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Russian Court Acquits allofmp3.com Owner
An anonymous reader writes "Denis Kvasov, former owner of the music download website allofmp3.com, has been acquitted of violating intellectual property laws in a Moscow court. The court cited insufficient evidence of criminal activity — a question of fact — without touching the question of law of whether the site's activities (had they been proven by the prosecution) actually violated Russian copyright law. The trial's presiding judge said, 'I want to draw particular attention to the sloppy job done by prosecutors in collecting and analyzing the facts.' According to the Moscow Times, though, the allofmp3.com case is far from over. Two more criminal trials are scheduled to take place: one against Vladimir Mamotin, the media director of MediaServices, the parent company of allofmp3.com, and another against the company itself."
Well it does in a way. Under common understanding in Russia of existing IP laws it is not at all clear that AllOfMP3 is breaking current law. There are changes planned which will close some loopholes and perhaps bring Russia more into line with some other countries, including America, but currently those changes are not yet in force. However, to obtain a prosecution under existing law the evidence needs to be collected and analysed under the law that is extant, and not the law that some might wish was in place, and which will be from next year. That is where the prosecution seems to have fallen down, according to a radio broadcast that I have listened to. The prosecution is quoting international agreements but the defence is using existing Russian law. As you are probably aware from the Litvinenko case, Russia is keen not to have its own laws be dictated by international agreements (although the Litvinenko is considerably more complicated and not simply a conflict of internal and international law). The judge wished to have the prosecution clearly show that, in this instance, international agreements should take precedence over national law. They failed to do so. This also explains the different claims that are made in the FA.
Have a look at soylentnews.org for a different view
And that last "A" stands for America, so they have no (legitimate) influence outside of the US
Huh? That doesn't make sense, it's just part of the name. You can call your organization the American Association for the Advancement of Americans if you wanted, but that doesn't mean you're not allowed to operate your organization elsewhere in the world.
Copywrite infringement can be criminal in the US.
From the G-man himself. Here's the relevant bit of the US codes: Title 18, section 2319.
It was far from the first ISR post in the thread. This one came at 12:27pm, a full 16 minutes earlier.
d =20250743
http://yro.slashdot.org/comments.pl?sid=271453&ci
No less than four other ISR posts were also made before the one you're replying to, making it the sixth (and by that point, extremely redundant).
I am not sure why Russia would want to join WTO at this point, anyway.
It's not like the United States would lift the steel, lumber, and enriched uranim tariffs (check with Canada's softwood lumber producers about that).
As to ending the American agriculture subsidies, a snowflake has a better chance in Florida...
Obama likes poor people so much, he wants to make more of them.
Intellectual Property is a blanket term that covers laws of copyright, patents, trademarks/trade dress, and trade secrets. The use of the term here is not necessarily incorrect, it is just overly broad. But you are right, the summary should have used copyright.
Hero of Allacrost, a FOSS RPG for *NIX/*BSD/OS X/Win
I think this quote sums up the problem getting a judgment against allofmp3. The argument seems to be something like "although we cannot show it is illegal according to russian law, we think it is wrong, and it has to be stopped."
But allofmp3 is legal because of the compulsory license system in the russian copyright law. And such a compulsory copyright license system is legal according to all relevant international treaties, including all the WIPO and WTO treaties.
In the US, a similar compulsory copyright license system is currently being abused by RIAA and SoundExchange to kill internet radio.