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Is the resilient Russian MP3 supersite finally down for the count?

The RIAA dropped its $1.65 trillion lawsuit against Russian music-download site AllOfMP3.com, declaring victory and calling the site “defunct and out of business” thanks to the RIAA’s anti-piracy lobbying.

The lawsuit, originally filed in 2006, sought the maximum $150,000 penalty for the site’s alleged 11 million unauthorized downloads, totaling $1.65 trillion -- an amount that exceeded the Russia’s 2005 GDP. At the time, AllOfMP3 parent company MediaServices  claimed it operated under a bulk license granted to it by Russian Organization for Multimedia and Digital Systems, allowing it to operate legally under Russian law.  It is widely considered that these claims were affirmed when Russian courts acquitted the site’s former owner, Denis Kvasov, of criminal copyright infringement charges in August 2007.

Nevertheless, the Russian government shut down AllOfMP3 last July after United States government diplomats threatened to block the Russia’s entry into the World Trade Organization if AllOfMP3 went unaddressed.  The site’s storefront operations moved to MP3Sparks.com last July – MP3Sparks is owned by the same company – and AllOfMP3 changed into a low-traffic blog detailing its odyssey with music executives and a handful of news stories.

RIAA representatives provided no comment when asked for specifics on why they dropped the lawsuit.

Lawyers for MediaServices said that the RIAA “never correctly commenced the proceeding in the first place,” referring to the fact that the RIAA filed its lawsuit in a New York U.S. District Court, even though MediaServices had no business offices in the United States. “This suit is unjustified as AllofMP3.com does not operate in New York,” said the company’s December 2006 response. “Certainly the labels are free to file any suit they wish, despite knowing full well that AllofMP3.com operates legally in Russia.”

Despite the RIAA’s self-proclaimed victory against MediaServices, MP3Sparks remains in business. Critics have been quick to note this fact, wondering why the RIAA would make such a huge mistake.  But a closer look at MP3Sparks reveals that its primary lifeline, credit and debit card processing, is cut.  Customers wishing to refill their MP3Sparks account can only do so through esoteric third-party payment schemes, and a Wikipedia article on AllOfMP3 notes that there are currently “no functional methods by which users can make payments for MP3Sparks downloads.”

Still, MediaServices attorneys remain optimistic, noting that the RIAA had a “rare triumph of good sense” in its decision to abandon the complaint against AllOfMP3.com. MediaServices now has bigger problems. With AllOfMP3 a shadow of its former self, and MP3Sparks essentially bleeding to death, competing Russian-legal download sites like MP3Fiesta.com have since moved in for the kill – and for now, they take credit cards.

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One down, million more to come.
By Cunthor666 on 5/28/2008 5:35:59 AM , Rating: 5
Whatever the RIAA thinks, Russians will get back at them in some form or another. Piracy will never stop as long as people have computers and internet connections.




RE: One down, million more to come.
By OAKside24 on 5/28/2008 5:52:00 AM , Rating: 5
Zero down. AOMP3 simply moved to MP3S, another very similar, very fine site "recovering" from the credit card co. issues. All the RIAA is good at is pissing people off and using their unlimited funds to try to scare the masses into not sharing music.


RE: One down, million more to come.
By longshot94 on 5/28/2008 9:24:51 AM , Rating: 3
MP3Sparks accepts credit card payments.


RE: One down, million more to come.
By jodgi on 5/28/2008 2:06:22 PM , Rating: 2
quote:
MP3Sparks accepts credit card payments.

Why are you saying that? Last time I checked back to try, it was still impossible to add funds.


By Datalyss on 6/18/2008 2:15:15 AM , Rating: 2
quote:
MP3Sparks accepts credit card payments.


Well, not mine. I just went there, and got "Unfortunately credit card payment is not available at the moment. Please come back later or try another method of payment."

I currently use MP3Fiesta.


RE: One down, million more to come.
By blurredvision on 5/28/08, Rating: -1
RE: One down, million more to come.
By DigitalFreak on 5/28/2008 2:10:23 PM , Rating: 5
quote:
If the RIAA wants to sue people who is giving away copyrighted material, then why shouldn't they be allowed to, regardless of what you think is fair pricing or good music?


Because once again, the RIAA skirts the law and gets the government to do their dirty work for them. The site was legal under Russian law. The only reason they got shut down was because the RIAA has enough cronies in the US government to threaten Russia with WTO access. Total bullshit. The RIAA is no better than the supposed criminals they are fighting.


RE: One down, million more to come.
By rudy on 5/28/08, Rating: 0
RE: One down, million more to come.
By TheOneStorm on 5/28/2008 8:20:16 AM , Rating: 4
While you may be right, the company was a legal music distribution company in Russia; not a distributor for piracy...


RE: One down, million more to come.
By bfellow on 5/28/2008 8:57:27 AM , Rating: 3
AllofMP3.com just renamed their website and bought a different domain name and basically move everything to another location.

What a "victory" by the RIAA


RE: One down, million more to come.
By mmntech on 5/28/2008 9:07:38 AM , Rating: 5
Of course. Instead the RIAA/MPAA just spends their time attacking us legitimate users who want to rip our CD and DVD collections for personal use, or tape American Gladiators. I must admit watching this fiasco is a lot more entertaining than the content they're actually selling. More twists than an M. Night Shyamalan film, and more stupidity and bad business decisions than an Uwe Boll movie.


Ahah
By BruceLeet on 5/28/2008 7:20:06 AM , Rating: 3
quote:
RIAA representatives provided no comment when asked for specifics on why they dropped the lawsuit.


They dropped it because they won and the site is shut down, Chyeah, right! People still have mp3's that are unpaid for, they knew they weren't going to get the money. So they hold their heads high and declare a half-assed "victory"?




RE: Ahah
By eye smite on 5/28/2008 8:26:37 AM , Rating: 2
Well, thinking back.............when has RIAA ever showed common sense about anything? I'd say they're completely greed driven looking at their actions.


RE: Ahah
By blurredvision on 5/28/08, Rating: 0
RE: Ahah
By poothedrew on 5/28/2008 12:45:45 PM , Rating: 2
Perhaps the market has determined the value of the content.
Last time I checked the only reason CD's are not selling as well is because they are buying DVD's and games with the money they used for CD's. Companies claim music sales are down but ignore the fact the we have finite disposbable income.


RE: Ahah
By Set271 on 5/28/2008 4:40:24 PM , Rating: 2
I agree with blurredvision. Content can be bad as well as good or even great, I say tamato...you say tomato. I have a music collection, lots of cd's by the way, I bought them because I like the music, like where the artist went with that particular album. I bought them because I liked the sound the artist created or less often the lyrics. I paid for them, not because I want to support a record label, because I want to own a copy of the album or a certain track. I can now copy that content onto my computer and use it on my devices...legally. Those who say it isn't a bad thing to share/download copyrighted content are so self-centered. They probably drive over the speed limit and then complain about a ticket. That is, if their old enough to drive. Sharing/downloading of copyrighted material by a third party not authorized by the label or artist is PIRACY! No other circumstances warrant theft. It is illegal, why is that so hard to understand. Has any of the sharers/downloaders thought of themselves in the same position as the artists'. If it were their blood, sweat, and tears they'd sing a different ...tune.


RE: Ahah
By 9nails on 5/28/2008 10:26:07 PM , Rating: 2
quote:
If you produced a digital product that you intended to sell and make money from, and people started sharing it without any thought of buying it, wouldn't you be greedy and pissed too?


That's to say that if I copyright this pattern of zero's and one's (0011001) that nobody can reproduce it without my authority. Extending that out to a CD's digital audio file then comparing the file of the same audio under an MP3 and you'll find a new pattern of zero's and one's. In logic, you're not pirating if you download an MP3 conversion of CD Digital Audio since it is not an exact duplicate series of zero's and one's as compared to the original. It does offer some similarity in sound when reproduced in analog for humans, but its not the same digital product any more.

The fact that the RIAA can no longer produce quality albums leaving customers wanting the individual tracks is at the heart of this problem.

I've always felt that the CD case, it's artwork, and the disc itself was the tangible item that I was purchasing. The sound produced from the files were mine to use and share. I'm sure if we worked together I'd let you borrow the CD or listen to my radio. Sharing the MP3 is similar in circumstance in small amounts.

At some point, I would agree that a distribution license should be purchased if you're in a profiting business reselling the music. Having said that, I don't think that radio should pay for a license to play music even if they earn money from advertisers because they're not offering that music to you for distribution. The music from radio is offered to attract listeners but since the listeners aren't taking music directly from the air waves nothing is exchanged. In the end the radio promotes album sales just as MP3 use does.


RE: Ahah
By JustTom on 5/30/2008 12:29:01 PM , Rating: 2
If you lend me your CD you can't listen to it. If you give me a mp3 you still can listen to yours.

If you don't want to purchase an entire CD purchase the individual tracks that you desire. It is not the most impossible transaction you know.


By uhgotnegum on 5/28/2008 10:58:18 AM , Rating: 2
...but what the RIAA does makes me think of whack-a-mole. I remember at Chuck-E-Cheese (I prefer "Showbiz") they had that game.

I honestly wonder if there is some sort of middle ground or new business model that could accommodate the free (read: don't pay for it) market and the make money business of music.

I'm pretty sure that if we figure it out, wars will stop, dogs and cats will get along, and Israel and Palestine will stop fighting.




By BadAcid on 5/28/2008 11:29:31 AM , Rating: 3
Making music shouldn't be about the business end, really. I think the real musicians are the ones that practice with their bands nights and weekends and play locally. I wish more people supported these folks by ponying up a 20$ cover and having a good time than going to the music store and ponying up 20$ to hear the same exact "Candy painted whip" "iced grill" "stacks of paper" lyrics in every album. (Or the "pain so real" "I hate loving you" white bread lyrics)