Any latest news on the Allofmp3 legal battle?

[ValkyrieofHouston]

I thought this was a really cool site, but was unaware that it was illegal. It still advertises all over the net. It was rumored to have gotten out of the grasp of the law through some loop holes. Search ATOT's archives and only came up with this old thread http://forums.anandtech.com/messageview...hreadid=1536615&enterthread=y&arctab=y

Just wondering if anyone had any new news, and if they are going to be shut down. Or are still fighting their legal battle.

Curious....

 

[GeneValgene]

- IFPI and RIAA put pressure on russian authorities to shut down allofmp3
- moscow computer crimes division launches investigation, and recommends that allofmp3 be charged
- prosecutor decides to drop all charges and not pursue the case because allofmp3 is not in violation of russian copyright laws
- allofmp3 is thriving, and has just released allTunes to glowing reviews, an iTunes type software for previewing, managing, and purchasing music

 

[ValkyrieofHouston]

Wow, so they are able to still do what they do, and it is ok for people to use them? The reason I brought this up, is I have seen their ads all over the net. But a friend of mine said that I should not use them, that LE was all over them and they were illegally file sharing or something like that. I was trying to find stuff on the net about them, and searched here on ATOT.

I would love to become a patron of theirs but don't want to get hammered on the illegal file shring bit... these are areas that I am unfamiliar with.

Thanks for the response!

 

[GeneValgene]

Originally posted by: ValkyrieofHouston
Wow, so they are able to still do what they do, and it is ok for people to use them? The reason I brought this up, is I have seen their ads all over the net. But a friend of mine said that I should not use them, that LE was all over them and they were illegally file sharing or something like that. I was trying to find stuff on the net about them, and searched here on ATOT.

I would love to become a patron of theirs but don't want to get hammered on the illegal file shring bit... these are areas that I am unfamiliar with.

Thanks for the response!

as you noted before...yes, it is a loophole that keeps them running. as to when/if they change the russian laws, is still up in the air.

although allofmp3 can legally run in russia, the legality of US customers is what has been heavily debated.

 

[Schadenfroh]

Read this thread

 

[Chiropteran]

Is it legal for Americans to use the site though? That is the real question, I think.

 

[arod]

until it gets shut down officially its legal in my book... regardles if/when they get shut down there is a very small chance they would go after its users (because technically you are paying for your music albeit a small amount)

http://en.wikipedia.org/wiki/Allofmp3

all you ever wanted to know about allofmp3

 

[GeneValgene]

Originally posted by: Chiropteran
Is it legal for Americans to use the site though? That is the real question, I think.

yes, that is the real question...

until someone tells me to stop, i have been using allofmp3. i still spend about 60% on physical CDs. for online downloads, i am split abotu 50-50 between apple itunes and allofmp3 depending on the song.

 

[iamme]

i always thought it was common sense that it was illegal. if the artists aren't seeing any money from the sales, then how can it be legal?

 

[ValkyrieofHouston]

Originally posted by: arod
until it gets shut down officially its legal in my book... regardles if/when they get shut down there is a very small chance they would go after its users (because technically you are paying for your music albeit a small amount)

What exactly is constituted as illegal for the user? Does anyone have the exact definition of the illegal act for the user? I mean if you have gone to a legally running site, and have legally paid for music, just as you would any other music mp3 download site, how is that illegal?

I thought, if you downloaded music for free without paying, hence file sharing, that was illegal.


Enlighten me, because I am confused...

 

[ValkyrieofHouston]

Originally posted by: iamme
i always thought it was common sense that it was illegal. if the artists aren't seeing any money from the sales, then how can it be legal?

In the music biz it doesn't work like that. The music artist has a contract with the record company for a portion or percentage of profit from the music, the rest is sold off. People have to buy licenses from the record companies to get permission to sell the music and make their own profit, and give a small percentage of profit to the record company or other licensor. It's complicated... but basically the artist themselves don't reap all the direct sales from their music or other related items.

 

[arod]

Originally posted by: ValkyrieofHouston

Originally posted by: arod
until it gets shut down officially its legal in my book... regardles if/when they get shut down there is a very small chance they would go after its users (because technically you are paying for your music albeit a small amount)

What exactly is constituted as illegal for the user? Does anyone have the exact definition of the illegal act for the user? I mean if you have gone to a legally running site, and have legally paid for music, just as you would any other music mp3 download site, how is that illegal?

I thought, if you downloaded music for free without paying, hence file sharing, that was illegal.


Enlighten me, because I am confused...

thats exactly how i view it.... filesharing is illegal, you are paying money for allofmp3 so even if you get taken to court there is a .00000000000001% chance you would actually lose imo.

 

[GeneValgene]

Originally posted by: ValkyrieofHouston

Originally posted by: arod
until it gets shut down officially its legal in my book... regardles if/when they get shut down there is a very small chance they would go after its users (because technically you are paying for your music albeit a small amount)

What exactly is constituted as illegal for the user? Does anyone have the exact definition of the illegal act for the user? I mean if you have gone to a legally running site, and have legally paid for music, just as you would any other music mp3 download site, how is that illegal?

I thought, if you downloaded music for free without paying, hence file sharing, that was illegal.


Enlighten me, because I am confused...

well, riaa will not like it, because in russia, they only pay royalties to the songwriters, not the artist and the record company. because of that a site like allofmp3 in the US would be illegal.

however, the main argument for users of allofmp3 is that importing music to the US from other countries that have valid licenses (in that country) for personal use (and not for resale) is perfectly legal. they equate downloading with importing.

 

[torpid]

Originally posted by: GeneValgene
well, riaa will not like it, because in russia, they only pay royalties to the songwriters, not the artist and the record company. because of that a site like allofmp3 in the US would be illegal.

however, the main argument for users of allofmp3 is that importing music to the US from other countries that have valid licenses (in that country) for personal use (and not for resale) is perfectly legal. they equate downloading with importing.

Unless you are going to russia, downloading there, then flying back to the US then I don't think that's a legitimate argument.

 

[QED]

Originally posted by: ValkyrieofHouston

What exactly is constituted as illegal for the user? Does anyone have the exact definition of the illegal act for the user? I mean if you have gone to a legally running site, and have legally paid for music, just as you would any other music mp3 download site, how is that illegal?

I'm not a legal expert but that same argument could apply to any number of things that really are illegal.

You know what George Carlin used to say about sex being legal, and selling and buying being legal....

 

[GeneValgene]

Originally posted by: torpid

Originally posted by: GeneValgene
well, riaa will not like it, because in russia, they only pay royalties to the songwriters, not the artist and the record company. because of that a site like allofmp3 in the US would be illegal.

however, the main argument for users of allofmp3 is that importing music to the US from other countries that have valid licenses (in that country) for personal use (and not for resale) is perfectly legal. they equate downloading with importing.

Unless you are going to russia, downloading there, then flying back to the US then I don't think that's a legitimate argument.

exactly....that's the rub. when you download, you don't declare customs and pay no duties.

 

[GeneValgene]

Originally posted by: torpid

Originally posted by: GeneValgene
well, riaa will not like it, because in russia, they only pay royalties to the songwriters, not the artist and the record company. because of that a site like allofmp3 in the US would be illegal.

however, the main argument for users of allofmp3 is that importing music to the US from other countries that have valid licenses (in that country) for personal use (and not for resale) is perfectly legal. they equate downloading with importing.

Unless you are going to russia, downloading there, then flying back to the US then I don't think that's a legitimate argument.

but i don't think the riaa would win in court against US end users

 

[Chiropteran]

Originally posted by: Schadenfroh
Read this thread

That thread has no conclusion.

 

[GeneValgene]

Originally posted by: Chiropteran

Originally posted by: Schadenfroh
Read this thread

That thread has no conclusion.

i don't think there will be a conclusion until there is a new law, or riaa starts suing people and winning/losing in court

 

[Taggart]

Offshore online gambling is thriving, with millions of Americans using those sites. Technically illegal, but for online gambling sites and allofmp3.com those are laws that won't be enforced.

 

[GeneValgene]

Originally posted by: Taggart
Offshore online gambling is thriving, with millions of Americans using those sites. Technically illegal, but for online gambling sites and allofmp3.com those are laws that won't be enforced.

i wonder why online gambling is illegal...i would think they would care less as long as you reported your income to the IRS

 

[Taggart]

Originally posted by: GeneValgene

Originally posted by: Taggart
Offshore online gambling is thriving, with millions of Americans using those sites. Technically illegal, but for online gambling sites and allofmp3.com those are laws that won't be enforced.

i wonder why online gambling is illegal...i would think they would care less as long as you reported your income to the IRS

It's illegal to gamble online if it is illegal to gamble where you live.