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Allofmp3.com Wins Court Case

Hemos posted more than 9 years ago | from the at-least-some-things-are-going-right dept.

Music 437

remove writes "Gizmodo is running a story from a reader tip that claims that the russian site Allofmp3.com, popular with slashdotters for their user selectable format which had been reported as being under investigation recently has been let off the hook by the Russian DA, becuase of a loophole in russian law which allows users create copies of songs by request. Basically, even though the courts have found their site operator's behavior to be illegal- they can't prosecute because the user dynamically creates copies of songs to be downloaded themselves."

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Text from Gizmodo: (4, Informative)

mikeage (119105) | more than 9 years ago | (#11864587)

Since I don't read Russian and wouldn't know exactly where to look for up-the-minute Russian news, I can't really confirm this, but Kirill writes:

Since I saw a couple of features about Allofmp3 on Gizmodo, and used them myself a few times, I just wanted to update you on the Allofmp3.com legal voes - today, the DA for Moscow's South-West district, denied IPFI's request to open a criminal case against Allofmp3.com.

The DA's office determined that while Allofmp3's action are in fact theoretically illigal - they do not have the permission of all the artists they feature on the website to distribute their music - in the Russian copyright law there is no specific prohibition of digital distribution over the internet, thus the law couldn't be applied against them.

Basically the catch is in the definition of "distribution" under that law implies actual physical sale of pirated cassetes and disks, in case of downloads the DA office said that "Allofmp3 does not distribute copies of CD's, but creates conditions for its users to use the content themselves", and they don't have an article against that. I think its their online encoding feature that 'saved' them - with it, the user supposedly makes a copy of the song himself, and this is not something that was assumed under the anti-piracy law.

Eventually they will update the law I'm sure, but that will take a while (especially in Russia) so I figure we're ok to use Allofmp3 for a couple more years).

Re:Text from Gizmodo: (-1, Troll)

Anonymous Coward | more than 9 years ago | (#11864649)

in other news, the age of consent in russia is 14.

Re:Text from Gizmodo: (0)

Anonymous Coward | more than 9 years ago | (#11864769)

I suppose you have a point, but you probably just lost it or something, because I can't see it.

Re:Text from Gizmodo: (1)

LiquidCoooled (634315) | more than 9 years ago | (#11864684)

In soviet russia, the news finds YOU.

Re:Text from Gizmodo: (4, Insightful)

akadruid (606405) | more than 9 years ago | (#11864702)

I don't understand how it is possible for them to be 'theoretically illegal' AND 'the law can't be applied against them'. Surely if the law is not applicable, then they are legal (both theoretically and in practice)?

I will be interested to follow this case since I do not see any reason so far not to use this service from the UK. IANAL, but this does look legal so far, despite the apparent low cost. Is it possible that the RIAA and BPI (as representatives of The Big Four) have no power over this company?

Re:Text from Gizmodo: (5, Insightful)

swv3752 (187722) | more than 9 years ago | (#11864746)

Simple, from the DA's point of view, they are violating the spirit of the law. As they have not violated the actual letter of the law, they are ok.

At least until a new law is made.

Re:Text from Gizmodo: (2, Insightful)

Drakin (415182) | more than 9 years ago | (#11864768)

It's a spiritual vs letter of the law issue.

It trounces all over the spirit, but, it abides by the letter of the law.

Re:Text from Gizmodo: (4, Insightful)

Tony Hoyle (11698) | more than 9 years ago | (#11864929)


It trounces all over the spirit, but, it abides by the letter of the law.


Ahh, so the russians have learnt western-style capitlism then :)

It's not 'theoretically illegal'. It's legal, until they change the law.

Re:Text from Gizmodo: (0)

Anonymous Coward | more than 9 years ago | (#11864938)

There's nothing wrong with spirit... *hic*

Re:Text from Gizmodo: (2, Interesting)

shutdown -p now (807394) | more than 9 years ago | (#11864795)

I will repeat that again and again:

The "apparent" low cost is low because prices are in general much lower in Russia than they are in Europe or US (but so are the salaries). You can legally buy an audio CD for about $5. If you consider that, the "cheap" price might no longer seem that cheap. Yes, it does allow foreign users to exploit the price difference - but doing so is not illegal.

And this is good because? (3, Interesting)

turnstyle (588788) | more than 9 years ago | (#11864731)

And this is good beacuse a Russian business is making money by selling copies of US (and Euro, etc.) musicians' work, but paying them nothing in return? Is that about right?

Re:And this is good because? (5, Funny)

cflorio (604840) | more than 9 years ago | (#11864798)

No, it's good because the downloads cost $0.02 per Mb...

Re:And this is good because? (0)

Anonymous Coward | more than 9 years ago | (#11864892)

And they actually have good music in their catalog

Re:Text from Gizmodo: (4, Interesting)

nametaken (610866) | more than 9 years ago | (#11864738)

Wait, so that means the downloaders are breaking the law? Last I understood, it was legal to purchase your music from allofmp3.com because they had licenced the music, and you can lawfully import anything that you obtained legally. Well, if we didn't obtain it legally now (?), its not legal for import. Does this mean RIAA could sue downloaders here? This has gotten way too confusing.

Re:Text from Gizmodo: (1)

BobTheLawyer (692026) | more than 9 years ago | (#11864841)

The import laws are irrelevant. When you download a MP3 from the site you are making a copy of the MP3 on your computer in the States. This is a breach of US copyright law - only the copyright holder has the right to make copies and licence the making of copies. There is no grey area - it's clearly illegal.

Re:Text from Gizmodo: (0)

Anonymous Coward | more than 9 years ago | (#11864912)

Just to precise that it only (eventually) applies in the USA

In most european countries, as well as Canada, this is perfectly legal to download copyrighted material :)

RIAA has never sued downloaders (2, Informative)

jxyama (821091) | more than 9 years ago | (#11864856)

...RIAA has only sued uploaders.

offering copies of copyrighted material for others when you don't have the distribution right is copyright infringement. downloading what's offered isn't. (yet?)

Re:Text from Gizmodo: (3, Informative)

akadruid (606405) | more than 9 years ago | (#11864751)

Gizmodo have now added a link to a blog that details the result further:

http://moskalyuk.com/blog/allofmp3com-escapes-cr im inal-lawsuit-for-now/475

This implies that currently the only recourse of the RIAA/BPI/Big Four is to initiate a civil lawsuit against allomp3.com for failing to acquire a suitable license. It also says that this may be difficult, since they are probably covered by their license from ROMS.

Re:Text from Gizmodo: (4, Interesting)

Have Blue (616) | more than 9 years ago | (#11864774)

This defense doesn't make any sense. There is always a copying process involved in a download, because the song data is being copied in RAM by the HTTP server in order to transmit it to you. The process of deriving the copy from the original media takes place on AllOfMp3's servers, so they could still be held responsible for it if it was illegal.

It just sounds like the article summary is incorrect- the loophole has more to do with the fact that the Russian law in question specifically enumerates the types of media it applies to, and "mp3" is not on the list.

Re:Text from Gizmodo: (1)

AviLazar (741826) | more than 9 years ago | (#11864989)

Hmm when you say "I figure we're ok to use Allofmp3 for a couple more years" you do mean people who live in Russia? Because from my understanding, if you are here on the US side and you somehow get caught d/l'ing Brittney Spears from a Russian server, you are still bound by US laws...and will get prosecuted for d/ling Brittney Spears.

Question (0)

Anonymous Coward | more than 9 years ago | (#11864593)

Can we have the same loophole in the US law ?

Re:Question (4, Funny)

Arbin (570266) | more than 9 years ago | (#11864681)

No. *insert RIAA stomping foot sound here*

Is this considered "Fair Use" ? (0)

SirGeek (120712) | more than 9 years ago | (#11864594)

To bad the RIAA would NEVER allow the fact that it isn't illegal to stop them from prosecution...

woohoo (0)

skinnedmink (637713) | more than 9 years ago | (#11864595)

back to downloading...

RIAA Dream Team Lawyers Fail? (4, Interesting)

tabkey12 (851759) | more than 9 years ago | (#11864604)

Is this only the second time an international foray by the RIAA/MPAA groups has failed (the first being the failed prosecution of DVD Jon)?

Still, very real questions about the legality of this service have to remain...

Re:RIAA Dream Team Lawyers Fail? (5, Informative)

reifchen (653375) | more than 9 years ago | (#11864754)

Whilst (like most /.'rs) I haven't done a full investigation, I don't think that the RIAA was directly behind this.

Instead, try the IIPA [iipa.com] , (which the RIAA is a member of), which has requested that the US govt place trade restrictions on certain countries [iipa.com] due to copyright infringement issues.

This is, unfortunately, one of those times where the sheer size of the US of A economy can, through the careful applications of trade sanctions, have dramatic effects on the economys of other countries.

Hence, it is not surprising that if trade sanctions are insinuated, countries may well roll over and go after entities that aren't abiding by US (copyright) law (but are abiding by that country's laws), or alter their (copyright) laws to be more closely conforming with US (copyright) law.

Redundant & Overrated (0, Redundant)

Laurentiu (830504) | more than 9 years ago | (#11864612)

... but in Soviet Russia, MP3s listen to YOU!

Re:Redundant & Overrated (0, Offtopic)

tabkey12 (851759) | more than 9 years ago | (#11864622)

when people give their own mod scores in the title, it take all the fun out of knocking them down :(

Re:Redundant & Overrated (1)

Laurentiu (830504) | more than 9 years ago | (#11864682)

I know, I know... but I had to get that out of my system. Still new to the whole /. thing, you know ;)

That was a "nice" loophole in the russian legislation; I wonder how long it will take before other such services will get some cheap webspace with a russian ISP. I bet the Kazaa folks regret not thinking about moving to Moskow instead of down under.

Next week on Slashdot: (4, Funny)

Soat (863792) | more than 9 years ago | (#11864619)

KDE team develops their own music service, called KMart. Martha Stewart sues, but goes back to jail when a background check reveals she's been pirating music for years.

If it's illegal... (4, Interesting)

shamilton (619422) | more than 9 years ago | (#11864620)

Then why are people paying to download songs? You can get high quality album rips off ed2k for free, and it's just as legit.

Re:If it's illegal... (2, Interesting)

tabkey12 (851759) | more than 9 years ago | (#11864663)

2 reasons:
Because the RIAA cannot easily monitor who is downloading what from AllofMP3, whereas ed2k is much easier to monitor & pollute
Because not everyone wants FLAC or MP3 - It is handy to be able to download songs in AAC for instance for iPods but without the annoying Apple DRM

Re:If it's illegal... (2, Insightful)

BigDumbAnimal (532071) | more than 9 years ago | (#11864720)

Why not use MP3 on an iPod? It works just fine. There isn't much of a reason to pick AAC over MP3 assuming no difference in the original source.

higher quality at same bitrate (1, Informative)

Anonymous Coward | more than 9 years ago | (#11864860)

Yes there is - MP4 (AAC) is higher quality [mp3-tech.org] than MP3 at the same bitrate.

Re:If it's illegal... (1)

_Hiro_ (151911) | more than 9 years ago | (#11864688)

Theoretically, if you are unaware that the content is illegitimate, have no way of possibly knowing same (which is no longer the case), and pay for the service, they're legally liable, not you.

Plus apparently there is SOME content on allofmp3 that is legal, since it's stated only some is not.

Re:If it's illegal... (1)

shutdown -p now (807394) | more than 9 years ago | (#11864759)

You can get high quality album rips off ed2k for free, and it's just as legit.
Yes, but on ED2K, you don't get them nicely categorized by artist/album/genre/whatever, with all tags properly filled in, and album cover art provided.

You might also waste more traffic (in $) on ED2K overall because of people uploading from you while you download the mp3s.

Besides, it's pretty hard to find music in lossless formats (e.g. FLAC) on P2P networks, and that's what some people want to get (and what Allofmp3 provides).

Re:If it's illegal... (1)

shamilton (619422) | more than 9 years ago | (#11864799)

I agree that FLAC would be nice, and especially in the case of moderately obscure music, it's hard to find anything better than 192kbps MP3, which I consider acceptable. But what evidence do you have that allofmp3 isn't just downloading mp3s off of ed2k and enFLACing those, as opposed to proper master material?

Re:If it's illegal... (2, Informative)

strider44 (650833) | more than 9 years ago | (#11864984)

Service. You get relatively high speeds, a broad selection of songs, choise of format, choise of quality, general anonymity from the bad guys, and a nice thank you for using their service. Don't you think it's worth US$10 for that?

Besides, it hasn't been proven by Russian law to be illegal. All they are saying is that they think that it might be illegal, but they can't do anything about it anyway.

Loophole? (0, Insightful)

Anonymous Coward | more than 9 years ago | (#11864626)

It's not a loophole, it's the law.

This is only round one... (2, Insightful)

WIAKywbfatw (307557) | more than 9 years ago | (#11864627)

Expect a round two after that particular loophole in Russian copyright law has been closed. I don't see Allofmp3.com winning after that's happened, do you?

Re:This is only round one... (5, Interesting)

GigsVT (208848) | more than 9 years ago | (#11864728)

Come on, you all can't be that naive. Allofmp3 just paid off the right people. If, someday in the future, they no longer pay off the right people, then it will become illegal and able to be prosecuted.

This is the normal way russian law works.

Re:This is only round one... (1)

castlec (546341) | more than 9 years ago | (#11864908)

i think it's a general slavic thing. corruption is rampant here in the czech republic where i live and you hear people say the same things about other slavic countries. it's probably remnants of USSR corruption as the cause but it's still pretty visible.

Re:This is only round one... (1)

swv3752 (187722) | more than 9 years ago | (#11864767)

I don't see tham staying online after the new law, but nothing happening to them as most countries legal principles exempt past behavior from new laws.

becuase ;-) ??? (-1, Troll)

jomagam (512625) | more than 9 years ago | (#11864635)

Plaese fxi !

Re:becuase ;-) ??? (1)

Dr.Opveter (806649) | more than 9 years ago | (#11864652)

becuase of a loophole in russian law which allows users create copies of songs by request.

Also, i think it's supposted to be: which allows users to create copies...

oh well

The process (4, Interesting)

FirienFirien (857374) | more than 9 years ago | (#11864640)

Fwict, a clarification of the legality is that 'if you make a copy, it's ok'. ie if you take the original (ie download the file) and DON'T leave a copy behind on the server (!), it's illegal. If you leave the copy on the server, it's legal. Which crazy drunk wrote that law?

Re:The process (5, Funny)

Skye16 (685048) | more than 9 years ago | (#11864651)

I donno, but I'd like to buy him another beer.

Re:The process (1)

justforaday (560408) | more than 9 years ago | (#11864785)

Which crazy drunk wrote that law?

I'm gonna go out on a limb here and say that the law was written well before the innerweb existed -- back in the days when content was distributed only via physical media...

good publicity... (4, Interesting)

dhbiker (863466) | more than 9 years ago | (#11864647)

thank god for the loophole!

But I'm even more grateful for the publicity that Allofmp3 has got, perhaps RIAA and other online music stores will sit up and take note that it is popular because of the freedom it offers and the fair price - its time to give the consumer their freedom back and realise the way to takle the piracy problem is to offer a good service at a resonable cost (and NO $0.99 IS NOT REASONABLE COST, that is the same per track as a CD!)

Re:good publicity... (1)

Xyl3ne (802919) | more than 9 years ago | (#11864699)

I've been saying that since the pay-per-*audio_format_here* business started getting big. If I am going to buy music I'll be a CD and rip it to whatever format I please (and use it on whatever audio player (as well as it supports the format)), and have something physical like inserts and cover art.

Anyways, I think it was posted recently that music download prices may be INCREASING.

Re:good publicity... (1)

Xyl3ne (802919) | more than 9 years ago | (#11864725)

I feel stupid. I meant "(as long as it supports the format)".

Re:good publicity... (2, Interesting)

janaagaard (169810) | more than 9 years ago | (#11864781)

Allofmp3's prices might seem fair to the users, but I'm pretty sure that the artists don't agree on that. I don't know how many royalties pay (my understanding is that they do pay some royalties), but it seems obvious to me that their pricing scheme is solely based on their bandwith cost. My guess is that they just buy one original cd and then makes any number of copies of that cd. Apple has said that at 99 cent per song they don't make any money on selling music, so I don't really see how you can lower that cost.

Do not consider music from Allofmp3 as legal! You're stealing from the artist.

Re:good publicity... (1)

AKnightCowboy (608632) | more than 9 years ago | (#11864825)

Do not consider music from Allofmp3 as legal! You're stealing from the artist.

Slight correction... you're stealing from the record companies. The artist only sees a tiny percentage of that 99 cent iTunes download while the record company gets the vast majority of it to pocket for taking such a risk on publishing and promoting the artist.

Re:good publicity... (1)

doofusclam (528746) | more than 9 years ago | (#11864835)

You're right, buying from allofmp3.com is probably not paying much to the artist. You could however say the same for the 99c tracks you download from iTunes et al. Paying the RIAA != paying the artists.

The only different from my point of view is that at least allofmp3.com aren't gouging their customers.

Re:good publicity... (2, Insightful)

Laurentiu (830504) | more than 9 years ago | (#11864930)

Dear Mr. Flamebait,
We walked down that "stealing from the artist" path before, haven't we? Hear this:

You definitely can record songs off the radio or TV (whether to a cassette or any other medium) for your personal use. This was settled aages ago by a legal case that defined such personal use of broadcast material as being ok under (U.S.) copyright law. This is not considered stealing. Furthermore, this is, as far as I can tell, the famous "loophole".

As far as I know, Internet is a broadcast medium. The question is not wheter I, as the "downloader", am "stealing" from whoever. It's the "broadcaster" - in our case AllOfMP3 - that should take care of the royalties (if any). And that only if they're applicable under russian law, because that's where the company and their ISP is located.

That being said, it should also be noted that the operation cost in Russia is bound to be lower than in U.S. Don't believe bandwidth is expensive just because you pay an overpriced bill at home.

Sincerely etc etc.

Grate Editng Slshdut Modss (-1, Troll)

JavaSavant (579820) | more than 9 years ago | (#11864693)

"...becuase of a loophole in russian law..."


Is it too much to ask that there be some basic editing, or is this like that article a while back where people see the same word in spite of how misspelled it may be?

Payment methods (0)

IncredibleDunc (865604) | more than 9 years ago | (#11864705)

Setting aside the question of whether it's legal or morally acceptable, something dodgy is going on.

You can pay by Dinners Club or JSB. I've never heard of those.

Re:Payment methods (5, Insightful)

doofusclam (528746) | more than 9 years ago | (#11864730)

I've bought loads of albums from allofmp3 without a problem. Don't think they're dodgy just because English isn't their mother tongue.

And as stated before, if only the *other* legal services had their level of service - they allow you to download unencrypted files in any format/bitrate you like, from mp3 to mpc. That makes them worth using in my opinion.

Re:Payment methods (1)

sboss (13167) | more than 9 years ago | (#11864776)


Dinners Club is an older Credit Card service that is not very popular in the US anymore. JSB is overseas (I think Europe but not sure).

Re:Payment methods (1)

jmcneill (256391) | more than 9 years ago | (#11864830)

I've got a corporate Diners card. Diners Club cards are now accepted anywhere that Mastercard is accepted. Diners is not huge, but it's certainly not (as the parent poster said) dodgy.

Re:Payment methods (1)

grandmofftarkin (49366) | more than 9 years ago | (#11864918)

He means JCB. A popular credit card in Asia. Whilst they can be used in Europe I don't know any bank that actually issues them here in the UK at least. Here is there US website.

P.S. Dinners Club is a charge card. Not a credit card (google if you don't know the difference).

Re:Payment methods (1)

grandmofftarkin (49366) | more than 9 years ago | (#11864942)

Damn, forgot to actually include the link to the US Website [jcbusa.com] ! ;-)

Re:Payment methods (2, Interesting)

grandmofftarkin (49366) | more than 9 years ago | (#11864865)

You have never heard of Diners Club!? Diners club is a charge card (similar to American Express). In fact it was the first of its kind accepted in a small number of resturants as far back as 1950. Granted it is not the presence it once was but it is still accepted in just about every major hotel and restaurant in the world (in addition to numerous shops, both on and off line). I don't think that it is dodgy that they accept Diners Club cards. (Oh and if I recall correctly Diners are now owned by Citibank, who certainly aren't a small banking group).

Here read this for a quick background:
http://www.dinersclubnewsroom.com/anniversary.cfm [dinersclubnewsroom.com]

Re:Payment methods (1)

swv3752 (187722) | more than 9 years ago | (#11864940)

They meant Diners Club. http://www.dinersclub.com/en/index.html

It is not that popular in the US anymore, but if you have never heard of it, then you need to get out more.

JSB is probably a reference to JSB UniversalBank.

Re:Payment methods (1)

grandmofftarkin (49366) | more than 9 years ago | (#11864988)

JSB is probably a reference to JSB UniversalBank.

Are you sure he doesn't mean JCB (a popular credit card in Asia)?

JCB cards are also accepted in Europe (and maybe even the US, I didn't pay attention for the logo when I was last out there) for the benefit of tourists (though no European bank that I know of actually issues them).

Looking for bribes (1)

ameline (771895) | more than 9 years ago | (#11864714)

The officials involved and the legislators too, probably, are looking and seeing a wealthy foriegn organization that wants them to take action which will result in money flowing out of the motherland. That will take some serious bribes to bring about that outcome.

I love russian copyright laws (1)

st_allis (859629) | more than 9 years ago | (#11864739)

I love russian copyright laws!

So what happens if... (1, Funny)

markmcb (855750) | more than 9 years ago | (#11864742)

...I go beat down some old lady in Russia, break into her house, and then rip all of her CD's onto my laptop? I mean, it's illegal, but I'm protected by that loophole... right?

Re:So what happens if... (1)

that IT girl (864406) | more than 9 years ago | (#11864773)

Apparently you could only get in trouble for the beating and breaking in. Are you sure some old Russian lady would have your taste in music?

Re:So what happens if... (1)

markmcb (855750) | more than 9 years ago | (#11864791)

I'm always open to new music... even if it's old. Anyone know of any good deals on Russia-bound plane tickets? :-)

woohoo! (1)

that IT girl (864406) | more than 9 years ago | (#11864749)

A friend of mine have been keeping an eye on this whole court case thing. Good to know we'll have our favorite download spot for at least another year or so. Even if they had been shut down, though, there are plenty other little places out there if you look hard enough. ;)

Re:woohoo! (1)

Tony Hoyle (11698) | more than 9 years ago | (#11864990)

Even if they went 100% legit (and they may well do as staying afloat is worth it to them) their prices wouldn't go up much - CDs in russia just don't cost that much.

They'll probably never reach iTunes levels.

Oh the irony (3, Interesting)

Anita Coney (648748) | more than 9 years ago | (#11864750)

Citizens in Russia have more rights than we do!

Re:Oh the irony (1)

njfuzzy (734116) | more than 9 years ago | (#11864837)

Unless you mean the right to control the distribution of our creative output, so we can make a living without making something physical.

Re:Oh the irony (1)

pardasaniman (585320) | more than 9 years ago | (#11864886)

In Soviet Russia, Citizens have RIGHTS!!

Re:Oh the irony (0)

Anonymous Coward | more than 9 years ago | (#11864901)

Where is the irony?

I guess the US really did have the upper hand in brain washing techniques.

Re:Oh the irony (0, Troll)

JavaLord (680960) | more than 9 years ago | (#11864915)

Citizens in Russia have more rights than we do!

Sure they do, if you consider stealing a 'right'.

hmm (2, Interesting)

ywwg (20925) | more than 9 years ago | (#11864757)

sounds like someone did their research before putting up this service.

mo=d dowN (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#11864765)

Words, don't get resound as fitting In posting a GNAA THINKING ABOUT IT. development model eyes on the real tossers, went out Let'5 keep to 800 w/512 Megs of OS I do, because

Sure... (2, Insightful)

Anita Coney (648748) | more than 9 years ago | (#11864805)

You get to download great music in lossless formats at low prices... BUT... you also have to give your credit information to someone in Russia.

Is ANY song worth that?!

Re:Sure... (1)

iceteep (771873) | more than 9 years ago | (#11864851)

They take paypal. No problem.

Re:Sure... (2, Insightful)

Anita Coney (648748) | more than 9 years ago | (#11864867)

Heck, I'd give out my credit information to someone in Russia rather than to deal with Paypal. Those guys are REAL criminals!!!

www.paypalsucks.com

Re:Sure... (1)

geniusj (140174) | more than 9 years ago | (#11864943)

My transaction count stands at 1000+ with no issues thus far. I think it is way overblown.

Re:Sure... (1)

Gunson (633323) | more than 9 years ago | (#11864902)

http://www.simon.com/giftcard/

Its prepaid. If they really wanna steal the 3 dollars i have left on my card thats no problem.

Damn 3 bucks is like 150 songs!!!

Re:Sure... (1)

Anita Coney (648748) | more than 9 years ago | (#11864932)

Thanks for the info! I have to admit, I'm interested.

Re:Sure... (0)

Anonymous Coward | more than 9 years ago | (#11864977)

That would certainly prevent me from using thier service. Perhaps you could use a prepaid credit card, that way the most they could take you for is the stored value on the card.

The real use of Allofmp3.com (3, Informative)

neoviky (847643) | more than 9 years ago | (#11864806)

As the website has all the music imaginable, much more than the corporate stuff, I am using the site to sample entire albums in a low quality stream that they provide, which is pretty cool. There is always some music, that you want to check out, like for example an obscure Pearl Jam CD, but I'm lazy enough that I cannot really go thru the pain of downloading it, either from kazaa/bittorrent or if at all possible, legally thru itunes!(as if!). Latelly I was able to search and stream the really obscure but amazing albums of Candlebox, Chicane, and Dracula... in less than 10 seconds. I just started streaming in Winamp at 24kbps. I find all of my old worn out tapes suddenly so much accessible, like in the old days when we did listen to entire albums!! Vicki

If the glove doesn't fit, you must acquit! (3, Informative)

Dantelope (144810) | more than 9 years ago | (#11864815)

"Basically, even though the courts have found their site operator's behavior to be illegal- they can't prosecute because the user dynamically creates copies of songs to be downloaded themselves."

I think what you mean is this:

Basically, even though the music industry wants the site operator's behavior to be illegal, it isn't because...

According to your statements, the loophole makes the behavior legal, which is why they can't prosecute.

Quite simply, if it's illegal and there is evidence, then the case can be prosecuted. In this case, it's not illegal (loophole), ergo, no prosecution.

Re:If the glove doesn't fit, you must acquit! (1)

deimtee (762122) | more than 9 years ago | (#11864976)

I think what they may be saying is that the user is creating the copy and thus the site is not breaking the law, the user is. That means that there is a distinct possibility that the ??AA will start going after their customers if they can find them.

Mmm, Justice in Action (1, Insightful)

jandrese (485) | more than 9 years ago | (#11864838)

It sounds to me like the site operators of Allofmp3 did a pretty good job of bribing whoever they needed to get the case thrown out of court.

But how long can it last? (1)

mr_RR (803470) | more than 9 years ago | (#11864840)

Even though allofmp3.com may be operating in an underhanded fashion, it is ironic that they are continuing their operation based on legal loopholes, given that the American recording has done the same thing in its attack on fair use, invasion of privacy, and filing of John Doe lawsuits.

Looks like the recording industry isn't too happy about the use of loopholes when its directed against them.

In the grand scheme of things, though, allofmp3.com won't last, since it holds condiderably less political influence than the Russian recording industry, and I'm sure they'll have to change their business model within not too long if they wish to stay in business. While allofmp3.com has been a great force in driving online music sales, and being a measure of quality, convenience, and ease that all other pay services are compared to, their current business model is just not sustainable.

It's an easy choice.. (1)

Mage66 (732291) | more than 9 years ago | (#11864844)

I simply won't buy music from this website.

I want to support inexpensive and LEGAL channels to buy the music I want.

Like ITMS (even though I dislike the DRM), MP3Tunes, WalMart, MusicMatch (ditto for the DRM) and other sources...

Re:It's an easy choice.. (1)

doofusclam (528746) | more than 9 years ago | (#11864864)

I simply won't buy music from this website.


I want to support inexpensive and LEGAL channels to buy the music I want.

Like ITMS (even though I dislike the DRM), MP3Tunes, WalMart, MusicMatch (ditto for the DRM) and other sources...


Yup, you go right ahead and pay more for a crippled and lower quality download than you'd pay for a real CD...

I'm not saying allofmp3 are doing something good, but they are putting one in the eye of those who claim $.99 is the minimum a company can provide downloadable tracks for.

Re:It's an easy choice.. (1)

dago (25724) | more than 9 years ago | (#11864950)

It is legal*.

* Depending on your location. Do not apply in the USA. It is legal to download copyrighted material in most european countries & Canada.

Not Ilegal != Ethical (2, Interesting)

jcromartie (841990) | more than 9 years ago | (#11864846)

I was hoping that the ruling would come back and say that this was legal and not just not quite illegal. A loophole in Russian law still doesn't make the site or downloading from it ethical.

Re:Not Ilegal != Ethical (1)

CashCarSTAR (548853) | more than 9 years ago | (#11864928)

Who cares if it's ethical? Seriously. That's not the standard most people go by, to be honest.

People buy used CDs all the time, even though that's not ethical. It's accepted practice. Yet downloading samples of music to see if you like it, so you can then go out and buy new music is illegal, yet way more ethical.

Virtual Bootlegs (1)

darkgray (657520) | more than 9 years ago | (#11864921)

Would someone mind explaining to me how this is different from bootlegging? I haven't followed the allofmp3.com story too closely.

Service Cost (1)

keno1929 (468406) | more than 9 years ago | (#11864960)

How much does this service actually cost? The web site doesn't seem to come out and say clearly.

Re:Service Cost (2, Informative)

macdude22 (846648) | more than 9 years ago | (#11865001)

.02 Per MB, dime a song on average.

I wonder (2, Interesting)

guru42101 (851700) | more than 9 years ago | (#11864979)

If this is basically the same loophole in a sense that makes it more or less legal to borrow a CD and burn a copy, but illegal to recieve a burned copy from the same source.
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