Link-ban to AllOfMP3.com - coming soon?

[AlecWest]

Germany has made linking to AllOfMP3.com illegal. One wonders how much longer it will be until U.S., Australian, and other European search engines (and websites) are hit with a similar ban:

http://www.heise.de/english/newsticker/news/61571

[SquirrelDip]

And they need to announce the fact that linking to AllOfMp3 is illegal - advertise everywhere, the papers, the news, forums, radio, tv ...

I'm sure there's millions of people that do not know of this site and how linking it is illegal.

[AlecWest]

And they need to announce the fact that linking to AllOfMp3 is illegal - advertise everywhere, the papers, the news, forums, radio, tv ...

I'm sure there's millions of people that do not know of this site and how linking it is illegal.

FWIW, even the newspaper has been dinged for giving a link. They're appealing it on free-speech grounds and that appeal comes to court on the 28th, just a couple of weeks from now. Oddly, it only covers "linking" to the site, not mentioning the URL itself. At best, this is "feel good" legislation. Only visitors too stupid to grasp copy/paste will be affected. And because it's now newsworthy, this is probably the best free advertising AllOfMP3.com could want.

[SquirrelDip]

this is probably the best free advertising AllOfMP3.com could want.

Agree. Didn't Napster's member count shoot up 10 fold once the news that they were being sued broke? They're going to have a tough time shutting down AllOfMp3 - didn't the last decision declare that it IS legal in Russia...

[AlecWest]

didn't the last decision declare that it IS legal in Russia...

Nope, and that's the bugger. The prosecutor merely said he didn't want to pursue the case at the time. A month from now or a year from now (or as soon as a record label bribes him with enough money to do so), he may change his mind.

[hech54]

Didn't a German guy invent MP3?...

[Faustus]

didn't the last decision declare that it IS legal in Russia...

Nope, and that's the bugger. The prosecutor merely said he didn't want to pursue the case at the time. A month from now or a year from now (or as soon as a record label bribes him with enough money to do so), he may change his mind.

You sure about that? I could have sworn what I read said it was "technically" legal but that the laws likely needed to be changed, or something along those lines.

[adam]

The prosecutor said that in his opinion he didn't think they were technically in violation of any Russian law and that he would therefore not prosecute. Since it was never adjudicated though its just his legal opinion.

And yeah I think in giving his opinion he basically said they were crooks but that there was nothing he could do.

[SquirrelDip]

It's my understanding that the "problem" with the Russians is that the web site is considered as a broadcasting medium much like a radio station. The cost to the web site is set similarily to that of a radio station broadcasting the music which is far less than selling digital music.

There has to be a great big grey area here - there's a huge difference in quality between an MP3 and FM/AM radio but is the difference all that significant between the MP3 and, say, digital music on my cable box??

If I can capture digital music from my cable box what's the difference to "capturing" MP3's from a web site??

[adam]

Well sort of... the site itself doesn't even attempt to justify its actions as far as I can tell. They have no licenses to sell the songs that they do and as such they pay no royalties to the copyright holders. (maybe they pay some, but there is no question that they are not paying what they are required to under US law). That is why they can sell them for so little. It is a blatant violation of US Copyright law. I fully expect the RIAA to eventually file a civil lawsuit against them.

But in the meantime they were putting pressure on Russian authorities to file a criminal lawsuit because obviously its much cheaper to let them go after them, but Russian law simply has no law that regulates a lack of license to sell intangible goods, only material goods. So the prosector declined to file suit and characterized the site as a service like an internet radio site, not a seller of goods. But obviously this is not what they really are since they are selling actual mp3s.

SquirrelDip, first off if you intend to keep those digital music recordings or listen to them more than once (time shifting) then you would have to use an actual certified digital audio recording device to make the copy, like a DAT recorder. But assuming you are doing this and the recording is lawful, the difference between this and "capturing" music from a website is that the Audio Home Recording Act was never intended to cover audio streamed via the internet and computers were never intended to be labled as a certified digital audio recording devices, and as such their manufacturers do not have to pay the associated royalties. So as the court ruled in RIAA v. Napster, you can't use a computer to download musical recordings for the purposes of making a copy.

[SquirrelDip]

@Adam - Good post, thanks for the info... But you state "blatant violation of US Copyright law" however this is Russia. Now, the RIAA may be able to go after the people of the US who make use of the site but isn't it going to be difficult for them to prosecute a Russian entity?

Also, I am Canadian - I know the RIAA is attempting to muscle the current Canadian laws, to your knowlege do you know how successfull they've been?

[AlecWest]

The prosecutor said that in his opinion he didn't think they were technically in violation of any Russian law and that he would therefore not prosecute. Since it was never adjudicated though its just his legal opinion.

Yes, that's an accurate statement. The problem for them (AllOfMP3.com) and their users is that sometimes, prosecutors change their legal opinions. And sometimes, they move on to greener pastures ... allowing prosecutors with differing opinions to take their jobs. So, this is by no means a permanent state of affairs. AllOfMP3.com and its users are firmly in "whistling past the graveyard" mode ... hoping that no bony hands reach out and grab them by the shoulders when they least expect it, hehe.

There are probably only two things working in favor of AllOfMP3.com right now. The first thing is obvious ... they're Russians ... and the courts that oversee them are Russian courts. While I'm certain persons in high legal standing in Russia can understand where the RIAA is coming from, I think there may be a feeling of resentment on their part to implicit interference in Russian affairs by people they may see as "rich arrogant American corporate lackeys." Russian lackeys are probably preferable (snicker).

The second thing in their favor is that, according to an interview with their CIO, Vadim Mamotin, AllOfMP3.com has a silent partner ... namely, South Korean home electronics giant, the Samsung Corporation. They obviously have vested interests in the success of AllOfMP3.com. And if those vested interests were put in jeopardy by the music CD cartel, we might end up seeing a "Clash of the Titans" emerge in a Russian courtroom. And, AllOfMP3.com may have other silent partners Mamotin merely did not mention in his interview.

[adam]

@Adam - Good post, thanks for the info... But you state "blatant violation of US Copyright law" however this is Russia. Now, the RIAA may be able to go after the people of the US who make use of the site but isn't it going to be difficult for them to prosecute a Russian entity?

Well suing foreign entities is always problematic but a US copyright can be enforced in any country that is a Berne signatory, which Russia is, or in any country that is a member of the WTO, which Russia is in the process of becoming. And that's just if their actions are limited to Russia's jurisdiction.

Doesn't AllOfMP3.com sell to American citizens? If so, and there are enough sales or they advertise in the US or cater their advertising to US citizens, then the US can get jurisdiction over them through the Federal long arm statute.

Its only criminal charges that they would be shielded from because if the Russian government won't prosecute your only option is to extradite them and the Russian government has to agree to that.

[AlecWest]

The big worry isn't whether or not the RIAA goes after AllOfMP3.com. It's whether, if they're victorious, they get their hands on AllOfMP3.com's customer database ... showing every song you've ever downloaded since becoming a customer ... and then going after the American customers using the database as proof of infringement.

[SquirrelDip]

Nasty shit - but the RIAA has already shown that they will proceed with this kind of action when it becomes available.

But, I believe that as a Canadian I am still permitted to download. (but this is probably going to change fairly soon)