist directly for their work? Like a baby.

      --
      It's been a long time.
    34. Re:Russia is still independent by mcrbids · · Score: 0

      Wow.

      With a mouth like that, I pity your son's odds of maintaining his image if he should ever decide to do anything, uhm, classy in his life.

      See, as a father of five, I think that it's important to teach my children manners and behavior that will allow them to get along in any strata of life. Very few people have a problem with reasonable manners unless they're overdone or condescending. But a single slip of the "F" word in the wrong context can make or break a deal. (and therefore, success)

      Don't teach children that "THE R144 is TEH 3V11", if you can teach them about the corruptive nature of power - it's much more useful because it's the truth, and explains WHY the RIAA is teh 3v1L.

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    35. Re:Russia is still independent by Mike_ya · · Score: 1

      How much US debt are they buying?
      http://www.optimist123.com/optimist/2006/05/pie_ch art_of_wh.html
      They don't even show up on the list.

      According to the US State Dept, US exports to Russia $3 Billion, imports $11.8 billion.
      http://www.state.gov/r/pa/ei/bgn/3183.htm

      In comparison South Korea had $309 and $325 billion in imports and exports with the US.
      http://english.hani.co.kr/arti/english_edition/e_b usiness/181520.html

      The US as far as economy and trade does not NEED Russia now, if the energy supply becomes a crisis down the road that might change. In the recent past Russia has leaned a lot on the US while making its transition to a market economy.

      What the US would like to see from Russia is its continuing down the free market/democratic path. Russia has the potential with population and resources for the US to need them, but that has not happened yet.

      Now China, that's a different story.

    36. Re:Russia is still independent by 10Ghz · · Score: 1

      But they can't get any money from allofmp3. If they do change the law in Russia (which seems to be the case), the allofmp3 will shut down. But they can't get any money from them. Reason being that you can't retroactively decide that some past behavior was illegal and should be paid for. If it wasn't illegal back then, then there's not much they could do about it.

      --
      Lesbian Nazi Hookers Abducted by UFOs and Forced Into Weight Loss Programs - -all next week on Town Talk.
    37. Re:Russia is still independent by Anonymous Coward · · Score: 0

      I agree with the parent poster on all accounts ... except I differ in one aspect.
      I don't buy CDs any more. If I did, I would continue to fund these fuckers on their lunatic crusade - and I won't fund such assholes any more.
      In effect, they've lost my sales - not that they care.

      If you want to do good, donate the money to charity (a much more worthy cause) and download the CD from p2p.
      If you want the artist to get some money, buy a t-shirt at the gig :)

    38. Re:Russia is still independent by AlamedaStone · · Score: 1

      I could steal everything for just a little bit more effort than buying from iTunes

      I dunno... I'd say the effort is about the same. Oh wait... unless... do you work for your money? Oh right, then iTunes is probably harder.

      I'm just saying.

      --
      "All these years believing you're the signified monkey, only to find out you're just a big hunk of nobody cares."
    39. Re:Russia is still independent by Technician · · Score: 2, Insightful

      OFFER FUCKING DRM FREE MUSIC

      I prefer the term "Compatible music".

      My daughter has a Nano. My son has an RCA Lyra and a Creative Zen. I have a Panasonic and a Coby. The only format that works in a mixed environment and works on all my PC's including the Linux box is MP3, the format they won't sell.

      What ever happened to meeting consumer demand?

      The consumer is always right and votes with his wallet. I am not an I-tunes customer. I can't play their product anywhere except on my wife's PC.

      In other words, "Show me the MP3".

      --
      The truth shall set you free!
    40. Re:Russia is still independent by poopdeville · · Score: 2, Insightful

      Arto Lindsay, Beck, Bill Frisell, Bill Laswell, the Books, Boredoms, Chris Brown, DJ Q-Bert, Dr. Dooom, Dr. Octagon, Echo and the Bunnymen, Einsturzende Neubauten, Electric Masada, Fima Ephron, Fred Frith, haujobb, Ikue Mori, Jah Wobble, the Jigsaw Gentlement, John Zorn, Johnny Cash, Keith Jarret, Kletka Red, Kool Keith, Kraftwerk, Lou Reed, Madlib, the Magnetic Fields, Marc Ribot, the Mars Volta, Masada, Massacre, Melt Banana, the Minibosses, Mission of Burma, My Bloody Valentine, Naked City, New Klezmer Trio, Okkyung Lee, OOIOO, Peaches, Pete Namlook, Radiohead, Randy Newman, Ride, Ruins, Skylab, Sonic Youth, Soundgarden, Tetsu Inoeu, this mortal coil, Tom Waits, Tortoise, William Orbit, Yasunao Tone, the Yeah Yeah Yeahs.

      That should get you started on interesting modern music. My favorites of the 90s-00s are in bold. I suggest you use resources like allmusic.com and pitchforkmedia.com to look for recommendations. The bands I gave cover a lot of ground.

      Now knock off your musical elitism. High school is over, and your ignorant musical tastes aren't much to be proud of anyway.

      --
      After all, I am strangely colored.
    41. Re:Russia is still independent by Anonymous Coward · · Score: 0

      Funny... most of that list is shit, and the rest I simply haven't heard of. It's probably safe to assume that the rest are shit as well. Thanks for the info.

    42. Re:Russia is still independent by salsadancer · · Score: 1

      no matter if the RIAA wins this fight, they have already lost the battle. DRM is dead. There is a non-russion solution, too(mp3stor.com). I'll be using up my account at allofmp3.com and if they are really shutdown (which I doubt) switch to my mp3stor account. I consider both sites legal.

    43. Re:Russia is still independent by Anonymous Coward · · Score: 0

      Yeah, because if you like it, it MUST be good, right? To everybody? You can't tell people what good music is, they have to make up their own mind because what is awesome to you is total shit to me. I mean, come on, Johnny Cash? Radiohead? That shit gives me the squirts.

    44. Re:Russia is still independent by cowbutt · · Score: 1

      I doubt it, seeing as Russia has been diligently using the recently-increased profits from fossil fuels to pay off national debts all over the place.

    45. Re:Russia is still independent by jrumney · · Score: 1

      Not a good sample really. Half of those haven't put out an album in the last ten years, only a couple have been around for less than ten years, and some of them have been dead longer than that!

    46. Re:Russia is still independent by heffeque · · Score: 1

      Good thing that in Spain it's still legal to download mp3 and movies via P2P, although our RIAA (called SGAE) and their minions are saying that it's illegal and since it's not true people are trying to sew them for misinforming people of the law.

    47. Re:Russia is still independent by Asic+Eng · · Score: 1
      Just a minor point here:

      Now allofmp3.com fits that bill but as this story shows, their legality is in question.

      There is really no question, they operate according to Russian law. Now the law may change, and then their business must change, too. However that will not change the fact that they are now legal and have been legal in the past.

      Anyone can file a suit against anyone else, so if that happens it should not be taken as an indication that the accuser is right.

    48. Re:Russia is still independent by zoeblade · · Score: 1

      OFFER FUCKING DRM FREE MUSIC FROM YOUR OWN SITES

      Although DRM is a big motivating factor for us people that understand the issues surrounding new technology, most people still don't know what it is, or how invasive it is. As much as I'd like to be able to buy DMR-free music to instantly download from the Internet, I doubt such a move would have much impact on sales.

      Incidently, as you're into being legal yet avoiding DRM (a difficult combination), have you considered downloading legally free music from archive.org's Netlabels section?

    49. Re:Russia is still independent by Morgo · · Score: 1
      Dammit RIAA all you have to do to win the entire fucking market and make these same billions of dollars you sue everyone for is OFFER FUCKING DRM FREE MUSIC FROM YOUR OWN SITES AT THE PRICE APPLE HAS ALREADY DETERMINED WILL WORK!!!!!


      Why sell a song for $1 when you can wait for someone else to sell it and then sue them for $150,000?
    50. Re:Russia is still independent by Anonymous Coward · · Score: 0

      The only way to stop the extortion by these greedy a-holes is a complete boycott of their products. Imagine what the conversation in the boardroom would sound like when they're going over previous month's profit if few bought their cookie-cutter trash. Obviously these people have no conscience, just look at some of the individuals they are suing. The only way to stop the madness is to hit them in the wallet.

      As for the $150,000 per song, in my 22 years, I have never heard a song that was worth $150,000. Most of the crap the RIAA produces isn't even worth $1. I may be mistaken, but isn't there a limit on how much someone can sue for damages? I thought it was like 10 times the actual amount; how do they get the $150,000?

    51. Re:Russia is still independent by KDR_11k · · Score: 1

      Noone's poaching musicians off the streets and forcing them at gunpoint to sign up with a label. To put it like an independent rapper I overheard on the train, those people who sign with the labels want everything handed to them on a silver platter and then start screaming when they see the bill. The label handles recording, advertising, bribing, suing and chart falsification for you but at a price. Those who are lazy or stupid will go with a big label in hope of instant fame and pay almost all the money to the label. If you want something done right you have to do it yourself and that applies to publishing music as well. Get those CDs pressed and shipped out of your own pocket and all the profit will go into your pocket, too.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    52. Re:Russia is still independent by KDR_11k · · Score: 1

      If you want to do good give money to the charity. Don't bother with downloading the music, there's no reason for you to do so other than your own unwillingness to give up the product of someone you proclaim you can live without. Prove that you don't need their music by not downloading it.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    53. Re:Russia is still independent by cheekyboy · · Score: 1

      Or you can just 'capture' live radio net feeds which auto name each track to their correct names.

      iRadio does this btw.

      Not quite kosher perhaps, but 100% 'legal' as in , not detectable. Sure its like trawler fishing, but you get the genre you want and more.

      OT: do the beetles really need more money, (apart from that one legged parasite)

      --
      Liberty freedom are no1, not dicks in suits.
    54. Re:Russia is still independent by Don_dumb · · Score: 1

      A lot of people have been saying that the only way to stop the RIAA's spoilt child behaviour is to stop paying them, unfortunately I think it might have the opposite effect. You see, when sales reduce, the RIAA will simply claim that piracy has increased, "it must be, our profits have gone down". I seem to remember the MPAA using this logic when sales fell last year. And when that happens the **AA have a more powerful position in lobbying.

      Buying their songs from Allofmp3.com shows everyone clearly that the consumer still wants music, but we value non-DRM'ed tracks far more. As Allofmp3 has sales instead of downloads the statistics are there, they still get hit in the wallet, but they cant claim that it is just because people are pirating, when they are paying for songs.

      I cant help but thinking that good laws and a judiciary that doesn't somehow reward unfair litigation (racketeering), is the best way to stop the RIAA.

      --
      If this were really happening, what would you think?
    55. Re:Russia is still independent by Anonymous Coward · · Score: 0

      Good point. I was going to say if the RIAA did that they would win the market but simultaneously destroy it because 'free' copies of the music will flood the Internet. (More so then now, because it will look like they have turned a blind eye to copying, and it's easier and more tempting when MP3s are handed to you.) They might only sell 100 copies of each title to dedicated seeders. But the parent has just taken the more realistic angle.

    56. Re:Russia is still independent by stew77 · · Score: 1

      I also tell him that iTunes would lose every cent of our business if someone started selling unDRMed mp3s for the same (or lower price).

      It's called eMusic.

    57. Re:Russia is still independent by Oddscurity · · Score: 1
      Every time you fill up your car, somebody in Moscow smiles.
      Sounds like in 10 years time plastic surgeons will flock to Moscow en masse.
      --
      Indeed!
    58. Re:Russia is still independent by JWW · · Score: 1

      First I warned everyone, normally I agree and try very hard not to swear in posts. Normally I use @#$@#$ and stuff like that to indicate swearing (err intense feeling :). But I am very passionate about this and thought I'd go more stream of consciousness than measured response for this posting. Note, I did so knowing that I had a favorable audience for this. Had my post been an open letter to the RIAA swearing would have sealed the deal and my letter would be thrown out.

      Second, my son doesn't get to read /. I believe in the future he'll probably have his own account, but he's a little young right now.

      Third, I hear you on the leet speak ;). And on the message there as well :). But to be honest is that what is truly baffling is that if the RIAA actually just lightened up and gave their customers what they want, they would make more money!! That is why I call it stupidity and not corruption (although the corruption could be the key factor in what is causing them to be stupid).

    59. Re:Russia is still independent by JWW · · Score: 1

      I see your point, but everything is already out there now. Selling mp3's wouldn't result in more free music on the net because that market is already saturated.

    60. Re:Russia is still independent by Hatta · · Score: 1

      You can't micromanage a child's belief system. Attempts to do so are more likely to backfire than succeed.

      --
      Give me Classic Slashdot or give me death!
    61. Re:Russia is still independent by Grishnakh · · Score: 1

      I'll agree with the other posters; the ones I recognize here which really are 10 years old are shit.

      Johnny Cash? Are you kidding? Now you're going back to the 60s, which is exactly the time period I stated before where quality music was to be found. Like I said in another post, there's some recent music I like, but only because it's by bands/musicians who have been around much longer than 10 years.

      Soundgarden is older than 10 years, too, and if memory serves, disbanded quite some time ago.

    62. Re:Russia is still independent by ratboy666 · · Score: 1

      "Or you can just 'capture' live radio net feeds which auto name each track to their correct names. ...
      Not quite kosher perhaps, but 100% 'legal' as in , not detectable."

      Not sure about the "detectable" part. In any case, that doesn't have anything to do with the legality. The legality depends on your jurisdiction (same as allofmp3). However, there is normally a time window for retaining over-the-air recordings. Off the top of my head, its 3 days for TV, a week for news broadcasts (or something along those lines).

      As for audio recordings, it is "unlimited" in my jurisdiction. But be careful... This does change according to what country you are in.

      Ratboy666

      --
      Just another "Cubible(sic) Joe" 2 17 3061
    63. Re:Russia is still independent by haggie · · Score: 1

      Stop buying your kid iTunes gift cards and get him a membership on emusic.com. First, you'll be supporting a non-DRM music service. Second, you'll expose your kid to really amazing music that he isn't likely to find on iTunes. He might complain a little at first because the latest pop crap isn't on emusic, but as his music tastes develop and he learns that chicks dig guys who know good music, he'll say "thank you".

    64. Re:Russia is still independent by Anonymous Coward · · Score: 0

      "iTunes uses DRM at the behest of the music industry, but its not too invasive and can be removed simply by burning a CD and reimporting (lossy I know), but it doesn't bind the user too much and the price is reasonable (unlike Apples movies which we won't buy)"

      So you are saying to your son "I am a coward to this gang of organized MUSIC COMPANIES. I compromise with them so they can put malware (aka DRM) onto my computer, so they can force me to buy music multiple times. I am a failure as a member of society in the digital age, because I have given into digital bullies instead of standing up for my rights."

      Great message to tell you son! Go ahead, be a coward. The future marches onward without you and the RIAA. Have fun with your DRM'd files that you wont be able to use at some point in the future.

    65. Re:Russia is still independent by 5plicer · · Score: 1

      Go listen to these albums:

      BT - "Binary Universe"
      Tipper - "Surrounded"
      Hybrid - pretty much anything by Hybrid

      --
      The bits on the bus go on and off... on and off... on and off...
    66. Re:Russia is still independent by Axe · · Score: 1
      >If Russia is making big money on oil, it's because of markets other than the United States. In the American market, they're a tiny player.

      Certainly they do not sell it here directly. But the price they get elsewhere has a direct connection with the consumption level around here.

      Oil and gas is around 60% of the Russia's export. If they find some smarts to invest this windfall, they will do OK.. No about that smarts thingy...

      --
      <^>_<(ô ô)>_<^>
    67. Re:Russia is still independent by AK+Marc · · Score: 1

      Now allofmp3.com fits that bill but as this story shows, their legality is in question.

      I have not really seen much in the way of questions over the legality. You can sue anyone in the US for any reason. I could sue you for being ugly, but that doesn't mean that your looks are legally questionable. allofmp3.com operates legally in Russia. That is the only legal question, and it has been answered many times. It is illegal for someone sitting in the US to buy from allofmp3. I have never seen any legal points in dispute of that, other than complaints about current legal standards (for one, all Internet transactions are a "sale" at both the point of purchase and the point of sale). However, once everyone accepts the current rulings, there is little debate on that point. Also, I have seen no one make a compelling case that it is illegal to fly to Russia, but every piece of music offered by allofmp3.com then fly back. That ensures that all of the sale was in Russia, where allofmp3 is completely legal, and the rules on transport of copyrighted materials are quite clear (if it's legal where you bought it, it's legal to take with you if it is a personal item).

      I am curious what parts of the legality you think are in question. Aside from the people that don't know what a precedent is and don't want to recognize those that they don't like, I have not really seen anything that leads me to think there is any ambiguity in the legality of allofmp3.com.

      Oh, and this suit isn't about whether it is legal or not. This suit recognizes that it is illegal for Americans in the US to buy from allofmp3.com, and the issue is whether the acts of allofmp3.com in encouraging Americans to buy are in violation of law. Based on what I've seen previously (though there is nothing quite analogous), they can't be held accountable for the people that buy from them.

    68. Re:Russia is still independent by drinkypoo · · Score: 2, Interesting
      See, as a father of five, I think that it's important to teach my children manners and behavior that will allow them to get along in any strata of life. Very few people have a problem with reasonable manners unless they're overdone or condescending. But a single slip of the "F" word in the wrong context can make or break a deal. (and therefore, success)

      One of the smartest women I know is a single parent. She taught her child, who is a budding geek (actually he calls himself a "nerd" and is carrying on a campaign of deprecation of the word "geek" but I'll set him straight eventually) that he could swear at home, but if he started swearing in inappropriate situations she wouldn't let him swear at home any more. He's still not allowed to swear at her, of course, but he can swear near her.

      Well, she taught him this when he was around kindergarten age, and now he's about 13 (IIRC) and he still understands the difference.

      Perhaps treating your children like adults is the best way to get them to act like adults?

      Don't teach children that "THE R144 is TEH 3V11", if you can teach them about the corruptive nature of power - it's much more useful because it's the truth, and explains WHY the RIAA is teh 3v1L.

      I doubt you are actually doing this based on your attitude about children potentially dropping the f-bomb, but then I don't have enough information to really make that call so I will try to reserve judgement.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    69. Re:Russia is still independent by drinkypoo · · Score: 1
      It is illegal for someone sitting in the US to buy from allofmp3. I have never seen any legal points in dispute of that

      You have never looked.

      The very question at the heart of all this is whether or not AllOfMP3.com (henceforth "AOM") has the legal right to distribute. It has not been proven that they do not! Thus, current purchases from AOM are made in good faith.

      If they prove somehow in this court case that AOM does not have valid permission to distribute this music, THEN it will be illegal for Americans to buy from them.

      Of course, the RIAA has a lot more money than any one of us... And we all know that's the final arbiter of justice.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    70. Re:Russia is still independent by AK+Marc · · Score: 1

      The very question at the heart of all this is whether or not AllOfMP3.com (henceforth "AOM") has the legal right to distribute.

      No, that is not what is in question. AOM has the right to distribute. That right (like all rights) is granted or recognized by their government. That is not in dispute. They may sell/distribute without a problem. It has been found in Russian court that they can not be shut down under current laws.

      The heart of the matter is can a Russian distributor distribute within the US in violation of US laws. By the current laws, a sale takes place simultaniously in two places, at the location of the buyer and the seller. That is the point of law that this whole thing hinges on. The legal sale of MP3s to a location where that sale is not following the laws is illegal. Under current trade laws, however, only the buyer is liable. If I order a cell phone jammer from the UK that is illegal in the US, the FCC/FBI/whoever can't fly to the UK and arrest the person that sold it to me. They can only hold me liable. Those rules are the ones that should be followed. The problem is that because the product does not travel through the mail or a courier, it is neigh-untracable. Because of that difficulty, the RIAA is going after the easy target, AOM. I have seen nothing that indicates that an American, in the US, may buy something that is in violation of US law just because the place it was ordered from is in compliance with their local laws. If you have seen something other than that, please point it out to me.

    71. Re:Russia is still independent by drinkypoo · · Score: 1
      If I order a cell phone jammer from the UK that is illegal in the US, the FCC/FBI/whoever can't fly to the UK and arrest the person that sold it to me. They can only hold me liable. Those rules are the ones that should be followed.

      You're talking about a device that is illegal to own. It's not illegal to own legally-licensed music that I have legally paid for.

      I have seen nothing that indicates that an American, in the US, may buy something that is in violation of US law just because the place it was ordered from is in compliance with their local laws.

      Good thing I didn't say that. If AllOfMP3.com has the right to distribute to me, then my purchase is legal. If they do not, then it is not. Which is what I just said, and nothing you have said contravenes that. If in fact it already has been shown that they have the right to distribute the music then it's not in violation of US law - they have the right to distribute it - and this it's not illegal.

      Come back when you're willing to read my comment, and respond to what I actually said. Thanks.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    72. Re:Russia is still independent by poopdeville · · Score: 1

      I don't particularly like Radiohead or Johnny Cash either. But the claim that no good music has been made in the last 10 years is laughable. I simply made a list of artists that have released well reviewed and liked albums in the 90s and 00s. I don't know (or care) what genres you like.

      --
      After all, I am strangely colored.
    73. Re:Russia is still independent by poopdeville · · Score: 1

      I made a list of well respected artists and groups that have released albums in the 90s and 00s. Yes, Johnny Cash was among them. It's a starting point, covering influential bands in all the major genres.

      Part of being a good music listener is knowing how to appreciate quality even in music you dislike. Another part is being able to describe what you like and dislike in music. "Shit" is a poor predicate.

      --
      After all, I am strangely colored.
    74. Re:Russia is still independent by AK+Marc · · Score: 1

      If in fact it already has been shown that they have the right to distribute the music then it's not in violation of US law - they have the right to distribute it - and this it's not illegal.

      They have a right to distribute it in Russia and only in Russia. If you are in the US and getting it "delivered" to you there, then they do not have the right to distribute it there. That is a violation of US law.

    75. Re:Russia is still independent by Grishnakh · · Score: 1

      I made a list of well respected artists and groups that have released albums in the 90s and 00s.

      My point (perhaps not well written) earlier was not that there was NO good music released in the last 10 years, but that there was no good music by new bands/artists in that time. As I've said several times now, I have a bunch of albums released in the last 10 years, but by artists that have been around longer than that. Pink Floyd is a great band, but I'm not going to lump their latest release in with today's bands when it's just a live album of stuff they wrote decades ago.

      Part of being a good music listener is knowing how to appreciate quality even in music you dislike. Another part is being able to describe what you like and dislike in music. "Shit" is a poor predicate.

      I can appreciate music I dislike. I'm not a huge fan of Johnny Cash, but I can certainly appreciate it. This "music" that the RIAA has been churning out for the last decade from their manufactured bands is shit, plain and simple.

    76. Re:Russia is still independent by Foehg · · Score: 1

      Somebody in Moscow *smiles*?

      Who is it? Of course, I guess they probably smile inside somewhere, not out where somebody could see them. :-)

    77. Re:Russia is still independent by Sj0 · · Score: 1

      The snake oil salesman does not suddenly become ethical when you admit that people really ought to know that they're lying.

      --
      It's been a long time.
  3. This should be industry... by __aaclcg7560 · · Score: 5, Funny

    Let's see how many RIAA people come down with an acute case of radiation sickness. In Russia, the competition comes after you!

    1. Re:This should be industry... by gunhaver06 · · Score: 1

      I regret to inform you that creimer has come down with a case of radiation poisoning. I will soon come down with it also.

  4. Really, you can pay us off in Installments. by RavensDark · · Score: 1

    And if they win, how exactly are they going to pay this stupidly large amount of money. I think the quote to remember is "operating within Russian law".

    --
    "Dark Wings, Dark Words"
    1. Re:Really, you can pay us off in Installments. by Anonymous Coward · · Score: 0

      Get it to be payable in rubles (at exchange rate as of date of verdict) and slowly pay it off (the post-WWI germany response to Treaty of Versailles). By the time the bulk is due, the value of the currency is a fraction of the original.

    2. Re:Really, you can pay us off in Installments. by Anonymous+McCartneyf · · Score: 1

      Correct. If Russia rules out in advance extraditing anyone to another country, even if that (hypothetical) person murdered a citizen of that other country, then Russia certainly won't allow some other country's record industry association to collect enormous fines from one of their own corporations.
      The Russian constitution seems to demand that all matters involving Russians be handled by Russia...

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    3. Re:Really, you can pay us off in Installments. by alephsmith · · Score: 1

      All they need to do is make it out to CASH.
      Let's see the RIAA try to find a bank that wont laugh in their face when they try and collect.

    4. Re:Really, you can pay us off in Installments. by tehSpork · · Score: 1

      allofmp3.com can simply give them a voucher to download all the songs in their database. Since the RIAA has assessed the worth of their library to be $1.65 Trillion that should about cover it. :)

    5. Re:Really, you can pay us off in Installments. by Anonymous+McCartneyf · · Score: 1

      No good. The RIAA thinks it already owns most of that database. [sigh]

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
  5. Re:FP by Anonymous Coward · · Score: 0

    Sorry to burst your bubble, but this was actually the second post.

  6. How excessive. by jb.hl.com · · Score: 5, Informative

    $1.65trillion is a fair bit more than the GDP of Russia as a whole.

    How fucking ludicrous and excessive. Jesus.

    --
    By summer it was all gone...now shesmovedon. --
    1. Re:How excessive. by Jugalator · · Score: 1

      I think the RIAA want to show the world how to own Russia. Literally...

      --
      Beware: In C++, your friends can see your privates!
    2. Re:How excessive. by dbIII · · Score: 5, Funny
      How fucking ludicrous and excessive. Jesus.

      You can get crucified for swearing on this site. Pilate.

    3. Re:How excessive. by tabacco · · Score: 1

      ...and about 1/12 the GDP of the US.

      I guess the record industry is suffering a lot more than it lets on, if its losses from allofmp3 were that bad.
      ^(not a serious statement)

    4. Re:How excessive. by fermion · · Score: 1
      Here is a question that I would like to ask the conservative group who tend to complain that jury awards are too high, and that said awards should only cover actual damages, or perhaps a small multiple of damages. For instance, if someone gets injured, even inadvertently, by your product, and you stonewall, as it often the case, then the reward should only cover the extent of the damage, perhaps not even the lawyer fees, even though it was your stonewalling that generated those lawyers fee, and if you would have paid the $1000 up front the lawyers would have never gotten rich?

      Contrast this philosophy with this case, which is largely enshrined by law passed over the past decade or so by conservatives. Here is an industry that generates 32 billion dollars a year. Even before the internet, even before it was easy to steal music, the industry never generated more than 25% more than that, so in round generous number let's say 50 billion. So, the damages of this music service is likely on the order of several billion, but a lawyer might be damages in the tens of billions. If we say that is some distress, such as the fact that artists have had breakdowns because they could not get another airplane, or executives did not have enough money to get their street drugs, then we could apply a multiplier. Such a multiplier might put in the few hundreds of billions. So there it is. Applying standard reasoning, we get to a number of perhaps, at the most $300 billion.

      So why is it, the used the rules applied to the common person, who perhaps lost a loved one due to the negligence of a corporations, they may not even be able to get enough money to pay lawyers fees and rebuild their life, but these same lawmakers pass legislation that says irrespective of proven damages, a corporation can ask for 50X global sales.

      There is a reason why the crooks were booted out on their asses.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    5. Re:How excessive. by mrchaotica · · Score: 1
      ...even before it was easy to steal music...

      What, are you kidding? Between UPCs, surveillance cameras, metal detectors, and soon probably RFIDs, stealing music is harder now than it's ever been! Not to mention, the new mail-delivery (like Amazon.com) and digital download (like the iTunes Store) retailers are literally impossible to steal from.

      --

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

    6. Re:How excessive. by Nazmun · · Score: 1

      Isn't the music industry as a whole like tenish billion? I remember seeing articles claiming that the game industry was about to overtake the music at around that mark.

      1.63 trillion is like 150 times the size of the entire industry. They surely aren't losing that much from ONE website.

      --
      Hmmm... Pie...
    7. Re:How excessive. by zotz · · Score: 1

      1. I would like to see the statutory damages done away with in copyright cases.

      2. I would like to see punitive damages go to some pool to help all people with similar suffering and not to the person bringing the suit or the lawyers. (You can get actual damages and perhaps even pain an suffering. BUT you don't get the damages the jury awards to punish.)

      I am open to discussion on these two points.

      And please, do you really think the dems hands are clean on this issue?

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
  7. Meanwhile AllofMp3 offers 20% bonus by Anonymous Coward · · Score: 5, Informative
    1. Re:Meanwhile AllofMp3 offers 20% bonus by Anonymous+McCartneyf · · Score: 1

      Of course it does. It's holding a classic "going-out-of business" sale. It may reopen under another name or site--businesses that run "going-out-of-business" sales often do--but it already knows that it won't be allowed to conduct business under its current name the way it had been.
      Good thing for its customers that Allofmp3 doesn't use DRM...

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    2. Re:Meanwhile AllofMp3 offers 20% bonus by Anonymous Coward · · Score: 1, Informative

      No, you're full of it - they did the same deal last year

    3. Re:Meanwhile AllofMp3 offers 20% bonus by fyoder · · Score: 1

      And they had some deal during the world cup. Bonus, plus if you guessed the score of a match or something, more bonus. And the more you spend, the more your basic bonus level increases. They are the Malfunctioning Eddie of music downloads.

      --
      Loose lips lose spit.
    4. Re:Meanwhile AllofMp3 offers 20% bonus by Duds · · Score: 1

      Well that is of course the point.

      It's a fair bet that Apple wille eventually go under or just switch off itunes. So then you have to break the DMCA or never listen to your music.

      Wonderful.

    5. Re:Meanwhile AllofMp3 offers 20% bonus by Simon+Garlick · · Score: 1

      Coming soon to a DNS server near you: ALLOFM4P.COM!

    6. Re:Meanwhile AllofMp3 offers 20% bonus by aussie_a · · Score: 1

      So then you have to break the DMCA And go to jail with rapists and murderers.
    7. Re:Meanwhile AllofMp3 offers 20% bonus by Anonymous+McCartneyf · · Score: 1

      Wikipedia says that Malfunctioning Eddie was inspired by someone called Crazy Eddie.
      Crazy Eddie has its own article. http://en.wikipedia.com/wiki/Crazy_Eddie (Yes, this article is about a corporation.)
      Judging from what Crazy Eddie's article says, we had better hope that Allofmp3 is not overly similar to it. It's bad enough that buying from Allofmp3 is illegal in America; it would be worse if they proved to be (almost) as corrupt as the RIAA...

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    8. Re:Meanwhile AllofMp3 offers 20% bonus by Anonymous+McCartneyf · · Score: 1

      You could back up the purchased iTunes onto CD now, as insurance. For the moment, that burns off all that pesky DRM. Of course, it also burns off the metadata, so you'll have to type the metadata back in when you put that music into your music manager of choice. And you will likely lose (even more) quality in the recording--it'll get recompressed. Assuming the results of that CD back-up turn out listenable, however, it's a small sacrifice to keep those songs playable.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
  8. It is ridiculous by ntufar · · Score: 5, Informative

    Russia's yearly gross domestic product is $1.576 trillion. RIAA's claim is little more than that, $1.65 trillion.

    1. Re:It is ridiculous by TEMMiNK · · Score: 1

      You're saying that $0.074 trillion isn't a lot?

      Depending on who you believe, a trillion (US) is at least 1,000,000,000,000 so $740,000,000,000 isn't much? Hmm, ok. At most a trillion (other than US) can be 1,000,000,000,000,000,000 which would make it $74,000,000,000,000,000.

      So in summary, you're wrong.

      --
      "The stupider people think you are, the more surprised they will be when you kill them..."
    2. Re:It is ridiculous by Anonymous Coward · · Score: 0

      how does a trillion possibly equal 2 values?
      Plus, the poster was simply pointing out that the RIAA is suing for more than the total GDP of Russia. In that, he's right.
      If you're trying to be a smartass in saying that it's not 'a little', stuff it.

    3. Re:It is ridiculous by Anonymous Coward · · Score: 0

      original billion = million million
      new english-speaker's billion = thousand million

      original trillion = million million million
      new english-speaker's trillion = million million

    4. Re:It is ridiculous by mabinogi · · Score: 1

      Even not counting the fact that no one counts like that any more (no, not even in England), I'm not sure what point you're trying to make.

      $0.074 trillion is a lot compared with $3.50 but it's not much compared to $1.576 trillion (4.7% in fact), no matter how you define trillion.

      Besides, it doesn't matter if the number is "a little" more than Russia's GDP, or a lot more than it, it's still an utterly ridiculous number.

      --
      Advanced users are users too!
    5. Re:It is ridiculous by Murasaki+Skies · · Score: 0

      The RIAA is not suing in PPP dollars, so Russia's GDP is actually about $0.76 trillion ( http://en.wikipedia.org/wiki/List_of_countries_by_ GDP_(nominal) ), less than half of what the RIAA wants. In their respective articles, Wikipedia only lists the sizes of countries' GDPs in PPP dollars, sadly, and I have little faith that this will change. I wish that nominal total (and per capita) GDPs were also shown. Don't tell me to edit the articles, because this is clearly a standard enacted by the Wikipedia gods.

      --
      Waiiii!!!!!! I have bad karma!
    6. Re:It is ridiculous by Anonymous Coward · · Score: 0

      Not to mention $0.074 trillion is $74 billion, not $740 billion.

  9. quadrouple dipped by mrshowtime · · Score: 5, Interesting

    I'm all for allofmymp3 and all of it's Russian counterparts. I lost my entire cd and record collection in Katrina and it was the only was to recover my collection instead of repurchasing all of the albums again.
    I am old enough to have bought my entire collection on records, tapes, cd's and for as much as I can SACD/HD audio. I am all for contributing to the machine if the records companies release NEW, higher quality recordings in the future, but I'm not repurchasing my cd collection. I've already paid my taxes to the RIAA Gods several times over.

    --
    "Jeremy, you need to get to an internet cafe and cut and paste some appropriate sentiments about me from the world wide
    1. Re:quadrouple dipped by mugnyte · · Score: 1


        i call nonsequiteur. if digital information can be backed up and stored to alleviate a disaster, then this fellow is simply using someone else's storage as his backup.

        also, if someone has a photo of your mom and you lost yours in a flood, wouldn't you want to get a copy of theirs? even if that photo wasn't taken by you, but (say) printed in a magazine. Would you feel unfettered about having to back-order the magazine again, just for that photo?

        Frankly, the Information Age is making digital information easy to copy, store and acquire. HE is the legal owner of that content - the physical presence is superfluous.

    2. Re:quadrouple dipped by kimvette · · Score: 1

      OK, RIAA astroturfer, what Russian law is allofmp3.com breaking?

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    3. Re:quadrouple dipped by Anonymous Coward · · Score: 0
      Another fucktard who doesn't understand information as a public and private good. The person replaced lost goods (that were previously PURCHASED) in an online setting, and therefore did not deprive the good of anyone else. And since CDs are sold as information, rather than the physical cd, it is a person's right to replace it (since access to the information is already owned).

      Check out Lievrouw's "Information and Equity" for a nice summation of the main approaches to conceptualizing information (all of which support this person's method of acquiring the information).

    4. Re:quadrouple dipped by Anonymous Coward · · Score: 0

      "I lost my entire cd and record collection in Katrina and it was the only was to recover my collection instead of repurchasing all of the albums again."
      What you didn't have replacement insurance? Guess you didn't care about your "collection" that much.

      "I've already paid my taxes to the RIAA Gods several times over."
      I feel the same way about food - fuck it, I've paid enough to the grocery stores.

      Stop rationalizing - you're breaking the law to benefit yourself. It's that simple.

    5. Re:quadrouple dipped by DrEldarion · · Score: 4, Insightful

      Hey, you know what I REALLY love? How everyone on the internet nowadays that either:

      a) has a viewpoint that may be in favor of a corporation/organization that some people don't like (Microsoft, RIAA, Sony, US Government, etc)
      or
      b) likes a product that's from a corporation that some people don't like (Zune, PS3, etc)

      is referred to as an "astroturfer" or "shill". That's quite honestly the worst argument since nazi comparisons, and I say we create a corollary to Godwin's Law just to cover it.

      Because, you know, people can't have opposing viewpoints and think for themselves any longer. If they disagree with you, they obviously are being paid to promote that point. (It's especially ironic since so many people get caught up in the Slashdot groupthink.)

    6. Re:quadrouple dipped by Anonymous Coward · · Score: 0

      say you lost a good book you hadn't finished: does that give you the right to download the content of the book somewhere and print it off?

      Actually that analogy is fine. I would say that's a perfectly reasonable and moral thing to do. (The car analogy is not fair because you are depriving someone of a costly physical object, whereas with information no-one is losing anything when you print off that copy.)

    7. Re:quadrouple dipped by kimvette · · Score: 3, Informative

      OK, to address the point more directly:

      mrshowtime was accused by the esteemed Anonymous Coward (which I referred to as astroturfer) to be stealing, as if depriving someone of belongings.

      However, mrshowtime purchased MP3s through a corporate entity which is operating totally in compliance with Russian law. This is aside from mrshowtime's Fair Use right to simply retain backup copies made in accordance with Fair Use.

      So, how is the esteemed Anonymous Coward NOT astroturfing for the RIAA, since mrshowtime is going out of his way to replace his music collection without even taking advantage of Fair Use?

      I'd argue that mrshowtime may be better off avoiding RIAA materials altogether and buy independent, or listen to classical or talk radio instead, but unfortunately that solution does not work for everyone, due to musical tastes, programming availability, and so forth.

      Equating mrshowtime's LEGAL purchases from a corporate entity which is operating LEGALLY to theft of physical goods is not even close to a fair comparison.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    8. Re:quadrouple dipped by eric76 · · Score: 5, Insightful

      Copyright violations aren't theft.

      Theft implies that you took something from someone else resulting in their loss of the use of the item.

      For example, if you steal my car, you have deprived me of the use of that car.

    9. Re:quadrouple dipped by Anonymous Coward · · Score: 0

      ...say you lost a good book you hadn't finished: does that give you the right to download the content of the book somewhere and print it off? Yes, yes of course it does.
    10. Re:quadrouple dipped by Opportunist · · Score: 1

      Hey, hey, hold your horses, it takes a while to buy a law in Russia.

      Jeesh, no patience those Westerners...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    11. Re:quadrouple dipped by dotwaffle · · Score: 1

      Stop rationalizing - you're breaking the law to benefit yourself. It's that simple.

      Actually, he's rationalising

    12. Re:quadrouple dipped by Anonymous+McCartneyf · · Score: 1

      It is okay to back-order a magazine to get a copy of a photo.
      It is okay to print the photo off a large subscription website whose purpose is to hold photos scanned from all the issues of that 'zine--or at any rate, I think most of us would have no problem doing it. If the subscription website is not being run by the 'zine, however, the 'zine might be irritated at losing possible back-issue/merchandise sales, especially if the 'zine has copyright on most of the photos.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    13. Re:quadrouple dipped by troll+-1 · · Score: 1

      OK, RIAA astroturfer, what Russian law is allofmp3.com breaking?

      I believe it's Paragraph 2 of Article 45 (Organizations for the Collective Administration of Economic Rights):

      The mandate for the collective administration of economic rights shall be entrusted either direct, by the owners of copyright or neighboring rights in written contracts, or under appropriate contracts with foreign organizations that administer equivalent rights.

      The RIAA is saying the Russian Multimedia and Internet Society (ROMS) to which allofmp3.com pays a fee to doesn't have "appropriate contracts" with the original copyright holders and is thus in violation of Russian Law.

    14. Re:quadrouple dipped by dotwaffle · · Score: 1

      DAMN YOU - NTL WEB CACHE!!!

      "Stop rationalizing - you're breaking the law to benefit yourself. It's that simple."

      Actually, he's rationalising quite well. If I buy something, and it gets destroyed, and for me to get a digital copy of those original works without detriment to the original artist or recording label, then that's fine from a moral standpoint, or it is at least with me.

      I've never bought anything from AllOfMP3, but you can get your bottom dollar that if I lost _all_ my music in a fire/theft situation, I sure as hell would consider putting $$$ towards the pockets of AllOfMP3, for the simple reason that they have what I want, how I want it. The price is a bonus to me.

    15. Re:quadrouple dipped by pete6677 · · Score: 1

      Who the hell sells CD replacement insurance? Are songs a product or a licensed service? The music industry would love to have it both ways but legally they can't. Wanting something and getting it are 2 different things. If they want CDs to be treated strictly as physical products, like food, then anyone can do anything they want with the product. The grocery store can't tell me who I can or can't give my food to. Lastly, you could at least have the balls to login while you troll.

    16. Re:quadrouple dipped by Maxo-Texas · · Score: 1

      He's not trolling.
      He's stating the current law.

      You are even *legally* obligated to delete your extra copies of songs if your original is stolen or breaks.

      People really need to wake up and get pissed off about these laws.

      Right now RIAA and others are being allowed ridiculous copyright terms (really anything over 17 years is probably immoral/unethical since that is the term for a patent; Likewise overvaluing their songs; likewise suing dead people, old people that never owned a computer, etc.).

      So far they just keep throwing money and buying laws because no one votes against congressmen who vote for these thugs.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    17. Re:quadrouple dipped by 1u3hr · · Score: 1
      But tell me, if someone steals your car, does that give you the right to take someone else's to replace it because you had already paid for the car?

      How many idiotic car=music analogies will we see today?

    18. Re:quadrouple dipped by Maxo-Texas · · Score: 2, Insightful

      No.

      Showtime said, "spin it how you want- you are BREAKING THE LAW"

      I've made this point here before. Feel free to break laws you feel are immoral- but do not fool yourself. Fooling yourself is the EASIEST way to getting caught. You start to believe your own bullshit and then you try to use it in court and they nail your ass to the wall.

      Argue the semantics however you want but any kind of sharing outside of a fair use copy of your own music or that captured from a source like a radio is breaking the law. You ARE eligible for huge fines so BE CAREFUL- keep a low profile.

      Allofmp3 is technically legal- I'm not sure how RIAA is going to try to enforce non-treaty law on a foreign company.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    19. Re:quadrouple dipped by uhlume · · Score: 1
      So, how is the esteemed Anonymous Coward NOT astroturfing for the RIAA, since mrshowtime is going out of his way to replace his music collection without even taking advantage of Fair Use?
      Because that's not what astroturfing means.

      Simply supporting $EvilCorp's stated position on an issue in a public forum does not automatically render someone an astroturfer or a shill.
      --
      SIERRA TANGO FOXTROT UNIFORM
    20. Re:quadrouple dipped by mrshowtime · · Score: 1

      My point was that I purchased every album I have ever owned on first records, then tapes, then cds and now SACD's. I am legally entitled to make backup copies of my albums (which I did) but my backups and my albums were carried away in a 43 foot wall of water. I am not stealing anything, just restoring my backups. I think at least THREE separate purchases of each album in my collection is enough. I also know people who use service like allofmymp3.com to simply make portable versions of their music, as it's too much trouble to convert their cd/record collections to MP3/OOG/WM/whatever.

      --
      "Jeremy, you need to get to an internet cafe and cut and paste some appropriate sentiments about me from the world wide
    21. Re:quadrouple dipped by 1u3hr · · Score: 1
      The RIAA is saying the Russian Multimedia and Internet Society (ROMS) to which allofmp3.com pays a fee to doesn't have "appropriate contracts" with the original copyright holders and is thus in violation of Russian Law.

      You don't need a contract with the copyright owner in the case of compulsory licensing (as is used in the USA for radio broadcast rights). In the absence of a contract, statutory royalties are set (apparently 15% in Russia). It doesn't seem unreasonable to use a provision based on broadcast rather than physical media (i.e. disks) for downloads.

    22. Re:quadrouple dipped by shark72 · · Score: 2, Insightful

      "OK, RIAA astroturfer, what Russian law is allofmp3.com breaking?"

      When allofmp3 made that "we are operating in accordance with Russian law" they were using a little clever wordplay of their own. They probably are operating within Russian law, but that's not the issue. They're trying to change the goalposts on you. The issue is that they are selling their product to US citizens. How far they're going to encourage business from the USA is something that I'm sure will be a key factor if this goes to trial.

      You remember how Amazon and ebay have gotten nailed for selling Nazi-related stuff in Germany? Amazon and ebay are US-based companies; yet they didn't try the "we are operating under US law" trick. The point is that they were doing business in Germany and (at least according to Germany) broke German law.

      There are also more mundane examples: Ford is a US-based companies; yet if they solicit business in another country (even if they're simply importing rather than building the product there), they have to produce cars that meet those countries' various regulatory requirements; if Country X has stricter requirements than our own, they can't sell US-spec cars in that country and use the "we are operating in accordance with US law" excuse.

      --
      Sitting in my day care, the art is decopainted.
    23. Re:quadrouple dipped by dirk · · Score: 1

      He's not astroturfing because that isn't what astroturfing is. Simply defending a corporation is not astroturfing (and you have no evidence that it was anything but that).

      But beyond that, Fair Use means you can make backups of your recordings, not buy a copy from elsewhere (whether this is allowed or not is still up in the air though). Second, while allofmp3 may be legal in Russia, it is in no way legal in the US. Something being legal in another country in no way makes it legal in this one, even if it is over the internet. It may be legal to buy pot in Amsterdam, that doesn't make it legal in the US. Unless mrshowtime has moved to Russia since Katrina, it is not a legal way for him to purchase mp3s.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    24. Re:quadrouple dipped by geobeck · · Score: 1

      ...or listen to classical...

      Just a note: Even though classical music has a much lower profile than rock/pop/rap/etc., a lot of it is produced by RIAA members. I don't see Mozart and Brahms complaining about file sharing on behalf of the RIAA (although that would be a neat trick), but I'm sure classical MP3s would be included in the total on someone's hard drive in a lawsuit.

      --
      Find environmentally and socially responsible products on http://buy-right.net
    25. Re:quadrouple dipped by Anonymous Coward · · Score: 0

      You don't need a contract with the copyright owner in the case of compulsory licensing.

      Compulsory licensing is *not* applicable to music sales.

    26. Re:quadrouple dipped by Anonymous+McCartneyf · · Score: 1

      Actually, physical CDs are covered under normal insurance if you include their value in the info you give the insurance company. You can then use the money to replace them, presuming that there are still copies of the CDs with the music you want on them. Unfortunately, and to my great frustration, record labels have been known to let CDs go out of print.
      What I believe the RIAA believes:
      Yes, you do own the CDs. You can do anything you like with them as long as it doesn't violate anything in the license for the music on the CDs. You can even sell CDs or give them away. Used CD stores are legal and common. Even Amazon sells used CDs.
      But the license to the music on a physical CD is (in the eyes of the RIAA) only valid if you actually have the physical CD. If you sell your CD, then it wants you to give the other person your back-up copies or else destroy your back-ups.
      Disclaimers:
      I am not an astroturfer for the RIAA, nor am I paid by it. My interest in their ways of thinking happened naturally.
      I do not approve of everything the RIAA does. The RIAA would not approve of everything I do with its work.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    27. Re:quadrouple dipped by cyberon22 · · Score: 1

      As far as I'm aware the Russian company is operating legally and making the payments required according to Russian law. The RIAA is displeased because the compulsory rates are set by the state at much lower levels than they are getting through alternate channels like iTunes.

      Compulsory licensing is not necessarily a bad thing (radio would not exist without it). The real irony is that if the RIAA is not getting paid, it is getting gamed by an organization which is supposed to be "representing" the organization in managing its IPR.

    28. Re:quadrouple dipped by Anonymous Coward · · Score: 0
      Hey, you know what I REALLY love? How everyone on the internet nowadays that either:
      [snip]
      is referred to as an "astroturfer" or "shill".

      Sorry, dude, but your friends in those "evil" corporations made that problem for themselves ... by actually hiring astroturfers and shills. Their own dishonesty has exposed any statement in support of them to the same sort of withering criticism that would usually be reserved only for marketroids. It's a little bit like terrorism: if you have your "fighters" dress like ordinary civilians to blend in with the populace, don't be surprised when your enemy bombs your civilian population.

    29. Re:quadrouple dipped by SleepyHappyDoc · · Score: 0

      I've already paid my taxes to the RIAA Gods several times over.

      Well, technically, you don't pay taxes to gods.

      "Give to Caesar what is Caesar's, and to God what is God's." Matthew 22:21 (NIV)

      --
      Stasis is death. Embrace change.
    30. Re:quadrouple dipped by Anonymous Coward · · Score: 0

      "Copyright violations aren't theft.
      Theft implies that you took something from someone else resulting in their loss of the use of the item.
      For example, if you steal my car, you have deprived me of the use of that car."


      It may not be theft, but it could still be wrong. Then you find yourself in a position of defending something that is wrong.

      For example, say you have a very hot wife or girlfriend with seemingly endless libido. In the morning, you go to work. While you are at work, some of her male admirers drop by because your w/g enjoys the company rather intensely, and it's mutual. She has so much libido that you never notice the difference in the evening when you come home. Adn there is no evidence of any kind for you to even suspect a thing.

      So...you were not deprived, right? It may not be theft, but you might have a hard time agreeing that it's not wrong.

    31. Re:quadrouple dipped by Propaganda13 · · Score: 1

      So you're ok with paying someone else for your music again? That's retarded.
      If you didn't collect insurance money for the lost collection, I could see downloading free copies. (Preferably receipts, proof of purchase, destroyed media, etc. of the original collection would be kept) Keeping copies of receipts, pictures and inventory lists of valuable items offsite (physically and electronically) is a good practice.

      AllofMP3 is stating that they are following all of their countries laws including paying royalty fees to ROMS. I doubt they will be shutdown or actually pay any money. Changes in Russian law could affect how they conduct business in the future though.

      If you're in a country that has extra fees attached to blank media to cover the possibility that you might use it for piracy, doesn't that mean you've already paid the **AA their money?

    32. Re:quadrouple dipped by tigga · · Score: 1
      statutory royalties are set (apparently 15% in Russia)

      And where did royalties go?

    33. Re:quadrouple dipped by Teresita · · Score: 5, Funny

      statutory royalties are set (apparently 15% in Russia)
      And where did royalties go?


      Bad things happen to royalties in Russia. Just ask Anastasia.

    34. Re:quadrouple dipped by Anonymous Coward · · Score: 0

      Worst. Analogy. Ever.

    35. Re:quadrouple dipped by TapeCutter · · Score: 1

      "And where did royalties go?"

      The standard Russian fees have been offered to the RIAA, but they have refused to accept the payments.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    36. Re:quadrouple dipped by 1u3hr · · Score: 1
      And where did royalties go?

      Supposedly paid to ROMS, the Russian copyright agency. If the RIAA tried to collect from them and failed, they could claim fraud. Until then AllofMP3 deserves to be given the benefit of the doubt.

    37. Re:quadrouple dipped by tigga · · Score: 1
      making the payments required according to Russian law

      And where payments go? - To some shady entity just to have an excuse in Russian law..

    38. Re:quadrouple dipped by whoever57 · · Score: 1
      You remember how Amazon and ebay have gotten nailed for selling Nazi-related stuff in Germany? Amazon and ebay are US-based companies; yet they didn't try the "we are operating under US law" trick. The point is that they were doing business in Germany and (at least according to Germany) broke German law.
      Where was it that you missed the fact that these companies have offices and employees in those Germany amd a .de domain name? The German operations of eBay and Amazon were vulnerable to being prosecuted in Germany.
      --
      The real "Libtards" are the Libertarians!
    39. Re:quadrouple dipped by AC5398 · · Score: 1

      *Unless mrshowtime has moved to Russia since Katrina, it is not a legal way for him to purchase mp3s.*

      Says who? Or more to the point, says what?

      Is there a portion of the DMCA that covers downloading music from servers/companies physically located outside the US? Or is this part of different legislation? I'm genuinely interested in this as up until your statement, no one has even hinted that it's illegal for Americans to purchase music outside the US.

    40. Re:quadrouple dipped by Anonymous+McCartneyf · · Score: 1

      The works of Mozart and Brahms are public domain, so it wouldn't matter what they thought. But there are no recordings of their original performances, since recording media for music had not yet been invented. All recordings of Mozart and Brahms are "cover versions"; many of those are copyrighted.
      I suspect that many older classical pieces can be found in both RIAA and non-RIAA versions.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    41. Re:quadrouple dipped by dekkerdreyer · · Score: 3, Insightful

      Correct. A good analogy of copyright violation is that, instead of taking your car, I simply make a copy of your car that looks and runs the same.

      RIAA wants 150,000 * retail_cost for the songs. That means that if you bought a $10,000 Neon, and I made a copy of it, that I would owe Dodge... 1.5 billion.

      The moral of the story is don't buy a Neon.

      --
      Dekker Dreyer
    42. Re:quadrouple dipped by cyberon22 · · Score: 1

      Whenever universities make photocopies for textbooks, they are supposed to pay a federal copyright association. This is an example of compulsory licensing in America and is the reason why photocopied textbooks are so expensive. The original authors very rarely see any of this money.

      Is the solution to eliminate compulsory licensing? Is it to reform the institutions? There are legitimate problems here, but the answers are probably not black and white. I'm not sure what should be done with AllofMp3.com, and would be much more sympathetic to the organization if its homepage were in Russian rather than English.

    43. Re:quadrouple dipped by lgw · · Score: 1
      Who the hell sells CD replacement insurance?

      Any insurance company? I have renters insurance. If a hurricane wipes out my CD collection, it's a claim just like if a hurricane destroys my TV, or my book collection.
      --
      Socialism: a lie told by totalitarians and believed by fools.
    44. Re:quadrouple dipped by Anonymous Coward · · Score: 0

      If I had mod points, I'd give you a funny for that gem.

    45. Re:quadrouple dipped by hey! · · Score: 1

      And since CDs are sold as information, rather than the physical cd, it is a person's right to replace it (since access to the information is already owned).


      I don't think this is correct. Music CD's are sold as physical artifacts that contain a copy of information. While naturally we buy them for the information they contain, we do not own that information, only the physical carrier. Nor is music commonly licensed as software is. Which means the only thing we own, technically speaking, is the physical carrier.

      This is a simple side effect of the copyight strategy: assuming adequate physical copies are difficult to make, then controlling the copying process is a convenient way to renumerate artists. Of course, the copyright strategy is no longer based on sound assumptions, which leads us (incorrectly) into assuming that ownership of the medium confers some rights over the information contained in it.

      I think the argument might be stronger if you were replacing your DRM'd music downloads. In that case, you are purchasing no physical medium, only a right to use the information in certain ways.
      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    46. Re:quadrouple dipped by assassinator42 · · Score: 1

      Wait, seriously? I thought the whole point of a backup was to have a copy in case the original breaks or is stolen. I'm sure that wouldn't stand up in court if challenged.

    47. Re:quadrouple dipped by mrchaotica · · Score: 1

      No, the payments go to a legal entity -- specifically, ROMS, "the national Russian organization providing professional collective management of authors' property rights and protection of interests of rightsholders in cases of use of their works in digital interactive networks, including the Internet."

      --

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

    48. Re:quadrouple dipped by Anonymous Coward · · Score: 0

      If someone plugs into the cable TV network of an apartment building without paying the cable company, have they committed theft? By your logic, the cable company has not lost the use of anything so I guess you disaprove of calling this offense "theft of services". Or is it that you think no offense has been committed?

    49. Re:quadrouple dipped by cpt+kangarooski · · Score: 1

      What I believe the RIAA believes:
      Yes, you do own the CDs. You can do anything you like with them as long as it doesn't violate anything in the license for the music on the CDs. You can even sell CDs or give them away. Used CD stores are legal and common. Even Amazon sells used CDs.
      But the license to the music on a physical CD is (in the eyes of the RIAA) only valid if you actually have the physical CD. If you sell your CD, then it wants you to give the other person your back-up copies or else destroy your back-ups.


      They don't actually believe that. For ordinary consumer CDs, there is no license. The same is true of other copyrighted media at the consumer level, e.g. books, movies, paintings, etc. Software is very anomalous, and in fact there is argument as to whether the attempts by software developers to use licenses are even effective, i.e. whether there really are such things as EULAs that are enforcible, regardless of whether a developer claims that there is. Certainly there is no reason to have EULAs for software -- or anything else -- as far as I have been able to tell, or as far as other lawyers in the field that I've discussed the issue with know.

      What the RIAA thinks is that they sell CDs. The law says that if a CD was made lawfully, then the owner of the CD (not the copyright, but the tangible disc) can sell it. The law even allows rental (which is what video stores use) but, due to RIAA lobbying, not for CDs, actually. (Though CD rental is known in other countries, e.g. Japan). And since the law only prohibits certain specific things, and not just anything, you can do anything you like with the CD and the music therein, so long as you don't break the law.

      One thing the law prohibits is making more copies of the CD. It is only legal to do that under certain conditions. One legal method is to use the AHRA, but the conditions that are required for that are somewhat out of the ordinary, and almost no one bothers. The other way is fair use. But anything can be a fair use or not, depending on the specific circumstances involved. It's impossible to say that all CD to computer ripping is fair or not as a blanket statement. It will depend on each individual instance of it, and what is fair for Alice to do might not be fair for Bob to do. It is generally believed -- though not strongly founded in the law -- that if a person owns a lawfully made copy, and makes another for their own use (e.g. they take a CD they bought at the store and rip it to an iPod via a computer) then that's probably fair. But since the totality of the circumstances must be considered in deciding whether it's fair or not, a lot will hinge on whether you merely are shifting around something you legitimately own a copy of, or whether you are basically trying to avoid having to pay for music (e.g. by buying a copy, ripping it, then turning around and selling the original, while keeping the ripped copy). That said, if you rip a copy and it is a fair use, then that copy is just as lawfully made as the one from the store. The issue is simply how long after making that rip will your actions still be considered as a part of the fair use analysis governing that rip?

      Really though, the only people who think that licenses are common are people who think that software industry norms are common. In fact they're bizarre and probably a bad idea. I would suggest that you abandon the idea of CDs and the like being licensed, and push against the idea of consumer licenses for software as well. The industry doesn't really need them, consumers don't need them, and they just gum up the works.

      --
      -- 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.
    50. Re:quadrouple dipped by cpt+kangarooski · · Score: 1

      Well, yeah, but no one owns the information. Owning information is impossible, and if it were possible, we wouldn't need copyright, which tries to some extent to simulate what it would be like if we could.

      --
      -- 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.
    51. Re:quadrouple dipped by westlake · · Score: 2, Informative
      Correct. A good analogy of copyright violation is that, instead of taking your car, I simply make a copy of your car that looks and runs the same.

      no. it means you built a factory and showroom in Russia for the production and distribution of the counterfeit. which you are now offering to buyers in the U.S. for shipment at a cut-rate price.

      the intangible property right of exclusive distribution is something that can be stolen.

    52. Re:quadrouple dipped by cpt+kangarooski · · Score: 1

      OTOH, it could be illegal, but not be right, or wrong, or have any moral component whatsoever.

      For example, is it immoral to jaywalk, or to put up a picket fence when the building code specifies wrought-iron, or to ignore Prohibition back when we had it?

      Copyright is utilitarian. It's not founded in morality, and if it were, it's the pirates who have the moral high ground. After all, they're the ones who want to spread creative works to everyone who wants to enjoy them, they're the ones who use them, they're the ones who create works based upon them. Copyright holders want to stop this free flow of public, published, non-personal information that forms a central part of our culture, so that they can make money by doling it out to those that can afford it. There might be good practical reasons for letting them do that, but there are no moral reasons 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.
    53. Re:quadrouple dipped by cpt+kangarooski · · Score: 1

      You are even *legally* obligated to delete your extra copies of songs if your original is stolen or breaks.

      No, that's not true.

      People really need to wake up and get pissed off about these laws.

      That's true, but first they need to know what the laws actually are. I mainly stick around on /. for that reason, in fact.

      eally anything over 17 years is probably immoral/unethical since that is the term for a patent

      Actually, patents went up to 20 years about 10 years ago, and they used to be 14 years well before that. Personally, though, I'd rather let each term be dictated by what is best for the public in that particular field. Copyrights on software could probably stand to be no more than 5 years, since it 'ages' rapidly. But a copyright on a movie could probably be somewhat longer. And neither has much to do with what the best patent term for a drug, or a new kind of battery, etc. might happen to be. Let's avoid easy solutions like an arbitrary 14 years, and look for what produces the best results for the public, hm?

      --
      -- 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.
    54. Re:quadrouple dipped by Anonymous+McCartneyf · · Score: 1

      Thank you. I'll be happy to abandon the idea of CDs and other fixed intellectual property being licensed. The copyright laws are enough, except when they're too much.
      I guess you figured out that I am not a lawyer...
      BTW, I put you on my friends list because of your posts in this thread. Thanks again.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    55. Re:quadrouple dipped by shark72 · · Score: 1

      "Where was it that you missed the fact that these companies have offices and employees in those Germany amd a .de domain name? The German operations of eBay and Amazon were vulnerable to being prosecuted in Germany."

      I figured that'd be a source of confusion, which is why I mentioned that you can be nailed for non-compliance of local laws even if you're simply importing items (such as cars in my example). I covered that in the last paragraph, so I can see how you may have missed it. You don't need to have office space or an appropriate domain name to be considered doing business in a country... you just have to be offering your product for sale.

      If this goes to court, I think this will be a key issue: is allofmp3 actively offering their products for sale in the US? The record companies will say that they are, since they're publishing their site in English and making no efforts to prevent sales to US citizens beyond a caveat emptor statement which, in the past, often hasn't offered as much protection to sellers as they've hoped. Allofmp3 might claim that their offering their site in English isn't an explicit offer of sale to US citizens (as English is spoken everywhere) and that their disclaimer about checking local laws protects them (I'm inclined to disagree). They might also claim that they lack the technical ability to block sales from the US.

      --
      Sitting in my day care, the art is decopainted.
    56. Re:quadrouple dipped by tepples · · Score: 1

      but my backups and my albums were carried away in a 43 foot wall of water.

      Then your flood insurance company should buy you new backups and albums. The fact that you have purchased a copy does not permit you to download a second copy. UMG v. MP3.com.

    57. Re:quadrouple dipped by whoever57 · · Score: 1
      I figured that'd be a source of confusion, which is why I mentioned that you can be nailed for non-compliance of local laws even if you're simply importing items (such as cars in my example).
      Let me suggest that you look up the word "import". It's difficult, no, impossible to "import" unless you have a presence in the country. Otherwise it is called "exporting".
      If Ford had no presence in Germany, then there would be no German law that would apply to Ford's exporting of cars to Germany. However, the recipient may well be in trouble if the cars did not meet German specs. Also the cars would likely be stopped at Customs, but this does not create a legal liability for Ford US, unless there is a US law (such a a trade agreement) that Ford US was in violation of.
      --
      The real "Libtards" are the Libertarians!
    58. Re:quadrouple dipped by popo · · Score: 2, Insightful

      Do you store receipts for everything you own in someplace outside your house (and city)?

      One of the big problems with Katrina losses is that so frequently all evidence of
      ownership and purchase was also washed away.

      --
      ------ The best brain training is now totally free : )
    59. Re:quadrouple dipped by mikey182 · · Score: 1

      > If they disagree with you, they obviously are being paid to promote that point.

      Unfortunately when fighting against such business practises becoming the status quo, when they happen to have a whole lot of financial and legal clout this is especially true: If you're not part of the solution you're part of the problem.

      That is why people feel the need to scream at those who publicly defend these organisations - it might not be logical or even very smart, but it's always going to happen. Perhaps if you don't feel strongly about it, one way or the other, you might like to keep your thoughts to yourself and let the stakeholders fight their battles without you in the way ?

      That's not a demand of couse - do what you like - but just a suggestion that there might be an answer to your (rhetorical ?) question.

    60. Re:quadrouple dipped by Anonymous Coward · · Score: 0

      Ford has factories in Germany and other places in Europe (Spain, Belgium) and produces a separate line of cars to local specs and market demands.

    61. Re:quadrouple dipped by Technician · · Score: 1

      If you're in a country that has extra fees attached to blank media to cover the possibility that you might use it for piracy, doesn't that mean you've already paid the **AA their money?


      Yes. In the US the Data CDR is a computer data device. The Music CDR on the other hand is a music storage medium and has been taxed. Be sure to store all your pirated copies properly on Music CDR's, not on Data CDR's. If I paid for it in the tax then I have the permission.

      --
      The truth shall set you free!
    62. Re:quadrouple dipped by Mixel · · Score: 1

      Well then, it is only fair to say that AllofMP3 is in the export business, and therefore exempt? It does not import anything into the US (the customer does the importing).

    63. Re:quadrouple dipped by cowbutt · · Score: 1
      Who the hell sells CD replacement insurance?

      Any insurance company? I have renters insurance. If a hurricane wipes out my CD collection, it's a claim just like if a hurricane destroys my TV, or my book collection.

      If you're relying upon that, you might like to double-check your policy. All my (admittedly UK) contents policies have specifically excluded CDs, CD-Roms, DVDs, video tapes, cassette tapes and so on.

    64. Re:quadrouple dipped by Propaganda13 · · Score: 1

      Yes, for anything of value.
      Take pictures of the items, record brand/model and serial # if applicable, and a scan of receipts can be kept electronically online through online storage, email, etc. Physical copies can be stored in a safety deposit box, with family members, or possibly lawyers and insurance agents.
      Multiple locations is ideal and only have to update once or twice a year or after large purchase.

      Just because people didn't doesn't mean that they shouldn't. Learn from their mistakes.

    65. Re:quadrouple dipped by Anonymous Coward · · Score: 0
      All of this talk of "owning" or "purchasing[...] a right to use the information in certain ways" sounds pretty convoluted to me. What you're describing here is renting, or leasing.

      At one point, the overwhelming majority of our ancestors were not allowed to own land, they could only buy (lease) it from their lords for 99 years. Thankfully, we did away with that practice (for the most part) -- as it became hopelessly outdated. As our World is changing again and as some of our current laws become less and less enforceable, it may be wise to change our assumptions about the ownership (leasing) of music -- as we did for the ownership (leasing) of the land.

    66. Re:quadrouple dipped by hey! · · Score: 1

      I agree with you. However what are "ownd" are sets of legally recognized rights. These rights are alienable -- they can be bought & sold.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    67. Re:quadrouple dipped by Anonymous Coward · · Score: 0
      Feel free to break laws you feel are immoral- but do not fool yourself. Fooling yourself is the EASIEST way to getting caught. You start to believe your own bullshit and then you try to use it in court and they nail your ass to the wall.

      Never get out of the boat. Absolutely goddamn right. Unless you were goin' all the way.

    68. Re:quadrouple dipped by Maxo-Texas · · Score: 1

      Seriously. It was reported here a few months ago.

      Here's a link that I could find easily but I remember a story here at slashdot about this as well.

      http://williampatry.blogspot.com/2005/10/first-sal e-hard-copies-and-digital.html

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    69. Re:quadrouple dipped by Maxo-Texas · · Score: 1

      Sorry dude, but it is true.

      Here's a link that I could google easily but I remember a story here at slashdot about this as well. This link is not as cut and dried as the slash post that included stolen cd's as well.

      http://williampatry.blogspot.com/2005/10/first-sal e-hard-copies-and-digital.html [blogspot.com] ...A spokesperson for the Recording Industry Association of America, the group known for filing lawsuits to stop digital-music swapping, pointed me to a document from the Copyright Office to support the idea that you aren't allowed to keep a digital music file once you sell the physical CD...
      I e-mailed a top industry executive, whose assistant contacted me to say my rights to digital music would end when I sell the physical CD. But the executive was apparently wary of expressing that view in public, as his assistant suggested I refer to him as "an unnamed industry source.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    70. Re:quadrouple dipped by dragonsomnolent · · Score: 1

      True that ford could not set up a shop in that foreign land and sell cars not meeting the standards, but what if a citizen of County X comes to the U.S. and buys the car, and takes it home with him? Can Country X's automobile manufacturing alliance sue Ford because the CXAMA (Country X Automobile Manufacturing Alliance) says the car doesn't meet standards? (Or Better Yet, Ford isn't paying them fees to sell the car in Country X?) This car analogy is really bad for comparing to music anyway, so sorry if I don't make sense.

      --
      I got nuthin
    71. Re:quadrouple dipped by cpt+kangarooski · · Score: 1

      You might have wanted to read Patry's blog entry a little more carefully. Almost all of that entry is a quote of an article that someone else wrote. Patry's own comments don't appear until the very end. He says this:

      Here's my reaction to the story: If one links on to the Executive Summary to the Copyright Office's DMCA report provided above, at pages 6-8 , you will find discussion of a proposal to amend the first sale doctrine in Section 109 to provide that where someone's lawfully made copy for 109 purposes was in digital form, that copy could be transmitted to a friend etc., so long as the "original" digital copy is deleted. The Office agreed that the current Section 109 is technologically neutral; that is it applies to lawfully made digital copies, but it declined to endorse the proposal both because of perceived differences in the way hard copy and digital copies degrade and because of doubts about verification of deletion.

      But nothing in the report, or the law I am familiar with, says that if you own a lawfully made hard copy, like a CD, and you then make, for personal use, a digital copy, you can't sell the CD. Of course you can. You can sell your lawfully made CD even if the making of your digital copying is illegal: absent some contract provision, the two issues are totally separate.


      The discussion in the comments (which Patry participates in) is worth reading. Eventually they get to the issue of concern, which is whether selling the original CDs after making copies which arguably fall under fair use, could retroactively change the fair use analysis that governed that instance of copying, and if so, under what circumstances. The plain reading of the law actually doesn't indicate that there is any legal problem with this at all; so long as it was fair use at the time of making the copies, those copies are lawfully made, and remain so forever. (And in fact, this permits one to not only sell the original CDs, but to even separately sell the copies, since first sale applies to all lawfully made copies, regardless of whether they were authorized or not) But the more conservative reading, which is also my take on it, is that courts aren't going to give their blessing to someone who has a calculated, deliberate practice of buying CDs, copying them, returning the CDs, and enjoying (or selling) the copies they made, and so will expand their fair use analysis to include later events that indicate the intent of the defendant at the time of the copying. This would stop the person who makes a habit out of making copies of CDs that are only briefly in their possession for that purpose, but would avoid harming the person who merely happens to do so, but didn't make their copies with that in mind.

      --
      -- 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.
    72. Re:quadrouple dipped by Skylinux · · Score: 1

      Score:5, Insightful - WTF?

      Somebody produces something, be it a car, a program or music. Once the product is ready it IS a physical item.

      Now if the creator wants to sell their produced item to person A but person A already stole the music or program then the creator can not sell his/her product to person A anymore.
      Therefore, person A stole from the creator and the creator was deprived of the sale.

      --
      Everyone who buys Wild Hunt will receive 16 specially prepared DLCs absolutely for free, regardless of platform.
    73. Re:quadrouple dipped by xantho · · Score: 1

      It is likely that the customs agency of the country that the automobile is being imported to would not allow that automobile into the country, i.e., it couldn't get through customs, unless the customs agency was satisfied that the automobile met the relevant safety and quality standards that are required of automobiles entering that country. In other words, the person doing the importing would have all of the responsibility of meeting whatever demands customs puts on the importation, including fees based on the declared value of the automobile, prior to being allowed to import the automobile into the country.

      I mean, if I make a glass of pink lemonade and give it to you, who am I to tell you not to take it to Zaire. You do with it whatever you want.

    74. Re:quadrouple dipped by Maxo-Texas · · Score: 1

      Okay.

      This is all legal under current copyright law.

      I will grant that only Sony is explictly enforcing there licenses. However in my prior post above, the unnamed music executive said it was true for all music.

      http://www.cnet.com/4520-6033_1-6376177.html

      And in a deep-dive into the Sony end-user license agreement, the Electronic Frontier Foundation found some astonishing fine print. For example, if you lose the original CD or it's stolen, you lose the right to any digital copies you've made. You can't keep your music on computers at work. You must delete your songs if you move out of the country or if you file for bankruptcy. The list goes on and on.

      http://lfpress.ca/newsstand/Opinion/Columnists/Mil lar_John/2005/12/02/1333437-sun.html
      According to an analysis conducted by the Electronic Frontier Foundation (EFF), a non-profit organization that describes itself as "working to protect your digital rights," the Sony fine print contains astonishing wording. An example is the requirement that if you lose the original CD or if the CD is stolen, you lose the right to any digital copies you may have made.

      http://www.eff.org/deeplinks/archives/004145.php

            1. If your house gets burgled, you have to delete all your music from your laptop when you get home. That's because the EULA says that your rights to any copies terminate as soon as you no longer possess the original CD.

            2. You can't keep your music on any computers at work. The EULA only gives you the right to put copies on a "personal home computer system owned by you."

            3. If you move out of the country, you have to delete all your music. The EULA specifically forbids "export" outside the country where you reside.

            4. You must install any and all updates, or else lose the music on your computer. The EULA immediately terminates if you fail to install any update. No more holding out on those hobble-ware downgrades masquerading as updates.

            5. Sony-BMG can install and use backdoors in the copy protection software or media player to "enforce their rights" against you, at any time, without notice. And Sony-BMG disclaims any liability if this "self help" crashes your computer, exposes you to security risks, or any other harm.

            6. The EULA says Sony-BMG will never be liable to you for more than $5.00. That's right, no matter what happens, you can't even get back what you paid for the CD.

            7. If you file for bankruptcy, you have to delete all the music on your computer. Seriously.

            8. You have no right to transfer the music on your computer, even along with the original CD.

            9. Forget about using the music as a soundtrack for your latest family photo slideshow, or mash-ups, or sampling. The EULA forbids changing, altering, or make derivative works from the music on your computer.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    75. Re:quadrouple dipped by Anonymous Coward · · Score: 0

      Yeah, but if you steal an mp3 you deprive a record exec the purchase of a shiny new mercedes.

    76. Re:quadrouple dipped by Anonymous Coward · · Score: 0

      Actually, copyright does not cover "information." It only covers creative expression of ideas. Patent law covers information. Hope this helps.

    77. Re:quadrouple dipped by zoftie · · Score: 1

      I think it comes down to these points:
        1. most don't have in depth grasp of what they are talking about
        2. alot of us have vested interest why we think so, without (1)

      Each one is attributed to me, in many times. Internet is however
      a liberty device, where you don't have to have a licence to
      produce an opinion. Licence is with the reader, to accept, to reject
      or to ridicule opinion of the other writer.

      It is all great, but quality of information is falling, because
      there is a secondary market of information. Produced by sources
      with less then credible backgrounds, in areas of research on topics(1).

      All in all, a brave new world.

    78. Re:quadrouple dipped by lgw · · Score: 1

      I guess it's different in the States, or at least it was in Florida. I'll be sure to double-check as I shop for insurance in California. Profit margins on renter's insurance tend to be pretty high, and from what I hear the insurance companies don't buther to quibble after a disaster (of course, people are usually very underinsured, so it would be pointless).

      --
      Socialism: a lie told by totalitarians and believed by fools.
    79. Re:quadrouple dipped by cpt+kangarooski · · Score: 1

      Yes, but it's pretty exceptional. If you'll look at the EFF article you linked to, you'll see that the norm for music distributed on CD is that there is no licensure at all -- you simply own the CD, and have rights to do whatever you want to it, and the music therein, so long as you don't break the law in the process. You can see how far Sony had to go in order to try to deviate from this norm, and you'll note that even now, pretty much no one does it, and IIRC Sony has backed off for now. Still, I'd prefer to see the actual text of the thing, rather than rely on other peoples' readings of 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.
    80. Re:quadrouple dipped by Maxo-Texas · · Score: 1

      Yes but in the my original post, the opinion of record industry executives is that this is true even without the license.

      And it is *trivial* to see their logic.
      the black and white...

      You buy the CD, make a copy of a song and then sell the CD- you clearly lose the right to keep copies of the song.
      You buy the CD, make a copy of a song and then give away the CD- you clearly lose the right to keep copies of the song.
      And clearly if they can prove this, they can hit you for a bogus $750 infringement fine.

      the grey...

      You buy the CD and it breaks- they argue you lose the rights- a reasonable person would say you had the rights to copies (FROM that CD- not from other sources) as long as you had possession of the broken CD.

      You buy the CD and it is stolen- how can you prove to them that it was not sold, given away, or broken and thrown away? Without the CD to prove you have legal ownership of the song- how can you prove the mp3 on your hard drive is not an illegal download?

      ---

      Hell- I hate them and even I can see their logic. I argue the license to the music should be stored externally so you can easily qualify for an inexpensive replacement of the song.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    81. Re:quadrouple dipped by cpt+kangarooski · · Score: 1

      Yes but in the my original post, the opinion of record industry executives is that this is true even without the license.

      Perhaps, but that doesn't mean that they actually know the law all that well either. Who do you think hires copyright lawyers? Honestly, though, I find it doubtful.

      You buy the CD, make a copy of a song and then sell the CD- you clearly lose the right to keep copies of the song.

      No, it's not clear. In fact, Patry, who has advised Congress, writes an influential treatise, teaches, and is a big-name copyright lawyer, and who you were citing earlier, thinks that you don't lose any rights in such an example.

      You buy the CD, make a copy of a song and then give away the CD- you clearly lose the right to keep copies of the song.

      This is not distinguishable from the previous example. Sell, give, whatever, it's all the same for our purposes.

      You buy the CD and it breaks- they argue you lose the rights- a reasonable person would say you had the rights to copies (FROM that CD- not from other sources) as long as you had possession of the broken CD.

      No, possession of the broken copy wouldn't be relevant, and neither would the source, really (though the provider may face a stand-in-the-shoes problem).

      I think that you are forgetting or misunderstanding that copyright law does not prohibit possession of anything. Rather it prohibits certain actions. Making a copy may be unlawful. Possessing an unlawfully-made copy is never unlawful, however. This is why it is wrong to speak of infringing copies, since there is no such thing; copies don't infringe, people do. The copies are just made in an infringing manner. This is why Patry takes the position that he does -- because what he sees as key is whether the copies were made lawfully at the time that they were made since nothing that comes later is even slightly relevant. My more conservative position is that a court might consider events that occurred after the time the copies were made in order to determine whether the copies were made lawfully at the time they were made. But even then, the issue is still whether the copies were made lawfully. If they were, then they'll be lawfully-made copies forever, and nothing can ever change that. And if they were made unlawfully, then they are unlawfully made copies forever, and nothing can change that either.

      Hell- I hate them and even I can see their logic. I argue the license to the music should be stored externally so you can easily qualify for an inexpensive replacement of the song.

      I'm sorry, but that's faulty logic, then. There is no such thing as a license to music that comes on CDs in stores at the consumer level. Apparently Sony was trying something (and it was blatant) and they seem to have stopped trying. You're basically arguing nonsensical stuff that is simply not related to what the law actually is.

      What the law says, and what therefore applies in the absence of a license that you simply could not fail to miss if it existed (it usually doesn't, which is why you don't notice them) is that the act of making a copy of music might be illegal, but that if it is legal, then nothing that happens to the original will ever have any effect on the copy. The legal discussions you were looking at were people trying to figure out whether the making of the copy would be legal at all. Everyone knowledgable on this is in agreement that legal copies are legal forever and that there is simply no such law that you have to get rid of them along with the original.

      There is a law that is like that in conjunction with software, but it doesn't apply to music, or to copies made under the aegis of fair use. It only applies to copies made pursuant to 17 USC 117. Ironically, almost no one ever uses 117, because EULAs, if they are effective, interfere 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.
    82. Re:quadrouple dipped by Maxo-Texas · · Score: 1

      I can't understand what part of copying a song and then selling/giving away the CD would constitute "fair use".

      If I hear you right, we could all pass around the same CD (call it CD#1) to a few million people, each making copies of songs off of CD#1 and you believe that it would be legal for all few million of us to each keep copies of the songs made from that CD regardless of who had physical possession of the CD.

      I think that is an unreasonable viewpoint and that it effectively says there is no copyright. I don't think your view would fly in court. I think if you organized a band of people and published the fact that a few thousand of you were "sharing" a single CD that the music companies would come after you and they would win.

      My view is that Sony explicitly said what they all believe to be implicitly true anyway.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    83. Re:quadrouple dipped by Anonymous Coward · · Score: 0

      Well, let's say space shifting a song by, eg, ripping it to my iPod is legal. A couple of years go by and friend offers me $5 for the original CD. If making the first copy was a fair use, then that's a legal copy. I don't lose it when I also legally sell my CD a few years later.

    84. Re:quadrouple dipped by cpt+kangarooski · · Score: 1

      You're conflating two different things.

      Creating a new copy is reproduction. It is infringing, unless there is a applicable exception. Transferring possession or ownership of a copy is distribution. It is also infringing, unless there is a applicable exception. Possession is not infringing, ever.

      Let's start with distribution, since it's simpler. It is illegal to distribute any copy, even original copies made by the copyright holder, unless there is an applicable exception. The most commonly used exception for distribution is first sale, which is codified at 17 USC 109. It basically says that distribution of copies which are lawfully made is not an infringement. For example, if you buy a CD at a store, and the CD was lawfully made by the copyright holder (or under his authority), then that is a lawfully made CD and you can turn around and give it away, sell it, etc. OTOH, if you buy a CD from someone on Canal Street in New York, and the CD was unlawfully made by a pirate, then that is an unlawfully made CD, and it is just as illegal for you to sell it or give it away as it was for the person on the street to sell it to you. Nevertheless, since possession is not infringing, it is lawful for you to own the CD and use it, so long as you don't distribute it further.

      It is important to note that the first sale law allows redistribution of lawfully made copies, rather than authorizedly made copies. If a copy is lawfully made without the authorization of the copyright holder, then it is exactly as lawfully made as one that was made with authorization. There is no legal difference between the two copies. So if you can find a way to make a copy lawfully, even though the copyright holder wants you to not make that copy, then you can lawfully sell it.

      Bearing this in mind, the question is whether there is a way to make new copies lawfully. There aren't many viable means, and the chief one for our purposes is fair use. As it happens, any otherwise infringing action (reproduction, distribution, public performance, etc.) which is fair, is non infringing; it's not limited to making more copies. However, each fair use is considered on its own merits. What is fair for Alice may not be fair for Bob because of their different circumstances.

      In deciding whether something is a fair use, a court will look at four factors. The test isn't mathematical, it's looking for what's ultimately fair. The first factor is the purpose and character of the use, inclusive of whether the use is transformative (i.e. it creates a new work, as is the case in a parody, or a collage), and whether the use is commercial, or educational, etc. The second factor is the nature of the work, i.e. whether the work is basically factual (e.g. a history book, a copyrightable compilation of facts) or is creative (e.g. a fictional story, most music, etc.). The third factor is the amount and substantiality of the portion of the work used, i.e. whether you used all or only some of it, and if only some, did you use the important part. The fourth factor is the effect of the use on the value or potential market for the work.

      In the case of making a copy of a CD for personal use, e.g. a rip of a CD to an iPod, the analysis would likely work out that the first three factors are against the use (since it's not transformative or educational, the work is creative, and it uses the entire work (the quality of the rip is irrelevant). But the fourth factor is with the use, since making a personal copy has no significant effect on the value of the work. This is subject to change, however, and the rise of iTMS is actually harmful to the argument that ripping CDs is fair use, since now there's an alternative to ripping.

      If making the copy is a fair use, then the copy is lawfully made and will remain lawfully made forever. Whatever happens to the original CD, it'll never have any effect on the status of the copy you made. Not only is it legal to sell the original CD, but it's even legal to sell the copy you made (to someone else, naturally) -- th

      --
      -- 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.
    85. Re:quadrouple dipped by Maxo-Texas · · Score: 1

      Okay that is a long read. You seem serious so I owe you that.

      ---
      A key statement is here:
      In deciding whether something is a fair use, a court will look at four factors. The test isn't mathematical, it's looking for what's ultimately fair.

      I do not believe that there is not a court in the land that would look at you repeatedly buying CD's, copying songs off them, and then SELLING THE CD's, as "fair". I believe if you try to do this in an organized fashion with other people, they would come down on you really hard.

      If you recorded the same songs off the radio, I do not think you would have any problems. If you do it through at a low volume or via "blind" methods like resale shops and kept it quiet then you will probably "get away" with it indefinitely. But there is always the risk someone could turn you in for a reward once you have enough infringing material (or if, for example, your ex-girl/boy friend gets pissed at you).

      ---

      I will concede that you may have a legal loophole. However, lots of people pay big fines because of advice about similar "loopholes" in the tax system based on advice given to them. If you are actually an attorney and have experience in this area (which I can't know) then you go for it. But the courthouse is littered with the bodies of people who thought they could do stuff like this.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    86. Re:quadrouple dipped by cpt+kangarooski · · Score: 1

      I do not believe that there is not a court in the land that would look at you repeatedly buying CD's, copying songs off them, and then SELLING THE CD's, as "fair". I believe if you try to do this in an organized fashion with other people, they would come down on you really hard.

      I agree. I don't think that it would be a fair use.

      If you recorded the same songs off the radio, I do not think you would have any problems.

      For the purposes of a fair use discussion, there's no difference whether you make copies from one medium or another. If making the copies is a substitute for buying lawfully made copies, that's what's key.

      kept it quiet then you will probably "get away" with it

      Sure, but most people who simply use P2P networks get away with it too. I thought that we were discussing what was legitimate.

      However, lots of people pay big fines because of advice about similar "loopholes" in the tax system based on advice given to them. If you are actually an attorney and have experience in this area (which I can't know) then you go for it. But the courthouse is littered with the bodies of people who thought they could do stuff like this.

      I fear that you might be misunderstanding me. I agree that it's a bad idea to try to set up organized personal piracy rings, and I don't plan to do so, nor would I encourage or advise anyone else to do so. A blue sky discussion on /. -- in which I was basically just trying to correct the misunderstanding that personally-made copies have to be disposed of along with authorized copies -- shouldn't be construed as my advice, or blessing, or anything.

      --
      -- 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.
    87. Re:quadrouple dipped by Anonymous+McCartneyf · · Score: 1

      Sony had better not be enforcing those licenses. Those licenses belonged to the CDs with rootkits on them!
      As far as I know, no other record label has attempted to install rootkits on CDs. Some RIAA labels have issued CDs with other DRM software, but we don't have copies of their EULAs, and so we don't know if theirs read the same.
      Sony Music and its ancestor Columbia Records have been among the worst RIAA labels in the last three decades, and not just because of rootkits. When the NY Attorney General was going after payola, again, Sony was believed to be the biggest contributer.
      Sony&Columbia also pioneered the technique of the disposable artist, though I know most RIAA labels do it now. They sign up a young or inexperienced artist, often one that is not talented enough to do live performances unaided. They market the artist so that the artist gets one hot hit album. But after no more than three albums, and often fewer, they simply stop promoting that artist. Even if the artist has actually developed fans, those fans usually don't know when the next album has come out, and so few people buy it. The failure is used as an excuse to not promote future albums, if there are any.
      The RIAA in general may be bad, but I do believe some divisions of it are worse than others.
      Disclaimers:
      I am not a lawyer.
      I do study the RIAA, and believe it plausible that all labels wish copyright law was written like Sony's EULAs. But my interest in their ways of thinking came about naturally and from outside.
      I do not approve of the rootkit or its EULA or many other things the RIAA does. The RIAA would disapprove of some things I do with their work.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    88. Re:quadrouple dipped by Anonymous Coward · · Score: 0

      So, how is the esteemed Anonymous Coward NOT astroturfing for the RIAA...

      Ha! You FUCKED UP. The standard cliche for this kind of response is "how EXACTLY is the...". You forgot "exactly", so you lose. This is slashdot -- please remember all standard jokes and cliches when posting.

    89. Re:quadrouple dipped by Maxo-Texas · · Score: 1

      I agree, I drifted off topic.

      back on topic.

      I hear you say that if you copy a lot of CD's, copy songs, and sell the CD's you don't think that would be fair use. So we are agreed there.

      You earlier equated giving away the CD's with selling them so I assume you would agree that regularly buying CD's, copying the songs, and giving away the CD's would not be fair use.

      Do you think if you buy a lot of CD's, copy songs, and then have the CD's stolen or destroyed, would keeping them be fair game?

      The sony license doesn't allow that.
      Industry executives (and I assume their lawyers) would argue that fair use doesn't cover that (since how is it different than selling them- and how can you prove you didn't sell them- and if not then you could sell them and claim they were stolen).

      There is a long accepted and legal practice of recording songs off the radio- they have sold devices that can do this since I was a child. It's also covered by the VHS fair use rulings.

      Are you saying that making a recording off of a CD is legally equivalent to recording it off the radio or shows off of TV? I don't think it is.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    90. Re:quadrouple dipped by Anonymous+McCartneyf · · Score: 1

      I am not a lawyer. But please listen.
      I do believe that, if you have lost most varieties of original CDs, you can keep and use your back-ups. That's what they're for.
      The only CD back-ups you have to destroy if you lose the originals are those of CDs with Sony rootkits in them. It is that rootkit's EULA you quoted a few posts back.
      I think it can be argued that all CDs with Sony rootkits should be destroyed, back-ups and all.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    91. Re:quadrouple dipped by Anonymous Coward · · Score: 0
      I'm all for allofmymp3 and all of it's Russian counterparts. I lost my entire cd and record collection in Katrina and it was the only was to recover my collection instead of repurchasing all of the albums again.

      So by your logic any one who lost cash in Katrina can just print up some new $100 bills right, I hear Iran and some former soviet countries are making good copies of that now too. By the way did your report your CD loss when you applied for an insurance claim or FEMA assistance? If so you are 2x dipping.

    92. Re:quadrouple dipped by Maxo-Texas · · Score: 1

      Well it is certainly an interesting loophole if true.
      Peace man.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    93. Re:quadrouple dipped by Anonymous Coward · · Score: 0
      I mainly stick around on /. for that reason, in fact.


      At least some of us are glad that you do, since you are usually both informative and entertaining.

      (Sorry that this is AC...)
    94. Re:quadrouple dipped by cpt+kangarooski · · Score: 1

      I hear you say that if you copy a lot of CD's, copy songs, and sell the CD's you don't think that would be fair use.

      Well, no, I think that if you copy the CDs with the plan of selling the CDs to recoup your expenses, then the copying would not be a fair use. But if you copy the CDs and then happen to sell them, but the two events are unrelated, then it is a fair use. As with Patry (who feels that the former example is also fair), I don't care about the sale of the CDs for its own sake, I just care about the circumstances surrounding the making of the copies. All that Patry and I differ on is that he only cares about events that occur up to the time of the making of the copies, whereas I think that a court could look at events that occur later, if they help to evidence what was really happening at the time of making the copies.

      Do you think if you buy a lot of CD's, copy songs, and then have the CD's stolen or destroyed, would keeping them be fair game?

      Absolutely. Again, Patry would find it a fair use. I differ from Patry in that I think that events that occur after the fair use can still help to show whether or not that use really was fair or not. Since the person who made the copies didn't intend for their originals to be lost, the copies were never meant to effectively be a substitute for buying lawfully made copies of the music. That they acted prudently doesn't mean that they acted wrongly. Again, remember that the fair use is the creation of the copies. Keeping the copies is always lawful, regardless of whether they were made lawfully or unlawfully. I really don't understand why you're so obsessed with it; it's a non-issue. What you ought to be interested in, and what I keep discussing, is the creation of the copies.

      The sony license doesn't allow that.

      The Sony license is pretty defunct, it seems, and no one else has anything like it, so who cares?

      Industry executives (and I assume their lawyers) would argue that fair use doesn't cover that

      Since keeping copies -- regardless of their provenance -- is never infringing, fair use never even enters the discussion. After all, something cannot be a fair use unless it can be infringing in the first place. It's as silly as talking about the 'crime' of not murdering people.

      (since how is it different than selling them- and how can you prove you didn't sell them- and if not then you could sell them and claim they were stolen).

      It's different in that if the copies were made as a substitute for buying a lawfully made copy of the music, then while this could be done by making a copy of the CD without ever buying it, one could achieve pretty similar results by buying the CD, making the copy, then reselling the CD in order to recover the cost of buying it. The end result is basically the same. But if you didn't sell or give away the CD, but instead lost it or had it stolen, etc. then the copies you made were not a substitute for buying it, they were a substitute for buying a replacement. I think that that is a very significant difference.

      As for lying about the fate of the CDs, that's merely a factual matter for the jury to decide. If the jury believes your story, then the fair use analysis will proceed accepting as true that the CDs were lost. If the jury doesn't believe your story, then the fair use analysis will proceed accepting as true that the CDs were not lost, and were instead sold, or something. Don't worry about this sort of thing, it's not really relevant to the legal issues.

      There is a long accepted and legal practice of recording songs off the radio

      Long accepted, yes. Legal, don't be so sure. I remember when the RIAA ran ad campaigns condemning the practice, e.g. 'Home Taping is Killing Music.' (Which resulted in some bands, like the Dead Kennedys, selling their albums on tape with one blank side so as to help kill music) The AHRA was finally passed because 1) lawmakers and the public didn't really have a problem with it, and wanted it 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.
    95. Re:quadrouple dipped by Maxo-Texas · · Score: 1

      Interesting post and a good read.

      I'd hate to go up against big guns lawyers after my collection of a few hundred songs copied from cd's and recorded off FM radio that have absolutely no pedigree (no receipts, no originals any more).

      A lot seems to depend on if a jury believes you are lying or not. Personally, I think most people lie- even under oath- these days. If I was on the jury, I'd have a hard time believing someone with a lot of songs had acquired them legally. But then, I'd probably be going for jury nullification anyway unless they had been caught selling the songs.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  10. Demonstratably completely insane... by Phs2501 · · Score: 0, Redundant

    This is an batshit insane amount of money to ask for. According to here, this is more than Russia's 2005 GDP by any measure.

  11. Shows the Absurdity by miyako · · Score: 3, Informative

    I know that most of us on slashdot realize how absurd the RIAA and MPAA's claims are about the losses caused by piracy, but if this is publicized I think that it could go a long way toward aptly demonstrating the absurdity of their claims.
    I mean, I don't think anyone, except apparently the RIAA lawers, could possibly believe that in a few months- or even in a year or two, one single (not all that well known) russian website caused the RIAA to lose over a trillion dollars in revenue.

    --
    Famous Last Words: "hmm...wikipedia says it's edible"
    1. Re:Shows the Absurdity by garcia · · Score: 1

      But it got the RIAA's "war" listed in the media which is worth more to them than anything. As long as it keeps people afraid of downloading music anywhere (yes, even iTS) they are happier.

      The more control they can exert over the general population, the better off they think they are.

    2. Re:Shows the Absurdity by kebes · · Score: 5, Informative

      Indeed. According to the RIAA's stats: http://www.riaa.com/news/newsletter/pdf/2005yrEndS tats.pdf (warning: PDF), the total industry is something on the order of 12 billion $US per year. How can they claim with a straight face that the *damages* are about 100 times greater than the size of the industry being damaged?

      As you said, I hope this gets publicized because it really demonstrates how ridiculous the dollar value associated with infringement really is.

    3. Re:Shows the Absurdity by Anonymous Coward · · Score: 0

      There's loads of people posting things like this. Are you even remotely familiar with copyright law? Nobody is saying that they've lost this much money. Not even the RIAA lawyers. The $150,000 per song includes punitive/exemplary damages, which are awarded to discourage future infringement, not to compensate for loss.

    4. Re:Shows the Absurdity by Anonymous Coward · · Score: 0

      I understand the reasoning behind punitive damages. However, aren't they typically normal damages multiplied by a figure of about 3, not 150000? (As the average song goes for $1 on itunes.) The supreme court already held punitive damages multiplied by the far smaller figure of 1000 unconstitutional in BMW of North America, Inc. v. Gore...

    5. Re:Shows the Absurdity by spiritraveller · · Score: 1

      I understand the reasoning behind punitive damages. However, aren't they typically normal damages multiplied by a figure of about 3, not 150000? (As the average song goes for $1 on itunes.) The supreme court already held punitive damages multiplied by the far smaller figure of 1000 unconstitutional in BMW of North America, Inc. v. Gore...

      It's not punitive damages. It's "statutory damages." The difference is that the $150,000 amount is defined by statute before the harm is even done.

      Unlike punitive damages, the defendant is put on notice of the liability he is risking before he commits the act. (Since knowledge of the law is presumed, and ignorance of it is not a valid excuse.)

      Whether that difference is enough to satisfy Due Process, I don't know. But it would seem to be an important factor.

    6. Re:Shows the Absurdity by Dhalka226 · · Score: 4, Informative

      How can they claim with a straight face that the *damages* are about 100 times greater than the size of the industry being damaged?

      They're not claiming that at all. $150,000 wasn't a random number, nor was the fact that it was called "the maximum" in the article summary just word choice. In fact, anybody at all familiar with copyright law--even just the little trickles that make it through on sites like this--will have their ears twitch in recognition at hearing the number.

      $150,000 is the maximum allowed statutory damages according to US copyright law. It has nothing to do with how much their losses were.

      Further, realize that damages come in two parts: compensatory (what you actually lost) and punitive (punishment for the act). Punitive damages are almost always substantially higher than compensatory damages in situations like this. Even if they only claimed $11 million punitive damages ($1/download, the iTunes price), the law says they're perfectly free to claim the other $1.649+ trillion.

      Will they get that much (if they get anything)? Almost certainly not, but that doesn't stop them from asking for it.

    7. Re:Shows the Absurdity by lgw · · Score: 1

      The amount of $150k/song is the maximum penalty in copyright law for the alleged infringement, not a claim of damages. Copyright law has serious teeth. Of course, it's still utterly absurd, just for a different reason.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    8. Re:Shows the Absurdity by mrchaotica · · Score: 1

      It does, however, illustrate the fact that the lawmakers who came up with that number in the first place were fucking morons!

      --

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

    9. Re:Shows the Absurdity by bky1701 · · Score: 1

      The RIAA are media trolls. What they say doesn't *HAVE* to be in any way true; the average person doesn't know or care. Most people are so terrified of the RIAA *already* that they don't care that they are full of shit (many people I know follow this pattern).

      If anything, this being in the news could totally destroy the scantily of everyone "on the wall" about the issue (the fear wall, not the moral wall). The RIAA has just caused a whole COUNTRY, one that used to be the second/first most powerful in the world, to surrender. To most people, this is all it takes to bend over and get fucked by the RIAA.

      Face it, we can never win the legal battle; they have more money for bribes then all of our networth combined and public opinion hasn't mattered in the US since WWII. We all need to treat the RIAA like any troll: ignore them. The more we act up in arms over it the more publicity they get, the more people fear them and the more power they get.

    10. Re:Shows the Absurdity by Bartmoss · · Score: 1

      ...and I just lost my mod points :( But, you exactly nailed it.

    11. Re:Shows the Absurdity by zoftie · · Score: 1

      This why the suit can be invalidated as frivious and company can countersue for liebel and faslification of claims that leads to damage of business reputation.
      And so after finalized, RIAA execs, if ever visit Russia would be detained. Russian prisons are no western prisons too.
      2c

    12. Re:Shows the Absurdity by rgoldste · · Score: 1

      If it's true that the $150,000 damage figure includes both compensatory and punitive elements, then the statutory damages may be unconstitutional. The Supreme Court has said on multiple occasions that punitive damages may not exceed 9 times compensatory damages (see, e.g., BMW of N. America v. Gore). So if there's $11 million in compensatory damages, then total damages would be limited to $110 million. Awards over this limit will be violative of due process as excessive; there's simply no way a judge would allow punitve damages five orders of magnitude greater than compensatory damages.

      Or so my law professors would have me believe.

  12. trillion by Swimport · · Score: 5, Informative

    Where do they get these numbers? This is over 10% of the GDP of the USA, and 333 times the amount gross retail music sales in 2005. I wonder if the US court will take this companies .com domains.

    http://en.wikipedia.org/wiki/World_music_market

    1. Re:trillion by j00r0m4nc3r · · Score: 3, Insightful

      Where do they get these numbers?

      They pull them out of their ass. $150k/song is complete BS. I just don't understand how a judge would look at that and be like, "Hmmm yeah that seems perfectly logical. Go with it!" AllOfMP3 should just send them 1500 Russian dog poos with a note that says something like, "We arbitrarily value each of these pieces of crap at US$1000000. We're square."

    2. Re:trillion by RAMMS+EIN · · Score: 1

      ``Where do they get these numbers? This is over 10% of the GDP of the USA, and 333 times the amount gross retail music sales in 2005.''

      Wow. It would be quite a coup if the RIAA actually got an injunction against AllOfMP3...even for one percent of what they're asking. Suddenly, they will get an undeniable boost in income from what they see as illegal activities...

      --
      Please correct me if I got my facts wrong.
    3. Re:trillion by cfulmer · · Score: 2, Interesting

      "In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000." 17 U.S.C. 504(c)(2). 504(c)(1) says that this is available "with respect to any one work." Infringe 11 million works and that's $1.65T.

      Of course, they won't GET this -- the minimum damage award is $750 per work, or about $8B. (It drops to $200 if allofmp3.com proves that it had to reason to know it was infringing.) Even more, though, "all the parts of a compilation . . . constitute one work." This could be interpreted to mean that the per-infringement damages are *per album*, not *per track*.

      The interesting thing in the case is whether a US court can acquire personal jurisdiction over the company that would allow them to even HEAR the suit.

    4. Re:trillion by Tony+Hoyle · · Score: 1

      The US has no jurasdiction at all on allofmp3... it can't may them pay up or even demand that they appear at court. It's totally meaningless. If the RIAA were serious they'd sue in the russian courts.

      This is just a PR stunt. It happens to be good advertising for allofmp3 too so they're not complaining.

    5. Re:trillion by sidb · · Score: 1

      It is also more than the entire worldwide recorded music industry has ever made summed over its entire existence. But I bet the lawyer industry has easily made that much, and the RIAA is really a lawyers' group, not a musicians' group. That's where the real money lies.

    6. Re:trillion by Zelucifer · · Score: 1

      Actually, they get there numbers from copyright law. The maximum amount they can seek per count, is $150k. The minimum is what they generally sue people in the US for (note, People, not corporations), that's $750. One of the reasons you sue a corporation for the maximum amount, is because judges and juries generally grant awards several times smaller than what is asked for. However, judges cannot grant more then they're asked.

      Now, personally I think the RIAA is absurd, they're legal actions are asinine and that someone needs to drag them out of whatever caves they're hiding in and show them that it's the 21st century... but I think first they need to realize that there former business model is no longer successful and that legal and social tactics that have worked for generations are no longer effective thanks to the incredible changes that have been wrought in global communication.

      --
      The corner of a round room
    7. Re:trillion by Swimport · · Score: 1

      11 million works? Are they counting each down load? Cause i find it hard to believe the riaa hass 11 million works.

    8. Re:trillion by troll+-1 · · Score: 1

      The US has no jurasdiction at all on allofmp3...

      I think that's wrong. A Federal court in the US has Diversity of Citizenship jurisdiction, known as Alienage jurisdiction when foreign nationals are involved. It does have jurisdiction to hear the case.

    9. Re:trillion by geobeck · · Score: 1

      Where do they get these numbers?

      From their new chief litigator: Dr. Evil.

      "We hereby demand from AllOfMP3.com the sum of 1 billion, gagillion, fafillion, shabolubalu million illion yillion dollars!"

      --
      Find environmentally and socially responsible products on http://buy-right.net
    10. Re:trillion by PatrickThomson · · Score: 1

      It would be amusing if the US government decided that since the RIAA is so fond of charging $150,000 damages, that sales tax on CDs and downloads should use $150,000 as the price and take 1 or 2% of that instead.

      --
      I am one of many. My idea is not unique, nor do I expect my voice alone to sway you. I speak in a chorus of opinion.
    11. Re:trillion by nomadic · · Score: 1

      They pull them out of their ass. $150k/song is complete BS. I just don't understand how a judge would look at that and be like, "Hmmm yeah that seems perfectly logical. Go with it!"

      It's statutory damages. It's in the law.

      How come everyone on slashdot complains when judges "make their own laws", but then they complain when they actually follow the law? They can't win.

    12. Re:trillion by zpeidar · · Score: 1

      Well its half evil then, seeing as 666 is the number of the beast, it must also be the multiplier of the beast, so: the gross retail is of course calculated AFTER theyve paid that cut. And seeing as it has been particularly cold in hell recently, they got off with just paying half of it. But hey, theyre lawyers.

    13. Re:trillion by cfulmer · · Score: 1

      Recognize that it's $150,000 per work infringed, not per infringement. So, if 10,000 people downloaded Weird Al's "Amish Paradise," that's only one work infringed.

      The poster who talked about "Diversity Jurisdiction" misunderstands how jurisdiction works. In general, a court has to have two kinds of jurisdiction: (1) subject matter jurisdiction and (2) personal jurisdiction. The first, subject matter jurisdiction, just asks "is this the right court to hear this sort of a claim?." If the claim comes out of a federal law, like copyright law, then a federal court has subject matter jurisdiction. The second, personal jurisdiction, just asks "Can this court reach out and grab this defendant?" So, for example, if a defendant lives in California, never set foot in Florida and didn't affect Florida in any way, that defendant cannot be sued in Florida. The Wikipedia article on Personal Jurisdiction explains this pretty well.

    14. Re:trillion by Tim+C · · Score: 1

      As another poster already pointed out, that's the maximum amount allowable by law, and while judges often don't grant the maximum asked for, they can't grant more than was asked for.

      Just because they've asked for a trillion and a half doesn't mean that they'll get more than a couple of hundred million, even if they win and they're able to collect.

  13. Want to bet by (H)elix1 · · Score: 4, Interesting

    That when all is said and done, one of the things the RIAA will walk away with a list of customers who used the service?

    1. Re:Want to bet by Teresita · · Score: 1

      That when all is said and done, one of the things the RIAA will walk away with a list of customers who used the service?

      Yeah, here you go RIAA, here's a list of customers who used allofmp3.com:
      armsrace badboybernie badbrad badbug badegg ballsakkie baybowl bigben bigboy bigheadedfrog bigmouth bigsurf bigsurfdude bigwave bigwavedude biscuit_from_mars bluewaterbigwavedave bogroll bollsbrandy bonzabay brookietrax busby chilli_pepper...

    2. Re:Want to bet by EonBlueApocalypse · · Score: 1

      I'm guessing they would only be going after US customers if they happen to get a list? I used that service a while ago, though for hard to find albums from obscure European bands but I guess it still wouldn't be much of a surprise if everyone on that list were targeted by them.

    3. Re:Want to bet by EonBlueApocalypse · · Score: 1

      Wouldn't they get the billing information?

    4. Re:Want to bet by (H)elix1 · · Score: 1

      You would think they would match up "armsrace" with "Jon Smith"'s credit card info - which maps to a physical address. None of the Visa action was anonymous. Might be able to do some clever proxy stuff with paypal, but I'd be worried if I bought anything from AllOfMP3. In the past, they take the IP addresses and other stuff from the 'free' stuff - so this would give them much better quality targets than the fishing trips they are taking with the P2P stuff.

    5. Re:Want to bet by Anonymous Coward · · Score: 0
      None of the Visa action was anonymous.

      I don't know about you but all of my internet activity goes through a proxy and my on-line purchases go through a Visa gift card which can be purchased with cash at stores all over the nation. Not that I've ever so much as viewed the allofmp3.com web site.

    6. Re:Want to bet by s7uar7 · · Score: 1

      The lawsuits where they used IP addresses for evidence were for uploading, not downloading.

    7. Re:Want to bet by Anonymous Coward · · Score: 0

      From the AllOfMP3 website (note the last line):
      "We accept payment made by credit or debit cards.
      Just specify the card type and payment sum. The money is added immediately upon card authorization.

      The minimum one-time payment by credit card for the service is $10.
      If for some reason the site is unable to provide you the service, you will be refunded the remainder of your balance within 7 business days after you apply for such refund.

      For security purposes, the card numbers are not kept by the company."

    8. Re:Want to bet by Churla · · Score: 1

      You're thinking that ALlofMP3 is going to actually go to court and do anything about this? They are operating within the laws of their country. If the RIAA wants to try to go to Russia and sue them more power to em. They won't get a user list out of AllOfMP3 from this.

      --
      I'm a fiscal conservative, it's a pity we don't have a political party anymore
    9. Re:Want to bet by lgw · · Score: 1

      Even if they go after US customers, the penalties for downloading are small. The RIAA likes to go after consumers who distribute songs, often unknowingly, when they use a P2P service to download. Going after people who download without distributing would be really small potatoes. Of course, if you only download non-RIAA bands there's little to worry about in any case.

      The biggest problem with using AllofMP3 if that they will sell your email address to every spammer in Russia.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    10. Re:Want to bet by caseih · · Score: 1

      I don't think the RIAA can sue anyone for having bought music from Allofmp3.com. Because buying music from them is not copyright infringement on the part of the person who purchased the music. Rather infringement can only be charged against those who offer copyrighted works for sale or download with the consent of the copyright holder. Or at least several hundred slashdotters hope!

    11. Re:Want to bet by WeeBit · · Score: 1
      I would hope they couldn't go after the customers too with them getting such a large amount of money if they ever did win such a case. Wouldn't that be like double jeopardy? paid twice for the same music downloads? They are suing because they are not collecting on those downloads. The RIAA if they won they would be collecting that money. Seems to me the customers would be safe. If Russia has any sense, they will protect those customers if the RIAA wins a judgment against the download site. This is the first time I have been all for a music download site. I gave up on using them long ago. I don't even use the so called legit ones. Radio, and satellite are the best options. RIAA has just got on my last nerve. I see the music industry as the biggest bully there is today. I would like to see a 30 day boycott of any type music that is sold. Let them really suffer as they claim they are. They deserve it. although that will never happen.

      That when all is said and done, one of the things the RIAA will walk away with a list of customers who used the service?
    12. Re:Want to bet by Anonymous+Cowpat · · Score: 1

      Yeah, but whoever operates their merchant account will have records of the source of all incoming payments. Personally, I'd have thought they'd have done better to try and argue that transferring the funds for 'illegal' copyright infringement is itself illegal and subpoenaed Visa and Mastercard to trawl their payment records to find everyone who ever transferred cash to AoMP3, but then the banks probably don't want the bad PR of selling their customers out and have deep pockets to fight it with.

      --
      FGD 135
    13. Re:Want to bet by Anonymous Coward · · Score: 0

      Except... aren't they suing the sattelite radio guys for the same amount?

    14. Re:Want to bet by cerberusss · · Score: 1
      one of the things the RIAA will walk away with a list of customers who used the service
      That'd be funny. Let them sue me, registered as Zaphod Beeblebrox.
      --
      8 of 13 people found this answer helpful. Did you?
    15. Re:Want to bet by bill_mcgonigle · · Score: 1

      Going after people who download without distributing would be really small potatoes.

      But boy, I wish they would. Maybe then something would get done.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    16. Re:Want to bet by Anonymous+McCartneyf · · Score: 1

      "Going after people who download without distributing would be really samll potatoes.
      But boy, I wish they would. Maybe then something would get done."
      Yes. Something would get done--but to whom?

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
  14. AllofMP3 should just settle... by dpbsmith · · Score: 4, Funny

    ...by repaying them with $1.65 trillion worth of Russian intellectual property.

    I'm sure the Russian government would be willing to make an official valuation of the complete works of Joseph Stalin as worth $1.65 trillion.

    Then AllofMP3 could repay the RIAA by licensing them to the RIAA.

    Problem solved.

    Imagine downloading the audiobook version from the iTunes Music Store.

    1. Re:AllofMP3 should just settle... by Aeiedil · · Score: 4, Interesting

      I am curious how the RIAA reach the conclusion that each download causes $150,000 in losses, if you take the fact that you can download a track with unquestionable legality from iTunes for under a quid ( $2) then that leaves up to $149,998 unaccounted for. Do their lawyers really cost that much?

      --
      The geek that actually likes Windows. I got cookies.
    2. Re:AllofMP3 should just settle... by Anonymous Coward · · Score: 0

      I wonder if the RIAA has paid royalties on russian folk songs like Shchedryk lately? Just like Disney, steal from the public domain, and then sue anyone who dares repeat the performance again without their permission.

    3. Re:AllofMP3 should just settle... by bky1701 · · Score: 1

      I had a joke about the RIAA learning something, but I think they have already surpassed him.

    4. Re:AllofMP3 should just settle... by mudeth · · Score: 1

      Um.. I'm guessing they're considering that 75,000 people (previously) downloaded each track from iTunes, who've now shifted to AllOfMp3, which, I'm thinking, is still ridiculous. I've become a member, but the payment site looks too shady to trust with my credit card.

    5. Re:AllofMP3 should just settle... by nelsonal · · Score: 1

      Probably from US Code Title 17 Chapter 5 section 504 which outlines the damage limits for copyright infringement. Lawyers are funny folk, they actually read the laws that are published. There are requirements for the court to actually award this level of damages.

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
    6. Re:AllofMP3 should just settle... by RAMMS+EIN · · Score: 1

      And I'm curious why so many people here are assuming the $ 150,000 per song has anything to do with losses at all. Just because the RIAA wants $ 150,000 per song from AllOfMP3 doesn't mean they claim every song loses them that much money. They're not trying to recover losses, they're trying to scare people into not crossing the RIAA.

      --
      Please correct me if I got my facts wrong.
    7. Re:AllofMP3 should just settle... by bky1701 · · Score: 1

      "They're not trying to recover losses, they're trying to scare people into not crossing the RIAA."

      Sadly for the RIAA (Er, not really ;]) the KGB has been at that a lot longer.

    8. Re:AllofMP3 should just settle... by zurmikopa · · Score: 1

      Absolutely. They are hiring 11 million lawyers at $149,998 each for this case.

    9. Re:AllofMP3 should just settle... by Aeiedil · · Score: 1

      I was not aware of that piece of US law, damn harsh Well maybe this is their idea of a late Christmas bonus to themselves, a way to pat themselves on the back and make themselves feel all warm and fuzzy "Look ma, I can spell a Trillion!"

      --
      The geek that actually likes Windows. I got cookies.
    10. Re:AllofMP3 should just settle... by Foehg · · Score: 1

      Published in the USSR before 1970s. Therefore, it's public domain already.

    11. Re:AllofMP3 should just settle... by nelsonal · · Score: 1

      I'm not a lawyer... The requirements for being awarded the full penalty is that the claimant must bear the full costs of the investigation, and the infringer must be willfully infringing. If they don't the penalties drop dramatically (to several hundred dollars per infringed work. I'd suspect the statute was written to create an eyepopping figure that would serve as a potential big stick to wave but almost never be awarded.

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
  15. Russia's GDP is only... by EonBlueApocalypse · · Score: 0, Redundant

    As of 2005 Russia's GDP was 1.58 Trillion Dollars. I'm not sure how the RIAA expects that amount to be paid.

  16. Given that... by Cadallin · · Score: 1
    The United States isn't that great a place to visit (or live) anyway, I'd say the best defense to this is just to Flip the RIAA the bird, and never enter US soil. Problem solved.

    Of course, in the broader sense, this really creating a very interesting disparity in International law. The USA, along with some corrupt nations in South America, are fast becoming refuges for international criminals convicted/awaiting conviction in the International Court for War Crimes (*Cough* George W. Bush *Cough* who recently purchased a 100,000 acre ranch in Paraguay). The rest of world, on the other hand, is becoming a haven for people avoiding prosecution under US IP law. Living in the United States, I'd say we're definately getting the shitty end of the stick on this bargain.

    1. Re:Given that... by Portal1 · · Score: 2, Interesting

      Hi i am from paraguay,

      and know this is of toppic.
      But some coins are falling now.
      I did know the americans bought a big piece of property here in the chaco,
      But did not know it was mr bush himself behind it.

      You want to know why he/the americans bought that ranche.
      It is ontop of one of the biggest clean water reserves in the world.

      Greets John van der Pol

      --
      There are no stupid questions, Just a lot of inquisitive idiots. (from a good friend)
    2. Re:Given that... by russellh · · Score: 1
      I did know the americans bought a big piece of property here in the chaco, But did not know it was mr bush himself behind it.
      http://www.counterpunch.org/cp10202006.html
      --
      must... stay... awake...
  17. RIAA leadership by rlp · · Score: 4, Funny

    This amounts to roughly $1.65 trillion

    Proof once again that the RIAA is run by Dr. Evil.

    --
    [Insert pithy quote here]
  18. Not stolen by www.sorehands.com · · Score: 1

    Typically, you are licensed for the music/song/movie -- you only buy the media. If the RIAA wants to take that position, then you do not need to buy new copies. If you are buying the music/song/movie, then you can do what ever you want. Which one do they chose?

    1. Re:Not stolen by Anonymous+McCartneyf · · Score: 2, Informative

      Ah, but what are the terms of the licenses the RIAA issues?
      Keep in mind that you are talking about the RIAA. It is generally understood that the RIAA and those record companies it represents are capable of almost anything, possibly excluding anything that appears sensible. I should know: I have kept close watch on the activities of an especially eccentric RIAA label for fifteen years...
      So, if I were an RIAA record label, I would probably say this:
      You the consumer buy only the media; you only license the music; but your license is valid only if you still possess the media.
      Evidence for this interpretation: The RIAA requests that if you sell a piece of media that contains RIAA-licensed music, then you must give the back-ups to the person you sold the media to or else destroy the back-ups.
      Disclaimers:
      I am not an RIAA astroturfer. I came by my interest in their ways of thinking naturally.
      I do not approve of everything the RIAA does. I have done things with RIAA material that it would not approve of.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    2. Re:Not stolen by mrchaotica · · Score: 1
      Ah, but what are the terms of the licenses the RIAA issues?

      It doesn't matter. If it is licensed, the licensee must have a right to obtain a copy from any source -- that's what "having a license" means. If, on the other hand, the particular copy is bought then the owner has a right to use his property however he wishes, within the bounds of the law. That's what "owning the damn thing" means. Either the work can be licensed or a copy can be bought, but not both. The law simply Does Not Work That Way!

      So, if I were an RIAA record label, I would probably say this: You the consumer buy only the media; you only license the music; but your license is valid only if you still possess the media.

      And you could say that you were abducted by Elvis, who told you that the Second Coming of the Flying Spaghetti Monster will occur next Thursday, when he flies out of George W. Bush's ass, and it would have just as much legal weight to it -- that is to say, none whatsoever. We have a word for it around these parts; we call it "utter bullshit."

      --

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

    3. Re:Not stolen by Anonymous+McCartneyf · · Score: 1

      I have found a formalized music license:
      http://www.magnatune.com/artists/license/license_t emplate.html
      You might find Sections 6.4 and 9.8 interesting.
      This is a license from Magnatune, which is not on the RIAA radar. One can only imagine what the license on an RIAA CD would look like if the record labels actually bothered to make it clear by writing it down.
      Disclaimers:
      I am not a lawyer. If you are a lawyer, I apologize. If someone else reading this is a lawyer, please correct me.
      I am not an RIAA astroturfer. My interest in how record labels think came about naturally.
      I do not approve of everything the RIAA does. The RIAA would not approve of everything I do to their work.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    4. Re:Not stolen by Anonymous Coward · · Score: 0

      Yes, and if you read it, it's for commercial use. And moreover, have you ever seen such a document bundled with a CD? It simply doesn't happen.

      The only place there's end user licensing in music is downloads. And the reason there's licensing there is because downloading entails making copies. Since you need a license to make copies, in order for these sites to be legal, the copyright holder must provide one. In other words, even if it were legal for an online music store to sell music to you, you still need a license to make a copy on your computer when you actually buy a song. So, in that regard, places like iTMS have end user agreements that grant you such a permission.

      But that's not required for physical CDs. You don't need a license to merely play a CD. And you're given no license to do anything else. When you buy physical copies, 99.999% of the time you are not buying them pursuant to some license. The only place that happens is software, and even then, the courts are split on how enforceable EULAs are. EULAs are certainly not necessary. 17 USC .... aw fuck I forget the cite ... has an exception for infringements in the course of running software, so no EULA is even necessary. The fact they exist is basically an assraping.

      Furthermore, this is the crux of what makes allofmp3 illegal for US customers. Downloading means making copies, and to make those copies, you need a license from the US rightsholder. That a Russian compulsory licensing organization gives permission to Russians is irrelevant.

      This is why, eg, iTunes has different end user agreements in different countries and enforces the locations you're allowed to download from. There's no such thing as an international rightsholder. The holder of the copyright could be two different people/corporations in two different countries, etc. Not to mention, the local particulars of copyright law.

    5. Re:Not stolen by cpt+kangarooski · · Score: 1

      No, no one at the consumer level is ever licensed for the music, etc. in ordinary transactions. RIAA hasn't suggested otherwise; it's just people used to software that assume that licensing is common, when in fact, it is not, and it is a stupid idea, even for software. RIAA will agree that you can do anything you want with a CD, so long as it is legal to do. (In much the same way that Ford will agree that you can drive as fast as you want, so long as you don't break the speed limit) Your problem is simply that the law is quite restrictive, and it's really desirable to do things that happen to break it, and RIAA is a strong force in writing that law. For example, there is a good argument that ripping a CD to an iPod breaks the law, but it's the kind of thing that people want to be able to do and RIAA would prefer you couldn't.

      --
      -- 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:Not stolen by cpt+kangarooski · · Score: 1

      If it is licensed, the licensee must have a right to obtain a copy from any source -- that's what "having a license" means.

      No. One thousand times no, you are utterly and completely wrong. A license can easily say that that's not the case and be perfectly enforcable. It really wouldn't even be odd; I've seen similar terms before, and in many fields.

      But that part of your post is the stupidest thing I've seen on /. in a while, so congratulations on that much at least.

      If, on the other hand, the particular copy is bought then the owner has a right to use his property however he wishes, within the bounds of the law.

      And in fact, that's what the reality of the situation is, and RIAA et al have never said otherwise. It's only people on /. and the like who assume that it is any other way. That being said, the law doesn't allow a hell of a lot, so you still end up getting shafted.

      --
      -- 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.
  19. Re:"Laws" in russia? by Anonymous Coward · · Score: 0
    Correct me if I'm wrong

    You're either wrong or there are a lot of naive western investors who don't know there are no laws in Russia. Or maybe Putin just happens to have a lot of friends.

    MOSCOW, November 20 (RIA Novosti) - Accrued foreign investment in Russia totaled $130 billion as of October 1, up 34.8% year-on-year, of which $35.3 billion came in January-September, 31.7% more than last year, the Federal Statistics Service said Monday.
  20. Wouldnt it be cheaper and faster to by Anonymous Coward · · Score: 0

    Your local public libraries carries a tons of CD that you can borrow for FREE
    and rip it to your best MP3. I'm wondering when RIAA is going after the local
    public library

    1. Re:Wouldnt it be cheaper and faster to by Teresita · · Score: 1

      Your local public libraries carries a tons of CD that you can borrow for FREE and rip it to your best MP3. I'm wondering when RIAA is going after the local public library

      Now you know why the Patriot Act lets the guv'mint look at what items you checked out from the library.

    2. Re:Wouldnt it be cheaper and faster to by tehSpork · · Score: 1

      "Your local public libraries carries a tons of CD that you can borrow for FREE and rip it to your best MP3. I'm wondering when RIAA is going after the local public library."

      The libraries can't do anything about it, it's faulty media that allows the ripping to occur in the first place. And it does happen, we used to have a guy who would sit in the library where I work and rip CDs on his laptop without even checking them out.

      The RIAA won't go after public libraries, it's bad PR. That would be just as bad as suing a grandmother who doesn't even own a computer for music piracy. Wait a minute...

    3. Re:Wouldnt it be cheaper and faster to by eric76 · · Score: 2, Insightful

      More importantly, U.S. Copyright law explicitly permit public libraries to do what they are doing.

      Regardless of the RIAA's opinon, they can't do diddlysquat about it short of paying off Congress to change the law.

    4. Re:Wouldnt it be cheaper and faster to by mgiuca · · Score: 1
      The libraries can't do anything about it, it's faulty media that allows the ripping to occur in the first place.
      Dude, what? Faulty media? You just called DRM-free media faulty!
  21. Hmm. by Anonymous Coward · · Score: 5, Funny

    THEIR SUING POWER IS OVER NINE THOUSAND!!!

    Lameness filter encountered. Post aborted!
    Reason: Don't use so many caps. It's like YELLING.

    1. Re:Hmm. by Anonymous Coward · · Score: 0

      WHAT NINE THOUSAND?!

  22. Re:"Laws" in russia? by Anonymous Coward · · Score: 0

    You are wrong and ignorant.

  23. are you kidding? by anomaly · · Score: 4, Interesting

    You *must* be trolling, right? If so, I guess I'm falling for it.

    He bought a legitimate license, lost his original copies in a natural disaster, and then downloaded replacements - and that's the moral equivalent of your download without purchasing any license? I don't see it.

    In his model, the money was paid to the copyright holder, and presumably some of that money made its way to the artist. When he downloaded replacements, he cost the copyright holder nothing, and only deprived them of the opportunity to charge him for an additional copy.

    I'm not saying what he did was morally right, but it's a darn close to acceptable in my book. I'm frankly uncertain of what I'd do in that situation. I keep an off site mp3 version of all of my legitimately purchased music, so I'm less exposed in the case of a natural disaster. It seems ridiculous to suggest that he should pay full price to have access to something he already paid full price for.

    I think it would be a good idea for you to pay for music. After all, if no one pays for music, there's no money to pay artists at all, regardless of the fairness of the contracts and the distribution mechanisms.

    Respectfully,
    Anomaly

    --
    But Herr Heisenberg, how does the electron know when I'm looking?
    1. Re:are you kidding? by Fyre2012 · · Score: 0, Flamebait
      Regardless of the moral equivalences, the argument brought to the courts is a legal one.
      It's easy to get caught up in the emotion of the issue while ignoring the legal rights of each side of the table.

      I'm not saying what he did was morally right, but it's a darn close to acceptable in my book
      Unless your book happens to govern the land in which you reside, yours (and for that matter, everyone else's) personal views are irrelevant.
      Try to stick to the facts instead of pulling emotion into the issue, as it clouds the crux of the matter.
      --
      This is not the greatest .sig in the world, no. This is just a tribute.
    2. Re:are you kidding? by Anonymous Coward · · Score: 0

      For the record, I have no problem with what the guy did. Simply to play devil's advocate, though, lots of people lost cars in Katrina. Should they be entitled to walk onto a lot and get another for free, or should they have to buy it? It doesn't strike me as being Toyota's/Ford's/etc.'s problem.

    3. Re:are you kidding? by Rhone · · Score: 1

      Ethically speaking, I personally don't believe there's much wrong with downloading music one has already purchased. I certainly would have done the same thing in his situation, without feeling at all guilty about it. But it's worth pointing out that legally, the profane Anonymous Coward is correct--you do not buy any kind of license or any metaphysical "rights" to the music when you buy CDs. You are really just buying the physical CD itself; that's it. That was clarified right here on Slashdot in an interview with attorneys who defend against RIAA lawsuits.

      Here is a quote:

      Plus you seem to have a general misunderstanding about the basic principles of copyright law. When you buy a copy of something you have rights in the copy, that's it. No metaphysical rights to listen, reproduce additional copies, etc. I don't know what gives you this idea.

    4. Re:are you kidding? by Anonymous Coward · · Score: 0

      If you could just walk to a car photocopier and get one at no cost to anyone? Yeah I think they should be entitled to it.

    5. Re:are you kidding? by suv4x4 · · Score: 1

      I'm not saying what he did was morally right, but it's a darn close to acceptable in my book. I'm frankly uncertain of what I'd do in that situation. I keep an off site mp3 version of all of my legitimately purchased music, so I'm less exposed in the case of a natural disaster.

      You know, I see people cursing music DRM, swearing left and right about RIAA tactics, now I'm reading also about having offsite backups of your music. I mean WTF you guys?!

      It's MUSIC. Have you ever considered you can actually just understand for the huge hassle all of this has become, and just not buy music at all?

      DRM is bad, CD-s have to be ripped and can be damaged, legal unencumbered downloads nowhere in sight. Well, and? I mean, is music so crucial to your quality of life that your life is worth wasting in arguments for or against music downloads, when they are moral, when they are not and when we have obscure edge cases that are neither.

      It's so all redundant, pointless and ridiculous. Listen to radio, or whistle or hum or whatever or loop some white noise of you need something playing in the background. There's far more worthy things to discuss and spend time on.

    6. Re:are you kidding? by Anonymous+McCartneyf · · Score: 1

      "I mean, is music so crucial to your quality of life that your life is worth wasting in arguments for or against music downloads, when they are moral, when they are not and when we have obscure edge cases that are neither."
      For some of us--yes!

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    7. Re:are you kidding? by Anonymous Coward · · Score: 0
      bought a legitimate license, lost his original copies in a natural disaster, and then downloaded replacements - and that's the moral equivalent of your download without purchasing any license? I don't see it.
      So long as he didn't also claim them as a loss on his insurance claim.
    8. Re:are you kidding? by kjart · · Score: 1

      It seems ridiculous to suggest that he should pay full price to have access to something he already paid full price for.

      Just to play devil's advocate, it would be ridiculous to justify stealing a car due to the fact that your car was destroyed in an accident. I'd also mention that when you buy a CD you're buying a CD and not a license, but someone explained that admirably further up.

    9. Re:are you kidding? by delinear · · Score: 1

      Just to play devil's advocate's advocate, we're not talking about stealing music - whether you buy from AoMP3 or download free torrents, it's not theft. You deprive nobody of their property. It may be an infringement of the copyright owner's rights, but that's not the same as theft. That's an important distinction, and one people always seem to miss.

      To correct your example, it would be like his car being destroyed in an accident so he makes an exact copy of your car (or pays someone a fee to make him a copy), identical in every way to, but without depriving you of, your car. He makes one single copy, merely to replace his car (which was destroyed in a natural disaster beyond his control, after all). Suddenly that seems a little more reasonable, doesn't it? If it costs you nothing for him to replace what he lost through no fault of his own, I should think it would be uncharitable to say the least for you to deny him that option.

      Now, if someone said their CD collection was destroyed and they were stealing CD's from stores to replace them, your analogy would have been appropriate. Since that's not the case here, you might want to be a little more careful with the FUD spreading?

    10. Re:are you kidding? by undii · · Score: 1

      Not sure if anyone else has commented on "I think it would be a good idea for you to pay for music. After all, if no one pays for music, there's no money to pay artists at all, regardless of the fairness of the contracts and the distribution mechanisms." But paying $$ to see the said artists at gigs can sure make up the lost $$ from CD sales (that the said artists get stuff all % of). When I was in bands, we always accepted on GIVING AWAY our music on tape/cd so ppl turned up to gigs and paid $$ which we got 100% or vast majority of.. SCREW THE RIAA and all the other f*cking business shirts who want $$ for 'nothing' ,,|,

    11. Re:are you kidding? by zoftie · · Score: 1

      This is the grey area, where consumers should reassert their rights to additional copies of copyrighted works, if the old one is damaged or lost, at a nominal price. Way back, you couldn't track customers, but now you can. We are by all means allowed to demand such access, because it is fairly trivial to implement that.
      2c

    12. Re:are you kidding? by savuporo · · Score: 1

      Hey, heres a nice and simple thought excercise. If everybody, every single body, i mean everyone would stop paying for music. What would happen ? You think people would stop making music ? No. The manufacturing of music would stop, but making of music would not. I'd happily live in a world where you dont have to pay for the software nor music .. oh wait, whats this Debian shiny thing on my desk ?

      --
      http://validator.w3.org/check?uri=http%3A%2F%2Fwww.slashdot.org Errors found while checking this document as HTML5!
  24. Re:"Laws" in russia? by Anonymous Coward · · Score: 0

    Are you being serious or just trolling?

    It depends on this if I should bother to correct you. :-p

  25. For the good of the planet ... by Anonymous Coward · · Score: 1, Insightful

    ... somebody please nuke RIAA HQ.

    Humanity just doesn't deserve the shit that those lawyers have in their heads.

    And to any lawyers who may be reading this ... why are you not stopping these "colleagues" of yours from their unrestrained rape of not just the afluent west but the world at large?

    If you continue to do nothing, then don't complain when lawyers are regarded as parasitic scum by the rest of society.

    1. Re:For the good of the planet ... by nomadic · · Score: 1

      Humanity just doesn't deserve the shit that those lawyers have in their heads.

      The CEO of the RIAA isn't a lawyer. Neither, I presume, are a lot of the members and officers. The tendency to assume that the driving force behind every lawsuit is a lawyer is erroneous. The way it happens in 99% of the cases is this: Someone has a problem. They think there may be a legal solution. They come to us. We tell them what can be done on the legal front.

      If you have a problem with the law (and this lawsuit really is based on the law), you have to petition your representatives in Congress to do something about that.

      And to any lawyers who may be reading this ... why are you not stopping these "colleagues" of yours from their unrestrained rape of not just the afluent west but the world at large?

      First of all, assuming for the sake of argument your premise that they're practicing "unrestrained rape" what exactly do you expect us to do? It would be exactly like me saying "all you programmers, why aren't you stopping those "colleagues" of yours from writing viruses?"

    2. Re:For the good of the planet ... by Anonymous Coward · · Score: 0

      > If you continue to do nothing, then don't complain when lawyers
      > are regarded as parasitic scum by the rest of society.

      A little late for that :)

    3. Re:For the good of the planet ... by shark72 · · Score: 2, Informative

      "The CEO of the RIAA isn't a lawyer. Neither, I presume, are a lot of the members and officers."

      The CEO, Mitch Bainwol, doesn't have a JD, but he does have an MBA, which I believe makes him just as hated by Slashdotters. However, the RIAA"s president, one Cary Sherman, is Harvard Law '71, and was an IP lawyer for several years. FWIW, he's also dabbled in software copyright; he wrote this book which I'm sure is a thrilling page-turner.

      By the way, I ran into Cary Sherman a few years back at CES. He's about 5'8". I could probably take him in a fight.

      --
      Sitting in my day care, the art is decopainted.
    4. Re:For the good of the planet ... by theLOUDroom · · Score: 1

      what exactly do you expect us to do?

      DISBAR THEM

      Unlike your poor analogy to computer programming, law is not something you can practice in your parent's basement. Lawyers like to claim they have professional ethics.... prove it.

      --
      Life is too short to proofread.
    5. Re:For the good of the planet ... by flamearrows · · Score: 1

      What's difficult to understand? You work for a client. The lawyers aren't to blame - they simply facilitate.

      --
      The indiscriminate use of vulgar language is the linguistic crutch of the inarticulate motherfucker
    6. Re:For the good of the planet ... by GnuDiff · · Score: 1

      Funny, that's just what Eichmann said at his trial.

    7. Re:For the good of the planet ... by flamearrows · · Score: 1

      Godwin's law - you lose.

      --
      The indiscriminate use of vulgar language is the linguistic crutch of the inarticulate motherfucker
    8. Re:For the good of the planet ... by nomadic · · Score: 1

      DISBAR THEM

      I'm not a committee of the Bar. I can't disbar anyone. The best I can do is file a complaint with the Bar. Which I would do if I knew a lawyer was engaging in activities that were illegal or in violation of the rules of the Bar of which he or she were a member. But you know what, you can too. Anyone can file a complaint with the Bar.

    9. Re:For the good of the planet ... by Anonymous Coward · · Score: 0

      Anyone can file a complaint with the Bar.

      Yet, despite being able to, you'll notice that no lawyer ever files a complaint again the RIAA lawyers. Why?

      I see only three possible reasons:

      (i) Because the RIAA lawyers stay within the letter of the law, and as long as the letter of the law is respected, other lawyers couldn't give a toss about the ethics of their activities. In other words, lawyers have no independent moral standing of their own, and hence see no reason to complain about the unprofessional antics of their colleagues because "professionalism" is equated with the letter of the law and nothing else. Institutionalized professional myopia, you could call it. Or, alternatively, ...

      (ii) Because lawyers really are scum that want to play both side like arms dealers, just as long as there is lots of work and profit involved. In which case, filing a complaint with the Bar would obviously be counterproductive for their own wallets. Or possibly, ...

      (iii) Because they cannot grasp the concept that actively facilitating a course of action implies endorsement of that action. Consequently, they also believe that the destruction of thousands of people's lives by the RIAA has absolutely nothing to do with them despite the fact that the entirely of the action is being performed by lawyers. Well, I'm not sure what to call this third alternative, but I wouldn't expect too many lawyers to be the clinical morons that holding it would imply. In any event, holding this view would be a reason not to file a complaint since the holder can see cause and can see effect, but does not recognize that lawyers are the medium that links the two.

      So, which is it? I certainly can't see any other alternative, as most others tend to be variations on (i), a curious belief in moral immunity regardless of the widespread hard being done to society through legalistic (but unfortunately legal) action.

      The fact that nobody has filed a complaint with the Bar despite the very well documented edge-of-the-law legal shenanigans involved speaks louder than words. One of those three alternatives applies, and none of them is complimentary.

    10. Re:For the good of the planet ... by nomadic · · Score: 1

      (i) Because the RIAA lawyers stay within the letter of the law, and as long as the letter of the law is respected, other lawyers couldn't give a toss about the ethics of their activities. In other words, lawyers have no independent moral standing of their own, and hence see no reason to complain about the unprofessional antics of their colleagues because "professionalism" is equated with the letter of the law and nothing else. Institutionalized professional myopia, you could call it. Or, alternatively, ...

      Ok, if those are the only 3 reasons you can come up with you have a catastrophic failure of imagination. Just because you don't have the legal grounds to bring a complaint, suddenly by not filing a complaint means you "don't give a toss"? When you

      (ii) Because lawyers really are scum that want to play both side like arms dealers, just as long as there is lots of work and profit involved. In which case, filing a complaint with the Bar would obviously be counterproductive for their own wallets. Or possibly, ...

      If all lawyers wanted was work and profit then filing Bar complaints would be a great idea. Knock out your opponents lawyer and you have an easier job.

      (iii) Because they cannot grasp the concept that actively facilitating a course of action implies endorsement of that action. Consequently, they also believe that the destruction of thousands of people's lives by the RIAA has absolutely nothing to do with them despite the fact that the entirely of the action is being performed by lawyers. Well, I'm not sure what to call this third alternative, but I wouldn't expect too many lawyers to be the clinical morons that holding it would imply. In any event, holding this view would be a reason not to file a complaint since the holder can see cause and can see effect, but does not recognize that lawyers are the medium that links the two.

      Alright, cut the melodrama. What you're talking about here is the OPPOSITE of "actively facilitating", so this paragraph makes no sense. And whose lives have been "destroyed" by RIAA lawsuits? I mean, come on, if the worst thing that's ever happened to you is you lose a few thousand dollars in a lawsuit you're living a charmed life, my friend.

      The fact that nobody has filed a complaint with the Bar despite the very well documented edge-of-the-law legal shenanigans involved speaks louder than words. One of those three alternatives applies, and none of them is complimentary.

      Put your money where your mouth is. Go file a complaint.

    11. Re:For the good of the planet ... by Surt · · Score: 1

      The tendency to assume that the driving force behind every lawsuit is a lawyer is erroneous.

      Pretty much every such lawsuit is executed by a lawyer, however, and those lawyers do have a responsibility to refuse representation of frivolous suits.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    12. Re:For the good of the planet ... by shark72 · · Score: 1

      "And whose lives have been "destroyed" by RIAA lawsuits? I mean, come on, if the worst thing that's ever happened to you is you lose a few thousand dollars in a lawsuit you're living a charmed life, my friend."

      When arguing about music piracy, allofmp3, the RIAA, and so on, the key is to go over the top:

      1. A $3,500 settlement "destroys your life."
      2. Everybody who works in the record industry is a cokehead with a pathological fondness for prostitutes.
      3. Artists are rich and greedy. (except for the ones who are kept in indentured servitude by the record company. There's apparently no middle ground.)
      4. P2P users are freedom fighers performing a civil disobedience.

      As an aside, the interesting thing about those $3.5K settlements is that the RIAA, as I understand it, attempts to target the "whales" who have in excess of 1,000 tracks in their share directories. Assuming for a moment that they are not simply sharing their vast CD collection (after all, these are P2P enthusiasts; they probably don't roll with "buying CDs"), the net result is that you end up paying $3.50 per track shared (and possibly much less if you were caught sharing more than 1,000 tracks). Given that a new CD with eight tracks on it often goes for around $13 or $14 nowadays, that's not too bad... it's almost a "download now, pay later" plan.

      --
      Sitting in my day care, the art is decopainted.
    13. Re:For the good of the planet ... by GnuDiff · · Score: 1

      :)

      Then again, my quote seems to be rather proverbial.
      I wouldn't mind subsituting Nazi reference for something else on the same lines, but I haven't heard anything as recognizable yet.

  26. I'd imagine the payment goes something like this by Anonymous Coward · · Score: 0

    RIAA: What is this, where's all the money?
    Russia: That's as good as money sir. Those are IOUs.
    Russia: Look, $125,000. Might want to keep that one.

  27. One possible hilarious response by Jugalator · · Score: 2, Interesting

    A hilarious response would be if the Russian government would now confirm that Allofmp3 operated within the country's laws.

    --
    Beware: In C++, your friends can see your privates!
    1. Re:One possible hilarious response by westlake · · Score: 1
      A hilarious response would be if the Russian government would now confirm that Allofmp3 operated within the country's laws.

      an even more hilarious response would be if Putin decides membership in the WTO is worth more than the applause of the Slashdot Geek.

      that mp3 sales are not the prime driver of the Russian economy.

  28. Come sue my ass by Overzeetop · · Score: 0, Offtopic

    I dare you.

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

      Oh, that'll scare them away. Yep, that's them in the corner cowering in fear of a slashdotter.

    2. Re:Come sue my ass by ScrewMaster · · Score: 1

      It might if that Slashdotter were, say, an IBM attorney specializing in IP law.

      --
      The higher the technology, the sharper that two-edged sword.
  29. Whoa! by Anonymous Coward · · Score: 0

    Just like all the Naz-

    Phew. That was a close call. ;)

    But seriously, wtf? I googled briefly and got this --> http://www.politicalcortex.com/story/2006/10/14/11 926/843

    Got any MSM links (though I wouldn't be surprised if there were none, true or not)?

    1. Re:Whoa! by Cadallin · · Score: 1

      I was rather Studiously trying to avoid the comparison with the Nazis, but whatever. English mainstream media coverage of the purchase is rather hard to find. "The Guardian" in the UK covered it, http://www.guardian.co.uk/international/story/0,,1 928928,00.html They, along with lots and lots of blogs, say the event was commonly reported in South American Newspapers, unfortunately, I am literate in neither Spanish, nor Portugese, which makes searching for original reports a bit difficult.

  30. Whatever by segedunum · · Score: 1

    I'm afraid that whatever the RIAA does, and whatever the figure in damages they're claiming, it doesn't mean diddly squat.

    Not to RIAA: There are no fucking laws whatsoever in Russia, and no way of claiming anything against AllofMP3.

    Their best and most thoughtful bet would be to collaborate with AllofMP3, support them and take their cut out of the whole thing that way, because they have absolutely zero chance of getting at them in any other way.

    Naive western investors and lawyers still laughably believe that they can go and sue people over there.

    1. Re:Whatever by Zelucifer · · Score: 1

      Holy crap, no laws?!? WTB organs, PST. Leaving for Russia as soon as the organs arrive.

      --
      The corner of a round room
    2. Re:Whatever by Maxo-Texas · · Score: 1

      There is some truth to that. Contracts really don't have the same force that they do here.

      You regularly have things like selling several people exclusive rights to an area and broken contracts and folks just have to suck it up.

      The government has not fostered a huge respect for the rule of law there.

      Even in this case, allofmp3 is illegal the second that the government wants it to be.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  31. No. This is NOT a good thing for us. by Anonymous Coward · · Score: 0

    All it will do is increase the level of fear amongst the unwashed masses. In their minds this just reinforces the belief that the **AA have the power to do anything to anybody. And unfortunately it's hard to argue with that.

  32. Screw them both. by remove+office · · Score: 3, Insightful

    Okay, it's gonna be unpopular and I'll get modded as a troll probably, but I've got to say it.

    I'm not a big fan of the RIAA, but I'm also not a big fan of AllofMP3. Yes, it's legal in Russia (through a loophole in radio licensing they're trying to close), but not here in the US.

    A ton of Slashdotters use it because they think it's a good business model and they feel like they're doing something legal because they're paying for music. Sure it's a nice business model- the way they calculate the price you pay by measuring the amount you're downloading in MBs, but they money that goes to AllofMP3 doesn't end up in the artist's hands any more than it does when you pay money to a record label by buying music on a CD here in the USA (in fact less: none to be exact). Sure, you can complain all you want about the evil RIAA and how they don't give enough money to artists, and boycott them all you like. But the truth is artists get NO money from AllofMP3 (instead of an unfair tiny amount from the RIAA). They're just profiting off of other people's work. Like the RIAA but worse. Instead of a tiny amount of money going to the artists, the moeny goes instead entirely to the proprietors of AllofMP3 (who are rumored to be connected to the Russian mafia, by the way).

    1. Re:Screw them both. by ColaMan · · Score: 4, Informative

      AllOfMP3 gives their required amount as required by Russian law to the Russian equivalent of the RIAA, who then is supposed to distribute it to all the needy artists under their wing. While the method is considered a loophole as such, it's still perfectly legal under Russian law.

      And I believe the Record Industry Association of America is just a little bit out of it's jurisdiction here. Hence the stupid filing in an American court. Try that kind of scare tactic in Russia and as people have already mentioned, AllOfMP3 would simply pay the local mafia a small sum to make the problem.... disappear.

      --

      You are in a twisty maze of processor lines, all alike.
      There is a lot of hype here.
    2. Re:Screw them both. by Overzeetop · · Score: 4, Insightful

      Not a troll, you have a valid point, but I'm curious which of the two would you rather we support?

      From the information on their website, it appears that they pay a fixed percentage of sales to royalties. Registered artists, I presume, get royaties - I haven't looked into their financials, so I can't verify that. I don't read Russian either, so I probably couldn't figure it out even if I had the paperwork. The RIAA doesn't like the terms, so they don't want to play. Artists don't enter into it - they don't own their work. IF they did, they could hire a lawyer to do the paperwork, and get their money.

      On a personal, philosophical level...

      I'm all for compulsory licensing of any published creative work. Don't want it available? Don't publish it.

      This would "fix" the Disney vault problem, and allow works to be re-published for a fixed fee. Presumably, original content owners could still create premium content by republishing with value added features. Most of the movie houses already re-release a title several times to get people to re-buy.

      As for starving artists, I say get off you lazy asses, out of the studio, and go entertain in person. If your contract forbids such work...well, you signed the contract, yo ulive with the consequences. If you don't like it, go work 9-5 like everyone else. You're not required to make music to live.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    3. Re:Screw them both. by remove+office · · Score: 1

      And I believe the Record Industry Association of America is just a little bit out of it's jurisdiction here. Hence the stupid filing in an American court.

      I think you're confusing me with somebody who thinks the lawsuit is valid.

    4. Re:Screw them both. by Technician · · Score: 2, Informative



      A ton of Slashdotters use it because they think it's a good business model and they feel like they're doing something legal


      And many ignore that even if pirate CD's (physical ones) are legal in some country, importing them into the US is not legal. Even if All of MP3 is legal in russis, Importing the MP3's into the US is not legal. There are import restrictions on imported pirated materials.

      The question is, "Is the lawsuit proper against the AllofMP3?". I think the real lawsuit should be against the illegal importers of the MP3's (US consumers of AllofMP3). Lawyers are involved, so the target right or wrong is the big pot with possible deep pockets even though they are out of the USA.

      --
      The truth shall set you free!
    5. Re:Screw them both. by SkeptiNerd75 · · Score: 5, Insightful

      I'm not a big fan of the RIAA, but I'm also not a big fan of AllofMP3. Yes, it's legal in Russia (through a loophole in radio licensing they're trying to close), but not here in the US.

      Let me get this straight. When a company moves its manufacturing division from the U.S. to Malaysia to take advantage of the industry-friendly labour laws in that country, they're applauded for their ingenuity. On the other hand, when U.S. consumers take advantage of consumer-friendly copyright laws overseas, they're criminals.

    6. Re:Screw them both. by Tony+Hoyle · · Score: 2, Informative

      They're not pirated. If you buy something legally in russia, using rubles, then it's your property. What the US thinks doesn't mean diddlysquat.

      Importing your own property is legal.

    7. Re:Screw them both. by Macthorpe · · Score: 2, Informative

      Straight from AllofMP3:

      "Is it legal to use the AllOfMP3 pay service in the United States (US)?

      Although to our knowledge there is no direct precedent on the legality of accessing a service like ours from the US (i.e., using a legal music download service located outside of the US), we, however, do believe that there are at least several statutes, each of which, should allow users to access our service in the US; such as 17 U.S.C. 602(a) (the "Importation for Private Use Exception"); 1008, 1001 (the "iPod Exception"); 109 (the "First-Sale Doctrine/Anti-'Double-Dip' Exception"); 107, 117 (the "Fair-Use/Backup Exception"); among others."

      What they are saying is that it's legal to buy it in Russia, and you're allowed to legally import paid-for music from other countries for private use only, which brings us straight back to "Is it legal in Russia?", none of which (as far as I know; IANAL) a civil American court has no jurisdiction in deciding.

      --
      "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
    8. Re:Screw them both. by mrsmiggs · · Score: 1

      Not a troll, you have a valid point, but I'm curious which of the two would you rather we support? You don't have to support anyone this ain't football, just laugh at the ineptitude of it all and hope that they both spend ridiculous amounts of money suing and counter suing each other.

    9. Re:Screw them both. by jack_call · · Score: 1

      When a company moves its manufacturing division from the U.S. to Malaysia to take advantage of the industry-friendly labour laws in that country, they're applauded for their ingenuity. You're applauding companies that moves jobs out of the US?

      On the other hand, when U.S. consumers take advantage of consumer-friendly copyright laws overseas, they're criminals. Allofmp3 is not the criminals here, it's the US consumers who illegally imports pirated material. If you go to Holland and buy some hashish, the DEA doesn't come after the coffeeshop, but they come after you if you import it to the US. If it's not contaband in the country you bought it, and it is in the US, the only criminal is you if you import it.
      --
      This is my sig. There are many like it but this one is mine. My sig is my best friend. It is my life.
    10. Re:Screw them both. by 1u3hr · · Score: 1
      But the truth is artists get NO money from AllofMP3 (instead of an unfair tiny amount from the RIAA).

      The RTIAA refuses to even ask for the money owed and (supposedly at least) held in trust by ROMS. They don't let their artists collect, so they can say they "didn't get a dime". If they asked for it, and ROMS failed to cough up, then they'd have some justice.

    11. Re:Screw them both. by Anonymous Coward · · Score: 0

      shut up flanders! lil law abiding fruitcake

    12. Re:Screw them both. by RAMMS+EIN · · Score: 1

      ``Let me get this straight. When a company moves its manufacturing division from the U.S. to Malaysia to take advantage of the industry-friendly labour laws in that country, they're applauded for their ingenuity.''

      No, they're not. Haven't you noticed the complaints about offshoring and outsourcing?

      --
      Please correct me if I got my facts wrong.
    13. Re:Screw them both. by SkeptiNerd75 · · Score: 1

      No, they're not. Haven't you noticed the complaints about offshoring and outsourcing?

      My original post was unclear, so let me put it this way: the U.S government puts virtually no pressure on foreign governments to clean up labour practices that are inhumane (and indeed, some U.S.-controlled territories are among the worst offenders---see the Marianas Islands). Meanwhile, that same government does pressure foreign governments to fall in line with U.S. copyright laws. So it's OK for cooperations to take advantage of favourable foreign laws, but it is not OK for consumers to do the same.

    14. Re:Screw them both. by Kanasta · · Score: 1

      If you RTFM, AllofMP3 pays royalties. RIAA has the right to collect on those via Russia's version of RIAA. They don't.

      And the RIAA is rumored to be connected to the mob. SO what? Everyone is connected to everyone else (6 degrees of separation). You can't go after someone with a legal business just because they have friends who do illegal business.

    15. Re:Screw them both. by RAMMS+EIN · · Score: 1

      One nation, under the corporations, with liberty and justice for all who can afford them.

      --
      Please correct me if I got my facts wrong.
    16. Re:Screw them both. by Dunbal · · Score: 1

      If you buy something legally in russia, using rubles, then it's your property. What the US thinks doesn't mean diddlysquat.

            Right. Go to Amsterdam, buy some marijuana legally, and then try to import your "property". I'd like to see if the US' opinion means something. It depends on what you "import".

      --
      Seven puppies were harmed during the making of this post.
    17. Re:Screw them both. by Technician · · Score: 1

      Importing your own property is legal

      Fine, just go to the Cayman Islands. Visit the Turtle farm. Have some turtle stew. Buy a turtle shell. Try to get through customs on the way back... Not everything you buy overseas is legal in import to the USA.

      --
      The truth shall set you free!
    18. Re:Screw them both. by FallLine · · Score: 1
      When a company moves its manufacturing division from the U.S. to Malaysia to take advantage of the industry-friendly labour laws in that country, they're applauded for their ingenuity.
      While labor laws may play some small roll in US companies decision the outsource, the primary motivator is that labor is much cheaper there. The median income in Malaysia is roughly $10K per year (US median income is roughly 5x that). In other words, even if they had to pay US minimum wage the Malaysian employees would have a higher income than half Malaysia and would certainly be far better off than the average Malaysian in a similar job. That minimum wage would also still be about 65% cheaper than the wage of the average US factory worker (~$16/hour and that's ignoring benefits, overtime, etc) and those employees would tend be of a much higher caliber than a similarly compensated person in the US.

      There is no doubt that there have been abuses (like there have been in the US), but to argue that the Malaysians and others have not benefited overall from these jobs is simply wrong. If you think you're doing these workers a favor by trying to prevent jobs from migrating (or by trying to mandate US wage standards there), you are deluding yourself.

      Furthermore, while I do not know anyone that cheers the outsourcing US manufacturing jobs per se, it is inevitable and many companies simply must do it to compete internationally and domestically.
    19. Re:Screw them both. by Dirtside · · Score: 1
      AllOfMP3 would simply pay the local mafia a small sum to make the problem.... disappear.

      And this is better? You'd rather people solve their problems by having each other murdered rather than in an (ostensibly) non-violent court of law? Good grief.
      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    20. Re:Screw them both. by Anonymous Coward · · Score: 0
      I'm all for compulsory licensing of any published creative work. Don't want it available? Don't publish it.

      Would this apply to sex tapes and other such works which are sometimes constrained under copyright law?
    21. Re:Screw them both. by SQFreak · · Score: 1

      You two have just hit a small number of things that are illegal to import. My understanding of the customs laws and regulations are that goods that are illegal in the United States or that may damage the ecosystem are illegal to import. (There are probably others too, but not many.) Tobacco and alcohol have limitations on them, and goods over a certain amount are subject to duty (tax). Since audio recordings are legal to hold in the United States, as long as they're not further pirated in the US and they were legally obtained in Russia (as, under today's laws, recordings from Allofmp3 are), I don't think there's a legal issue there, though I really have no idea.
      This, of course, only applies to personal importation. If you've never been to Russia, you might have a problem, as I don't know how "importation" is construed.

    22. Re:Screw them both. by Anonymous Coward · · Score: 0

      Wait. The RIAA goes to an armed gang of thugs (US government) and tells them to pound the shit out of some company in some other country. Now if that company asked a gang of thugs to protect them, that would be immoral in what way exactly?

      What goes around, comes around. If the RIAA doesn't like violence, they should start in their own backyard, or at least in the USA.

    23. Re:Screw them both. by Technician · · Score: 1

      as, under today's laws, recordings from Allofmp3 are

      Actualy that is under question. If the site had a nice listing of Russian artists, there would be no questions. However, the site is loaded with American RIAA owned stuff. That's where the legality of the whole mess comes into question. They never obtained permission to sell any RIAA members product. If they did not have any RIAA stuff, then they couldn't be touched as the RIAA would have no infringement to complain about. The 150K per song would amount to 15K times nothing. A quick visit to the site shows this is not the case. They primarly sell RIAA controlled tracks.

      --
      The truth shall set you free!
    24. Re:Screw them both. by j_sp_r · · Score: 1

      It's illegal to own more then 5 grams of it, even for coffee shops (don't ask me where they buy it... They CAN'T buy hash legally)....
      It's a matter of not prosecuting... It's called the Poldermodel

    25. Re:Screw them both. by leuk_he · · Score: 2, Interesting

      If the RIAA wins with a default trail. (possible) then allofmp3 owes an absurd amount of money to the RIAA. There is the problem that they might not actually have that kind of money. However, If an USA artist has an song on allofmp3, could not a new york artist sue RIAA for the money RIAA should collect for the artist? because RIAA should give that money to the artist? not? 150.000 dollar is a lot of money for some songs! and the nice thing is that RIAA is located in the US of A, where USA artist coudl sue RIAA.

    26. Re:Screw them both. by Anonymous Coward · · Score: 0

      Furthermore, while I do not know anyone that cheers the outsourcing US manufacturing jobs per se, it is inevitable and many companies simply must do it to compete internationally and domestically. That's nice.

      I simply must purchase music overseas to maintain a competitive standard of living.
    27. Re:Screw them both. by kingpin2k · · Score: 1

      You are exactly right. Why is it that someone can expect to live forever in the lap of luxury because they produced a piece of "art" a decade ago? This is sick. I, too, would love to license six months worth of work and get paid for the continued use of it forever, but in the real world, you need to do work to get paid...so current work yields current pay.

      If someone does a concert this week, they should get paid for the performance of their blessed "art" (presuming people are willing to pay for it). However, the weekend in the studio a year ago isn't worth much right now (except in the world of RIAA extortion).

      Want me to give you a dollar today - do someting today!

    28. Re:Screw them both. by SQFreak · · Score: 1

      Current Russian law (and, yes, it will probably change) makes that not matter. Statutory licensing allows Allofmp3 to pay ROMS, the licensing society (like ASCAP and BMI), a certain amount, no matter who owns the copyright.

    29. Re:Screw them both. by FallLine · · Score: 1
      I simply must purchase music overseas to maintain a competitive standard of living.
      Your livelyhood does not depend on your maintaining a "competitive" standard of living, nor can you reasonably argue that music piracy is a net long-term gain.
    30. Re:Screw them both. by AK+Marc · · Score: 1

      Your livelyhood does not depend on your maintaining a "competitive" standard of living,

      A business does not have a "right" to livelyhood. Whatever choice they make to maximize profits seems reasonable to let people do to maximize their "profit" (in the sense of effective use of their money).

      nor can you reasonably argue that music piracy is a net long-term gain.

      I can. Just because you aren't smart enough to think of a valid argument does not mean one can not exist. Well, it can be if you claim you are smarter than everyone else on the planet combined (and, if you are the smartest person, you will note that it is not just that you are smarter than anyone else, but you must be smarter than everyone else). But, if you declare all arguements as unreasonable just because they are against a stance you have already made up your mind about, then I guess your claim is valid because you do not posess the ability to think. Either way, your arguement by asserting that everyone else is wrong because you say so does not work very well to convince anyone else.

    31. Re:Screw them both. by FallLine · · Score: 1
      A business does not have a "right" to livelyhood. Whatever choice they make to maximize profits seems reasonable to let people do to maximize their "profit" (in the sense of effective use of their money).
      I never once said or implied that businesses have a "right" to a livelyhood. My argument is that if the US does not allow many of these businesses to outsource certain parts of their businesses, then we will lose cause a greater loss of jobs and revenue (not just those few manufacturing jobs that represent a few percent of our economy). That said, I do think individuals, and thus companies by extension, should have have a generally unrestricted right to engage in commerce as they see fit baring some fundamental reason not to--generally as long as the two primary parties are willing participants and especially if both benefit. I view this is more than just something which is economically beneficial, but a fundamental part of the pursuit of happiness. In other words, no one should not guaranteed revenue or profits, but they sure as hell should be allowed to do what they want within reason to try.

      I can. Just because you aren't smart enough to think of a valid argument does not mean one can not exist. Well, it can be if you claim you are smarter than everyone else on the planet combined (and, if you are the smartest person, you will note that it is not just that you are smarter than anyone else, but you must be smarter than everyone else).
      One, it is the law. Two, numerous economic theory and studies support it. Three, I have argued this issue extensively on slashdot and other places and I do not believe you have a good argument against. Four, one does not need to be the smartest person in the world to determine what is "reasonable". Please refer to the well established legal fiction of the "reasonable man" with its origins in common law. Society would fall apart with such a notion.

      Either way, your arguement by asserting that everyone else is wrong because you say so does not work very well to convince anyone else.
      Uh, in support of copyright law, I have the support of: the most respected economists; the legal system of virtually every developed country; the US Constition; and the founding fathers... to name a few. It is hardly "just" me.
    32. Re:Screw them both. by AK+Marc · · Score: 1

      One, it is the law.

      So was slavery, and it was claimed that all sorts of economic collapse would follow if it was abolished.

      Two, numerous economic theory and studies support it.

      Same as slavery at the time.

      Three, I have argued this issue extensively on slashdot and other places and I do not believe you have a good argument against.

      Sounds like a good southern man in the 1850s.

      Four, one does not need to be the smartest person in the world to determine what is "reasonable". Please refer to the well established legal fiction of the "reasonable man" with its origins in common law. Society would fall apart with such a notion.

      And it must have been reasonable for slavery to exist, since it was endorsed by the founding fathers and supported in the colonies for many years.

      My opinion is that complete abolition of IP laws would result in greater artistic, creative, and scientific acts, products, and discoveries. I have never seen anything that disrupts that belief. I have seen some arguments about how profits for specific industries/people currently enjoying large profit margins would be harmed, but not that the total advancement would be any less than it currently is. By my reading of the Constitution, that makes all IP laws in the US unconstitutional.

      Uh, in support of copyright law, I have the support of: the most respected economists; the legal system of virtually every developed country; the US Constitution; and the founding fathers... to name a few. It is hardly "just" me.

      They why do you not honor copyright law? The Russian copyright law, like the US copyright law, provides for compulsory licensing in specific instances. Why do you object to Russia's rules, but not ours? Because you are obviously favoring one law over another for an international matter, it seems to me that the issue isn't the law. It is you coming up with your opinion, then trying to find things that support your opinion. That isn't going to enable you to convince anyone. Russian law allows allofmp3 to operate legally. So why are you against upholding valid copyright laws?

    33. Re:Screw them both. by FallLine · · Score: 1
      So was slavery, and it was claimed that all sorts of economic collapse would follow if it was abolished.
      Not quite. Adam Smith probably, the most respected economist of modern history, was opposed to slavery. He said: "From the experience of all ages and nations, I believe, that the work done by free men comes cheaper in the end than the work performed by slaves. Whatever work he does, beyond what is sufficient to purchase his own maintenance, can be squeezed out of him by violence only, and not by any interest of his own.". David Hume, another great economist and philosopher of the day was also opposed to it. There were many other respected intellectuals that opposed it for economic and moral reasons (even those that thought slaves were lesser beings). Though a handful of people of the day may have attempted to make economic arguments in support of slavery, the only way to arrive at this point is to assert that slaves were non-people and thus should not count into the calculus or that it was permissable as a form of self-defence (e.g., Locke was opposed to it, except as a consequence of an unjust war against the enslaver). Then we also have the empiric evidence that the south was an economic backwater (thanks in no small part to the institution)... In short, the economic arguments in support of slavery were extremey weak (even for white society) and had no basis in net wealth creation.

      In any event, your argument that we shouldn't enforce laws because "we" were wrong about slavery and therefore we might be wrong about copyright runs contrary to almost any accepted philosophy and legal wisdom. The law must proceed as it is on the books on the presumption that it is correct; law can be changed and challeged in the courts. If you believe the law is unjust, you are free to visibly resist but you must willingly accept your punishment (see anyone from Socrates to MLK Jr). To do otherwise is cowardly and is a greater violance against society.

      They why do you not honor copyright law?
      We are in the United States and we are talking about the rights of US citizens in US territory to violate copyright law. It doesn't get much more cut and dried than this. Russian law is an entirely seperate consideration.

      The Russian copyright law, like the US copyright law, provides for compulsory licensing in specific instances.
      This is, at best, a technicality under Russian law in the case of allofmp3 and is sure to get stomped out soon. Russia stands to lose admission to the WTO if they do not. Furthermore, compulsory licensing would imply that they're actually paying the artists and all evidence suggests that they have not.

      Why do you object to Russia's rules, but not ours.
      Russia's legal system is weak in many areas, not just IP, and they do not have anything close to a healthy economy based innovation and authorship due in no small part to their weak support of IP and the rule of law itself. What's more, I believe that one should have the right to enjoy the fruits of their labor, whether physical or intellectual, so this "law", if that is what you want to call it, is not defensible.
    34. Re:Screw them both. by AK+Marc · · Score: 1

      If you believe the law is unjust, you are free to visibly resist but you must willingly accept your punishment (see anyone from Socrates to MLK Jr). To do otherwise is cowardly and is a greater violance against society.

      So the abolitionists that sat up north and said "slavery is bad" and did nothing about it were courageous people, but those that ran the Underground Railroad and died trying to free slaves were cowards. I don't agree with your assertions.

      Furthermore, compulsory licensing would imply that they're actually paying the artists and all evidence suggests that they have not.


      I seem to recall that allofmp3 posted receipts or canceled checks or something to prove that they paid some money to the Russian agency that collected compulsory licensing fees. They are not required to pay the artists, just like the compulsory licensing fees in the US do not require fees paid directly to the artist. The RIAA has never asked for the money. They chose to not ask for the money because they want to be able to say no one ever paid the artists, even though the money has been offered to them many times. The reason the artists have not been paid is quite simply the fault of the RIAA.

      What's more, I believe that one should have the right to enjoy the fruits of their labor, whether physical or intellectual, so this "law", if that is what you want to call it, is not defensible.

      This is what I said all along. I do not think you care one whit about the law. I think that you care only about furthering your personal opinion by pretending that your opinion is based on fact (it is based solely on irrational emotion). You have stated that you don't care what the law says, it is wrong because it doesn't agree with you, but previously you hid behind the law when it did suit you. That inconsistency indicates that you aren't looking to discuss the points on this topic, but preach from the pulpit about what you know is right and nothing can convince you otherwise. Not that there is anything wrong with that, but you should at least recognize it.

  33. How do they pay it ? by Joebert · · Score: 2, Interesting

    I've seen a handfull of people wondering how they would pay such a fine if ruled against, simple, they wouldn't.
    Suits of this nature are filed knowing full well there's no way the entity could possibly fullfill the terms, which cripples the entity & ensures they can not recover & continue business as usual.

    Funny thing is, if ruled against, I could see allofmp3 flipflopping & silently going bankrupt through their US counterpart somehow, then starting all over again.

    --
    Wanna fight ? Bend over, stick your head up your ass, and fight for air.
    1. Re:How do they pay it ? by Anonymous Coward · · Score: 0

      Store credit!

    2. Re:How do they pay it ? by Anonymous+McCartneyf · · Score: 1

      I don't believe that Allofmp3 has an American division. It's just got a Russian division with an English-language website that takes American money.
      That's why this lawsuit is an exceptionally bad idea: because Allofmp3 is Russian, there is no way the RIAA will get anything from them this way.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
  34. Re:"Laws" in russia? by Anonymous Coward · · Score: 3, Funny

    Well I for one hope Putin uses AllOfMP3 because this means there may be an radioactive solution to all of my RIAA issues and if anyone deserves some 3rd world evil empire justice it's the RIAA. ;)

  35. Re:"Laws" in russia? by Anonymous Coward · · Score: 0

    Funny, I'd say the same about the United States and Bush:P

    (BTW, no European nation talks too badly publicly about Putin or we fear that our heating oil and natural gas supplies from Russia will be cut off.)

  36. Sue for who? by fishthegeek · · Score: 1

    Sue for a Trillian? Why the hell would they do that? Especially after she fell for that stupid... "I'm from another planet. Wanna see my space ship?" line. I mean geesh.... she wasn't even that hot.

    --
    load "$",8,1
    1. Re:Sue for who? by Nocturnal+Deviant · · Score: 1

      im sorry but that was the worst joke ive ever heard even in the geekdom that is slashdot, please go give yourself ten wedgies, *cough* i mean pushups

      --
      -Noc
  37. I'm surprised they don't go for.... by transporter_ii · · Score: 1

    I'm surprised they don't pull an Al Bundy and go for a bazillion dollars.

    Also, what would a trillion dollars convert to in Brazilian dollars? I'm sure there is a good Bush joke in that somewhere, too...

    Transporter_ii

    --
    Doctors destroy health, lawyers destroy justice, universities destroy knowledge, religion destroys spirituality
  38. Re:"Laws" in russia? by ray-auch · · Score: 1

    Putin has a lot of friends, or at least people who play along and don't upset him. Power buys that.

    Anyone from the outside investing in Russia should know full well that it is a high-stakes gamble. The state could shut you down at any time - but ont he other hand, Putin can't afford to do that too often since he'd scare all that money away. So you just try to keep your head down and not be one of the ones he picks on.

  39. Best music store buissness model? by donaldGuy · · Score: 1

    Why is it that the best online music store (in terms of reasonable price, freedom of use, and audio quality) is the one of questionable legality? I doubt it'd be effective, but I'd like to see the EFF or similar get involved with somehow using allofmp3 as an example of a reasonable distribution model.. because seriously .. this is the best system I have heard of. Anybody else agree?

    1. Re:Best music store buissness model? by Anonymous Coward · · Score: 0

      It's of "questionable legality" because the artists that make the music don't get paid, the record companies that distribute it don't get paid, and the investors that financed it don't get paid.

    2. Re:Best music store buissness model? by mrsmiggs · · Score: 1

      Check out bleep.com it's 1GBP per track and then there's also eMusic which is a subscription service. Both are DRM free and offer good quality music, you can't offer the prices AllofMP3 offer but you can offer the quality and freedom it offers at a similar price to iTunes and Napster given a bit of economies of scale there's no reason with Major Label backing you couldn't offer the product. The majors will just not accept it, unfortunately.

    3. Re:Best music store buissness model? by shark72 · · Score: 1

      "Why is it that the best online music store (in terms of reasonable price, freedom of use, and audio quality) is the one of questionable legality?"

      Maybe that was a rhetorical question, but generally speaking, US law states that you owe a minimum of around $0.08 per track to the composer and songwriter for each track you sell; they're called mechanical royalties and there are usually additional royalties that the performer (ie. the celebrity whose name is on the CD cover) expects if they're not the composer and the songwriter. This is one reason why, say, emusic and Magnatunes (two somewhat well known purveyors of DRM-free tracks) could not sell tracks for $0.10 in the USA even if they wanted to.

      "but I'd like to see the EFF or similar get involved with somehow using allofmp3 as an example of a reasonable distribution model.. because seriously .. this is the best system I have heard of."

      Frankly, I don't see the EFF lobbying the government to lower the statutory royalty rates. It's not really their area. For what it's worth, there was news about a month ago that the RIAA was trying to lower the statutory royalty rates; Slashdotters (presumably the half that are not allofmp3 fans) got extremely irked at this notion -- for good reason, IMHO.

      "Anybody else agree?"

      I do not. I think composers and songwriters are underpaid as it is. However, I acknowledge that this isn't a popular opinion around here -- many allofmp3 fans think that artists make too much money.

      --
      Sitting in my day care, the art is decopainted.
  40. RIAA stands for *what*? by myowntrueself · · Score: 5, Insightful

    Surely the "R" doesn't stand for "Recording". Must be for "Racketeering"

    The Racketeering Industry Association of America. Thats more like it.

    --
    In the free world the media isn't government run; the government is media run.
    1. Re:RIAA stands for *what*? by bill_mcgonigle · · Score: 1

      And don't forget the "America" part.

      I think they ought to just stop selling their product into the Russian market. If they've lost more than the Russian GDP on AllofMP3, then selling to Russia is just bad for business. The math doesn't lie.

      Let's see if they do that...

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  41. A trill-what? by Conti · · Score: 1

    A trill-what dollar? Is that money? I never found such a coin in my wallet. Let me have another look, I just got some change from the grocery...

  42. RIAA vs credit card companies? by heretic108 · · Score: 3, Interesting

    Anyone want to speculate that RIAA might start taking action against credit card companies who process payments to websites such as AllOfMP3.com?

    If AllOfMP3.com gets shut down permanently, another cheap MP3 site can just spring up in its place.

    But if credit card companies are ordered to block payments to such sites, and regularly updated about each new naughty 'infringing' site, that just might start to seriously disrupt the business models of such sites.

    --
    -- In the beginning was the WORD, and the WORD was UNSIGNED, and the main(){} was without form and void...
    1. Re:RIAA vs credit card companies? by Watson+Ladd · · Score: 1

      Then EGold gets a lot more use and exposure.

      --
      Inventions have long since reached their limit, and I see no hope for further development.-- Frontinus, 1st cent. AD
    2. Re:RIAA vs credit card companies? by TaoPhoenix · · Score: 1

      I'm so confused.

      I thought this had already begun, and I thought Allofmp3 was already partially shut. This is not a dupe, it's like an alternate reality.

      Someone please clarify all this.

      --
      My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
    3. Re:RIAA vs credit card companies? by Anonymous Coward · · Score: 0

      Actually, that's the exact position that Perfect10 took against Visa. Even though they lost the first round, from comments I've heard around the web, there's a good chance that they may win the appeal (in the 9th Circuit, of course).

      If they do, then expect to see the RIAA try the same thing.

    4. Re:RIAA vs credit card companies? by Monsuco · · Score: 1
      But if credit card companies are ordered to block payments to such sites, and regularly updated about each new naughty 'infringing' site, that just might start to seriously disrupt the business models of such sites.
      Well then, there could be a Russian site that works like PayPal to serve as a middle man.
    5. Re:RIAA vs credit card companies? by slusich · · Score: 1

      Won't happen. Credit card companies have money, which pays for a whole lot of lawyers, judges, and Senators. Such a court battle would be far too expensive for the RIAA.

    6. Re:RIAA vs credit card companies? by mrsmiggs · · Score: 1

      Visa already cut off the supply.

    7. Re:RIAA vs credit card companies? by Anonymous Coward · · Score: 0

      You had to come up with it, don't you! You had to SAY it!!

      MAN, you DO NOT give IDEAS to RIAA lawyers!!!

    8. Re:RIAA vs credit card companies? by discord5 · · Score: 1
      Won't happen.

      NEWSFLASH Credit card companies will block transactions given enough bad press. It is easy enough to get VISA clearing for anything "shady", but once you make headlines you'll be cut off before you can say "I'm making meeeelions".

      Credit card companies have money, which pays for a whole lot of lawyers, judges, and Senators.

      Yes, they do. But senators don't like it when their career gets tainted by such nice words as "supporting online copyright infringement" before they can make a real fortune.

      Such a court battle would be far too expensive for the RIAA.

      It wouldn't be too expensive for them, it would just waste money (and a large amount of it at that) for a very small gain. Bank card companies realize that the revenues they get from AllOfMP3 are negligable to the amount of money they'll spend on a lawsuit and they'll make a few negative headlines as well. In the grand scheme of the financial market, allofmp3 is the thing the credit card companies stepped in when they went for a walk, and they'll wipe it off before anyone else really notices the asociation.

    9. Re:RIAA vs credit card companies? by Mavakoy · · Score: 1

      It's possible, but I suspect that it'd fall flat on its face.

      If the card companies can block 'illegal' transactions, why couldn't they stop Nigerian Scammers dead in their tracks? Or any other CC scams that are out there...

      Even if they could block the transactions, the new mp3 sites would just say 'use PayPal' to get around the block.

    10. Re:RIAA vs credit card companies? by salsadancer · · Score: 1

      I'll tell you a secret:
      allofmp3 is accepting credit cards through layers and layers of intermediate cyber money companies.
      So this is a blunt weapon.
      The last time I funded my account, it worked through a company in Belize (non-us/RIAA jurisdiction), which in turn pays allofmp3.
      The company in Belize was funded via a well respected cyber-money company (also non-us/RIAA jurisdiction), which accepts numerous ways of payment (via credit card is one of them).
      So the credit card issuers don't even know what the money is used for.

    11. Re:RIAA vs credit card companies? by MadJo · · Score: 1

      There is no way to administrate this well.

      If that 'deemed illegal' website would use an intermediate service to process credit card requests, and said credit card company would block traffic from that intermediate service (that also processes such requests for countless other sites), the credit card company would soon find out that they are losing customers fast.

      Visa and Mastercard removed support for Allofmp3 in 2006, and still Allofmp3 can use credit cards from those companies through a third party (I have forgotten the name).
      So you see, what you are proposing is already done, and it has solved nothing.

    12. Re:RIAA vs credit card companies? by LittleGuy · · Score: 1

      Anyone want to speculate that RIAA might start taking action against credit card companies who process payments to websites such as AllOfMP3.com?

      Probably not, but they may use online betting restrictions as a template to cut off credit card use for foreign MP3 downloads: ... In September 2006, just before adjourning for the midterm elections, both the House of Representatives and Senate passed legislation (as an amendment to the unrelated Safe Port Act) that would make transactions from banks or similar institutions to online gambling sites illegal. This differs from a previous bill passed only by the House that expanded the scope of the Wire Act. The passed bill only addresses banking issues.[13] The act was signed into law on October 13, 2006 by President George W. Bush, and there is a provision for a 270-day period to develop enforcement measures. At the bill-signing ceremony, Bush never mentioned the Internet gambling measure, which was supported by the National Football League and opposed by banking groups.

      In response to this new legislation, a number of online gambling operators including PartyGaming, The bwin Group, Cassava Enterprises, and Sportingbet announced that real-money gambling operations would be suspended for U.S. customers. PartyGaming's stock dropped by 60% following its announcement. Other operators such as PokerStars and Bodog announced their intention to continue serving customers in the U.S.

      --
      Mod Karma -1: I sed bad wurds. If I cep my mouf shut, I wud be at riyses.
  43. And... by Overzeetop · · Score: 1

    Ask for the WTO to censure the US and the RIAA for coercive business tactics.

    Better yet, allow the unrestricted imposition of punitive tarrifs on all RIAA member company merchandise by all WTO member countries.

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

      Better Yet, Find and judge them guilty of coercive business tactics, with a fine three times of the amount being claimed?

      Seriously, this insult to sovereignty should be made an example of, and .ru is not Libya.

      Certainly, the obscene ambit claim will invite a response, and even the annoyance cost may have serious consequences if Hollywood portrays mob-action accurately.

  44. Ummmm.... by Anonymous Coward · · Score: 0
    the RIAA will be seeking the maximum of $150,000 per song for each of the 11 million MP3s downloaded from the Russian AllofMP3.com between June and October last year.

    Does the RIAA realize that many Russian businesses are owned by ex-KGB and by Russian mobsters?

    The RIAA bigwigs may get a sturgeon head in their bed one night.

  45. suing the wrong people? by SCHecklerX · · Score: 4, Insightful

    So why isn't the RIAA suing the RIAA equivalent body that AllofMP3 paid fees to, you know, the ones who are supposed to be taking care of all of the copyright stuff? Russian law dictates that AllofMP3 go through that body, which they did. If RIAA has a problem, they need to address it there.

    1. Re:suing the wrong people? by catprog · · Score: 1

      No links but what I've heard is RIAA told there artists not to accept the fees saying that the group was illegal or something.

      --
      My Transformation Website
      Kindle Books http://www.catprog.org/rev
      Interactive CYOA http://www.catprog.org/st
    2. Re:suing the wrong people? by maztuhblastah · · Score: 4, Insightful

      Because then the RIAA might actually get the fees. Don't mod me funny yet -- I'm serious. ROMS is supposed to hold the fees for the rights holder (in this case the RIAA). Both ROMS and Allofmp3.com have publicly stated that, upon proof of rights ownership, ROMS will release the royalities.

      Of course, from the RIAA's perspective this would be bad -- since then they wouldn't have a case against Allofmp3.com. They stand to (at least they think they stand to) make more money by suing.

      Like all gambling though -- they might end up with nothing instead of just less than they wanted...

    3. Re:suing the wrong people? by cmarkn · · Score: 1

      RIAA doesn't need to win this case. All they need to do is drag it out while Allofmp3.com bleeds to death paying legal bills. Even if the court eventually decides in favor of the company, they're still out of business.

      --
      People should not fear their government. Governments should fear their people.
    4. Re:suing the wrong people? by mindstrm · · Score: 3, Insightful

      What legal bills? They are being charged in the US right? They are a russian corporation, operated by Russians in Russia, legal under Russian law.

      They'll just ignore it.

    5. Re:suing the wrong people? by MacWiz · · Score: 1

      If the RIAA collects the royalties, they'll have to pay the artists. If they collect it as the result of a copyright infringement case, they get to keep it -- just like they did with the money from YouTube and Kazaa.

    6. Re:suing the wrong people? by Duds · · Score: 2, Interesting

      As the sister posts points out, who cares if they do win.

      Tell you what I'll sue you in DudsLand. I win, you owe me $5billion.

      When can I expect the check?

    7. Re:suing the wrong people? by Teancum · · Score: 1

      Can you point to any artist that has recieved any royalties paid into the RIAA/ASCAP? Perhaps some of the major labels have recieved some money, but I highly doubt that you can find even a single penny of money that has actually gone to the recording artists themselves for any of these actions.

      I may be wrong here, but I would like somebody to prove me wrong.

    8. Re:suing the wrong people? by MacWiz · · Score: 1

      I think you're talking about settlements from lawsuits. The RIAA itself (the organization) doesn't collect royalties and ASCAP isn't a part of the lawsuits, as far as I know, and only collects royalties for songwriters.

      Universal did give the artists part of the settlement from suing mp3.com. As far as I know, that's the only time the artists got a cut.

      The artists are paid according to the terms of their contract. Theoretically.

  46. It must be nice to 'win' all your arguments by just applying labels to everyone who disagrees with you. Anyways, back on topic, allofmp3 might well be perfectly legal, in Russia - but the artists dont get *shit* when you buy your music there. You're the kind of person who loves to point out that often the law isn't whats important, but the morals at the centre of the issue, yet completely ignores any morals at stake when they might stop you doing what you want.
    Botom line is, like 90% of posters on Slashdot, your morals are selective, your thinking is entirely predictable, and you argue like a coward.

    1. Re:Idiot by Volante3192 · · Score: 5, Insightful

      but the artists dont get *shit* when you buy your music there.

      Because artists make SO MUCH on sales in this country...

      (Don't particularly like using this as a reference, it's not exactly CNN or BBC, but it's the first reference I saw that looked decent...)

      http://www.macworld.co.uk/news/index.cfm?NewsID=14 495

      Rather than paying artists approximately 30 cents of the 70 cents it receives for digital downloads (after deducting payments to music publishers), the suit alleges that Sony Music treats each download as a sale of a physical CD or cassette tape, only paying on 85 per cent of such "sales" (due to a fiction that there is breakage of product), deducting a further 20 per cent fee for container/packaging charges associated with the digital downloads (although there are none), and reducing its payments by a further 50 per cent "audiofile" deduction, yielding a payment to the Sony Music recording artists of approximately 4 1/2 cents per digital download

      I'd rather pirate the track and give the artist the buck directly. If only there were a way to do that...

    2. Re:Idiot by AC5398 · · Score: 1

      I'd like like to mod you up, but I can't *&^% figure out how to. Posting reply in lieu thereof.

    3. Re:Idiot by MicrosoftRepresentit · · Score: 0

      So because the labels rip off the artists anyway, its ok for you to pirate/download from AOmp3 and reduce the artist's income even further?

    4. Re:Idiot by Anonymous Coward · · Score: 0
      I'd rather pirate the track and give the artist the buck directly. If only there were a way to do that...
    5. Re:Idiot by siddesu · · Score: 1

      yep, if it helps break the pigopolistic group that has brought this situation by bribing politicians into accepting laws that violate the principles on which copyright monopoly is granted to the creators of art, infringing copyright is okay. of course, the people doing it may end up being prosecuted by the establishment. this, however isn't new either -- a lot of protests against unjust laws based on violence or bribery in history have ended with the protesters suffering from the establishment from their protests.

    6. Re:Idiot by TapeCutter · · Score: 1

      "but the artists dont get *shit* when you buy your music there."

      AllOfMp3 offers the standard fee to the copyright holders as required by Russian law, the RIAA refused to accept the fee, they want the whole fucking company and then some. None of this is the moral/legal concern of an AllOfMp3 customer.

      "It must be nice to 'win' all your arguments by just applying labels to everyone who disagrees with you." "

      How ironic that you titled your post "idiot" and ended it with a name-calling rant.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    7. Re:Idiot by kruhft · · Score: 2, Informative
      I'd rather pirate the track and give the artist the buck directly. If only there were a way to do that...
      Some artists setup paypal donations on their homepages and put almost all of their music up for download, but like most musicians playing on the street, most just walk on by with bowed heads and a shrug...much less buy the albums.

      I like the attitude, and I wish more would have it, but it seems like more of a utopian desire than than reality. For the number of people out there saying 'i wish i could support the artists directly', well, we're out there and there are ways to do it (and I'm sure it's not just me, I'm just the easiest example from my perspective).

      Sorry for the Slashvertisement, but I had to get my point across.
    8. Re:Idiot by mrchaotica · · Score: 1
      Anyways, back on topic, allofmp3 might well be perfectly legal, in Russia - but the artists dont get *shit* when you buy your music there.

      Well, it's their loss -- all the artists would have to do is register with ROMS, and they'd get royalties from AllOfMP3's sales!

      --

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

    9. Re:Idiot by Nasarius · · Score: 1
      For the number of people out there saying 'i wish i could support the artists directly', well, we're out there and there are ways to do it
      Sometimes. For the small-time, amateur/independent artists there's CDBaby if you're willing to pay for CD duplication yourself. $1300 for 1,000 pressed and wrapped CDs with color printing is pretty damn good, and well within reach if you're at all convinced that your music is worth selling. There are also many good indie labels that will give you a fair contract. If they're selling through CDBaby or similar, the artist is getting a good cut.

      But I know a number of professional artists, from bands that are fairly well-known and have done national and international tours, and they make middle-class salaries. So go to the shows, and buy some merchandise if it isn't overpriced. And unless you *know* the artist is getting totally screwed, buy the CD. It's simply not true that all artists are making next to nothing on CD sales, even when a major label is distributing it.
      --
      LOAD "SIG",8,1
    10. Re:Idiot by shark72 · · Score: 1

      "yielding a payment to the Sony Music recording artists of approximately 4 1/2 cents per digital download"

      Which is 3X the maximum that artists could get from an allofmp3 sale, provided that the artists applied to ROMS for their royalties and actually got paid (so far there are no cases of an artist asking allofmp3 for sales data and actually getting it).

      At first glance, "the record companies pay at least 3X what allofmp3 pays" runs counter to the notion of allofmp3 being the good guys here, but there are a couple of ways you can rationalize it:

      1. If you take the "the artists are greedy" route and just assume that all recording artists are millionaires, then you can look at allofmp3 as putting them in their place: if artists were to get these theoretical royalties, then they might only be able to buy one Bentley this year vs. the three Bentleys they'd buy if those had been legitimate sales.
      2. If you prefer the "the artists are needy" route and assume that this delta in royalty payments means the difference in, say, $150 a month in royalties vs. $450, you can tell yourself that $450 isn't really that much better than $150. Another common rationalization here is that if the artist is really concerned about making $450 vs. $150 in royalties per month, then they are a businessperson, and not an artist.

      "I'd rather pirate the track and give the artist the buck directly. If only there were a way to do that..."

      This makes sense if everybody else involved with the production of the music worked for free. This is correct in some instances (e.g. self-produced music where everybody works on a volunteer basis) but in most cases, it is not.

      --
      Sitting in my day care, the art is decopainted.
    11. Re:Idiot by kruhft · · Score: 1
      But I know a number of professional artists, from bands that are fairly well-known and have done national and international tours, and they make middle-class salaries.
      True, I've talked to some of the guys from Sloan (a pretty decent sized, long running band here in Candada) a couple of times, and on thing I asked was "So, what's it like being a rocktar?". The reply: "It's a job. The best job in the world, but it's a job.". Just because you're famous, that doesn't make you rich, but some people manage to make a living at it.
    12. Re:Idiot by xero314 · · Score: 1
      Because artists make SO MUCH on sales in this country...
      Lets say you work on something, anything, it really doesn't mater, for a significant amount of your time, again the specifics don't mater. Now lets say you will sell 1 million of these things and you have been given two offers, one is 0.00 (what ever currency unit you would like) per unit and the other is .01 per unit. Any rational human being is going to take the 0.01 over the 0.00 making 10,000.00 instead of 0.00. So sure the artist in the US only make a fraction of what a person actually pays for the album, but that is infinitely more than they make from the allofmp3.com sales. Never mind the fact that any artist that is making that small of an amount from their label made an agreement with them for that amount. NO ONE in the US has ever been legally forced to accept a specific royalty for their artistic work without a prior agreement being made.
      I'd rather pirate the track and give the artist the buck directly. If only there were a way to do that...
      Speak as someone who does try to do this when purchasing used media I can tell you it's not hard. Most artist will accept cash, cashiers checks, money orders and personal checks. And yes checks sent to them by way of there label should be forward to them, though I try to had it to them in person when I meet them. Oh and if you really want to their are plenty of artists that don't distribute through a label or have a label that takes a smaller cut, just look around, and they tend to be the better artists to boot.
    13. Re:Idiot by Alioth · · Score: 1
      This makes sense if everybody else involved with the production of the music worked for free. This is correct in some instances (e.g. self-produced music where everybody works on a volunteer basis) but in most cases, it is not.


      No - it makes sense to pay the artist directly if you pirate their music. While it is true that the production cost something, the ARTIST paid for this. Record companies don't go 'Hey, here's a recording studio, have at it' - no, what they do is give the artist a loan, and charge back the costs of *everything* directly to the artists. So the artist does in fact pay for all of their production anyway - so it makes complete sense to pay the artist directly. They can use part of the payment you sent to them to help pay off their debt to the record company.
    14. Re:Idiot by zotz · · Score: 1

      "but like most musicians playing on the street, most just walk on by with bowed heads and a shrug"

      I went and looked at your links.

      Here's the thing. I found a CC license with the NC option. There was a time when I might have supported people using such a license, but that time is passed. If you are using CC and not BY-SA or plain BY, I am not all that interested in supporting you. Good luck though. I may come to see you live if the situation ever arises, but that would be a different form of support in my book.

      Try some BY-SA tracks and see what happens.

      all the best,

      drew

      http://www.youtube.com/results?search_query=zotzbr o&search=Search

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    15. Re:Idiot by kruhft · · Score: 1

      Interesting. I never thought my choice my of license would effect much other than what people would use my tracks for. I would think that people that care about such things are in the low minority, but I will take that into consideration in the future.

      ps. I think you're referring to my philomath ep's license, and to be honest, I just picked one that I thought would keep people from just pressing cd's of my music and selling them without my knowledge. I guess if I had written an OS app I wouldn't care about it being on a distro CD (honored actually), so I guess I should take those ideas a bit further with my compositions.

    16. Re:Idiot by Achromatic1978 · · Score: 1

      Actually, this is /not/ an argument I've heard before, and it is extremely logical. I was going to mention "but marketing/clout", but then again, that's almost definitely another advance that has to be paid to the label, too, of course.

    17. Re:Idiot by glesga_kiss · · Score: 1
      I'd rather pirate the track and give the artist the buck directly. If only there were a way to do that...

      There is. Go and see the artist on a tour, or buy other merchandise. They get far more out of those sales than through record sales.

    18. Re:Idiot by zotz · · Score: 1

      It is a tough call, but if you care about freedom for artists and about artists being able to amke a living from their art, I would say it is certainly something to consider.

      I know of no current license what will give this freedom to the artists and prevent the "leaches" from doing as you suggest. Free software faces the same issues. It seems to be working out anyway though. And my take is that perhaps I should just consider the "leaches" as an unpaid advertising and promotion department...

      I want you to be able to make some money should you choose to do something with my works.

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
  47. The RIAA should chat with Alexander Litvinenko ... by Anonymous Coward · · Score: 0

    Oops, they can't, can they ?

    Maybe the RIAA should stick to going after defenseless single mothers, because it's just
    not smart to fuck with the Russkis. They have their own rules : there ARE no rules.

    Don't believe me ? Ask Mr. Markov ...

  48. International law.. by Anonymous Coward · · Score: 0

    International law is mainly a game of diplomatic arm twisting, and this could get very ugly if the US isn't careful.

    Russia has quite a few energy resources as well, and it's already demonstrated that Russia is not shy of using that power when it needs it (a bit like the US military power, but more subtle and with less ugly after effects).

    At the moment, Mastercard and Visa are playing the "do as we tell you or you will not be able to play with the US" card, but by doing so they may well break international trade agreements, and the US is forgetting that especially Europe is (a) dependent on Russian gas and (b) not exactly fond of the US habit of abusing monopolies anyway (MS is a good example).

    What can thus happen is that AllofMP3 could set itself up as a political toy breaking a US stranglehold on the market, and if that happens I'd sit well back as the fallout could be far uglier than the RIAA (and MPAA) can imagine.

    Do you really think for one moment that Putin will allow the US to dictate the laws in his country? All AllofMP3 needs to do is to ask Putin to cosy up to either the EU (if it gets its act a bit more together) or China (who have the same lack of eagerness to see the US dictate what they should do) and settle this matter and the game will be over for the RIAA.

    Even Bush isn't stupid enough to risk major international fallout over something like the RIAA, and AllofMP3 has enough buyers to prove that, well, probably the rest of teh planet is quite willing to pay for music if the price makes sense. That's also still the best way to beat privacy. Remove the economic benefits of piracy and piracy is no more, but that would leave quite a few people out of work, lawyers, 'investigators', MediaSentry. Now THAT is worth examining as a separate motivator..

    Just my 2 cents..

  49. Income? by Anonymous Coward · · Score: 0

    "Mediaservices' sites sell millions of songs by their artists without paying them 'a dime' for the right to do so."
    "As part of their claim, the labels are seeking $150,000 USD for each of the 11 million songs that were downloaded from June to October 2006 from the AllofMP3.com website.

    If hell freezes over and they do get paid $150,000 for each song.
    That would be one hell of a Tax windfall for the government.

  50. I put my trust in the Russian mafia by Opportunist · · Score: 4, Interesting

    Let's be blunt here, that biz makes money, so it's likely that those guys have their fingers in it. Now, when you've tried to shut down a Spammer or a trojan host based in Russia, you know that you're fighting windmills. Because ... well, guess whose they are?

    I've had my share of 'fights' with them, so I know they are a formidable enemy. And I can only hope that they are behind AAMP3, too. Because then, we'll see what happens when two criminal cartels clash.

    I'll bring the popcorn.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:I put my trust in the Russian mafia by crusher-1 · · Score: 1

      "I'll bring the popcorn"

      And I'll bring the first case of beer!

    2. Re:I put my trust in the Russian mafia by Anonymous Coward · · Score: 0

      " Because then, we'll see what happens when two criminal cartels clash."

      Hopefully the RIAA members will all be getting taken out for dinner to a nice sushi resturant.

    3. Re:I put my trust in the Russian mafia by splutty · · Score: 1
      "I'll bring the popcorn"

      And I'll bring the first case of beer!

      And I'll bring my music!

      Uhm... Hang on....
      --
      Coz eternity my friend, is a long *ing time.
    4. Re:I put my trust in the Russian mafia by Vitriol+Angst · · Score: 1

      I don't think that "Russian Mafia" is one single entity. There are factions -- and I'm sure that any group listed as "Mafia" in Russia now, is anti-state -- not a friend of the government. Any sufficiently powerful organized crime in a country becomes the State. We have the CIA and NSA, which are part and parcel of our corrupt government. The former "Russian Mafia" -- I think was created by persecuted jews in the country (but not the only group) and was allied with our CIA. Much like the Italian Mafia started as an insurgency -- or even the Shining Path in Peru (which, I think, has since been brought down).

      AllOfMP3 is probably just a profitable business that Russia gains money from. Their laws probably allow it. If US labels want Russia to make it illegal, they will have to give Putin either a big enough carrot, or a worrisome enough stick, to make that country look out for US Profits. All any of this is, is battles of influence. China has only begun to recognize trademarks -- because THEY have more engineers, and will probably stand to gain from US and the rest of the world recognizing theirs. But for the most part, enforcement there is difficult, and there is too much money to be made in infringing copyright.

      Hemp is illegal in the United States, perhaps because it would bankrupt Paper and Oil Companies. Allies of ours, and countries influenced by power brokers, then make it illegal. If US influence and Big Oil power wanes -- it is very likely that Hemp will become legal in mass production. It really depends upon the Euro now -- since they surpassed Dollars in circulation since November of 2006. It will be interesting to see, how quickly the stigma against Marijuana will fade, since Europe has less control over Oil and is a net importer (except for a few countries in the North).

      I only offer this into the discussion because the "big picture" of what is illegal is often based upon profits -- and who has the most control to dictate the rules. I think the USA's ability to dictate rules will be fading pretty fast. The EU, is also interested, it seems, in guaranteed profits for copyright holders, so what Russia does may be more influenced by the EU.

      --
      >>"ad space available -- low rates!!!"
  51. It's a gambit by goombah99 · · Score: 1

    AllofMp3 will never see court. Instead they will offer a deal: turn over all the records of people who bought songs there outside of russia and pay some nominal fine and they walk.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:It's a gambit by shadow349 · · Score: 2, Funny

      Yeah, because the RIAA has a long history of using the courts to go after music downloaders.

      Dumbass.

    2. Re:It's a gambit by goombah99 · · Score: 2, Interesting

      Normally the RIAA lacks any sort of documentary proof of a download. The have to get ISP to give them info, they have to get hard drives, and then they have to show that the person downloaded something and maybe it was the cousin who was visiting or the retarded sister. THey can't prove who it was, and there are so many pathetic poster children they end up suing and looking bad.

      But this case is different. They have visa card numbers. These are adults and these are tied to one person. They have IP addresses and they have the list of song transactions. This is hard proof. And they can pick and choose who to make an example of with such a rich treasure trove. There's going to be plenty of people in the grand-theft category and that means siginificant jail time not just damages.

      This is the RIAA's opportunity to make the court work for them.

      Dumbass back at you.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    3. Re:It's a gambit by alphamugwump · · Score: 1

      Hang on. I was under the impression that downloading music wasn't actually illegall, only distributing it. Now, with Bittorrent, you distribute the stuff as you download it, so they can get you on that. However, they can't get you just for downloading, I don't think.

    4. Re:It's a gambit by packeteer · · Score: 0

      What exactly are you imagining the difference is between distributing and downloading.

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
    5. Re:It's a gambit by Maxo-Texas · · Score: 2, Informative

      There is no imagined difference.

      Distributing is giving copies of the song to other people.
      Downloading is getting a copy of the song for yourself.

      The way p2p is designed, when you get a copy, you also give all or part of the song to 20 to 50 other people. (Riaa then invalidly sues you for giving copes to everyone they give copies to also. However, that's double dipping- probably even 100tuble dipping).

      Allofmp3 "performs" a unique copy of the song to you. They paid royalties to the russian copyright association. Those royalties are a pittance of what RIAA wants. It's currently legal however.

      If it literally was legal then making it illegal later probably doesn't bind you to get rid of things you bought legally.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    6. Re:It's a gambit by Anonymous Coward · · Score: 0

      Downloading is when you move it to your computer. Distributing is when you give it to someone else. What was hard about that?

    7. Re:It's a gambit by Jaysyn · · Score: 1

      I don't think AllOffMP3 even has user data. All the billing was done thru a 3rd party (Chronopay) based in the Netherlands.

      --
      There is a war going on for your mind.
    8. Re:It's a gambit by cpt+kangarooski · · Score: 2, Informative

      No, they are both equally illegal. Downloading is a form of reproduction, and is illegal per 17 USC 106(1). Uploading is a form of distribution, and is illegal per 17 USC 106(3). The reason that RIAA, MPAA, et al tend to pursue more uploaders than downloaders is because it is easier to find uploaders, and because they think that as the number of uploaders decreases, downloaders who don't upload will simply lack the opportunity to break the law (since there'll be no one to download from), resulting in a two birds with one stone sort of thing. From a legal perspective, there's no significant difference. It's entirely tactical. Kind of like how, if you are injured by multiple parties, you concentrate on the one that has the most money.

      --
      -- 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:It's a gambit by rainman_bc · · Score: 1, Insightful

      This is the RIAA's opportunity to make the court work for them.

      In this case, it's pretty tough to bust a web site complying with the laws in the nation they operate; it's like the US going after a pot dealer in Amsterdam for breaking US laws.

      Thing is, you can go to Amsterdam, you can buy the pot, but you can't bring it to the US because it's illegal.

      Same with those who bought mp3's from allofmp3.com - sure they can legally purchase an illegal product, but that doesn't create legality of that product.

      Possion of stolen goods is just as bad as theft.

      Usual IANAL disclaimer of course applies :)

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    10. Re:It's a gambit by dheera · · Score: 2, Informative

      Huh? Why would you get sued for using AllofMp3? Why is it hard proof?

      When you download from AllOfMp3, you pay for a song and download it. AllOfMp3 pays their royalties.

      Mind you, AllOfMp3 is NOT free.

      The RIAA only cares because AllOfMp3 doesn't put that stupid digital rights crap that prevents you from sharing the song again or transferring it from iTunes to someone else. AllOfMp3 just gives it to you in the nice, simple, easy to deal with .mp3 format, which RIAA hates right now.

    11. Re:It's a gambit by steve_bryan · · Score: 1

      What sort of brain dead gambit involves bringing a lawsuit in a court that has absolutely ZERO authority? AllOfMP3.com is in Russia which is a foreign country. US courts have no jurisdiction there. If they (AllOfMP3.com) had assets in the US it might have some relevance but this is just a stupid publicity stunt that can only impress people who do not remotely have a clue. The RIAA has no bargaining position. They are like those dufuses in "The Big Lebowski" who can't get a ransom because they haven't kidnapped anyone. As a news story it is at most slightly amusing.

    12. Re:It's a gambit by shawngarringer · · Score: 1

      The US does this all the time. They lean on third-world nations with threats to pull financial aid if they don't turn over some "drug kingpin" who is supplying the drugs to the mules who bring it in to America. The people who are turned over are breaking no US laws at all, but yet, often times the DEA / FBI goes and "helps" arrest them...

    13. Re:It's a gambit by RMH101 · · Score: 4, Interesting

      in much the same way, UK businessmen (the NatWest 3, various online betting CEOs) have been extradited to the US for alleged financial crimes that are against US law. The fact the individuals haven't done anything *in the US* doesn't appear to matter...

    14. Re:It's a gambit by zero_offset · · Score: 1

      They also accepted Paypal and a few other forms of payment (the list has changed slightly over time), but you might be right -- other than a username/password, I don't think they requested any other information from their users. IP addresses are a possibility, though I can't think of a good reason they'd store that info for any significant period of time.

      I suppose, though, there is probably some legal means of using a judgment against AllOfMP3 to work their way down the line to Chronopay and the others to obtain those details (ignoring the discussion of whether such a judgment could be made to stick outside the US).

      --

      Slashdot quality declines as the number of hot grits posts decreases. - Provolt's Law, Apr-09-2005

    15. Re:It's a gambit by Anonymous Coward · · Score: 1, Insightful

      Well, there are some parts of the world outside of the US. And in some of those parts downloading is in fact legal while uploading is illegal. Then there's other parts where downloading is in a bit of a grey area because it hasn't been tested in court and the laws as written aren't very clear.

    16. Re:It's a gambit by russ1337 · · Score: 4, Insightful

      >>>"Downloading is a form of reproduction, and is illegal per 17 USC 106(1)"

      so iTunes is illegal then?

      I think the argument here is that customers of allofmp3 believe they are purchasing from a legitimate store. This store does pay royalties to the russian version of the RIAA, however this Russian RIAA does not pass them on. Downloading songs that you've paid for from a legitimate store is not illegal - there are many on-line stores where you can legally purchase music. THe issues is: 'is Allofmp3 a legal store?'. The RIAA believe it is not, the Ruskies believe it is. One is a government with oil and some legacy nukes, the other is a bunch of lawyers with deep ties into a government with shiney well maintained nukes.

    17. Re:It's a gambit by cultrhetor · · Score: 2, Insightful

      Umm... have you ever heard of emusic? They don't use DRM, either. They pay royalties to the indie labels; however, some lesser known artists from larger labels are part of their catalog. The difference is that AllOfMp3 pays an amount settled upon by the Russian copyright group (org? association? I'm not sure), not one dictated by the American cartel.

      --
      "Tu fui, ego eris" - Virgil
    18. Re:It's a gambit by saider · · Score: 1, Troll


      The items are not "stolen". Nobody is deprived of the song you downloaded.

      This is simply Globalization hitting the music distributers and they don't like it.

      --


      Remember, You are unique...just like everyone else.
    19. Re:It's a gambit by Anonymous Coward · · Score: 0

      True. But, ever since Baby Bush became president, nukes are a dime a dozen. I'd convert that to rubles for ya, but my calculator apparently doesn't support that many digits.

      Anyway, the real news behind the news is that the price of crack and crank has risen sharply and Hollywood is "feeling the need."

    20. Re:It's a gambit by It'sYerMam · · Score: 2, Funny
      How likely do you really think it is that anyone would go to Nuclear War over copyright?

      OK, with Bush/Putin... maybe it is likely; I'll shut up.

      --
      im in ur .sig, writin ur memes.
    21. Re: It's a gambit by Vadim+Makarov · · Score: 1

      One is a government with oil and some legacy nukes

      It might not be a popular item on the U.S. news, but we do have up-to-the-date nukes. Besides, spending on strategic rocket forces is the first priority, protected item in our military budget. You can kiss the shiny metal engine cone.

      --
      17779 eligible voters in a district, 17779 'vote' as one. This is Russia.
    22. Re:It's a gambit by Da_Weasel · · Score: 1

      No, that is incorrect. They went after people who distributed music because the only method of discovering who was trading music was the search for songs and track down those who showed up in the results. They cannot see what everyone is downloading with out some sort of massive spying campaign, they can however see what everyone is opening offering to share with the world.

      --
      If you must!
    23. Re:It's a gambit by bdwebb · · Score: 1

      Nuclear warfare due to escalating tensions over filesharing and the sticky issue of international copyright law FTW.

    24. Re:It's a gambit by Jaysyn · · Score: 1

      Neither Chonopay nor AllOfMP3 are based in the USA. Not only that but I believe that The Netherlands have basically told the RIAA & their cronies to fuck off on more than one occasion. Up until last September AllOfMP3 were operating legally in Russia. I know the laws there changed in September, but I don't know what that entailed for AllOfMP3. Even if the RIAA can get somehow identifying information, there probably won't be able to do anything as no laws were broken. Sometimes (but not often) globalization can actually work for consumers.

      --
      There is a war going on for your mind.
    25. Re:It's a gambit by cpt+kangarooski · · Score: 2, Informative

      so iTunes is illegal then?

      The US iTunes store is licensed by the US copyright holders for the music it sells -- which is why they don't have everything, and the US store is limited to buyers in the US. Their license also covers its customers, at least for downloads from the iTMS.

      I think the argument here is that customers of allofmp3 believe they are purchasing from a legitimate store

      No, that isn't a valid argument. US copyright law is strict liability; it doesn't matter whether a person thinks they acting legally or not. Strict liability laws are uncommon, but another good example would be statutory consent laws -- even if you thought the 15 year old was 18, and had no reason to think otherwise, and there was nothing more you could have done to verify her age, you're still on the hook.

      This store does pay royalties to the russian version of the RIAA, however this Russian RIAA does not pass them on.

      And that would be great if the downloader was in Russia, where Russian law applies, but you are not. ROMS has no legal authority in the US, and cannot protect someone who is located in the US, nor can they license such a person to do things in the US that are contrary to US law. If you're in the US, and you download, US copyright law is what applies to you, and it does not permit this sort of thing. Honestly, your argument is closely akin to saying that if marijuana is more or less legal in the Netherlands that it's okay for someone to have some here, if the Dutch say it's okay. It's a plainly stupid argument and it has zero chance of success.

      I don't really care if you want to break the law, but I do care that you know what the law is, so that you can make an informed decision into whether or not you want to break 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.
    26. Re:It's a gambit by cpt+kangarooski · · Score: 1

      You'd get sued because Allofmp3 doesn't have the right to allow people in the US to download from them. Whatever rights they have under Russian law apply only to downloaders in Russia. Downloaders in the US are subject to US law, and our laws prohibit downloading from Allofmp3. Whether they charge you or not is irrelevant (other than that, if you're going to download music illegally, you might at least do so for free).

      --
      -- 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.
    27. Re:It's a gambit by zero_offset · · Score: 1

      Hence my closing comment, "ignoring the discussion of whether such a judgment could be made to stick outside the US"... and considering there ARE United States companies involved (Paypal, VISA, etc), I wouldn't be surprised if winning this case let them chase down buyers in spite of not being able to touch AllOfMP3 itself (or Chronopay etc).

      --

      Slashdot quality declines as the number of hot grits posts decreases. - Provolt's Law, Apr-09-2005

    28. Re:It's a gambit by blanks · · Score: 1

      Very true, but thankfully peoples ignorance will not(or shouldn't!) be a good enough excuese for the RIAA to be able to win this lawsuit.

      To download anything on the site you have to register, and on the registration page you have to read and agree to everything, which specifically states "You shall not download audio and video files from AllOFMP3.com if the Terms are in conflict with the laws of your country of residence."

      Its legal in Russia and they are not breaking any rules so the RIAA should be powerless against them, but in the end the RIAA will win because of their politicial power.

    29. Re:It's a gambit by Anonymous Coward · · Score: 0

      You are correct that "I thought it was a legal copy" isn't a defense to copyright infringement, but there is a big difference between the penalties imposed on "innocent" infringers and willful infringers.

    30. Re:It's a gambit by drinkypoo · · Score: 1
      You'd get sued because Allofmp3 doesn't have the right to allow people in the US to download from them.

      If I'm buying in good faith, that's bullshit. So far we have the RIAA's say-so vs. AllOfMP3.com's say-so. Frankly I don't find either one to be reliable, but I find it more likely that AllOfMP3 has a valid license to distribute than anything the RIAA says.

      Downloaders in the US are subject to US law, and our laws prohibit downloading from Allofmp3

      Assuming that's actually true - which would require proving that AllOfMP3.com doesn't have a valid license to distribute music - then a lawsuit against AllOfMP3 is still irrelevant unless it results in the records being turned over, and THAT results in a lawsuit against you. Of course, since you purchased the music in good faith, you have a strong defense. Since this lawsuit is in a court that has no jurisdiction over AllOfMP3.com, this lawsuit is utterly irrelevant except that if they win their case then you will lose your "good faith" argument since it will have been widely publicized that AllOfMP3.com has no right to distribute.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    31. Re:It's a gambit by aeryn_sunn · · Score: 1

      I am not sure that any of the online betting CEOs have ever been extradited to the US. As far as I know, all of the online gambling related arrests occured when said CEOs were physically in the US's jurisdiction.

      As far as not having done "anything in the US", that is not entirely accurate as, if an online betting site takes bets from individuals located within the US, which as we know, online gambling within the US is against US law, then said CEOs of such online gambling sites have violated US law, even though they [the CEOs] are located in the UK...

    32. Re:It's a gambit by senatorpjt · · Score: 1

      I'd use it if it wasn't by subscription. I don't have the time to find 30 songs worth listening to every month.

    33. Re:It's a gambit by spun · · Score: 1

      You do know that cpt kangarooski is a lawyer, right? With lots and lots of copyright law experience? Not to disparage you, 'cause I generally find your posts interesting, but my money is on him being right, not you. Admit it: your legal theories are basically just wild guesses. He gets paid good money for his for a reason.

      Hey, officer, I bought that hash from Camaroon in good faith! It's legal there, so you can't do a thing! Uh-huh.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    34. Re:It's a gambit by drinkypoo · · Score: 1
      Hey, officer, I bought that hash from Camaroon in good faith! It's legal there, so you can't do a thing! Uh-huh.

      Oh come on, that's not even a tiny bit comparable. Everyone knows that hash is always illegal in the states. But music is sometimes illegal and that's complicated for a layman to understand. It's true that I'm not a lawyer but come on, intent does matter.

      With that said, if you go to court against the RIAA, barring the teeensy tiny chance of getting a reasonable judge, you are probably fucked regardless.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    35. Re:It's a gambit by spun · · Score: 1

      Okay, try this analogy then: You buy some "herbal ecstacy" from an ad in the back of a magazine that claims it is perfectly legal, only to find out that it is real MDMA when the cops bust in your door. "But Officer, I didn't intend to buy E!!!" Do you think you are getting off?

      All right, I better just stop, because I'm not a lawyer either, and now I'm making wild guesses. ;-)

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    36. Re:It's a gambit by drinkypoo · · Score: 1
      Okay, try this analogy then: You buy some "herbal ecstacy" from an ad in the back of a magazine that claims it is perfectly legal, only to find out that it is real MDMA when the cops bust in your door. "But Officer, I didn't intend to buy E!!!" Do you think you are getting off?

      I think I'm getting off if I took the E :D

      Seriously though, if you can show that you thought you were buying a legal product, then yes, it is a valid defense provided a reasonable person would believe it was a legal product. Given the huge number of "herbal ecstasy" products on the market today, that would be a reasonable assumption (especially if the advertisement explicitly stated that it was a legal product that contained no MDMA, as they tend to.) Whether or not you will actually get off largely depends on the quality of the judge and the comparative quality of your lawyer and the D.A. Because, you know, justice is far too much to expect, and always has been. Not that we shouldn't work towards it. Just don't expect it :P

      All right, I better just stop, because I'm not a lawyer either, and now I'm making wild guesses. ;-)

      Amen, brother :D

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    37. Re:It's a gambit by Anonymous+McCartneyf · · Score: 1

      True, America has not had CEOs of online betting sites extradited--it's just grabbed them when they flew into here.
      But America did, back in 2004 or so, have a few chief bankers at a bank called NatWest extradited because they had dealings with Enron. The bankers had never set foot in America before. What they are accused of is illegal in the UK, but America had them extradited under a terrorist-extradition act before the UK got the chance to try them. This angered UK citizens.
      To add insult to injury, no American bankers that I'm aware of have been put on criminal trial for dealing with Enron...

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    38. Re:It's a gambit by cpt+kangarooski · · Score: 1

      That's true. Of course, it's really easy to be a willful infringer, but quite hard to be an innocent infringer.

      --
      -- 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:It's a gambit by cpt+kangarooski · · Score: 1

      If I'm buying in good faith, that's bullshit.

      That doesn't matter. Copyright is a strict liability statute. It is entirely possible and common to infringe on a copyright and have to pay significant damages, even when you had no idea that you were breaking the law, and could not have possibly known otherwise. It's pretty strict, really.

      I find it more likely that AllOfMP3 has a valid license to distribute than anything the RIAA says.

      Well, the question is where did they get that license from? A license to distribute to people in the US, and to sub-license those people to make copies in the US, can only come from the US copyright holder, or from someone authorized by the US copyright holder to sublicense the relevant rights. Essentially, that's the RIAA members, who are the very ones claiming that they didn't grant such a license. While many people have said that Allofmp3 uses a statutory license administered by ROMS, all this means is that Russian law has created a license that applies to all Russian copyrights. That's not an unusual thing, there are statutory licenses in the US. But such licenses are not of extraterritorial effect. US copyright law doesn't control what goes on within Russia, but Russian copyright law -- which is the origin of the license Allofmp3 claims to have -- cannot control what goes on in the US. So even if we accept that Allofmp3 is fully in compliance with Russian law, their actions directed into the US, and their US customers, are up shit creek.

      Assuming that's actually true - which would require proving that AllOfMP3.com doesn't have a valid license to distribute music

      Actually, that would require Allofmp3 proving that they do have an applicable license. The prima facie case for RIAA is simply that they have the relevant copyright interests and that infringing acts occurred. If Allofmp3 doesn't show up, then a default judgment will be entered against them. At a minimum, even if they only want to contest jurisdiction, they still need to show up in order to do that. Ignoring this would certainly not help them any, though it is debatable as to whether it would hurt them in a practical sense.

      Of course, since you purchased the music in good faith, you have a strong defense.

      No, that is not a defense at all, and probably won't even result in a reduction of damages for most people. Good faith is irrelevant, but not knowing that the work was copyrighted at all, could be helpful. Good luck with that argument, though, especially given how hard it is to prove.

      Since this lawsuit is in a court that has no jurisdiction over AllOfMP3.com

      No, US courts have jurisdiction over all entities that do business across our national border. Enforcing a judgment against Allofmp3 will be tricky, if they have no assets in the US, but jurisidction is 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.
    40. Re:It's a gambit by cpt+kangarooski · · Score: 1

      It's true that I'm not a lawyer but come on, intent does matter.

      Most of the time, that's correct. Intent does matter.

      But there are exceptions where intent is irrelevant, and copyright happens to be one of them. Copyright infringement is a strict liability offense at the civil level (though it requires wilfulness at the criminal level, and willfulness is also useful for getting extra civil damages). The wikipedia entry for strict liability is here, if it'll help you out. You might want to compare it by looking at their pages on culpability and mens rea.

      --
      -- 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.
    41. Re:It's a gambit by drinkypoo · · Score: 1
      But there are exceptions where intent is irrelevant, and copyright happens to be one of them.

      Well, I sit corrected. I will look over the legal definitions you suggest a little later. Thank you.

      Is there a statute of limitations on copyright violation? Because if not I suggest we put someone up to going after members of metallica for making and trading mix tapes :D

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    42. Re:It's a gambit by cpt+kangarooski · · Score: 1

      Yes, the statute of limitations is 3 years for civil infringements, and 5 years for criminal infringements, per 17 USC 507.

      --
      -- 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.
    43. Re:It's a gambit by Anonymous Coward · · Score: 0

      AllofMp3 will never see court, but there will be a lot of media speculation about deaths in the record industry from 210Po poisoning.

    44. Re:It's a gambit by Anonymous Coward · · Score: 0

      The lead counsel probably wants the head of the RIAA's job, which will probably soon be available if the latter is not especially careful about toxic white powders, tea, and sushi restaurants.

      It's just gangland^H^H^H^H^H^H^Hboardroom politics.

      "Hey, Vlado, feed some 210Polonium to Mitch and Cary, or let them think that that's what will happen to them if they don't retire, and I guarantee you that this lawsuit will just go away."

    45. Re:It's a gambit by tehcyder · · Score: 1
      How likely do you really think it is that anyone would go to Nuclear War over copyright?

      OK, with Bush/Putin... maybe it is likely; I'll shut up.

      I'm going to have to stop reading any articles dealing with copyright on slashdot, the posts are becoming worryingly deranged rather than merely wacky.
      --
      To have a right to do a thing is not at all the same as to be right in doing it
    46. Re:It's a gambit by packeteer · · Score: 1

      Yes actualy your ecstasy defense would be a pretty solid one in court. You never had any intention of breaking the law and someone went out of their way to lie to you and deceive you in order to make you break the law. I doubt a judge and hury will look very harshly at your actions there.

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
  52. Re:FP by Anonymous Coward · · Score: 0

    LOL. His dick just went limp!

  53. Jurisdiction? by Ardipithecus · · Score: 3, Insightful
    It's great that an American company can go to an American court and sue someone on the other side of the globe, who must either respond at great expense or lose by default and be subject to whatever these creeps can attach.

    What happens when someone, prone to mischief and with re$ources, sues these monkeys for say $2T at the 3rd Circuit Court in Mogadishu.

    Fantasy, yes, but imagine a court seizing Disneyland in Japan and France to pay for some judgment, as funky as the one that we will see here.

    1. Re:Jurisdiction? by Dunbal · · Score: 1

      It's great that an American company can go to an American court and sue someone on the other side of the globe, who must either respond at great expense or lose by default and be subject to whatever these creeps can attach.

            Not to worry comrade. Special box of polonium here waiting for RIAA if ever they visit Mockba.

      --
      Seven puppies were harmed during the making of this post.
    2. Re:Jurisdiction? by dtrent · · Score: 1

      If one end of the transaction is in the US, they can be sued in the US.

    3. Re:Jurisdiction? by crusher-1 · · Score: 1

      On that note, consider the tobacco industry. You'll remember that a few years back the U.S. congress and the FDA were considering making Nicotine a controlled substance. One of the reason they took this stance is because the tobacco companies usually put up to 30% dried and shredded cabbage in their cigs as filler and then use liquified nicotine to spray over said cabbage filler before rolling it the tobacco leaves proper. The original argument went something along the lines that using cabbage cut costs and that the liquified nicotine was used to give the cigs back their original/natural content if they'd used all tobacco leaves. The real thing was that they were "spiking" the cabbage with nicotine as a means to "dose" the cigs and therefore control the addictive nature of the cigs - hence why the Congress and FDA started the hearings. All was going along smoothly on the Congressional/FDA front. But as with most things involving courts or hearings they tend to be rather slow. The end result was that the tobacco companies had time to fold up their labs and relocate them, along with all their research scientists. Where they moved them was fairly of little consequence (though most were moved to Germany). The object was to get them out of the U.S. since you can't serve a subpoena in another country! Game, Set, Match.

      Why am I blathering on about a seemingly Off Topic matter. Because the knife cuts both ways! If it's legal in Russia then what the hell does the RIAA lawyers expect to happen. So prosecute ALLofMP3, get a judgement by default (due to non appearance at the court on the prescribed date). Win you default award and then try to collect - GOOD LUCK! Maybe the RIAA lawyers think the Russian owners are actually going to send a legal team to N.Y. courts and address this issue? That would be silly since where they are IT'S LEGAL!

      The California courts addressed the "can't having it both ways" issue with these RIAA clowns already. You'd think they'd get the hint and try using their heads besides something besides hat rack. Or maybe their just getting desperate and have no other ideas.

  54. I Believe... by owlnation · · Score: 2, Funny

    ...that the Russian response was something along the lines of:

    Xa,Xa,Xa,Xa,Xa,Xa....!!!!

    1. Re:I Believe... by dkleinsc · · Score: 1

      As opposed to:

      In Soviet Russia, music pirates you!!

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
  55. A well known method by Anonymous Coward · · Score: 0

    Digital rectal extraction a.k.a. "pulling a number out of their asses".

  56. Re:"Laws" in russia? by Anonymous Coward · · Score: 0

    Hmmm... I guess you could bash America, but then no one was bashing Russia. In fact no one was really bashing Putin either. That's pretty low... Although, we could blame the republicans. They did vote for Bush. Twice...

  57. Artists should be reimbursed by straponego · · Score: 2, Insightful

    Yet I think that not even the deffest of jams merits compensation sufficient for an interstellar platinum plated Hummer-- which I can get you, for $1.65 trillion, I promise. Heck, I'll to it for half that. But I need it up front.

  58. Only people on /. take that position. by Anonymous Coward · · Score: 2, Interesting

    When you buy a CD or a DVD you are not paying for a license to do anything, you are buying media. Nobody, not even the RIAA, is claiming otherwise. You still can't do whatever you want with your media, because there are laws that restrict certain uses (such as copying, distribution, public performance, etc.)

    This licensing thing is getting really fucking tiresome. People on /. bring it up because they conflate software with other copyrightable works. EULAs are very extraordinary. There are no EULAs for books, CDs, DVDs, etc.

    They are also unnecessary.Yyou don't need an EULA to use software (note, this is separate from whether EULAs are enforceable), because any infringing acts you commit in order to use your software are actually exempted in the Copyright Act itself. Consumer level licensing exists for virtually no other copyrightable works, and they wouldn't need to exist for software either. The fact that they do is insane, really.

    So, please stop it with this licensing bullshit. It makes you look like a fucking idiot and just instigates other fools into repeating you thinking you have a clue.

  59. Re:"Laws" in russia? by Bacon+Bits · · Score: 4, Insightful

    As opposed to the US, where being on the correct side of the law means investing millions in lobby groups and election funds.

    --
    The road to tyranny has always been paved with claims of necessity.
  60. Re:The RIAA should chat with Alexander Litvinenko by Gentlewhisper · · Score: 1
    not smart to fuck with the Russkis. They have their own rules : there ARE no rules.


    Maybe it is time for the russians to realise who's the bitch now.
  61. Markov? by GuyMannDude · · Score: 1

    Oops, they can't, can they ? Maybe the RIAA should stick to going after defenseless single mothers, because it's just not smart to fuck with the Russkis. They have their own rules : there ARE no rules. Don't believe me ? Ask Mr. Markov ...

    I wouldn't waste your time. Mr. Markov has no memory whatsoever. All he knows is his current state; not how he got there. I doubt there is much benefit to asking some Russian dude with a bad-ass case of Alzheimer's about RIAA intimidation tactics.

    GMD

    1. Re:Markov? by vyrus128 · · Score: 1

      Well I got it, at least. :-)

    2. Re:Markov? by Project22a · · Score: 1

      RIAA is so worthless. Even after (if) RIAA wins a suit, NONE of the money they "win" goes to the recording artists that they're supposedly fighting for.

    3. Re:Markov? by Anonymous Coward · · Score: 0

      Even after (if) RIAA wins a suit, NONE of the money they "win" goes to the recording artists that they're supposedly fighting for.

      This is speculation.

      Can you prove what you claim? Or do you believe what you say because it does not challenge your existing beliefs?

  62. National Debt? by cuteseal · · Score: 1

    So this is how the US plans to solve its national debt?

    1. Re:National Debt? by RavensDark · · Score: 1

      No, just pay for the war in Iraq.

      --
      "Dark Wings, Dark Words"
    2. Re:National Debt? by ja · · Score: 1

      Mmmm ... Not a bad thought. If the US owes the Chinese some trillions, but on the other hand the Russians owes the US a similar amount, then the net sum will approach zero and national debts be gone. That it is all toy-money is not important. As long as you follow the rules of accounting.

      --

      send + more == money? ...
  63. Follow the bouncing ball... by gurutechanimal · · Score: 5, Insightful

    American corporations love doing business in countries where labor laws are lax. They do business where labor laws are lax because they can work people there in ways that would be illegal to do so in the United States. The corporations would call this "globalization" and point the great benefits of the "global economy" at work.

    American corporations also like to do business in countries where organized dissent to their activities is suppressed by "friendly" governments (friendly to their interests, that is). They do so because organized dissent is legal in the United States and has on more than one occasion 1) aired the corp's dirty laundry, 2) stopped them from performing harmful (but profitable) acts, and 3) called for the corp's to strike a balance between shareholder value and respect for the laws of the country in which they live.

    What does all of this have to do with AllOfMP3? Well, American corporations have a long record of doing business (and making bundles of money) by going to places where they aren't restrained by such trite formalities as "laws". American corporations love to extol the virtues of the "global economy", just as long as they're the ones who benefit from it; after all, transnational capital alone should benefit from international business.

    But for some reason, the average Joe using the internet to do THE EXACT SAME THING that American corporations have been doing for years is deemed wrong, illegal, unethical, and Lord knows how many other bad things. The average Joe who buys a song from AllOfMP3 is engaging in exactly the same type of transaction that corp's have done for years: gain financial advantage by offshoring their transactions.

    Am I oversimplifying? Maybe. But chew on this: Either we have a global market (as we are told that we have as our jobs are outsourced), or we don't. And if we do have a global market, the rules were written long ago by the same people that are trying to stop us from following them.

    --
    Governments are not necessary.
    1. Re:Follow the bouncing ball... by Anonymous Coward · · Score: 0
      American corporations

      Usian corporations. Correct term is Usian. Please don't insult America, it's not US.
    2. Re:Follow the bouncing ball... by DreamingReal · · Score: 0, Redundant

      You have made a completely cogent and relevant argument in this whole ridiculous debacle. It is something that is so obvious, yet everyone seems to miss it. Thanks for bringing it to the table. I will remember your points in my future discussions of the AOMP3 topic.

      --
      We want some answers and all that we get
      Some kind of shit about a terrorist threat

      - Ministry
    3. Re:Follow the bouncing ball... by Anonymous Coward · · Score: 0
      Usian corporations. Correct term is Usian. Please don't insult America, it's not US.

      That's a rather stupid sounding term, and it's hardly "correct" if no one uses it. There are 42,000 google hits for "usian", essentially all of them blogs. There are 648 million google hits for "American", and essentially all of them refer to the United States. Adapt. Live with it.
    4. Re:Follow the bouncing ball... by Anonymous Coward · · Score: 1

      [...]
      It's dawn and there's fog in Rotterdam harbour
      and the guard's on his break and the dogs are chained by the wire
      three figures come out from behind the cranes
      make across the train tracks
      climb aboard a Panamanian freighter headed for the isle of grain
      find a place to hide in a stack of containers
      another payload of world trade because

      goods are free to move, but not people
      oil is free to move, but not people
      jobs are free to move, but not people
      money is free to move, but not people
      [...]

      -- New Model Army, Another Imperial Day

      (simply great song)

    5. Re:Follow the bouncing ball... by slashbart · · Score: 1

      Wow,

      I've never heard of them, but this is poetry!

    6. Re:Follow the bouncing ball... by Tim+C · · Score: 1

      It's ironic that the one advising people to adapt is the one that's calling for the status quo, not the one that's trying to change things.

      Languages change as people add new words and terms. Not all changes are for the better, not all should thrive, but ultimately, it's the people that should decide. You get your vote, we get ours; me, I like USian (and EUian, UKian, etc), although it does seem to inflame some quite remarkable passions. So far, the only people I remember seeing object are Americans...

    7. Re:Follow the bouncing ball... by Anonymous Coward · · Score: 0

      American corporations love doing...

      Yeah, only american corporations do this too... open your eyes idiot.

    8. Re:Follow the bouncing ball... by Anonymous Coward · · Score: 1, Insightful

      Now, change "American corporations" to "Corporations looking to make a few extra units of local currency" and "the United States" with "most industrialized nations", and you'd be right on target. Here, I'll fill in the blanks:

      Corporations looking to make a few extra units of local currency love doing business in countries where labor laws are lax. They do business where labor laws are lax because they can work people there in ways that would be illegal to do so in most industrialized nations. The corporations would call this "globalization" and point the great benefits of the "global economy" at work.

      Etc.

      ... Because we all know the US isn't the only country who conducts business with Russia and China.

      -M

    9. Re:Follow the bouncing ball... by Anonymous Coward · · Score: 0

      Why, you're right! Two wrongs make a right because they started it!

    10. Re:Follow the bouncing ball... by Vitriol+Angst · · Score: 1

      Great post.

      We have a "free market" in terms that Multinationals can get around restrictions on trade. You or I can't freely import things. Everything is a case by case basis.

      For instance... remember how "criminal" or "dangerous" it was to get prescription drugs from Canada?

      "Free Market" just means "Profit without Accountability." I expect Businesses to engage in this whenever they can. The difference now is, that our government acts as an advocate and protects profits. So, Federal jail time and serious money for infringing copyrights. But an artist who wants money from their works has to sue. Someone "stealing" these works, had to pay extra on storage medium. So we all "pay" a tax on the idea that someone is stealing.

      AllOfMP3 is doing to the Owners, what they do to the Workers. Please, send me some news of some outrage that Mexico outsources jobs to China -- thus forcing workers to cross the border to the US for "illegal" work. When was the last time a CEO, or ANY corporation, got in real trouble for "illegal" work? I guess Tyson still sells chicken, right?

      It's not a two-way street. You do not buy from a free market. Distributors make the profits on the food you get at the grocery store - not farmers, and not for the most part, the stores. You cannot drill for oil. You cannot pay cash to doctors, and expect to get that 66% discount AND government subsidies like Health Insurance Companies.

      There is only "stealing" of music, because it costs too much. iTunes proved that people will pay a reasonable fee for music and video -- when coupled with actual service and ease of use. AllOfMP3 just proved that people will pay LESS for those same services -- Wow! See, people were paying to download music -- rather than use P2P and in droves. So really, this is all about price (and perhaps profit -- right?). I'm not sure whether allofmp3 compensates the artists or the license holders -- I suspect they just don't do AS MUCH AS THE LABELS WANT. Which is also true of Steve Jobs. The only issue here, is if AllOfMP3 acquired the distribution rights legally -- and then, if those laws pertain to Russia. They will have to win in a Russian court.

      My prediction, is that they will fail to exert influence in Russia (what with the NeoCons doing their best to paint Putin into a corner), and will have to make anyone using AllOfMP3.com services in the US liable as smugglers -- and then ban the linking to the site from ISPs. If this were still 2006, they could have achieved a law like that in the Patriot Act III, for a mere $20 Million and two months after the check cashed -- we shall see how that goes in 2007. It's all politics at this point.

      --
      >>"ad space available -- low rates!!!"
  64. Great publicity for AllOfMP3.com, however by SpectralDesign · · Score: 1

    Great publicity for AllOfMP3.com, however... don't you think?

    --
    Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind. - Dr. Seuss
  65. Re:"Laws" in russia? by ScrewMaster · · Score: 1

    I agree with you about the radioactive retribution, but can you really call the other half of the Cold War "third world", a nation which is still the second greatest nuclear power?

    --
    The higher the technology, the sharper that two-edged sword.
  66. RIAA vs AllOfMP3 by iviagnus · · Score: 0

    Stick that up your a$$, RIAA!!! Btw, I illegally dowmload music. Oops! There, I said it. Try and sue me you sluts! I'll shoot the first one of you bastards that steps foot on my property. Muhahahaaaaa!!!!!

    1. Re:RIAA vs AllOfMP3 by Shadyman · · Score: 1

      They don't have to, they could just FedEx you the court documents.

  67. Re:"Laws" in russia? by Anonymous Coward · · Score: 0

    Blame the republican party, not republicans.

    I'm republican (or should I say conservatives?) and the first time around, I voted McCain (in the primary) and didn't vote in the general election, and the second time I was so disgusted I voted Kerry (though he is nearly as bad).

    Now I see that I perhaps should have voted for Gore in 2000 - but I know plenty of republicans who voted for Bush in the first election but not the second, usually abstaining the vote in general.

    Our party has strayed from its stated ideals, but true blue republicans (not the neo-cons) have not been well served in the last 6 years either. Both sides have lost in all but name.

  68. Wow, music is getting expensive. by GodWasAnAlien · · Score: 1

    Once, you could get 10 songs on a CD for $20.

    Now they cost $150,000 for each song.
    I guess I havn't bought a MAFIAA song in a while.

  69. For freedom, go to Russia? or China? by openright · · Score: 2, Interesting

    America was founded not long after the 100+ year publishing monopolies in Europe were dissolved, and the US allowed only a 14 year copyright monopoly.

    Now, here we are again. If you want to find a place where you can freely exchange ideas for the sake of advancing science or art, well, the US is not currently that place. If you have a new composition based on Bach, great, but anything based on any work from the last century would be illegal to even give away without paying the owning corporation whatever they demand. And the software that you created is also illegal to give away, because the trivial algorithm you used was patented last year by another information holding company.

  70. THERE ARE NO LICENSES. FUCKING CHRIST. by Anonymous Coward · · Score: 5, Informative

    Fuck, you fucking people are giving me a brain haemorrhage with this shit.

    Works are fixed in media (see 17 USC 101). These media are called copies. So music and software are fixed on CDs and DVDs (and harddrives and RAM), and novels are fixed in hardcover books, etc.

    When you buy a CD, you buy a CD. Period.
    When you buy a book, you buy a book. Period.

    You can lend your book, your CD, to someone. You can rent it. You can sell it. You can burn it. Etc.

    You do not buy, and do not need, a license for the work on the media unless you plan to do something with that work that would violate the copyright holder's exclusive rights (see 17 USC 106).

    THERE ARE NO EULAs FOR CDs OR DVDs.

    You are buying media. Period.

    You have to understand that. You can do anything with the media you want. That doesn't entitle you to the "work." The work is an intangible thing. It is unownable and unpossessable and therefore nobody owns nor possesses it.

    Copyright grants copyright holders certain rights assoicated with the work -- FROM WHATEVER SOURCE -- but this is separate from the work fixed in a medium: which is a physical thing, just like any other physical thing.

    The reason you can't do whatever you want (eg, make copies) is because the copyright statute says you can't. It's not because a license says you can't. You need a license in order to make copies*, sure, but you're not buying one when you buy a CD.

    * you can also make copies if you have one of the few exceptions under the law, etc.

    If you're allowed to make backups, btw (about which there is no brightline rule, only the fair use test), you're allowed to keep them when you resell your CD, etc. But since there's no general exception to make backups generally (software is an exception IIRC), the whole circumstances have to fit the four factors of the fair use test. So, e.g., if you intended to sell your CD, and made a backup so you could keep the music knowing you planned to sell it tomorrow, that's probably not a fair use.

    1. Re:THERE ARE NO LICENSES. FUCKING CHRIST. by fluxrad · · Score: 1

      It's not that simple. I'd explain, but Larry Lessig can do it much better than I can.

      --
      "It is seldom that liberty of any kind is lost all at once." -David Hume
    2. Re:THERE ARE NO LICENSES. FUCKING CHRIST. by Kjella · · Score: 1

      If you're allowed to make backups, btw (about which there is no brightline rule, only the fair use test), you're allowed to keep them when you resell your CD, etc.

      Apart from the extremely low probability you'll get caught for this, and the extremely low probability you'll be able to make that case, I'd say your chances with this argument is ridiculously low. Anything that means two people now have permanent copies of one purchased CD is likely to be struck down faster than lightning.

      --
      Live today, because you never know what tomorrow brings
  71. RIAA Should send a team by symbolset · · Score: 1

    Of corporate presidents and high powered lawyers over to Russia to "Negotiate". Once those lawyers apply their legal acumen in the new enterprising Russian venue I'm sure the corporate suits will get a resolution they deserve.

    --
    Help stamp out iliturcy.
  72. ObSimpsons by Amazing+Quantum+Man · · Score: 4, Funny

    I, for one, welcome our new Trillionaire overlords.

    --
    Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    1. Re:ObSimpsons by tuxicle · · Score: 2, Funny

      In Soviet Russia... oh wait!

  73. Re:FP by Anonymous Coward · · Score: 0

    And you looked at it?

  74. HE DID NOT BUY A LICENSE. by Anonymous Coward · · Score: 0

    That's not even something RIAA people claim. It's just a fucking fictitious argument Slashdotters made up.

    There are no licenses associated with buying music on CD. NONE AT ALL.

    If you lose your CD, you've lost your CD. It's just like any other physical piece of property. You're not "licensing the music on the CD." YOU ARE NOT. NOBODY CLAIMS THAT YOU ARE, EXCEPT IDIOTS ON SLASHDOT. And the only reason idiots on Slashdot claim that you are buying licenses is because a) people who sell software claimed they sell it pursuant to a license agreement and b) people on Slashdot, like people everyone else, want to be able to do things with music which they're not allowed to do, so figure they invent this licensing strawman to create a loophole in which they can do it.

    These licenses simply don't exist.

    YOU OWN YOUR CDs. THEY ARE NORMAL ACTUAL PROPERTY. YOU CAN DO ANYTHING AT ALL IN THE WORLD WITH THEM EXCEPT THINGS THAT ARE ILLEGAL.

    You can't kill someone with your CD because a criminal code somewhere says you can't. You can't copy the CD because a copyright statute says you can't.

    THERE ARE NO FUCKING LICENSES YOU FUCKING FUCKS.

  75. Not w/ lobbying groups.... by Marnhinn · · Score: 4, Interesting

    BS (at least w/ the lobbying groups).

    Lobbying groups have far less influence than most people think. (I work on the Hill - I know.) Unless the group represents someone that is a constituent (or business that employs large numbers of constituents) of the politician or the politician is corrupt (roughly 1 in 50 is), the group will not get face time with a Senator. They might get to meet one of his legislative assistants (many who are law students), but the influence a LA will have on his / her Senator varies greatly.

    If you were to poll the Senators before they ran for office, you would find that their views are already in alignment with the RIAA and MPAA. That is why they get money donated to their campaign - not for influence when they are in office, but to get elected (pure and simple - cause when they are then elected the RIAA / MPAA does not need to worry about them). The American people at the moment do not care enough about the issues (that the RIAA and MPAA do) to vote based on them (and given our current problems - this may be a good thing).

    When the movie / music organizations throw receptions here (they did a special dinner and advance screening of Eragon 3 weeks ago), not a single Senator went (I know - I had nothing better to do, so I rsvp'ed and showed). Heck, I bet less than 10-15 legislative assistants were there also. Most of the people that go to their meetings are either interns, people that think they're important or rarely IT people that are tired of coding (me). Now many of those interns may be your future Senators - so you could say that they are buying influence in advance... but I doubt it - given most interns pirate music left and right (a few are dumb enough to do it at work).

    Anyhow - they (lobbying groups) don't buy influence, Americans simply elect people that support the lobbying groups views (i.e. an uninformed voting populace).

    --
    There is always a frontier where there is an open and willing mind
    1. Re:Not w/ lobbying groups.... by mrchaotica · · Score: 2, Funny
      Lobbying groups have far less influence than most people think. (I work on the Hill - I know.)

      Well of course you'd say that -- you're one of them!

      --

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

    2. Re:Not w/ lobbying groups.... by scotch · · Score: 1
      If the lobbying groups don't buy influence, what exactly is it they are spending money on? If the lobbying groups don't have influence, what exactly is the point of them? If the politicians already agree with the lobbying groups, why don't the lobbying groups just go home and spend all that money on hookers an booze?

      If the politicians already agree with the lobbyists when they get to Washington, it's because they already know where the money is .

      If the lobbying groups only buy the staff assistants, that works too, since the assistants read the bills, broker the meetings, pull the strings, arrange schedules, and wipe the assess of the senators. The senators don't even read the bills.

      --
      XML causes global warming.
    3. Re:Not w/ lobbying groups.... by The+Conductor · · Score: 3, Informative

      If the lobbying groups don't buy influence, what exactly is it they are spending money on?


      They don't have to buy much influence. When 533 people are controlling $2 trillion, you only have to steer a very small amount power to be worth spending a good-sized pile of money. Or you keep a lobbying firm on retainer for years, just to have them available to put in your side of the story on the once-in-a-century moment when it can make a difference. It's sorta like patents, they're usually not good for anything, but the megacorps cultivate piles as a form of insurance.

    4. Re:Not w/ lobbying groups.... by Overzeetop · · Score: 1

      Eragon? You've got to be kidding...of course there weren't any legislators there.

      You can't take money without being beholden. Whether the money was for a first election or a subsequent one, there is no denying that money buys face time. Now, face time doesn't always equal agreement, but those reps aren't exactly foaming at the mouth screaming that the world will end if they dont' get thier way. There is a resonable, rational way to describe your position, and if there is nobody else to refute your side - especially on tecnhically complex issues - then support is pretty likely. There are obvious exceptions - guns, hard left environmentalism, abortion - all are too popular to not have multiple sides.

      Almost any "national" issue can be made to have local consequences by the right connections. For $100k, I can get face time with both of my senators. For $1M, I can probably get face time with any senator - I'm not asking for a vote, just asking to present "my side" - if he/she choses not to support me, the money can be donated to a charity in his/her district. The price would be much cheaper for those I know support my cause.

      Growing up in DC, I know that there are firms which throw money at brick walls - but the congresspeople still pick up the cash on the ground when they think nobody is looking, and they know who threw it to begin with. It may not change a vote, but it does have an impact.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    5. Re:Not w/ lobbying groups.... by AK+Marc · · Score: 1

      Lobbying groups have far less influence than most people think.

      I'm in Alaska. Last I heard, the majority of campaign funding for our representative and two senators came from out-of-state contributors. I would guess that face-time is quite easy for the non-constitutents. I would guess that the majority of visitors to the DC offices of my congressmen are not constitutents. My congressmen have been known to receive large contributions the day before or the day after a close vote. I would guess that your 1 in 50 number is closer to the number that are clean, not the number that are bribable. Though my three here and having been raised in TX may have skewed my view of politicians.

  76. Seriously... by lordvalrole · · Score: 0

    If you are tired of seeing this crap, there is one simple solution. STOP paying for music or for movies. Just download everything. It stops the money flow, so they can't use that money to make these insane court cases. That is all.

  77. Democrats run copyright by Anonymous Coward · · Score: 0

    If you check your voting records, the Dems run copyright.
    So, if you want to complain about how evil the RIAA is (and have legitimacy), you have to complain about the Dems.

  78. Nulla poena sine lege by CharonX · · Score: 3, Informative

    Well, if Russia changes its laws so that AllOfMP3's service becomes illegal... the RIAA can't sue for alleged moetary losses before it became illegal, as there was no law to make it illegal before.
    It would be like if the US made recycling of lightbulbs mandatory (giving the lightbulb-makers the right to sue you if you didn't bring broken lightbulbs) and then the lightbulbmakers try to sue you because you threw away a lightbulb ten years ago (instead of recycling it). You cannot break laws retroactively. Even if the lightbulbmakers ran big campaigns and threatened to sue you if you don't recycle those lightbulbs, they cannot sue you for doing something in the past that now would break the law.

    --
    +++ MELON MELON MELON +++ Out of Cheese Error +++ redo from start +++
  79. IP will be the new oil by stimpleton · · Score: 1

    Russia(and its businesses) may get away with this due to its size, but I predict that, just as Iraq was invaded for its oil, the future of war may include intellectual resources.

    --

    In post Patriot Act America, the library books scan you.
    1. Re:IP will be the new oil by loraksus · · Score: 1

      Except that IP really can't be cut off.
      That and you need oil.

      --
      1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
    2. Re:IP will be the new oil by Teancum · · Score: 1

      This is simply absurd. Nations go to war in order to "kill people and break things". That is the last thing you want to do if you are seeking control over "intellectual property" of any kind.

      It is creative minds that create this stuff in the first place, so when you talk about a war over intellectual resources, that means that you have to have a war that is explicitly designed to capture smart people who can create that sort of cool stuff.

      It could be argued that after the collapse of the 3rd Reich that both Russia and the USA engaged in a sort of political war to recruit various German scientists over to their "side" during the Cold War. If a war over intellectual property does happen, it is precisely in this manner. Bullets don't (mostly) get fired but it does become an ideological battle that takes place trying to win the hearts and minds of everybody involved. And economic power plays where economies of entire countries get wacked due to international competition over this still. And all that is happening right now.

  80. Re:"Laws" in russia? by spisska · · Score: 1
    Anyone from the outside investing in Russia should know full well that it is a high-stakes gamble.

    Not just people from outside Russia. Anyone who's born and raised in Russia needs to know that great success is a high-stakes gamble. Remeber Boris Berezovsky or Mikhail Khodorkovsky?

    The 'new' Russia is very much like the 'old' Russia in that if you piss off the people at the head of the table, you'd better run or you'll wake up in prison or dead.

  81. Probability And Punative Amounts by nick_davison · · Score: 1

    Zeropaid is reporting that as part of its ongoing lawsuit, the RIAA will be seeking the maximum of $150,000 per song for each of the 11 million MP3s downloaded from the Russian AllofMP3.com between June and October last year. This amounts to roughly $1.65 trillion, probably a tad more than AllofMP3 has made in its lifetime.

    Everyone gets their panties all caught up over how the amount concerned is ridiculous. There's a simple reason why it's supposed to be ridiculous. I'll see if I can explain.

    Say you could commit a crime (let's not debate whether it should be a crime, that's a whole other debate). Say the crime allows you to profit by $1,000 and the risk of getting caught is 20%.

    Now let's assume that you're only allowed to be sued for the profits you've made.

    One guy is essentially back where he started. It sucks but no great loss. Four other guys are $1,000 up.

    The simple mathematician in me says this beats the hell out of Vegas. 20% chance of losing nothing more than what I got from it, 80% chance of keeping my money... Statistically, if I do this enough times, I'll make $800 for every infraction.

    People play games at Vegas because sometimes they win many times what they put in, many times they lose, but the chance is enough even if they lose very slightly more than they put in on average. Statistically they know they'll lose overall but they'll take the risk for the big win.

    In the above 20%/80% model, you're not even going to lose overall. You're going to win overall and you'll never lose more than you get from it. That's a pretty awesome deal.

    So, without arguing whether a given act should be illegal or not, accepting that it is: Simply taking away the benefit of commiting the act, with anything less than a 100% success rate in apprehension, means you've created a model where it's statistically profitable and are, effectively, encouraging it.

    How do you discourage it? By making the cost punative.

    In this new model, say you only have a 5% chance of being caught but, upon being caught, you lose thirty times what you gained, anyone with a grasp of statistics will realize the average attempt will cost them 150% of what they gain, making it not worthwhile and hence discouraged.

    Of course this assumes that people are smart and, as Vegas proves, they're not - most people will take odds where they lose overall if they figure there's a good chance of sometimes coming out on top.

    This is the problem with speeding tickets ($100 or $1000, it's semi meaningless if people know that 999 times out of 1,000 they'll get away with it - the large fine just feels unfair at that point as it's something they never really considered they'd be lumbered with).

    This is also the problem with the RIAA file sharing lawsuits. $4,000 for one in a hundred thousand violators is just random unfairness. A $100 fine, if you knew you'd absolutely get hammered with it the moment you committed the act, would be far more effective at discouraging people. Not understanding how human minds work means they keep on being perceived as unfair as opposed to changing perception of the act to a bad idea.

    Still, accepting they are going after businesses with things like the $150,000 fine, and not individuals, it does shift somewhat back to the statistical effect model. $150,000 per violation seems ridiculous but the whole point is to make it absolutely clear, "If we get you, we won't just take what you've made but we'll take everything you've ever made, will ever make, your investors have ever made and anything associated with it. Still want to play?" It's not supposed to be fair - it's supposed to somewhat balance out the statistical chance of getting away with it.

    Curiously, we bitch when we perceive those suing as evil and yet we bitch when large corporations play those same odds. Take a car company that knows it can pay $2m per case to settle 100 fatalities caused by a known safety issue - rather than pay $500m as a recal

  82. My Book by anomaly · · Score: 2, Insightful

    A couple of points:
    While you are correct that the courts determine the outcome, the parent poster was attempting to justify behavior which is clearly in conflict with the laws of the US.

    Also, I'd suggest that opinions about moral behavior are quite relevant. Legal systems are a societal attempt to codify moral behavior.

    --
    But Herr Heisenberg, how does the electron know when I'm looking?
  83. Proof? Proof of what, exactly? by mrchaotica · · Score: 2

    What, proof that people bought music legally in Russia and then imported it?

    This is ridiculous -- people are so caught up with the RIAA, apparently, that they've forgotten that none of it makes sense: not only is AllOfMP3 operating within Russian law, the RIAA isn't even suing in a jurisdiction that has any power whatsoever to enforce a judgement! The RIAA is on a witch hunt, and that's the nicest thing that can be said about it!

    --

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

    1. Re:Proof? Proof of what, exactly? by cpt+kangarooski · · Score: 1

      That's useful proof. First, because downloading is not importation, it's reproduction, due to the way that the law defines what's illegal and the specific actions that occur in the process of downloading. (Specifically that making a copy is illegal, and a copy is defined as a tangible object, and downloading doesn't involve moving tangible objects like CDs, it involves using intangible information to create a new tangible copy within the US, where that's prohibited) Second, because even if it were importation, that would be illegal anyway. Yes, we all know that there is an oft-cited exception to the ban on importation, but that exception only covers one ban. There is a second one, and they both apply. The exception -- if it were importation at all -- isn't enough to protect anyone.

      --
      -- 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:Proof? Proof of what, exactly? by mrchaotica · · Score: 4, Interesting
      Specifically that making a copy is illegal, and a copy is defined as a tangible object, and downloading doesn't involve moving tangible objects like CDs, it involves using intangible information to create a new tangible copy within the US, where that's prohibited

      That's ridiculous. If you have a legal right to a file in another country, and posession of it in this country is not otherwise illegal (e.g., it's not kiddie porn or something), there's no sane reason you can't copy it across the (virtual, and therefore nonexistant) border.

      Let's use an analogy: imagine you're on vacation in Europe, and you buy a CD, burn it, put it on your iPod, and bring it back home with you. Is that illegal? Of course not, that would be absurd!

      Next, imagine you do the same thing, but you put it on a computer you happen to own, that you leave in Europe. You then transfer it to yourself after you get back home. Is that illegal? Of course not, that would be absurd!

      Now, finally, imagine exactly the same thing, except that AllOfMP3.com just happens to be storing the file for you instead of you doing it for yourself (note: it's still your file, because you bought it). How is that any different? It's not, therefore it would still be absurd for it to be illegal!

      --

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

    3. Re:Proof? Proof of what, exactly? by Anonymous Coward · · Score: 0

      ...and since when was sanity a requirement for the RIAA to sue? Actually, since when was sanity a requirement for American law?

    4. Re:Proof? Proof of what, exactly? by cpt+kangarooski · · Score: 4, Informative

      That's ridiculous. If you have a legal right to a file in another country, and posession of it in this country is not otherwise illegal (e.g., it's not kiddie porn or something), there's no sane reason you can't copy it across the (virtual, and therefore nonexistant) border.

      Well, the law says you are not allowed to copy it across the border, but you may be allowed to physically move a pre-existing copy across the border.

      You might disagree with it, or find it silly, but that is actually what it says. I'd rather you disagree with it, knowing that, than to deny that it exists altogether. I'm a firm believer in the idea that we'll never get these laws fixed until people know what they really are, and what the policy goals for the laws are meant to be. Misinformation and erroneous 'common knowledge' don't help.

      Let's use an analogy: imagine you're on vacation in Europe, and you buy a CD, burn it, put it on your iPod, and bring it back home with you. Is that illegal? Of course not, that would be absurd!

      Actually, it is possible that bringing in the CD itself would be illegal; it would depend on its origins. But in any event, your example is faulty. Allofmp3 involves making copies across a border; you're talking about making a copy and then bringing it over the border. That's not the same thing. There is a world of difference between moving a tangible medium over the border (e.g. a CD, a hard drive, an iPod), and moving intangible information over the border (e.g. reading from a server in Russia and writing to a hard drive in America). The former is importation (a form of distribution), the latter is reproduction. Different exceptions apply to each.

      --
      -- 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:Proof? Proof of what, exactly? by Kadin2048 · · Score: 1

      Well, the law says you are not allowed to copy it across the border, but you may be allowed to physically move a pre-existing copy across the border.

      Can you cite a source on this? I'd be interested in reading about it, but I've never seen anything that would suggest this (to be fair, I've never seen anything that would disprove it, either). My understanding was that there was a dearth of case law on the subject.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    6. Re:Proof? Proof of what, exactly? by Miseph · · Score: 1

      That's ridiculous. If you have a legal right to a file in another country, and posession of it in this country is not otherwise illegal (e.g., it's not kiddie porn or something), there's no sane reason you can't copy it across the (virtual, and therefore nonexistant) border. And yet, such is the case. Sadly, there is no requirement that the law be sane, reasonable, fair, moral, or free from overt corruption.

      Your rights have all been sold to the highest bidder, and so long as you keep playing their games, you'll never get them back. Welcome to America.
      --
      Try not to take me more seriously than I take myself.
    7. Re:Proof? Proof of what, exactly? by umghhh · · Score: 1

      One point on the side: whether absurd or not it does not mean that one cannot make it a law - laws are not there for our liking. Whether they make sense or not is of course a valid argument but such arguments rarely prevent absurdities becoming laws or morons and criminals 'respected' politicians. That is sad reality of life.

      I do not care whether said company is legal or illegal but I find it funny that russian mafia is being attacked by american one. I wonder what RIAA is going to do - send lawyers to mr Putin to teach him a lesson (or more likely to learn a lesson in law from him :) or argue with Mr Bush the Fighter to bomb Moskow into senses or out of existence. I only hope that the dust will be blown away from me.

    8. Re:Proof? Proof of what, exactly? by jackharrer · · Score: 1

      Best part of it is, that thanks to their witch hunt allofmp3.com is making more and more cash. Something like free advertisement.

      --

      "an experienced, industrious, ambitious, and often, quite often, picturesque liar" - Mark Twain
    9. Re:Proof? Proof of what, exactly? by Jah-Wren+Ryel · · Score: 1

      I find it funny that russian mafia is being attacked by american one.

      Allofmp3 as russian mafia is just an riaa scare tactic, there has been no credible evidence for such claims.

      --
      When information is power, privacy is freedom.
    10. Re:Proof? Proof of what, exactly? by cultrhetor · · Score: 2, Funny

      I, for one, enjoyed your Lawrence Lessig plagiarism.

      --
      "Tu fui, ego eris" - Virgil
    11. Re:Proof? Proof of what, exactly? by JayBlalock · · Score: 3, Informative
      Now, finally, imagine exactly the same thing, except that AllOfMP3.com just happens to be storing the file for you instead of you doing it for yourself (note: it's still your file, because you bought it). How is that any different? It's not, therefore it would still be absurd for it to be illegal!

      I just have to point out that, though it is indeed absurd, MP3.com back in the good old days got legally smacked down for doing *exactly that*. And the precedent stood.

      You put in a CD in your computer, MP3.com verified it was legit, and gave you access to an MP3 copy they had previously made. Court ruled that format shifting is only legal if you do it yourself, and even though the end result was *exactly the same*, just saving the consumer some time and effort, they were ordered to stop.

      --
      Bush: He's Liberal in all the wrong ways.
    12. Re:Proof? Proof of what, exactly? by Zontar_Thing_From_Ve · · Score: 1

      That's ridiculous. If you have a legal right to a file in another country, and posession of it in this country is not otherwise illegal (e.g., it's not kiddie porn or something), there's no sane reason you can't copy it across the (virtual, and therefore nonexistant) border.

      Let's use an analogy: imagine you're on vacation in Europe, and you buy a CD, burn it, put it on your iPod, and bring it back home with you. Is that illegal? Of course not, that would be absurd!

      Next, imagine you do the same thing, but you put it on a computer you happen to own, that you leave in Europe. You then transfer it to yourself after you get back home. Is that illegal? Of course not, that would be absurd!

      Now, finally, imagine exactly the same thing, except that AllOfMP3.com just happens to be storing the file for you instead of you doing it for yourself (note: it's still your file, because you bought it). How is that any different? It's not, therefore it would still be absurd for it to be illegal!


      In your example about buying a CD in Europe, court cases in the 1980s firmly established the right of Americans to buy CDs and movies (at that time it would be VHS tapes, but now expanded to include DVDs and VCDs) for personal use , which in practice means one copy of each title is OK. It's a very long story, but the cases mostly involved royalty payments and yes, the RIAA and their friends tried their best to make it illegal to import records, CDs, etc. and lost that battle, while they won the royalty payments part of their argument.

      I find it interesting that to date no US customers of AllOfMP3 have been sued. I think this is deliberate because the RIAA doesn't know that they will win that fight. Your arguments are sound and the RIAA knows this and the last thing they want is a legal precedent set where it is legal to buy songs from AllOfMP3. People here can say all they want that it's "illegal" but in fact nobody knows whether it's legal or not. The RIAA says it isn't legal to buy from AllOfMP3, but the US courts haven't had one case on it.

      The suing of AllOfMP3 in New York happened because the RIAA knows that AllOfMP3 won't defend themselves in a US court and they'll most likely win by default unless a smart judge rules that the RIAA has no standing to sue a foreign company in US courts for actions that take place outside the USA. I don't think that will happen though. The RIAA will use its buddies in the Bush administration to try to get Russia to stop AllOfMP3, but Putin doesn't take orders from us, so who knows what will ultimately happen? The US hasn't been real successful in the past in getting the Russian legal system to come down hard on people like hackers or marriage broker scammers, so I wouldn't hold my breath here.

    13. Re:Proof? Proof of what, exactly? by Citizen+of+Earth · · Score: 1
      I, for one, enjoyed your Lawrence Lessig plagiarism.

      It's not "plagiarism"; it's "free culture"!

    14. Re:Proof? Proof of what, exactly? by cpt+kangarooski · · Score: 2, Informative

      17 USC 106 prohibits reproduction and distribution, which are different kinds of infringing behavior. Since US copyright law isn't extraterritorial, they both only apply to conduct that occurs within the US. Also, since no copyright laws are extraterritorial, copyright laws are national. That is, Russian copyright laws only cover conduct within Russia, and are the only laws that apply in Russia; similarly, US laws only cover what happens in the US, but are the only laws that apply within the US.

      17 USC 101 defines a copy as a material object in which a work is fixed. Although computer users have a habit of calling a sequence of information a copy (e.g. I have two copies of file foo on this hard drive), this is incorrect usage when discussing copyright (which would say that there is one copy -- the hard drive itself, so long as it contains file foo, no matter what else it contains, or how many times it contains it).

      If you download information, no tangible object is sent to your computer; only information is sent. But the computer writes that information onto tangible objects, such as its RAM, cache, hard drives, etc. Because it does this, it makes at least one copy, possibly more, just as a normal part of its operation. If the computer and the objects are located within the US, then US law alone governs the creation of those copies; that some foreign law would allow it is irrelevant, because the copying is not occurring there. This is an example of reproduction, the first type of infringement listed in 17 USC 106.

      Another distinct type of infringement, also listed in section 106, is distribution. While the canonical case of distribution is that of physically handing out copies (which, as you now know, are tangible copies), courts have also interpreted it to include providing files on a server; while only the information goes over the wire, the downloader creates and ends up with a new copy as if the uploader had simply distributed one in the first place. Disagree with this if you like, but the courts have been unanimous in this.

      Importation is not listed as infringing behavior per se, in the Copyright Act. But the law does say that importation is an infringement of the distribution right. That is, importation is a subset of distribution. Specifically, the law talks about the importation of copies, rather than importation of anything. In fact, all of section 602 is very copy-centric, in that copies might be in luggage, they might be susceptable to being intercepted by customs, that things depend on the laws of the place where the copies being imported were made, etc. So a court is likely to interpret importation in this context as being the movement of tangible objects across the border into the US. Since copies are tangible objects and downloading does not involve tangible objects being moved from place to place, downloading cannot be importation. It is, OTOH, reproduction, which is a different kind of infringing behavior. That in some cases importation might be allowed is no longer relevant to this discussion, since we're not looking at importation to begin with.

      While I'm not aware of any court cases where someone actually tried to use 602 as a defense to downloading, the statutes are pretty clear that such a defense would fail pretty readily. Plus of course, courts simply don't like people who are perceived as wrong-doers. While they will still faithfully apply the law, and protect the person they dislike if the law commands, they won't do that person any favors either when they have some discretion. Hoping that a court would side with a downloader if it had a chance to interpret laws either way is a hell of a long shot.

      Hopping back to reproduction for a moment, you might think that pretty much any downloading can be infringing now, especially since it doesn't matter whether you knew or even could have known, that it was illegal at the time you did it. You'd be right, and in fact, there have been cases along these lines. My favorite to cite, since it is so clearly written, is

      --
      -- 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.
    15. Re:Proof? Proof of what, exactly? by Anonymous Coward · · Score: 0

      I think one question I'd be asking as an attorney on either side would be what international treaties governing copyright apply to this situation. It is the very fact that there are issues with people carrying legally-purchased copies of works from one country to another, people recieving radio/TV transissions from other countries that might be infringing locally, etc. that caused WIPO et al to come about.

    16. Re:Proof? Proof of what, exactly? by drinkypoo · · Score: 1

      My understanding from Russians I've talked to (not many I admit) is that practically everything making money in Russia is owned either by the mafia or a good friend of someone in government or in mafia. And that there are numerous and obvious ties between the two. It would surprise me very much if the russkie mafia didn't have an interest in Allofmp3.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    17. Re:Proof? Proof of what, exactly? by CopaceticOpus · · Score: 1

      You've made the classic mistake of applying common sense to copyright law. :)

      Using common sense, P2P networks are simply an efficient way for people to lend CDs to one another. Consider the P2P network "bob" which has one million users. Now consider the song "fun" which is shared on that network. In almost every case, there will be more people in the "bob" network who own a legal, paid-for copy of the song "fun", than there will be people in the "bob" network listening to it at a given point in time. Therefore, the P2P network is just helping people to share the music they've paid for so it doesn't sit on their shelves unappreciated.

      Try using that in court!

    18. Re:Proof? Proof of what, exactly? by cpt+kangarooski · · Score: 1

      what international treaties governing copyright apply to this situation

      None, really. Copyright treaties are not self-executing; they're only agreements between countries to internally implement copyright laws that meet a certain minimum standard, and to offer the same treatment to foreigners (who are citizens of other treaty parties, etc.) as they do to their own people. Individuals can't use the treaties, or gain rights directly from the treaties. Take a look at 17 USC 104 for a good example of this sort of thing.

      As for WIPO, they suck, and I'd just as soon see them eliminated. I don't think that copyright treaties are a good idea at all. Most of the copyright ills in the US are directly attributable to treaties circumventing the democratic process. Congress isn't all that involved at this point, because Geneva, the USTR, etc. set up treaty obligations and force Congress to pass the required laws as-is, lest we not be in compliance. As far as I'm concerned, the only international copyright laws should be 1) unilateral, universal national treatment (i.e. treat everyone the same as your own citizens, regardless of what they do), and 2) countries should informally work to avoid having laws be in such conflict that an author would be forced to choose between a copyright in country A and country B, since they're mutually exclusive. There should not be any minimum standards, however, even as far as to say that a country ought to be perfectly free to not have copyright laws at all, if that is what it feels is in its best interests.

      --
      -- 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.
    19. Re:Proof? Proof of what, exactly? by Anonymous Coward · · Score: 0

      Let's use an analogy: imagine you're on vacation in Europe, and you buy a CD, burn it, put it on your iPod, and bring it back home with you. Is that illegal? Of course not, that would be absurd!

      Actually, it is possible that bringing in the CD itself would be illegal; it would depend on its origins. But in any event, your example is faulty. Allofmp3 involves making copies across a border; you're talking about making a copy and then bringing it over the border. That's not the same thing. There is a world of difference between moving a tangible medium over the border (e.g. a CD, a hard drive, an iPod), and moving intangible information over the border (e.g. reading from a server in Russia and writing to a hard drive in America). The former is importation (a form of distribution), the latter is reproduction. Different exceptions apply to each.

      Actually, who defines what is a copy and where a copy is being made? You say that downloading from another country is making a copy across a border. Is it really? A copy is being made in the source country, that copy is being transmitted across the border, then another copy is being made in the target (downloader's) country. Like buy CD in source country, copy it there (that is legal in some countries), import the copy, then copy locally (again may be perfectly legal). Of course, it's not even that simple, is it? Several more copies are being made from buffer to buffer as the data is being routed between the server and downloader's machine. Is the owner of every proxy and every router along the way volating copyright laws? Or do exceptions exist somewhere for these cases?

    20. Re:Proof? Proof of what, exactly? by savuporo · · Score: 1

      They should sue all of the service providers that helped this copying accross the border to happen. Just as they are trying to sue software makers that allow illegal uploading and copying to happen. Which means basically sue all the ISPs

      --
      http://validator.w3.org/check?uri=http%3A%2F%2Fwww.slashdot.org Errors found while checking this document as HTML5!
    21. Re:Proof? Proof of what, exactly? by cpt+kangarooski · · Score: 1

      Actually, who defines what is a copy and where a copy is being made?

      Courts that interpret the statutes written by legislatures is typically how this is done. In the US, for example, Congress has defined a copy as a material object, when they wrote the Copyright Act. The courts can interpret what that means, but it seems unlikely that they'd get very far with something so clear. I stick with US law, since that is what I know and /. mostly seems to have an American userbase.

      You say that downloading from another country is making a copy across a border. Is it really? A copy is being made in the source country, that copy is being transmitted across the border, then another copy is being made in the target (downloader's) country.

      Well, no. Remember, the word 'copy' means a material object. Don't use it in the colloquial sense. That means that no copies are transmitted, because a transmission isn't material, it's intangible. And in any event, it doesn't matter. Since the law prohibits making any copies, the copies made by the downloader -- such as when he fixes the work into RAM, or a hard drive, etc. -- are copies made within the downloader's country, subject to that country's laws.

      Like buy CD in source country, copy it there (that is legal in some countries), import the copy, then copy locally (again may be perfectly legal).

      A CD certainly is a material object. So bringing it into a country would be importation, even though transmitting that data over the Internet would not have been. Of course, since there are limits on what can be imported (most people misread the US statute regarding this, btw; it's more strict that it might initially appear) that may or may not be unlawful. The making the copy locally may or may not be unlawful. It's still making a copy, and making copies is prima facie illegal. That it's being copied from a CD rather than a server does not itself matter much. The provenance of the source is more important (and it is entirely possible that making a copy of the server-originating copy would be legal, under the right circumstances, where making a copy of the CD would not be).

      Several more copies are being made from buffer to buffer as the data is being routed between the server and downloader's machine. Is the owner of every proxy and every router along the way volating copyright laws? Or do exceptions exist somewhere for these cases?

      For US law, anyway, the owners of the infrastructure are generally going to be protected thanks to both 17 USC 512 and also that they pretty certainly lack culpability (in that whatever their equipment does, it's doing so at the request of the downloader, making that party responsible, and they're sufficiently out of the loop that even secondary liability won't work on 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.
  84. Bad example by geekoid · · Score: 1

    The music is not illegal in the US, where as Hash is.

    If I fly to England, buy a cd, I do not have to pay for it again when I enter the US.

    Also, the industries that outsource are often appluaded for their ingunuity from others within that industry who also out source. Not by the US worker.
    They're ingenuity is also appluaded by the country they go to.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  85. Use allofmp3 because it _upsets_ record execs! by Anonymous Coward · · Score: 0
    People have posted that you should use free p2p services and just steal the music, as the artists are getting any money. However, in my mind there is a fantastic reason for using allofmp3 (beyond getting the music you want quickly and easily).

    Paying your own money to allofmp3 angers and upsets the record execs and RIAA. That is worth a great deal to me. They are motivated by exactly one thing - greed. Pure and simple. They can see directly all that money going to allofmp3. It upsets them to incredible heights that consumers clearly are willing to pay money for music, but aren't willing to pay for crippled DRM ladden low-bit-rate automatically deleting crap.

    I give money to the EFF for the same reason. You can debate how successful they've actully been in fighting their battle, but the fact that the EFF exists and tells people that they have fair use rights makes the RIAA and MPAA so very unhappy.

    Good job ??AA for fostering such great contempt and hatred in your customers!

  86. For 100,001st time. by Anonymous Coward · · Score: 0

    Yeah, there is.

    It's the regular fucking copyright law. It doesn't matter where the other server is located. You're not allowed to make unauthorized copies at the US end, and, as an American, in America, you're liable for your actions. This is well settled law. Check 17 USC 101, 17 USC 106, then read the Napster decision for how downloading is making a copy, or if you don't believe that, read Utah Lighthouse Ministries, or if you don't believe that, just go shoot yourself because you're a worthless meatbag really.

    And don't start blah blah blahing about importation and misquoting 17 USC 603 (or whatever) which has nothing to do with it. If you read the Utah Lighthouse Ministries case as I mentioned above you'll see why.

    We've been over this about 100,000 times.

    1. Re:For 100,001st time. by LarsG · · Score: 1

      Mind providing a link? Googling turned up a copyright case, but I fail to see how that case applies to allofmp3.

      --
      If J.K.R wrote Windows: Puteulanus fenestra mortalis!
    2. Re:For 100,001st time. by Anonymous Coward · · Score: 0

      This post in this very thread explains it.

  87. An idea by kahrytan · · Score: 1



      Wouldn't it be better to just sue ROM and create better licensing policy. RIAA could USE ROM to make Media Services to pay more money for licensing.

      On the other hand, RIAA is bunch of dumb asses so I guess the point is mute.

    --
    \
  88. What USA does not know... by Anonymous Coward · · Score: 0

    ...is the noose around the country.

    There's still a lot of money in US. It will come out. But what if the dollar loses its value?

    Why should the dollar lose value? Good question.

    America is the chosen destination for millions across the world. There is a bit of truth to that - to make a decent amount of money in a short period, US still rules. And if you have a child born in US, he/she is still a citizen. But the attraction ends there.

    I am seeing the beginning of the end - those who forget history are condemned to repeat it.

  89. Does anyone have a physical address for the RIAA? by Fear+the+Clam · · Score: 1

    I've looked all over the site and can't find one. It's a shame, because I have a flaming bag of poop to leave on their doorstep.

  90. Re:"Laws" in russia? by alienw · · Score: 3, Insightful

    Uh, more like if you steal billions of dollars, murder a few people here and there, evade taxes for several years, and piss off the president you might go to jail. It's a bit lenient, no?

  91. MOD PARENT UP! by mrchaotica · · Score: 1

    [n/t]

    --

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

  92. Want a Brazilian dollars? Ask Google. by tepples · · Score: 1

    Also, what would a trillion dollars convert to in Brazilian dollars?

    1 trillion usd in brazil currency = 2.13500 trillion Brazil reais

    1. Re:Want a Brazilian dollars? Ask Google. by LouisZepher · · Score: 1

      *whoosh*

      He was referencing what I thought was a commonly-known joke regarding Bush reacting to an article involving Brazilian nationals.

    2. Re:Want a Brazilian dollars? Ask Google. by Mister+Whirly · · Score: 1

      Or just wait a month and it will be 4.2 trillion reais....

      I lived in Rio de Janeiro in 1993 and my American currency tirpled in value in about 6 months...

      --
      "But this one goes to 11!"
    3. Re:Want a Brazilian dollars? Ask Google. by Mister+Whirly · · Score: 1

      Damn submit instead of preview button... That should read "tripled" and not "tirpled"...

      --
      "But this one goes to 11!"
  93. Bad Counterargument by abb3w · · Score: 1

    The music is not illegal in the US, where as Hash is

    While the music itself isn't per se illegal, improper importation looks to be a distinct offense, defined in 17 USC 602. I'm not sure whether part (a) or (b) governs, since the language gets a little obscure without more (complex ( (mathematical) expression-styled) ) use of parentheses.

    IANAL. HAND. FOAD. YABA.

    --
    //Information does not want to be free; it wants to breed.
    1. Re:Bad Counterargument by Darth · · Score: 3, Interesting

      (i am not a lawyer either but...)

      b) just says that if the copy was made illegally at the point of origin, it is considered illegal when imported into the United States. (i.e. chinese bootlegs)

      a) clearly states an exception for importation for personal use. If it is legal in the country of origin and you are importing it for personal use, it is legal.

      In this case, the mp3s are legal under Russian law, so importing them for personal use is not illegal. I think the point of contention is whether they are being imported into the U.S., or distributed for sale in the U.S.

      In my opinion, since the sale occurs on a server in russia, it is sold in russia and then imported. that would make it legal for them to sell and legal for you to buy.

      And before anyone attacks me...I've never bought anything from allofmp3.com and have no interest in doing so. I like to own the cd.

      --
      Darth --
      Nil Mortifi, Sine Lucre
    2. Re:Bad Counterargument by OverlordQ · · Score: 1

      In this case, the mp3s are legal under Russian law, so importing them for personal use is not illegal. I think the point of contention is whether they are being imported into the U.S., or distributed for sale in the U.S.

      You can't import intangible things like bits when you download from their server. If you bought a physical CD from them, and they mail it to you, that would be importing. Downloading bits, falls under reproduction.

      --
      Your hair look like poop, Bob! - Wanker.
    3. Re:Bad Counterargument by abb3w · · Score: 1

      You can't import intangible things like bits when you download from their server.

      I'm not sure I agree with you, if there is a commercial exchange (IE: money or tangible goods) taking place. I'm also fairly certain that the current Federal executive administration disagrees, since IIR in one of the warrantless wiretap cases it was argued that a border search of bits (including voice transmissions between a citizen and non-citizen) were inherently reasonable. Alas, I can't find the particular document at the moment, and it may have only been in the commentary on legal scholar blogs.

      --
      //Information does not want to be free; it wants to breed.
    4. Re:Bad Counterargument by Darth · · Score: 1

      That's a good point. When I wrote that, it was late and i didnt consider if my post's parent's reference to the import portion of copyright law was even appropriate.

      Even as reproduction, it is still a legal copy since you are allow to make personal copies of legally purchased music.

      (i know you werent arguing against the legality of the mp3s; just the applicability of the import section of the copyright code)

      --
      Darth --
      Nil Mortifi, Sine Lucre
  94. Legitimatedissagreement != Astroturfing by maggard · · Score: 1

    Wikipedia has a fairly good definition ofAstroturfing:

    In politics and advertising, the term astroturfing describes formal public relations (PR) campaigns which seek to create the impression of being a spontaneous, grassroots behavior. Hence the reference to the "AstroTurf" (artificial grass) is a metaphor to indicate "fake grassroots" support.

    Note the part "formal public relations (PR) campaigns". That doesn't mean "everyone of a dissenting viewpoint", it's about organized, covert attempts at manipulating opinion by distorting open discussion with an explicit unacknowledged agenda.

    A buncha folks with a different opinion, including those with the same different opinion, are not automatically Astroturfing. They may be (in your opinion) misguided, they may be (in your opinion) misinformed, they may even being quoting (in your opinion) propaganda, but unless you've real reason to suspect more sinister motives then mere difference of opinion don't go crying "Astroturfing!" at every sign of opposition.

    Do the RIAA/MPAA/et al engage in underhanded covert public relations? Sure. I've no doubt they've got their hands in as many front groups as they do in their publicly acknowledged relationships. And they've never shied away from hiring folks to lobby on their behalf, in Washington or in public discourse.

    But let's keep some perspective: Slashdot, as high visibility as it is amongst a certain set, is not where they're going to be hiring a buncha paid mouthpieces to burp up poorly articulated postings. I'm not saying it couldn't ever happen, but there's no good evidence of such and certain folks trying to netcop by shouting down every dissenting opinion is as harmful as any possible Astroturfing.

    So, until you've got some persuasive evidence that there is more then the usual level of dissent, unoriginal argument, poorly understood implications, and simple bloody mindedness please don't go trying to shut down folks with "Aftroturfer!" ad hominem attacks. Anyone who plays such intellectually dishonest games should be immediately modded down into oblivion.

    --
    I don't read ACs: If a post isn't worth so much as a nom de plume to its author then I wont bother either.
  95. A boy named Sue, or Get Sued? by tepples · · Score: 1

    All they need to do is make it out to CASH.
    Let's see the RIAA try to find a bank that wont laugh in their face when they try and collect. O RLY?
  96. Humpty Dumpty had a great fall by HangingChad · · Score: 2, Interesting

    This points out one of the problems with an economy based on brain share products. Valuation. You may be able to get a dollar for it in the US but only a penny in Russia. How are you ever going to enforce valuation in another economy when the product doesn't have intrinsic value based on hard assets? It's insane to even try, but insanity doesn't stop the recording industry.

    Companies can get away with it here because our Congress is corrupt and we're wealthy. It doesn't bother us to spend 10 bucks on a CD, but that's a week's pay in some places. Same principle applies to movies, software and most entertainment products.

    The day will come when one of these countries we're into for a couple hundred billion in trade deficit, maybe a country that provides most of our manufacturing is going to call bullshit.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  97. How about this? by Travoltus · · Score: 2, Insightful

    Neither pirate nor purchase RIAA music.

    --
    --- Grow a pair, liberals... stop letting the Republicans bully you!
  98. Consumer = criminal by woolio · · Score: 1

    On the other hand, when U.S. consumers take advantage of consumer-friendly copyright laws overseas, they're criminals.

    I think the RIAA would agree.

    Try purchasing a legally-made DVD in country "X" and try playing it in country "Y". Region codes will prevent this. So you are left with two choices:

    1) Violate the DMCA and play it using some workaround/hack.
    2) Purchase another copy...

    Its bad enough to "accept" that "ownership" of a "DVD" is only a "license" to view the DVD... I find that unacceptable and further find it completely nonsensical that I cannot even exercise the *license* if I move from "A" to "B" to "C".

    Despite hundreds of years of "democracy", I'm starting to wonder if we have re-entered feudal times in terms of access to the "arts".

  99. IANAL by anomaly · · Score: 1

    Ok - so I mis-spoke. The distinction (for lawyers) is significant when I use the word license to mean "right to copy." It's an error, and I understand your response.

    However, my understanding of copyright law is that I have the legal right to produce archival copies for personal use in the event that my original media is destroyed. In the case of the original post (to which I replied) the situation was that the person whose media was destroyed during Katrina had failed to make an archival copy of his media, and felt it was acceptable to download copies of the music he paid for originally. I suppose he considers it a retroactive archival copy. I'd suggest that this is not in the letter of the law, but may be within the spirit of the law.

    Your quote about "No...rights to.. reproduce additional copies" may be inaccurate. I believe that the Audio Home Recording Act of 1992 allows unlimited personal copies of music. As I said, IANAL, so you might want to check with one before making any copies of anything. :)

    --
    But Herr Heisenberg, how does the electron know when I'm looking?
  100. Re:"Laws" in russia? by Sj0 · · Score: 1

    You know, back in my first year of college, I used to get dinged for units a lot. Then I realized that the world made more sense once you started thinking in terms of units.

    [number of powerful weapons] != [money spent]/[number of people] != [quality of life]

    To put it into plain words, big guns and bombs don't make for economic development and they don't make for a high quality of life. All big guns and bombs do is kill people, and in the era of communism when they were built, they suck away even more of an already weak economy, causing famines that killed thousands, or millions.

    --
    It's been a long time.
  101. Re:"Laws" in russia? by OptimizedPrime · · Score: 1

    Since they are, by definition, second world, you really can't call them third world. Well, technically they aren't second world anymore... http://en.wikipedia.org/wiki/Second_World 3rd world, 1st world and second world are actually political terms, it just happens that most non-democratic, non-communist countries were poor, so it got mixed up in most people's minds.

  102. $1.65 trillion by Rob+the+Bold · · Score: 4, Funny

    They've gone from regular villainy to cartoonish super-villainy.

    --
    I am not a crackpot.
  103. Thank you. by Anonymous+McCartneyf · · Score: 1

    Thank you for the correction. Everyone speaks in terms of licenses, and so I was thinking in terms of them. Good to know that it's solid law the RIAA is exploiting to its own ends.
    Unfortunately, it's a lot harder to revoke a law than a license...

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
  104. Re:"Laws" in russia? by Sj0 · · Score: 1

    The demographics the Republican party has aimed at have shifted dramatically over time. Lincon freed the slaves and lead the north to victory. Bush tried to get an anti-gay constitutional amendment passed to please his core demographic in the south. No, I'm not making a value judgment about whether people from one area or another are more moral or just or intelligent or whatever assertion might be inferred from that statement, it's just a pair of facts which, as long as they're true, serve to illustrate my initial conclusion. As a result of the demographic shift over time, I think the core values the party claims to have (and tries to demonstrate in their public media image) to get themselves elected have also changed.

    The best thing to do is to realize that anyone trying to pigeon-hole you into a label like that is trying to use you. Myself, I have this lovely thing I call a brain. It's a large thing, it's sort of a pain because I always need to find a helmet before I get on a motorcycle because it gets all cranky if something hits my head too hard, and sometimes it gets me into trouble, and sometimes it even makes people dislike me because I have put thought into something and come to a conclusion they don't like or don't agree with, but it has this amazing ability: It allows me to look at a situation, and not only decide which side of an issue I'm on, it allows me to decide that both sides are full of shit and there's a more logical conclusion, or even that something being argued isn't worth arguing or giving thought to in the first place.

    I know it's kind of a tangent from what you were talking about, but I get frustrated every time I see people trying to make distinctions between the subgroups of some group or another they're claiming affiliation with. You're not a small R republican or a small C conservative, you're a human with a brain.

    Probably.

    --
    It's been a long time.
  105. Wow by bigsam411 · · Score: 1
    RIAA Goes for the Max for AllofMP3

    I did not think the RIAA would go and buy the max amount of music on AllofMp3 that they could. Supporting them is the last thing I thought they would do.

    Oh wait......

  106. Go ask google by LordEd · · Score: 1

    I asked Google and it said 10 trillion rubles is 379.859832 billion U.S. dollars.

  107. Obligatory, but Nessecary. by -Brodalco- · · Score: 2, Funny

    In America, you can always find the lunacy of the RIAA! In Soviet Russia, the lunacy of the RIAA can find YOU!

    --
    I regret spilling a glass of ginger ale on an achritect!
  108. For all you haters out there by guruevi · · Score: 1

    I hate paying for music when the money doesn't get to the artists, I hate IP laws, RIAA, Microsoft, DRM and everything that is around it.

    That's why I'm using free software and not ever buying music from record companies again. iTunes is a great choice, because it has the right price for commercial music, but the DRM invoked to keep the RIAA semi-happy is not for me. If it weren't for the RIAA, Steve Jobs would probably not consider putting up with the arbitrary DRM. But anyway, I'm not even paying a dime to Apple for my music.

    My solution is the indie movement. Yes there are hundreds if not thousands of artists out there that make their buck selling music, cd's and more straight off their websites, getting known all over the world and even making movies shown on major movie events as we speak with a budget of a few thousand dollars. They get their advertisements through their podcasts and while they might not earn a million dollars each year, they get by making an honest living, either full or part time, spinning tracks for clubs, having shows in their local environment or even being a store clerk or your average sysadmin.

    Give those people a chance, listen to their podcasts and buy their stuff if you like them. They get the full benefit of your contribution minus the costs they make off course but they don't have to get by on 4,5c/download while the rest of the industry is making the rest of your dollar. I'm at the moment listening to someone's podcast and it's mighty good, much better than any commercial music I heard in the same genre. Some do indeed have recording agents and some middleman but usually they get a better deal than another 'known' recording studio like Sony, BMG, ...

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  109. BMI alone controls 6.5 works by tepples · · Score: 1

    Cause i find it hard to believe the riaa hass 11 million works.

    BMI, an organization representing music publishers, controls performance licensing for at least 6.5 million musical works. ASCAP and SESAC control performance licensing for millions of other works but don't appear to advertise the number. Works can be recorded more than once, and many recordings are of pre-1923 works that aren't counted in any U.S. copyright repertory because they don't have a U.S. copyright anymore. Therefore, 11 million works doesn't sound too off-the-wall.

    1. Re:BMI alone controls 6.5 works by Bob+of+Dole · · Score: 1

      Except that means that AllOfMp3 would have to have something like 33 terabytes of storage, which I rather doubt they do. They weren't making THAT much money.
      Anyway, the summary (Not even the article!) calls it downloads.

    2. Re:BMI alone controls 6.5 works by Cederic · · Score: 1


      http://shop.sun.com/is-bin/INTERSHOP.enfinity/WFS/ Sun_NorthAmerica-Sun_Store_US-Site/en_US/-/USD/Vie wStandardCatalog-Browse?CategoryName=Sun_StorageTe k_6540&CategoryDomainName=Sun_NorthAmerica-Sun_Sto re_US-SunCatalog

      32 terabytes (ish) for $160k. That's list price, and that's Sun hardware. You could definitely get it much much cheaper (I just couldn't be bothered to seek it out).

      Storage is pretty cheap these days.

  110. Pipe organs? by tepples · · Score: 1

    Holy crap, no laws?!? WTB organs, PST. Leaving for Russia as soon as the organs arrive. Is it really illegal to sell organs somewhere in the developed world?
  111. Media companies are pretty much screwed by Flipao · · Score: 1

    The methods of distribution have changed, costs have dropped and they still want us to pay the same insane prices we've been putting up with for years. Regardless of whether the artists make any money or not (they seem to be doing pretty good for themselves don't they?) out of a download, the only place I've felt I was paying a fair price for a song was in allofmp3. I don't see why I can pick a game out of a bargain bin for 5 bucks after a year or two yet a 30 year album will never really drop in price. And of course, after seing just how just evil, mean and greedy the RIAA guys are, there's no chance in hell I will ever pay for an album again... I'd rather see a singer starve than feed those fat bastards ever again.

  112. AllofMP3 forgot to add... by The+Nipponese · · Score: 1

    P.S.

    Fuck off.

  113. Nice try, but wrong... by Anonymous Coward · · Score: 0

    That's what insurance is for. You lost something you bought and you have no right to steal back another copy. When you buy something it is your responsibility to insure that it is protected. There's no "free replacement" right.

  114. RIAA sues Russian Company for 2x Russia's GDP by popo · · Score: 1

    ...Just another way of looking at it.

    Now either Russia doesn't have a very big GDP (the world's 14th largest) ... or those penalties are a wee bit silly.

    One more indication that the underlying problem here is an overvaluation of
    intellectual property.

    --
    ------ The best brain training is now totally free : )
  115. 11,000,000 mp3s only???? by brxndxn · · Score: 1

    There's got to be WAYYY more than 11,000,000 downloads from allofmp3.com. At ~5 cents each, that's only $550,000 revenue.. That's ridiculous..

    I'd say the site would have more like 100,000,000 downloads.. giving it $5million.. Eh, even that seems pretty low for such a popular website. Google farts and makes that much.

    But anyway.. 100,000,000 * $150,000 per song.. $15,000,000,000,000. Maybe the RIAA plans to pay off the US National debt?

    --
    --- We need more Ron Paul!
    1. Re:11,000,000 mp3s only???? by 91degrees · · Score: 1

      I thought the $150 000 was per title infringed rather than per copy. Surely AllOfMp3 doesn't have that many songs available.

      And the $150000 is a maximum. I doubt the court would consider this "just" if it meant AllOfMp3 had to pay more the country's GDP.

  116. Proving copyright damage amounts are illegitimate by dircha · · Score: 3, Insightful

    They are, as explicitly stated by law, NOT limited to actual damages, NOT limited to actual number of infringing copies, NOT even a function of actual damages.

    The law is completely absurd, and this case proves it. Who in their right mind could support this?

    This is absurd on the level of sentencing someone to death for stealing a candy bar from a convenience store.

    Just societies are founded on the principle of proportionality of punishment: the punishment must fit the crime.

    The RIAA doesn't dare sue for the full amount against U.S. citizens, because they know that the day a college student is fined a billion dollars for sharing mp3s, is the day that this law is overturned.

    No sane person would tolerate this, one hopes.

  117. Bold move, RIAA: by the_REAL_sam · · Score: 1

    Matthew 7:2
    For with what judgment ye judge, ye shall be judged: and with what measure ye mete, it shall be measured to you again.

    --
    "Forgive us our trespasses, as we forgive those who trespass against us." -Jesus Christ The Lord's Prayer
  118. Lawyers never heard of Pontius Pilate by Anonymous Coward · · Score: 0

    Someone has a problem. They think there may be a legal solution. They come to us. We tell them what can be done on the legal front.

    So you have no moral standing of your own at all? You can never say No when $$$ are flashed before your eyes?

    It doesn't matter who asks you for help, they're all equal in your eyes, and you will do your best to help, regardless? You would be happy to assist the mafia or terrorist organizations, as long as it's by legal means? You believe you are not at all tainted by your client's activities, regardless of what they may be?

    Well, let me tell you something, because clearly your intellectual capacity does not permit you to see it for yourself.

    Your work as a lawyer FACILITATES those abhorrent activities funded by the music industry, and without the lawyers they would not be happening. So, you are DIRECTLY implicated in these RIAA actions. Wash your hands you cannot.

    It just belies belief that a lawyer can be so blinkered.

    1. Re:Lawyers never heard of Pontius Pilate by nomadic · · Score: 1

      So you have no moral standing of your own at all? You can never say No when $$$ are flashed before your eyes?

      Of course we can say no. We say no all the time.

      You would be happy to assist the mafia or terrorist organizations, as long as it's by legal means?

      If they needed criminal defense, damn straight I'd be willing to help them. Facilitating their activities? Of course not, that's immoral, unethical, and against both the law and the rules governing lawyers.

      Your work as a lawyer FACILITATES those abhorrent activities funded by the music industry, and without the lawyers they would not be happening. So, you are DIRECTLY implicated in these RIAA actions. Wash your hands you cannot.

      Nope, never represented the RIAA.

  119. Re:"Laws" in russia? by mackyrae · · Score: 1

    Well, given that the number of the world is determined by your part in the Cold War, Russia cannot be third world. The US and everyone who sided with the US was the First World. Russia and their supporters were the Second World. Everyone the two countries fought over and tried to recruit was the Third World.

    --
    look! it's a bird, it's a plane, it's....a girl? yes, a girl browsing Slashdot on Linux
  120. Steal a car, get probation; infringe (C) get 7 yrs by Anonymous Coward · · Score: 0

    Steal a car, get probation; infringe on an RIAA published works and get seven years. I'd rather steal your Yugo!

  121. iTunes? CDs! by Anonymous Coward · · Score: 0

    Just wondering: why do you download crippled, lossily encoded music from iTunes (and with the not-too-large selection they have), when you could get a perfectly good CD, including booklet, backup, ability to play in your car radio for maybe even less than the iTunes price (say, Amazon)?

    Sure, it takes a couple of days, but quality is much better, and it will play on any music player in the next 20 years (cause you can rip it to any music format), and people should learn about being able to wait, too. I don't think it's good to teach your kid to get his fix any second he wants to.

  122. Why they were sued in new york by Anonymous Coward · · Score: 0


    Money travels through New York, all of mp3 can completely ignore any legal action, but if a ruling is decided upon, then any assets in new york can be frozen. This causes a sort of embargo on the company since almost every penny goes through new york at some point or another. Them deciding to ignore the action does not mean that this action will not financially cripple them.




    The next best place to sue someone is zurich, but often there the banks won't even know enough to be able to freeze an account.




    Although suing someone like thepiratebay.org for example in New York does shit all, because it's just copyright violation and they aren't in it for the money.

  123. Hey, didn't russia agreed to close AllOfMP3 ? by Janek+Kozicki · · Score: 1
    --
    #
    #\ @ ? Colonize Mars
    #
  124. Record labels ripping off their artists by zoeblade · · Score: 1

    That's the music industry for you. Also note this little scam they have going, information courtesy of All You Need to Know About the Music Business:

    Royalties are only paid for each record sold. Rather than sell a hundred records to a shop for 85c each, the record label can sell eighty-five records for $1 each and give them the last fifteen for free. While this makes absolutely no difference in reality, it means the artist is only paid royalties for eighty-five records rather than the full hundred. These are called phoney free goods and about half of the record companies engage in this practice.

  125. 1.65 trillion reasons why by Anonymous Coward · · Score: 0

    Why would Putin accede to the WIPO/WTO if doing so meant he had to render a Russian firm liable to 1.56 trillion dollars?

    Would he instead say "well, according to the Berne convention and Russian implementation thereof, we are completely in compliance with copyrights and AllofMP3 is in complete accordance with these laws".

    Alternatively, are Adobe Ebooks still uncrackable? Maybe a 2 trillion dollar lawsuit for selling a defective product and coercive interference in Russian internal procedures would be in order...

    Note also that the US seems to be ignoring WTO and internal laws regarding online betting and working to make lawful this breach. Being part of the WTO doesn't seem to be a detriment for saying "fuck you" to other sovereign countries.

  126. In Soviet Russia... by Zaatxe · · Score: 1

    In Soviet Russia $1.65 TRILLION sues RIAA for AllOfMP3! No, wait...
    In Soviet Russia RIAA sues YOU for $1.65 TRILLION! Nope, not good yet...
    In Soviet Russia AllOfMP3 $1.65 TRILLION you! (Oh, my...)
    In Soviet Russia... oh, nevermind... I think I will never make a good "in Soviet Russia" joke...

    --
    So say we all
  127. Re:"Laws" in russia? by zero_offset · · Score: 1

    I get frustrated every time I see people trying to make distinctions between the subgroups of some group or another they're claiming affiliation with.

    Hmm...

    to please his core demographic in the south

    It would appear you have no objections when any such distinctions originate from your own brain.

    --

    Slashdot quality declines as the number of hot grits posts decreases. - Provolt's Law, Apr-09-2005

  128. GDP does NOT equal net PROFIT!!! geeez by cheekyboy · · Score: 1

    For christs sake, wont people learn and get a brain cell these days.

    If ONE drug dealer sells $10 worth of drugs to an addict, then that dealer pays two addicts $5 each to wash his car, then they later
    buy $5 each of drugs, thats equal to $30 GDP from the same $10.

    All total sales from 10000000s of companies != total dollars in circulation (go check your M1/M2 money supply)
    http://internationalecon.com/v1.0/Finance/ch40/F40 -4.html

    http://www.federalreserve.gov/Releases/h6/hist/h6h ist1.txt

    The same one dollar can go back and forth lots of times, (possibly max 10-15 times before tax eats it into zero)

    Theres the truth, TAXES are not there for the government to spend (they can borrow it), but its there to control inflation which the
    central banks create, as they make all the money and are not owned by the governments.

    Its like two mafias, one makes all the counterfeits, the other 'collects fees' for letting it happen.

    If you make too many fakes, the taxes go up.

    --
    Liberty freedom are no1, not dicks in suits.
    1. Re:GDP does NOT equal net PROFIT!!! geeez by Odiumjunkie · · Score: 1
      Your post is innacurate in most details.

      For christs sake, wont people learn and get a brain cell these days. If ONE drug dealer sells $10 worth of drugs to an addict, then that dealer pays two addicts $5 each to wash his car, then they later buy $5 each of drugs, thats equal to $30 GDP from the same $10. All total sales from 10000000s of companies != total dollars in circulation (go check your M1/M2 money supply)
      GDP is theoretically equal to the value of the output (Y) of an economy, i.e., the total value of all goods and services created by firms in that economy. For simplicity's sake, let's ignore things like trade balance and so forth, and assume a small closed economy. GDP is therefor PY, or price times output. The price of every good or service times the quantity of each good or services produced.

      GDP measures only final value transactions - that is, firms-to-households and firms-to-government transactions. Firm-to-firm transactions are not counted in an attempt to not measure the value of goods and services twice.

      The force of money "being spent more than once" that you discuss is known as Velocity (V) and is a vitally important economic concept. Velocity measures the number of transactions a unit of currency is used for in a given period of time. As velocity changes, the practical amount of money in an economy changes. In fact, in econmic terms PY = MV. Or in other words, price times output (aka GDP) is equal to money times velocity. So, you can see, velocity is hugely important - as velocity increases, more transactions are taking place, in some situations as a result of more goods and services being produced.

      In other words, $1 being spend fifteen times really is like $15 being spend once. In terms of money as a unit of account, it's identical, as the value of goods and servies produced that the money represents is identical.

      Theres the truth, TAXES are not there for the government to spend (they can borrow it), but its there to control inflation which the central banks create, as they make all the money and are not owned by the governments. Its like two mafias, one makes all the counterfeits, the other 'collects fees' for letting it happen. If you make too many fakes, the taxes go up.
      I'm not sure where you pulled this from. Taxes are precisely there for the government to spend. All taxes taken are either spent by government or invested. This is the primary purpose of taxes. Output = Consumption + Investment + Government Spending

      Taxes do not explicity affect inflation. Taxes do not reduce or increase the money supply. Governments or central banks typically alter the money supply and therefor inflation by either increasing the money supply (buying long-term bonds) or decreasing the money supply (selling long-term bonds).

      Also, in modern Western states, central banks almost never create inflation by printing money, except desired inflation. Inflation is caused by many various factors, notably consumer expectations and confidence, and arguably demand for money. Printing money is too clumsy a tool to be relied on heavily. Central banks are much more likely to use reserves to try to keep to a desired inflation level.
    2. Re:GDP does NOT equal net PROFIT!!! geeez by Shads · · Score: 1

      Shame on you, you scared him off. ;)

      --
      Shadus
  129. ONE song worth $150.000 now ? by unity100 · · Score: 1

    How come ?

  130. backup goes with the sale.... by cheekyboy · · Score: 1

    Listen, if you sell your original, give the guy the backup, dont keep the backup! All solved and everyone is happy.

    In a real world where real objects can be lost or stolen or destroyed, backups are NEEDED!

    Ripping your CDs to your ipod is a backup, the original can be kept safe.

    But get over it, its just music. Not ground braking science patents.

    --
    Liberty freedom are no1, not dicks in suits.
  131. Support AllofMP3 by the80y · · Score: 1

    I hope that when people see these ridiculous strong arm tactics of the RIAA to influence foreign governments, and to waste peoples time with frivolous lawsuits, that it does not discourage you from supporting a good, legal service for downloading music. Every time you see news like this you should pop another $10 on AllofMP3.com account and get yourself a couple albums.

  132. Do they get taxed for punative? by cheekyboy · · Score: 1

    So this is why they award a large punative amount so the government then benefits from the 45% tax collected.

    "justice was served", but the govt financially benefited from the crime..... how ironic.

    --
    Liberty freedom are no1, not dicks in suits.
  133. I repeat... by Overzeetop · · Score: 1

    If you don't want it published, don't make it.

    For the "what about surruptitious photos/video" crowd - the cat's already out of the bag. Have you never browsed in the alt.binaries.* heirarchy?

    --
    Is it just my observation, or are there way too many stupid people in the world?
  134. Grey imports by oliverthered · · Score: 1

    I think a grey import analogy would be better, after all the credit card transactions etc.. all happen in Russia.

    --
    thank God the internet isn't a human right.
  135. A justification for not paying at all? by Anonymous Coward · · Score: 0

    All this argument has done is made me feel that I'm doing the right thing by NOT paying for music. At least my money isn't going to a corrupt and evil organisation (RIAA or the Russian Mafia).

  136. I claim the Bush principle of pre-emption ... by Anonymous Coward · · Score: 0

    The RIAA were going to invade my country, and were within 45 minutes of developing a nuclear device.

    Or they had not complied completely with one of the UN directives ....

    Or ... they are really nasty people who every right-minded citizen agrees ought to be removed...

    And they were responsible for the WTC attack.

    So it's all right to murder them.

    Besides, if I say so, that makes it legal, due to national security considerations which you aren't cleared to know about.

    This is what passes for current US/UK law and foreign policy at the moment. I'd say that killing a few shysters who are trying to keep an outdated repressive monopoly going might be one of the few ways you could justify it.

  137. Precisely by goldcd · · Score: 1

    the closest comparison I can think of is somebody looks at your car, builds one for themselves and Ford is pissed off as it looks like the one they designed.

  138. Contracts, connections, other countries... by Marnhinn · · Score: 1

    You forget that there is a lot more in D.C. than legislation (very few bills are passed each year). Another major thing most lobbying groups work on is government contracts w/ the various agencies. When it comes to contracts - money does talk, and a lot more frequently than legislation, since they are not usually scrutinized that much.

    There are other issues as well, such as foreign governments and making connections w/ other people in your industry. Lobbying isn't solely about getting laws passed for you.

    --
    There is always a frontier where there is an open and willing mind
  139. What are those reasons? by Anonymous Coward · · Score: 0

    "But what I'm doing is explaining to him why leagally obtaining music is the right thing to do."

    What are those reasons? Just so we, uh, can fully understand them as well...

  140. Ummm... I'm still skeptical... by Marnhinn · · Score: 1

    100k - you've got to be kidding yourself. Hillary Clinton has dinners were the attendance fee is half that. Unless you're from a small state, I seriously doubt that would get you face time. As for the million, I stand my my previous comment - unless you are from their state, I doubt they'd meet w/ you (although they would take the money).

    You've also got to remember there are rather strict ethics rules. Staff are limited to somewhere in the neighborhood of $50 gifts (which means lunch at most). (Note: I'm not saying those ethics rules are always followed... but they are there).

    If you want to meet w/ your elected representative, contact them when session is out. Most are in their home states - and usually host town hall / county meetings or like. Show up - and pay them a visit.

    I wrote some journals on this - here and here.

    --
    There is always a frontier where there is an open and willing mind
  141. RIAA's final demand by Hoi+Polloi · · Score: 1

    "I dare you!"

    "I dog dare you!"

    "I triple dog dare you!"

    --
    It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
  142. No but I did copy the design by Anonymous Coward · · Score: 0

    Nah, I didn't steal my neighbors house, but I did make my house of the same design as his and as mine was before. He still has his house. The architect of our houses still got paid (just not twice).

    So what is your problem, that the architect didn't get a repeat fee for the same work?

  143. Hybris by Anonymous Coward · · Score: 0


    Right or wrong, this is American hybris at its best, thinking they can summon any one person, company or even country to their own courts, paying them a fantasy sum of money.

  144. Scenarios to show you are wrong for the 100,001st by Anonymous Coward · · Score: 0

    a)Go to the UK. Buy a CD. Go back to the USA. Legal copy.
    b) Go to France, buy a track from iTunes. Go back to the USA. Legal copy.
    c) Go to India, buy a track from iTunes. Go back to the USA. Transfer to another computer. Legal copy.
    d) Go to Brazil, buy a track from iTunes. Burn to CD. Go back to the USA. Legal copy.

    And variations on a theme thereof.

    How is this different from

    y) Go to Russia, buy a track from allofmp3. Go back to USA. Legal copy.
    and how is that any different from
    z) Get a computer in Russia to make a copy of a track from allofmp3, sell you that track and you copy that one incidence to the USA and the russian copy sold deleted.

    The copy made to your computer in the US is allowed by the licensed distributor and is an inherent requirement to get the product you bought to you, the customer. Copies necessary to the operation of a copyrighted work sold is not a copyright violation. It is why a memory copy of a program isn't violating if you have a license. It is why your DVD player can keep copies of the A-frames and add the I-frames (creating a derivative work of the A-frame) yet is not a copyright infringement. If they were banned, then you did not buy anything and so you can sue the seller for selling goods not fit for the purpose.

  145. Why? by Vadim+Makarov · · Score: 1

    After reading the entire thread, can someone please explain me if there is any point of filing this lawsuit besides continuing getting publicity to RIAA's case?

    --
    17779 eligible voters in a district, 17779 'vote' as one. This is Russia.
  146. Do the ma+h by tepples · · Score: 1

    You asked for a citation for the assertion that the recording artists don't get paid. The problem is that the record labels deduct so much from royalties that the artists often get little or nothing of the revenue from record sales. Here are Steve Albini's take and Courtney Love's take.

  147. Re:Screw your mom by thatroom · · Score: 1

    so that would mean that if I bought a legitimate CD IN Russia, i would then, after bringing it into the US, pay the MSRP of the same item, just to make sure I was lining the right pockets the right amount of money?

  148. You miss the point by Anonymous Coward · · Score: 0

    The RIAA isn't concerned about your downloading Britney; she's on the radio. You can sample her stuff off the radio, legally (in the US at least), at far better quality than the highest quality MP3 or WMA.

    The RIAA wants to kill P2P (actually, the entire internet but even they aren't retarded enough to believe it possible) to keep you from discovering indie music.

    It's not the RIAA's music the RIAA doesn't want you downloading, it's their competitor's music. The RIAA has empty-v and radio, the indies only have myspace and P2P. Killing P2P kills the competetion.

    Get a P2P client that you can download into a non-shared folder, DL less than the maximum the NOTA allows, and you're legal. You have the added benefit of finding some quality indie music while searching for RIAA dreck.

  149. Di-a-RIAA by Anonymous Coward · · Score: 0

    Economists Michele Boldrin and David K. Levine detail the rent-seeking behavior of those frightful miscreants, the RIAA, in their book Against Intellectual Monopoly. Slash-dotters should be pleased to see economic and game theoretical arguments levelled against copyright and intellectual property.

    I was going to elaborate on this in some detail, but on consideration of the chutzpah of this legal action by the RIAA, I find myself agreeing with posters that the RIAA should sip a Polonium spiked tea.

    Weird Al Yankovic's Don't Download This Song is amusing, though he understates the social and economic evil of the RIAA. These people are the scum of the earth.

  150. Sony is a piece of the RIAA by ancient_kings · · Score: 0

    RIAA=shit; therefore, Sony is a piece of shit. QED. Boycott PS3. Period.

  151. SO I can by www.sorehands.com · · Score: 1

    Given what you say, when I buy a CD with music on it, or a DVD with movies on it, I can:

    Open a club and play the music/movies for the audience.
    Open a radio/TV station and broadcast the music/movies.

    1. Re:SO I can by cpt+kangarooski · · Score: 1

      Sort of. Those are both public performances, and the law prohibits them in most cases, so for that, you'd generally need a license. Getting one wouldn't really matter on the origin of the media, though. Then again, these are hardly consumer behaviors, so I don't think it conflicts much with my earlier post.

      --
      -- 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.
  152. Are US judges all insane or do they accept this? by fantomas · · Score: 1

    1.65 Trillion dollars. Hmmm. To misquote Asterix, "these Americans are crazy".

    What happens when this kind of call for money hits the US legal system? don't judges just give the prosecuting lawyers a hard stare and say "don't be silly, come back tomorrow with a sensible figure" ?

    Over the other side of the pond we hear now and again about people sueing for stupid money, ooh, a million dollars when they twist their ankles on a broken paving stone or spilling hot coffee down themselves. Don't USian judges just turn round and offer sensible amounts ("so you've damaged your ankle on that broken paving slab and you'll be off work for two weeks, ok you earn 2000 dollars a month so how about we say 1000 dollars to you and another fine of 500 dollars to the local city council to make them pay for somebody to come out and fix that sidewalk"). Or is it just the first round of hyper-inflated horse trading Monty Python style?

  153. Re:How excessive. CIA FAct Book Info... by BigGar' · · Score: 1

    From the CIA Fact Book:
    Russia's GDP 2005 (Est.)$1.58 trillion if you compare purchasing power...
    $740 billion if you go with the exchange rate:
    CIA Fact Book

    --


    Shop smart, Shop S-Mart.
  154. The hypocracy of an Argument by GodInHell · · Score: 1

    Now, finally, imagine exactly the same thing, except that AllOfMP3.com just happens to be storing the file for you instead of you doing it for yourself (note: it's still your file, because you bought it). How is that any different? It's not, therefore it would still be absurd for it to be illegal! Yes, no imagine I bought 50 lbs of good high quality sticky weed in Amsterdam (where it's legal), then I transfer that LEGAL product to the U.S. where it's illegal.. is it absurd that they arrest me?

    What about counterfit bills which can be legally produced outside the U.S. and brought in. What if the foreign state (sea land) dosen't recognize copyright and you download 10,000 songs.. is it then still legal to bring these otherwise LEGAL and LEGITIMATE products in the region you aquired them wherever you want?

    I don't think the RIAA's argument is absurd. It's a cop-out to try to dismiss it as such. There are significant legal issues involved, not the least of which is the questionable power invested in the Russian agency which negotiated with AllofMp3 to create an agreement which is binding on U.S. companies.

    Those who want to blast the U.S. courts for daring to seek power over a foreign country may want to check with their ideologue about the blantant hypocracy inherent in an argument that demands that the RIAA members submit to Russian authority to govern the WORLD WIDE distribution of their copyrighted material, but denies them a court in which to challenge the deal.

    -GiH
    1. Re:The hypocracy of an Argument by chefren · · Score: 1

      imagine I bought 50 lbs of good high quality sticky weed in Amsterdam (where it's legal), then I transfer that LEGAL product to the U.S. where it's illegal.. is it absurd that they arrest me?

      Is owning music illegal in the U.S.?

    2. Re:The hypocracy of an Argument by GodInHell · · Score: 1

      Is owning music illegal in the U.S.? Did you RTFC?

      What if the foreign state (sea land) dosen't recognize copyright and you download 10,000 songs.. is it then still legal to bring these otherwise LEGAL and LEGITIMATE products in the region you aquired them wherever you want? I don't think the RIAA's argument is absurd. It's a cop-out to try to dismiss it as such. There are significant legal issues involved, not the least of which is the questionable power invested in the Russian agency which negotiated with AllofMp3 to create an agreement which is binding on U.S. companies. Owning music is fine, possesing stolen music tracks, or making copies of stolen music, is not.

      -GiH
    3. Re:The hypocracy of an Argument by mrchaotica · · Score: 1
      Owning music is fine, possesing stolen music tracks, or making copies of stolen music, is not.

      The point which you obstinantly seem to be refusing to grasp is that the music is NOT "stolen!" It's not even copyright-infringed. It's ENTIRELY LEGAL.

      Weed is not an appropriate analogy, because it's illegal in the US. Music, as the person you replied to mentioned, is not. What is a valid analogy in this case is going to Hong Kong or somewhere and buying cheap CDs or DVDs and bringing them home with you. Is that legal? After all, for all you know they're paying the appropriate organization in their country instead of the RIAA directly too. (note: I am not talking about copyright-infringed stuff; I'm talking about (for example) local-region DVDs that might be cheaper than the region 1 equivalent.) If what AllOfMP3 does is wrong, that must be too, so why is the RIAA going after one and not the other?

      --

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

    4. Re:The hypocracy of an Argument by chefren · · Score: 1

      Why make the obviously flawed drug analogy then?

    5. Re:The hypocracy of an Argument by GodInHell · · Score: 1

      Owning out of region media is not illegal, modding your player to play out of region media is.

      The music you download is legal IF AllofMP3's argument holds in court. Your argument is circular - first presuming the subject's innocence, then declaring innocence based on the innocent nature of the subject. Yes, if AllofMP3 has not broken the law by selling music in the united states for which it does not own the copyright - nor has it reached an agreement with the copyright holder - then there is no crime. However, since point of sale is considered "presence" within the united states, and since internet vendors who direct buisiness into the states are subject to our laws and our courts, AllofMp3's innocence is not assured.

      I'm not a RIAA fan, but I am a law student - AllofMP3 and it's customers were engaged in a dramatic dance that looks like a pretty blatant attempt to skirt U.S. laws. You buy music to a HD in Russia, because then the sale is in Russia? Sure.. try that argument in court. You can believe what you want - but the legal arguments here aren't cut and dry.

      -GiH

    6. Re:The hypocracy of an Argument by GodInHell · · Score: 1

      Why make the obviously flawed drug analogy then? It's a possesion charge, just like downloading music. Having a copy of copyrighted music is defacto illegal (just like pot). You required a license authorizing your possesion and use of copyrighted material in order to legally posses or use it (just like pot). Lacking the license, simple possesion (you have the material, you're guilty) is sufficient to prove the case (just like pot). There are much higher charges for distributing music than simple possesion (just like pot), and therefore the enforcing agency (here the copyright owner, in pot the government) tends to overlook simple possesion and focus on those who distribute (just like pot).

      So tell me.. how is it not an apt analogy oh great oracle of law?

      -GiH
  155. Re:Are US judges all insane or do they accept this by glesga_kiss · · Score: 1
    don't judges just give the prosecuting lawyers a hard stare and say "don't be silly, come back tomorrow with a sensible figure" ?

    Judges? Sensible? What zip code is the rock you are living under? ;-)

  156. Hopefully Allofmp3 is smart and ignores the suit by pappy97 · · Score: 1

    Hopefully Allofmp3 is smart and ignores the lawsuit in federal ct. in NY. After all, the federal court in NY has no personal jurisdiction (let alone subject matter jurisdiction!) over allof mp3.

    Allofmp3 should ignore the suit, I mean, why even consent to allow the federal court in NY determine if proper jurisdiction exists? Even if the RIAA, because of this, got a default judgment against allofmp3 in fed. ct in NY, it is worthless unless allofmp3 decides to open up shop in the US in which the judgment would all of a sudden become enforceable.

    If someone files a lawsuit against me in Malaysia, I wouldn't dare do anything BUT completely ignore it since the courts in Malaysia have no jurisdiction over me. They cannot compel me to court, and they cannot force me to pay up to the scumbag.

    I hope allofmp3 has good lawyers advising them of this.

  157. Why? by Anonymous Coward · · Score: 0

    > He is allowed to buy off of iTunes with prepaid cards, and cannot use bittorrent, or any other p2p.

    I can understand that you don't want him to commit copyright infringement, but why ban the legitimate uses of P2P as well as the illegitimate ones? That makes no sense.

    I mean, do you want him to go: "Oh, I'd like to download that Linux ISO, but they can't afford a huge bandwidth bill so they only make it available on bittorrent. Too bad I'm not allowed to use BT simply because pirates use it, too."

    I say this because too many clueless folks are overeager to throw out the baby with the bathwater, and BT is a great tool, no matter what you use it for.

  158. Judges change the awards. by GodInHell · · Score: 1

    What happens when this kind of call for money hits the US legal system? don't judges just give the prosecuting lawyers a hard stare and say "don't be silly, come back tomorrow with a sensible figure" It really depends on the source of the damages figure. In this case, the fine is statutory - supplied by U.S. Law.

    Normally damages come from some objective calculation of value (2 weeks of work costs me $5700 for instance), then you work in hospital bills (in the U.S. that's always more than it should be - but that's the healthcare system, not the lawyers) so we hit say... 6000 dollars for an x-ray, an ankle brace, and off work 2 weeks. Then, you add on punative damages. Punatives are recovery as punishment - it's about instructing municipal entities that leaving sidewalks in dangerous condition is bad. The Supreme Court has placed the limit for punatives around 2-3X the base damages - so here.. at most $18,000 + $6,000 = maybe $24,000. Jurries often exceed this - especially when the plaitiff is cute, fragile, or otherwise sympathy attracting. That's when the judge steps in and lowers the damages to within what is "reasonable" within our legal system.

    It's good to bear in mind that punative damages, and damage calculations generally are heavily policy driven - the ammounts in question are meant to shape the society we live in, not to simply reflect the cold facts of harm.

    -GiH
    1. Re:Judges change the awards. by fantomas · · Score: 1

      cheers for informative response! that sounds a lot more realistic to me. I'd guessed this side of the pond (the UK) we're only hearing the most crazy stories but good to hear more grounded info.

      I'd assume in the UK that hospital bills wouldn't be added in - we've got the National Health Service which means free health care for all (discussion about whether you consider this is up to quality elsewhere please, I've been pretty satisfied in my 40 years of knocks and breaks and an interesting tropical disease).

      Otherwise I guess it's similar: I've not actually ever pursued something through the courts. I once managed to damage my ankle on a paving slab in central London but I guess like most people decided that spending a tenner on some tubigrip bandages and aspirins was far simpler and less painful than trying to take the council to court, ending up loads of time and money out of pocket.

  159. Illegal? How? by Zontar_Thing_From_Ve · · Score: 1

    I'm not a big fan of the RIAA, but I'm also not a big fan of AllofMP3. Yes, it's legal in Russia (through a loophole in radio licensing they're trying to close), but not here in the US.

    Um, exactly how is it illegal in the US? Did Congress pass a law making it illegal? Did your state or local government? I'm not aware of any such laws. No, it's illegal because you, my friend, have sadly bought into the RIAA's position that it is illegal. Such a position may or may not hold up in court. As I have said before, care to guess why the RIAA has not sued American's for buying from AllOfMP3? It might just be because they don't want to try it out in court and have a precedent set that makes it legal to buy from AllOfMP3. The RIAA doesn't have to have the law on their side when people like you believe every word they say.

  160. Suing for a trillion dollars... by Assmasher · · Score: 1

    ...doesn't that serve to immediately suggest that the RIAA is seeking damages that clearly do not reflect even their most preposterous possible loss due to file sharing?

    I mean, has the music industry, over recorded history, even made a trillion dollars yet? Surely they can't accuse the site of such losses, then, right?

    --
    Loading...
  161. Obligatory by s1xwyre · · Score: 1

    In Soviet Russia, RIAA sues YOU! Oh...wait...

    --
    Mike
    Inverted Mind: Useless stuff to read when you should be working
    http://www.invertedmind.com/
  162. Isn't distribution either by Anonymous Coward · · Score: 0

    because the bits aren't the same ones as left Russia. So now that we've shown that you cannot read the black-and-white I'll go on to the real argument.

    In order to get ANYTHING from the internet, you must make a copy of it. The licensed distributor is allowed to make copies required to sell the copyrighted work. allofmp3 is licensed correctly. They sell you a copy (licensed) and send that copy to you (also not a copyright problem). If your reading were correct the internet would not work. Neither would DVD players, nor computers in general.

  163. Assumption of Risk by glrotate · · Score: 1

    If you don't want to be subject to US court jurisdiction, don't do business in the US.

  164. So easy to beat the RIAA by Anonymous Coward · · Score: 0

    I have AOL which has XM Radio who's quality is that of a CD. Using my software I record hours of this music (CD quality) and place it in my shared folder after using an MP3 splitter to edit and tag each song with the appropriate artist. The shared folder allows my wife or daughter when they're using their PC's to play any song they desire on my local area network. Attorney's with the right knowledge should be able to blow the RIAA away with that and force the RIAA to show evidence music was DL illegally. Sirus radio works the same way, just plug the output into your soundcard and record CD quality music uintil your heart's content.

    Chevy

  165. Obligatory Family Guy Quote by Workaphobia · · Score: 1

    "Gentlemen, I propose we send a message to tobacco companies everywhere by fining the El Dorado Cigarette Company infinity billion dollars!"
    "That's the spirit, Frank! But I think a real number might be more effective."

    I cannot be the only one who thought of that.

    Seriously, I know that statutory damages are supposed to be ridiculously high as a deterrent, but at some point you just have to laugh them out of court. Can anyone name any other case, fictional or real, where the amount claimed was in the trillions? What's the largest real amount of money actually won in court?

    --
    Evidently, the key to understanding recursion is to begin by understanding recursion. The rest is easy.
  166. Except for the fact that the law excludes this by anomaly · · Score: 1

    As someone up the chain indicated, the law explicitly indicates that I don't have that right. I have the right to the copy I have, and no other copies. If I have the foresight to make an archival copy, then it's acceptable for me to recover from my archival copy. If I don't, then I'm out of luck. Why would that law ever be changed in favor of consumers? I can't imagine a scenario where that would fly.

    --
    But Herr Heisenberg, how does the electron know when I'm looking?
    1. Re:Except for the fact that the law excludes this by Rich0 · · Score: 1

      Why would that law ever be changed in favor of consumers? I can't imagine a scenario where that would fly.

      I dunno - maybe a scenario where consumers wrote the laws? :)

  167. Trust me, they are by Anonymous Coward · · Score: 0

    I work in communications and PR for a trade association (lobbying group), and I can tell you that some of our largest member companies incorporate forum astroturfing in their PR efforts. It's extremely cheap, as it can be done by paid interns with bullet-point scripts to work from. And for any specific campaign, there are typically only about a dozen "top-level" sites to track, and those sites only typically have a few stories/posts/threads per day on that particular issue. I can't give the companies any credit though--it is typically the PR companies to push this service as a way to do two things:

    1) Get the message out there in a consistent way.
    2) Harvest the counter-messages and qualify their effectiveness.

    #2 is actually the point of the whole exercise because it helps you craft the messages of future campaigns.

    A good way to spot a turfer is to look at how well they stick to their guns. A real turfer will only post once or twice per thread; they don't know enough to go deeper. If you really get into it with someone over like 6 or more responses they are probably just some guy with too much time on his hands who likes to argue.

    - Posted anonymously for a reason

  168. RIAA artists are not independent by Anonymous+McCartneyf · · Score: 1

    "Those who are lazy or stupid will go with a big label in hope of instant fame and pay almost all the money to the label."
    You forgot the ignorant.
    Also, have you considered how hard it is for someone who is already on a RIAA label to get off it? Think of George Michael trying to leave Sony or Prince trying to leave Warner Bros. Most RIAA artists who want to stop recording on an RIAA label stop recording altogether while they try to get free. And since many tour venues (say, the ones that use ClearChannel to sell tix) want only artists in the RIAA...[sigh]
    I agree that it is smarter to be an indie. But you don't have to blast all the RIAA artists to get your point across.

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
  169. Deathmatch by yoprst · · Score: 2, Interesting

    American criminals vs Russian criminals. Both, unsurprisingly, are legal :(

  170. About Beatles by Anonymous+McCartneyf · · Score: 1

    First, Heather Mills McCartney is not a Beatle. She is only married to a Beatle, and that only for a few months longer.
    John Lennon and George Harrison definitely don't need more money.
    It doesn't matter if Paul McCartney or Ringo Starr need more money. Anyone who is actively boycotting the "MAFIAA" will have to boycott them altogether, p2p downloads and internet radio included. This will hurt, since I believe Paul McCartney is one of the best artists in the known universe.
    Pete Best is off the RIAA radar, though, or so I think...

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
  171. Statutory Damages by Anonymous Coward · · Score: 0

    Those are the statutory damages set out by US Copyright Law. The $150k figure was set by our lawmakers as a statutory damage for copyright infringement and thus has no grounding in reality. Depending on the circumstances, you can sue for actual damages, statutory damages, or both.

    The reasoning behind them is to simplify the process of suing someone for copyright infringement. When they were written, there wasn't this huge amount of non-commercial infringement by the masses going on, it was generally something along the lines of your average commercial pirate bootleg operation. Wanting to spare the copyright holder the trouble of proving exactly how many copies those people had sold (which would entail expert witnesses, evidence & whatnot), they instead provided them with a simple number to give to the court with their blessing.

    Removing the ability to collect statutory damages from anyone who didn't receive money for the infringement would make it a lot harder to get anything if you sued someone for infringement and would prevent litigation en masse like the RIAA is currently fostering. That's probably why I think it would be a good, if small, step towards making copyright law a little less onerous.

  172. Re:Scenarios to show you are wrong for the 100,001 by Anonymous Coward · · Score: 1, Interesting

    a)Go to the UK. Buy a CD. Go back to the USA. Legal copy.
    b) Go to France, buy a track from iTunes. Go back to the USA. Legal copy.
    c) Go to India, buy a track from iTunes. Go back to the USA. Transfer to another computer. Legal copy.
    d) Go to Brazil, buy a track from iTunes. Burn to CD. Go back to the USA. Legal copy. Well, for one, all of these involve going to $jurisdiction and returning with a copy. And they're not all legal, either. Imported copies are not legal if they would not have been legal to make in the US, for instance.

    And variations on a theme thereof.
     
    How is this different from
     
    y) Go to Russia, buy a track from allofmp3. Go back to USA. Legal copy. That's actually probably not legal. See 17 USC 603.

    z) Get a computer in Russia to make a copy of a track from allofmp3, sell you that track and you copy that one incidence to the USA and the russian copy sold deleted. This is where you totally misunderstand what's going on. A copy is a physical thing: an instance of a song on a computer is not a copy, by law. If there's a song on a disk, the disk is the copy. If there are 1000 identical instances of that song on the same disk, there's still only one copy, the disk. Read 17 USC 101 for the definition of a copy. Most importantly, a copy is not a transmission. The bitstream of the song going over the network is not a copy. Unless you're sending physical disks over the Internet (which you're obviously not, since it's impossible), what's happening is that a new copy is made in US, by you, when you write the song to your disk. Your disk becomes the copy. That act is an infringement unless its authorized.

    It's irrelevant if you think these are stupid definitions of copies, etc. They are the statutory definitions and they courts apply them.

    When you download from allofmp3, and make a copy, this happens in the US, at your direction, and you're liable.

    Note "unauthorized." A Russian law or a Russian copyright holder cannot authorize you. Only the US copyright holder under US copyright law can authorize you.

    All of this "go to Russia" crap is beside the point. You're not going to Russia. The infringing act happens in the US.
  173. No, you're not ... by Anonymous Coward · · Score: 0

    ... allowed to make personal copies of legally purchased music. There is no such exception, you're either making shit up or you believed someone who was making shit up and are repeating it.

    1. Re:No, you're not ... by Darth · · Score: 1

      USC Title 17,1008 :

      "No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings."

      This is the exception that allows you to make personal copies of legally purchased music.

      --
      Darth --
      Nil Mortifi, Sine Lucre
  174. You're still wrong. by Anonymous Coward · · Score: 0

    There are two parts to 17 USC 602 (the law on importing copies):

    602(a) says you cannot import into the US copies that have been acquired outside the US without permission from the copyright holder, unless a) you're the government, b) the importation is for private use and not for distribution, provided you bring in no more than one copy, and c) you're an organization operated for certain non-profit purposes and you bring in no more than five copies.

    602(b) says you cannot import into the US copies that, if they were made in the US, their making would constitute copyright infringement.

    It's important to understand that you have to satisfy both provision. You can't use an exception to 602(a) to beat the prohibition in 602(b).

    If making a copy from, eg, allofmp3 would have been illegal in the US, you can't bring those copies into the US, for any reason, even personal use.

    This is all beside the point, because downloading from allofmp3 from within the US is not importing copies, but making new ones. Making those copies is an infringement unless you are authorized by the US copyright holder. ROMS giving allofmp3 permission is irrelevant. That you paid good money is irrelevant. That the copies would be legal to make in Russia is irrelevant.

    In short, this is all smoke and mirrors.

  175. Re:"Laws" in russia? by Sj0 · · Score: 1

    According to Wikipedia,, they were originally termed with respect to their alleigances, but the modern definition refers to nations with a low UN Human Development Index, not any particular political affiliation.

    --
    It's been a long time.
  176. Re:"Laws" in russia? by Sj0 · · Score: 1

    Actually, you've misunderstood what I've read. Epically.

    I never said I was or was not part of the demographic the Republican Party is generally accepted to try to target.

    Your reply is a non-sequitor.

    --
    It's been a long time.
  177. Re:"Laws" in russia? by zero_offset · · Score: 1

    So fine distinctions are appropriate as long as you're not claiming membership in the group? Don't kid yourself, your response wasn't especially "epic" in the first place. Snide and condescending, yes, but consider the possibility you merely failed to express your opinion with sufficient clarity. Why is it inappropriate for the original poster to claim only partial agreement with his party, yet you feel it is entirely appropriate to subdivide that party into different groups for the purposes of your argument? I see no difference.

    Perhaps you should focus that "very large" brain you're so impressed with on more basic pursuits. I assume you mean to suggest I misunderstood what you wrote, not "read," and the word is spelled "sequitur."

    --

    Slashdot quality declines as the number of hot grits posts decreases. - Provolt's Law, Apr-09-2005

  178. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  179. Out of court settlement by Reziac · · Score: 1

    Judge to RIAA: "I'm awarding you Russia. The whole country. Enjoy!"

    --
    ~REZ~ #43301. Who'd fake being me anyway?
    1. Re: Out of court settlement by Anonymous+McCartneyf · · Score: 1

      Now we've got all this room
      We've even got the moon
      And I hear that the USSR will be open soon
      As vacation land for
      Lawyers in love
      --Jackson Browne

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
  180. Still Bad Counterargument by abb3w · · Score: 1

    b) just says that if the copy was made illegally at the point of origin, it is considered illegal when imported into the United States. (i.e. chinese bootlegs)

    You seem to have missed the phrase the phrase if this title had been applicable in the first sentence of 17 USC 602(b). If making the copy in a US jurisdiction would have violated Title 17, then the copy is illegal to import whether or not it was legal to make the reproduction under applicable local law (EG, allofmp3.com using the loophole in Russian law).

    The other comment's point about "copying" is a little better, except that once you have a legal copy within the US, making further reproductions for personal use (IE, turning the ethernet bits into a copy on hard drive, and then into CD, iPod, and Wax Cylinder recording copies) might be defended under "fair use". (Whether it is fair use might need to go before a jury, as a question-of-fact.)

    --
    //Information does not want to be free; it wants to breed.
    1. Re:Still Bad Counterargument by Darth · · Score: 1

      Yeah. I forgot about 602(b) including that first sentence. I was tired and did a fairly poor job on that post.

      The other comment's point about "copying" is a little better, except that once you have a legal copy within the US, making further reproductions for personal use (IE, turning the ethernet bits into a copy on hard drive, and then into CD, iPod, and Wax Cylinder recording copies) might be defended under "fair use". (Whether it is fair use might need to go before a jury, as a question-of-fact.)

      Well, 17 USC 1008 should protect individuals making reproductions for personal use, provided they are using consumer grade devices.

      --
      Darth --
      Nil Mortifi, Sine Lucre
  181. In Russia with rubles? by Anonymous+McCartneyf · · Score: 1

    But Allofmp3 uses dollars on the English-language page.
    Also, while Allofmp3 may be in Russia, the American downloaders are not: they are sitting in front of computers in America.
    Of course, the RIAA is not suing the American downloaders (and I tremble to think of what we'll say when they do), but an "uploader" in a country that does not believe in extraditing people out, regardless of guilt. [sigh]

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
  182. Re:Hopefully Allofmp3 is smart and ignores the sui by Teancum · · Score: 1

    At the same time, you don't want to visit a juristiction even as a tourist afterward where a judgement has been made against you. Once you go there all hope is lost and you have to fight through the courts... even if there was a default judgement issued.

    I hope the lawyers you mention also advise them of this as well, not that NYC is necessarily close to Russia as a place they would "accidentally" get to.

    I'm not sure if the EU would honor an extradition request for a civil suit like this, but I've heard of worse. Particularly if the judge in this case decides to get cute and file a contempt charge that would turn it into a criminal matter, given the statement that they believe the court has no jurisdiction and is openly giving the finger to the judge from across the Atlantic.

  183. The end is nigh by Anonymous+McCartneyf · · Score: 1

    This has already begun. Russia has already changed its laws (though I don't know if the changes are in effect yet), and under the new laws Allofmp3's current business plan will be illegal. Visa has already withdrawn service from Allofmp3. Allofmp3 may be shifting to an ad-supported model, and even had free DRM'd trax on their site at some point.
    I hope this is closer to real reality.

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
  184. MOD PARENT UP +1 FUNNY by Anonymous Coward · · Score: 0

    A "Funny" mod is actually an attack against the person who you gave the mod to

    "to whom you gave the mod".

  185. Re: Copyright and good faith by some+guy+I+know · · Score: 1
    Of course, since you purchased the music in good faith, you have a strong defense.
    No, that is not a defense at all, and probably won't even result in a reduction of damages for most people.
    Does that mean that if I purchase what looks like a legal CD in a regular store (say, Target or Walmart), and it is later discovered that the CD was an illegal copy, then I am liable for up to $150,000 x the number of songs on the CD?
    That doesn't seem right, somehow.
    --
    Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
  186. Re: Copyright and good faith by Anonymous Coward · · Score: 0

    If you bought the CD in a store, you probably aren't. What's infringing is making the CD and then selling the unlawful copy. AFAIK it's not illegal to buy an unlawful copy (or to own and use it). It would be illegal for you to sell that CD, though, or even to lend it out.

    This is different when you download, though. The reason why you would, OTOH, be on the hook for downloading from a seemingly legitimate music service is that downloading requires making a new copy (by the legal definition of "copy"). In other words, you're not buying an existing copy, such as the pirated CD. That act -- making an unauthorized copy on your computer -- is as infringing as the guy who infringed by making the pirated CD.

  187. On distribution by Anonymous Coward · · Score: 0
    Off topic for a second.

    Let's start with distribution, since it's simpler. It is illegal to distribute any copy, even original copies made by the copyright holder, unless there is an applicable exception. The most commonly used exception for distribution is first sale, which is codified at 17 USC 109. It basically says that distribution of copies which are lawfully made is not an infringement. For example, if you buy a CD at a store, and the CD was lawfully made by the copyright holder (or under his authority), then that is a lawfully made CD and you can turn around and give it away, sell it, etc. What bothers me is how distribution is construed to include uploading. I found the EFF's analysis in its amicus brief in Elektra v. Barker to be persuasive: that the plain statutory language limits the distribution right to distribution of tangible, material objects. I don't know if you read that brief, but Beckerman links it on his blog here.

    Assuming the EFF is wrong, how does what you write above apply?

    Let's say I have a lawfully made CD. I put the CD in the drive on my UNIX box, mount it, and serve the raw contents via Apache. Now, when people connect to download the contents of the CD, if uploading is distribution, I'm distributing. But I'm also distributing (from) a lawfully made copy, so wouldn't the first sale exception apply?

    Or, let's say I was allowed, because the fair use analysis came out on my side, to space shift my songs from the CD by creating mp3s of them. If those copies are lawfully made, and I share them in a P2P shared folder, again I am distributing, if uploading is distributing, yet again I am distributing (from) lawfully made copies.

    The thing is, I'm really not distributing copies (eg, tangible, material objects). Rather I'm transmitting the work over the internet, from the copies.

    So I suppose that answers my own question.

    But it just doesn't seem like 17 USC 106(3) should apply at all. I'm not distributing copies. I'm transmitting the work. It's like if I read the work over the phone to someone, I wouldn't be distributing it, I'd be performing it (although not publically). Isn't radio transmission, which is more analogous IMO, performance and not distribution?

    Wouldn't it make more sense that, instead of infringing the reproduction right, what I actually did was contribute to the infringement of the distribution right?
    1. Re:On distribution by cpt+kangarooski · · Score: 1

      What bothers me is how distribution is construed to include uploading. I found the EFF's analysis in its amicus brief in Elektra v. Barker to be persuasive: that the plain statutory language limits the distribution right to distribution of tangible, material objects.

      I agree; that's what the statute says, and I'd be happy to see precedents to the contrary be depreciated as a result. But I suspect that courts will not be pleased with the idea of the public at large having the opportunity to use -- even if they almost certainly won't -- some of the statutory licenses relied upon by the radio and tv transmitting industries, along with the other limits in the 106(4)-(6) rights, so this might not succeed.

      But I'm also distributing (from) a lawfully made copy, so wouldn't the first sale exception apply?

      No. The reason that courts presently think that uploading is distribution is because they're not taking the uploading / downloading process into account, and are instead looking at the beginning and end of the matter.

      In a classic case of distribution that doesn't fall within first sale (i.e. distribution of unlawfully made copies) what happens is this: 1) Alice obtains a lawfully made copy of a work. 2) Alice engages in reproduction to create some unlawfully made copies of the work. 3) Alice distributes (e.g. sells) the unlawfully made copies to Bob. 4) Alice is left with her lawfully made copy, and Bob is left with an unlawfully made copy.

      In a computer based case, what happens is this: 1) Alice obtains a lawfully made copy of a work. 2) Alice puts it on a server, and Bob downloads it, which together constitutes Alice 'distributing' the work to Bob. 3) Bob writes the work to some storage medium (e.g. RAM, hard drive, etc.) and creates a new, unlawfully made copy of the work, which constitutes Bob engaging in reproduction. 4) Alice is left with her lawfully made copy, and Bob is left with an unlawfully made copy.

      If you ignore the stuff in the middle, these are similar enough that a court that didn't pay very close attention would think that they're the same. And since no one has bothered to really make this argument before, courts have not had to pay attention, because the rule in court is that if a point is not disputed, it is just accepted, even if it is wrong. It is up to the parties to make arguments that advance their case, and not the place of the court to help either side. That the courts are annoyingly fussy about the technical workings of downloading and how they do constitute reproduction infringement as a matter of course is because someone did make that argument in the past, causing the courts to look at the issue. All together, it's a bit of a pisser.

      But getting back to your question, even if the courts decide to stick with uploading as distribution rather than as performance or display, there's no chance that they'll say that uploading a copy in a process where another copy is ultimately produced falls under first sale. It's bad behavior, as far as they're concerned, and they won't use the available slack in their interpretation to help the people doing it.

      In any event, until something happens with this, the precedents indicate that it's distribution, so for general-purpose /. posts, it's an appropriate word to use. Hopefully in the near future we'll be talking about the reproduction right and the performance and display rights.

      --
      -- 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.
  188. Re:On distribution (Oops!) by Anonymous Coward · · Score: 0
    Damn, I should've previewed: reverse the sense of the last paragraph. I meant to say:

    Wouldn't it make more sense that, instead of infringing the distribution right, what I actually did was contribute to the infringement of the reproduction right?
  189. Re:"Laws" in russia? by Sj0 · · Score: 1

    Unfortunately, my argument doesn't have legs, but not for the reasons stated.

    The problem is is that my trouble is with people who become their ideology despite their own real wishes. "I am a conservative or a liberal therefore I must be against or for issue X, not because I have a strong personal opinion independantly regarding this issue, but because I am a conservative or a liberal, or a Democrat or a Republican, and that's what a conservative, liberal, Democrat, or Republican believes. If I decide to 'go against the grain' and disagree with the party too many times, I'm either to believe in the other ideology, including the things about it I disagree with now, or I am to create an imaginary demarcation within the party or ideology which allows the dissonance between my disagreement with the party or ideology and my stated total devotion to the philosophy of the party or ideology(the 'small c conservative'). I never should have gotten caught up in linguistic semantics, I should have instead just stated that groupthink of this kind is distasteful.

    You were right to disagree, but not for the non-sequitur reason you presented. To demonstrate why, consider the sentence: "Some groups, like the Ku Klux Klan, express hatred towards certain races. You should try not even to notice a person's race. To notice a persons race is the first step towards forming negative connotations based on race. The concept of race should be ignored altogether, and we should just consider other homo-sapiens as simply human, which I do." isn't paradoxial for the same reason my earlier comment wasn't. It isn't the neutral point of view observer stating the groups well-known agenda who is singling out the race, it's the group themselves. Similarly, the Republican party has a well known and publicised strategy which looks towards certain groups of people, such as the "freedom-moms" demographic they claim exists which they also claim to target, as well as the southern demographic I mentioned. As I mentioned, this is based on fact, and this image from wikipedia shows the recent and dramatic switch between states which voted for one party over the other over the course of the nation's history. Editorials I've read have indicated that this shift was due to a change in strategy by the republican party in an effort to change their strategy with regard to ceertain demographics. Ironically, it's a self-fulfilling prophecy. People claim to be 'a conservative' or 'a liberal', thus they vote for the party which claims to pander to their ideology, ignoring both that neither party actually follows the philosophies implied by the words 'conservative' or 'liberal' or 'democrat' or 'republican'.

    --
    It's been a long time.
  190. Re:"Laws" in russia? by zero_offset · · Score: 1

    I must still disagree that subdividing a group from within is somehow automatically more dishonest than subdivisions made from without.

    That being said, I do agree with literally everything else you have written this time around, and have been saying essentially the same thing myself for the past several years. I am still partial to the conservatives (in the current definition) simply because they're less attractive to the loose-cannon bad-kind-of-freak demographic, though I am certainly not one of "them" -- it is a sad case of having to choose the lesser of two evils. Fractionally lesser is still less.

    I appreciate the reasoned responses.

    --

    Slashdot quality declines as the number of hot grits posts decreases. - Provolt's Law, Apr-09-2005

  191. Re:"Laws" in russia? by Sj0 · · Score: 1

    It would be hypocritical if I presented opinions that weren't, after all that arm waving. :)

    --
    It's been a long time.
  192. Bzzt, again. by Anonymous Coward · · Score: 0

    Except that 17 USC 1008 does not apply. People read it and ignore the rest of that chapter, particularly the defintions of what constitutes a digital audio recording device. Computers are not digital audio recording devices. If they were, they'd have to implement the SCMS DRM required by 17 USC 1002 and manufacturers would have to pay royalties in accordance with 17 USC 1003. It simply does not apply. AHRA is very limited and does not apply to rips made on computers.

  193. Really? by jotaeleemeese · · Score: 1

    So if a USian goes to Russia, downloads a song there, and goes back to the US, all of the suddden it is legit according to your warped view of the Universe?

    And what about a Russian moving to the US with a terabyte of music downloaded legally in Russia?

    If the RUssian company is not breaching copyright law (where they are based) and the downloaders are not breaking the law (where they are based) I fail to see what legal claim they may have.

    If anything that only shows that maybe RUssian copyright law is not what US based cartels would like it to be, but frankly that is just bad luck for recording companies.

    --
    IANAL but write like a drunk one.
  194. Yeah, sure, whatever. by jotaeleemeese · · Score: 1

    Interest groups invest millions in lobbying groups because they don't work.

    --
    IANAL but write like a drunk one.