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RIAA Goes for the Max Against AllofMP3
Posted by
ScuttleMonkey
on Mon Jan 01, 2007 06:37 PM
from the go-for-the-gold dept.
from the go-for-the-gold dept.
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.'"
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Visa Cuts Off AllOfMp3.com 394 comments
denebian devil writes "On the heals of allofmp3.com's press conference trying to clean up its image, Visa has suspended its credit card service to allofmp3.com. From the article "[Allofmp3 is] no longer permitted to accept Visa cards," said Simon Barker, a Visa International spokesman. "The action we've taken is in line with legislation passed in Russia and international copyright law."
Almost simultaneously, allofmp3.com has announced that it is shifting over to an ad-supported model. For those who don't want to (or can't) buy allofmp3's DRM-free music, they are providing DRM-laden music that can be played only within a restricted player provided by the website."
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Russia Agrees To Shut Down AllOfMP3.com 550 comments
Pro-SEO writes, "An official document (PDF), dated November 19, summarizes an agreement between the U.S. and Russia in which Russia has agreed to close down AllofMP3.com, and any sites that 'permit illegal distribution of music and other copyright works.' The agreement is posted to the Web site for the Office of the U.S. Trade Representative. It summarizes the joint efforts of the two countries to fight content piracy, an issue in which Russia and Eastern Europe figure prominently." From the document: "This agreement sets the stage for further progress on IPR issues in Russia through the next phase of multilateral negotiations, during which the United States and other WTO members will examine Russia's IPR regime."
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RIAA Members Sue Allofmp3.com Over Infringement 323 comments
fair_n_hite_451 writes "To the surprise of no one, several members of the RIAA have filed suit against MediaServices, the operators of Allofmp3.com. The suit was filed for Wednesday, primarily by Arista Records LLC, Warner Bros. Records Inc., Capitol Records Inc. and UMG Recordings. The language of the litigation was very confrontational; The companies claim the site sells millions of songs without paying them 'a dime'. 'The defendant's entire business ... amounts to nothing more than a massive infringement of plaintiffs' exclusive rights under the Copyright Act and New York law.' AllofMp3 has always maintained that a Russian licensing group makes their business legitimate, while the RIAA here claims the organization has no authority to make such a deal."
[+]
Russia's War on Piracy/Malicious Software 150 comments
tmk writes "Russian minister Leonid Reiman has announced new legislation to fight software piracy. According to official information the share of pirated software in the Russian Federation decreased in the last years from 90 to 60 percent. Reiman dismissed as a myth the impression that many viruses originate in his country: 'Viruses are written all over the world. Russia is waging a consistent and successful war on malicious software.' Reiman calls for an international organization to fight Internet crime. Last year Russia agreed to take down Allofmp3 after the United States intervened."
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RIAA Goes for the Max Against AllofMP3
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Hmm? (Score:5, Funny)
(http://pg-solutions.com/)
Re:Hmm? (Score:5, Funny)
(http://linuxgal.blogspot.com/)
Re:Hmm? (Score:5, Funny)
Because a trillion rubles is roughly 10 bucks.
Re:Hmm? (Score:4, Insightful)
Re:Hmm? (Score:4, Informative)
Dollar's been falling steadily against rouble for the last four (4) years and currently is at the lowest level in seven years [yahoo.com]:
$1 = 26.28
Re:Hmm? (Score:5, Insightful)
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.
Re:Hmm? (Score:5, Funny)
(http://loudorangecat.com/)
Re:Hmm? (Score:5, Funny)
Re:Hmm? (Score:5, Funny)
Yeah, but Verizon would claim it was only supposed to be 0.02 cents!
Re:Hmm? (Score:4, Funny)
(http://slashdot.org/)
Because a trillion rubles is roughly 10 bucks.
But yeah, that's close enough for government work.
Re:It's a gambit (Score:5, Insightful)
(http://nzruss.blogspot.com/)
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.
Re:Proof? Proof of what, exactly? (Score:5, Interesting)
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!
Re:Proof? Proof of what, exactly? (Score:5, Informative)
(http://slashdot.org/)
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.
Re:Proof? Proof of what, exactly? (Score:4, Informative)
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.
Re:It's a gambit (Score:5, Interesting)
Re:Hmm? (Score:5, Informative)
(http://obruo.com/ | Last Journal: Wednesday November 22 2006, @06:34PM)
Re:Hmm? (Score:5, Funny)
(http://slashdot.org/)
ObSimpsons (Score:5, Funny)
(http://www.geocities.com/theLICC)
Russia is still independent (Score:5, Insightful)
Re:Russia is still independent (Score:5, Informative)
Re:Russia is still independent (Score:5, Informative)
(Last Journal: Saturday February 25 2006, @11:02PM)
11/29/2006 http://arstechnica.com/news.ars/post/20061129-831
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.
Re:Russia is still independent (Score:5, Interesting)
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.
Re:Russia is still independent (Score:5, Insightful)
This should be industry... (Score:5, Funny)
(http://www.creimer.ws/ | Last Journal: Friday January 26 2007, @12:40PM)
How excessive. (Score:5, Informative)
(http://joe-baldwin.net/ | Last Journal: Saturday September 02 2006, @11:58AM)
How fucking ludicrous and excessive. Jesus.
Re:How excessive. (Score:5, Funny)
You can get crucified for swearing on this site. Pilate.
Meanwhile AllofMp3 offers 20% bonus (Score:5, Informative)
AllofMp3 offers 20% bonus untill January 14, 2007 [allofmp3.com]
It is ridiculous (Score:5, Informative)
(http://tufar.com/ | Last Journal: Friday June 17 2005, @05:03AM)
quadrouple dipped (Score:5, Interesting)
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.
THERE ARE NO LICENSES. FUCKING CHRIST. (Score:5, Informative)
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.
are you kidding? (Score:5, Interesting)
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