ALLOFMP3.COM Russia's premier music download site - Legal or not? Please discuss...

Digital Music News ^ | 10/17/2006 | Self

[Caipirabob]

I have a buddy who was telling me about ALLOFMP3.COM, a download site that has dubious legitimacy in Russia. It's service is available to users here in the United States. I'd like to forward the discussion on this forum and get an opinion from FReepers on their take on this site. Legal or not? What are the implications for the users?

Here is some of what I have gathered in my research on the current debate:

10/06/2006 - AllofMP3 Becomes Major Chip in US, Russian Discussions

As Russia pushes for entrance into the World Trade Organization, the controversy regarding AllofMP3.com threatens to derail American approval. The United States has elevated the digital download service to the top of its grievance list, citing the destination as a prime example of Russian disregard for international copyright. The US is demanding that the Russians close the site immediately, or again be rebuffed by the WTO. US Trade Representative Susan Schwab told reporters, "I have a hard time imagining Russia becoming a member of the WTO and having a website like that up and running that is so clearly a violation of everyone's intellectual property rights."

.... Meanwhile, Sony BMG is not taking any chances. The label announced today that it is entering the Russian online music market with $0.60 downloads, part of an attempt offset AllofMP3.com's influence.

[Caipirabob]

I recommend people go to the site and read the many articles available.

It seems that a great effort is going underway to shut down ALLOFMP3.COM. Who knows what the legal implications will be for the users and my buddy (he's a lib, but a good guy if you believe this is possible.) He got me curious and I've done a bit of initial research.

Now I'd like to cast the question into the great pool of knowledge and wisdom and occasional yahoos like myself that is FR...

So what do y'all think?

[SamAdams76]

This site is legal - in Russia. Royalties are set aside but no U.S recording label has bothered to pick the royalties up, out of fear that doing so would "legitimize" the site and put them out of favor with the RIAA.

The irony is that despite the much lower price of the music, recording artists stand to make more royalties then they do in the USA.

So the RIAA is pissed. They wouldn't be able to keep 94% of the money for themselves like they do over here. Despite towering prices for music over here ($15.98 for a CD that costs pennies to make), the average recording act only sees a fraction of that. Which is why they feel compelled to tour constantly and charge $80 for tickets.

What's even better about ALLOFMP3.com is that the music you download is free of DRM. Once downloaded, it is yours to do with as you will.

[dennisw]

I was paranoid about giving them credit card information otherwise I would have used allofMP3 a few times. I wuz tempted

What's far more interesting is that the USA is very concerned about this dipshit allofMP3 website which at the most is making $20,000,000 off US customers. While the same Bush administration could care less about the 800 billion dollar trade deficits we rack up annually. Shows how much pull the RIAA/Hollywood scum have in Washington DC. BTW Microsoft's VISTA will make it near impossible to play hacked music video and DVD.

[Hoplite]

Been here, done this...

ROMS, (Russian Organization for Multimedia and Digital Systems) gives licenses to Russian companies like Allofmp3.com to distribute content which they have laid claim to, without the owner's consent, in effect expropriating property and licensing the right to sell that stolen property to Russian firms.

Licenses given by ROMS "allow using of all works and objects of related rights only in the form provided by such licenses, and are given on behalf of all owners of copyright and related rights, including those who have not given their authority to the organization" (Section 2 of Article 45 of the Law of Russian Federation on Copyright and Related Rights). source

In short, legalized theft.

[kingu]

The question is if you're committing a crime by shopping at AllofMP3.com's website. The answer is no. It is a legitimate business in Russia. It is operating within the laws of Russia, and you, as a customer, are in compliance with United States law in making purchases.

If there is a question as to the legitimacy of Russian law, that is not an issue for a consumer to worry about. That's up for others to decide and debate about. You made a purchase, you imported the music from your purchase, and the implied license that came with that importation, allowing you to do whatever you please with it.

Meanwhile, I'm also a subscriber to Yahoo Music Engine - I have a two year (buy one, get one free, when paying with Mastercard, check the website for the ad, you have to purchase through that link..) $120 for two years, plays on my Axim, iRiver and Creative players for mobile use, or streaming from most any computer.

If the music companies theories are correct, if I take my music player out of the country, I am committing grand theft and international piracy. They're wrong.

[dennisw]

Free of DRM.... thanks. Microsoft/Hollywood/RIAA are in a big alliance with windows VISTA. They want a cut of all the action, even in Russia. VISTA will require DRM checks before you play anything

Microsoft/Hollywood/RIAA have the USA doing it's dirty work abroad in Russia. The GWBush administration is bought and sold here.

[kingu]

I have every confidence in the AAP (American Association of Publishers) in their efforts to nuke Google's book search will bring the issue of copyright back in lines with the letter and intention of the US Constitution.

Music companies will be looking back at this time as their golden age of profits.

[dennisw]

In short, legalized theft.

Clown, you are one to talk. You favoring the theft of Kosovo by the Muslims. Your credibility is rock bottom. When it's Christian Serbs versus Muslim we know where you stand

[L.N. Smithee]

I tried the site when Drudge linked to it a few months back. I tried to use my Visa card, and it wouldn't accept my three-digit code. I finally gave up, and the next morning, I couldn't use my card to pay for parking at work. It had been flagged by Visa after too many attempts.

Seems kinda hinky to me. I haven't gone back, even though the prices are temptin' gazelle.

[Caipirabob]

Thanks for the quick responses on this. It sounds interesting but I've heard so much controversy about this site. I'll be interested in what the new changes to Russian copywrite law yield for them. So far as of 9/1/06...no change at all. They want to negotiate royalties with the original artists and not the labels, and apparently Russian law supports them. Very interesting.

[Caipirabob]

From what I have read this morning, you can avoid using credit cards and enroll to pay via Paypal now. Perhaps you can set up a PP account using your credit card just for this site, and use it as a buffer for security. Sounds like more secure approach. I don't have PP associated to my bank account, personally. I'd be interested in how that works out.

[dennisw]

I sure hope so. You are right about the original intent and time limits on music "copyrights" before they entered the public domain. The RIAA scum lawyers want everyone to be for ever, an eternal 3% skim off the tables. These lawyers are lazy bastards who have bribes many in DC so that the US government is doing their dirty week in Russia and China. It seems the only trade issue we have with China is the pirating of DVDs, CDs and software on CDs. You can go to China (Russia too probably) and buy hacked windows XP for a few dollars. We could care less about our 200,000,000,000+ trade deficit with the ChiComs and how they use these profits to upgrade their military. Our only beef is hacked + pirated Microsoft and Hollywood products

[Hoplite]

I'm sorry you feel that way.

Not.

[dennisw]

I'm sorry you are a crackpot, pro-Muslim, pro-AlbanianMuslim and anti Russia. How dumb is that?

[prisoner6]

This has been a subject of discussion over at dl.tv...the site webcasts a twice a week program with patrick Norton ( ex -"The Screensavers" on Tech TV, and Robert Heron.

IIRC the consenus was that the site is legal (in Russia) and US citizens are at the moment legal in shopping there. There WAS some problem with the credit card stuff, but I don't recall just what.

The programs are archived so you should be able to go to dl.tv and look it up.

FWIW there's also thepiratebay.org for bit torrent stuff.

prisoner6

[dennisw]

From what I have read this morning, you can avoid using credit cards and enroll to pay via Paypal now. Perhaps you can set up a PP account using your credit card just for this site, and use it as a buffer for security. Sounds like more secure approach. I don't have PP associated to my bank account, personally. I'd be interested in how that works out.

ALTERNATIVELY you can deposit the $10 dollar minimum via a temporary credit card number generated by your credit card company. AmEx does this and CitiCard too I think. If I need some music from allofMP3 that's what I'll do. Easier quicker than a new PayPal account. Plus I heard (in a restaurant) a gawd awful PayPal story the other day involving a $500 fraud on Ebay

[SamAdams76]

Most people use third-party companies like PayPal to buy music on AllofMP3.com rather than their personal credit cards. I would not trust Russia with my credit card number (and it might not be a good idea to have your purchases tracked over here at any rate).

BTW, the recording industry has been buying up similar sounding websites such as www.allofmymp3.com and posting links to their own websites to confuse people.

[MarMema]

As Russia pushes for entrance into the World Trade Organization, the controversy regarding AllofMP3.com threatens to derail American approval.

Give me heck, America. Keep Russia out of the WTO.

[Caipirabob]

Great info - Thank you!

[Hoplite]

They want to negotiate royalties with the original artists and not the labels, and apparently Russian law supports them.

When I looked into this issue last, Prince's site was selling his material at a discount to members of his fan club, something on the order of $.77 per song vs. $.99 per song on iTunes or the like.

Meanwhile, over on allofmp3.com, the songs were going for around $.10

And while I can't say for sure that Prince hasn't given his consent to allofmp3.com selling his material, I think you'd have to agree with me that it seems highly unlikely, and that if that's the case, then allofmp3.com is harming prince by undercutting the prices he charges on his own site, and the ethical considerations are lost in the delight of getting something at a bargain basement price.