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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 peritusONE 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 peritusONE 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)


By peritusONE on 5/28/2008 12:41:55 PM , Rating: 1
quote:
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)


You can't define a "real" musician by judging if they want to make a fine living at it. Some people love music so much that they want to share it with as many people as they can, something that won't be paid for simply by $20 covers and no cds to promote themselves and get people to show up.

Besides, even if a song or album contains a lot of "candy painted whip", etc lyrics, why can't someone else like it? Music is so subjective, just because you loathe a type of music doesn't mean others can't enjoy it. I'm sure you're the type of person to be the first to call someone a sheep, but when it comes to music, only the kind you like is the only kind that matters in this world.

Consider this my third post that will quickly delve to -1...


By DigitalFreak on 5/28/2008 2:13:43 PM , Rating: 2
quote:
Consider this my third post that will quickly delve to -1


Waaaa. I would rate you down because you're an idiot, not because of what you're saying.


By peritusONE on 5/28/2008 6:17:59 PM , Rating: 5
quote:
I would rate you down because you're an idiot, not because of what you're saying.


I really appreciate the elaboration. /rolleyes

Why exactly am I an idiot? Different strokes for different folks. I hate it when the geeks and dweebs of the internet justify their piracy of music saying that all music is crap. On one hand, music is subjective, so just because you don't like it doesn't mean it shouldn't exist. On the other hand, if all music is crap, then why are you going out of your way to illegally aquire it?


New Business Model
By LyCannon on 5/28/2008 11:37:14 AM , Rating: 3
Here is a proposal for the music industry. Give every song away at 64-bit stereo, perhaps even 128-bit. Release all new music on DVD-Audio. Let people get some lesser quality music for free. I think the reason piracy is so rampant is relative value and quality.

Yes, I can download a cam video of the latest movie in the theater. But the quality sucks, so I go and buy tickets. While the cam shot is good enough for some, most consumers still opt for the high quality.

But, why would I shell out $15-20 for a CD when I can get the same quality flac for free? However, if I can get a DVD-audio or Blu-Ray Audio disc for $15-20 that has significantly* better sound quality , then perhaps those new discs are starting to look good again.




RE: New Business Model
By mcturkey on 5/28/2008 12:06:22 PM , Rating: 2
It's too late for that. The fact is, millions of consumers buy or download 128k MP3s and don't realize how much worse it sounds than even a standard CD. They don't care anymore, and their computer sound cards/speakers and MP3 players rarely offer the output to really even notice the difference. Consumers (especially in America) seem to not care about audio quality. If the RIAA offered free downloads of MP3s at a quality low enough to be noticeable, consumers would keep right on pirating or buying their MP3s elsewhere.

You can't effectively take DVD-Audio or BR Audio with you anywhere you go unless you rip it to some other format and put it on your portable music player (read: people would still rip those tracks to MP3).


RE: New Business Model
By LyCannon on 5/28/2008 6:39:11 PM , Rating: 2
Trying to work with the digital age to find a cost effective solution for the company and the consumers is infinitely much better than suing the customers you want back.

Perhaps artists should just boycott the RIAA and publish their own content. Nine Inch Nails has recently shown that this approach can work.


RE: New Business Model
By overzealot on 5/29/2008 12:19:33 AM , Rating: 2
The true digital revolution, cutting out the middleman and providing media in whatever.
I just love the "all this money" spiel by Courtney Taylor on "Dig!", after shooting their first video clip.


RE: New Business Model
By JustTom on 5/30/2008 12:35:35 PM , Rating: 2
The Nine Inch Nails experiment proves nothing. When it is replicated then it might prove to be a solution. Paying for something you can get for free once is one thing doing it repeatedly an entirely different thing. I doubt very much that people will pay for things they can get for free if the free option is readily available.


RE: New Business Model
By ICE1966 on 5/29/2008 8:02:06 AM , Rating: 2
The thing for me is the quality of the music that we can buy now. I hear so many singers and groups out there but the problem for me is that most of them sound the same. There is no distinct difference. I mean we you would here a song start playing you knew if it was journey or if it was def leppard, thats not the case now. the creative aspect is just not there anymore.I know some of you will disagree but thats ok, I know what I want to spend my money for. I get really tired of buying a new cd only to find 2-3 tracks out of 10-12 that are worth listening too. I fault that to the artist and more so to the producer of the music. I am a studio musican, and in the past 23 years I have had the pleasure to play for some great artist, but those great artist are few and far between now. The use of to much sampling and digital effects has really washed out the quality of the artist. Hell just about anyone can take a computer program and create something that someone will be stupid enough to buy. get the music back to where its good again, I mean truly great, and people will buy again. maybe the riaa should look at a differnt way of selling the artist music instead of hassling people so much. Alot of times I only want to download a couple of tracks but hell I don't want to pay $5 for each one of them.


Wait Luke, there is another
By rippleyaliens on 5/28/2008 10:44:00 AM , Rating: 3
I have been raising my children, to not even think about purchasing music CD'S PERIOD.. Glad blue ray is the winner, for when it is time for them to get into that, it is JUST toooo much in capacity to warrant ripping. (in todays world).
I am not a file share master.. but after all of this, i refuse to contribute a 1$ to buying any type of music. HD radio, / Satellite radio is just fine with me.

Tired of paying $12-18 for 1 cd, with 2-3 good songs.. CD breaks, i am jammed out of 12-18.. over time, that is money..

Now with this economy, you can forget that.. The weekend movie events have turned into, "Eat before you go to movie, and we are only seeing these movies, THIS YEAR ONLY"

Even Block Buster - Rentals are only for special weeeknds..
I'm not cheap, but MAN!!! it is costing me $350 a month, in fuel. And i get 24MPG. NOT the greatest, but not a honda. PS i have been in a crash my mustang at the time, VS a Honda Civic. ME= Airbag headache, and running to the honda, to help them get out of their car safely. Honda= 1 person 2x arms broken (OUCH), other, needed the jaws of life. and it was only a T Bone, going 35mph, no baby cars for me..

But back to music, 3x Cd's a month=$60 (Gas to go get them, +cd) Well, that is 3 movie trips (1 adults 2 kid)
1-cd= 5% of my monthly Fuel- ah nooo..

So yah, there is another- Another way to entertain ourselves, versus emersing ourselves in music




RE: Wait Luke, there is another
By pomaikai on 5/28/2008 1:56:07 PM , Rating: 1
Only a tbone at 35MPH? That is one of the stupidest statements I have heard. The only thing between a 3600lb object and a person in a tbone is a door. The other car has the entire front of the car between them and the car they tboned. If a larger truck would have tboned them it would have been much worse for the tboned driver(possibly death), but better for the truck driver. Yes go buy bigger cars for saftey even though it means a higher chance of killing others. I would rather break my arms if it would save someone elses lives.


RE: Wait Luke, there is another
By 9nails on 5/28/2008 10:47:55 PM , Rating: 2
FYI 35MPH is where the crash experts find the most deaths start to occur. Next time you go 35 stick your head out a window, but don't be surprised if it doesn't come back. It just might be going home with someone else!

True that Honda's are made out of origami paper and get good gas mileage. But that Mustang would get good MPG if it was made out of origami paper too. The less weight your car has, the less power needed to move it the same speed. If we could rethink the car, driving Styrofoam blocks with lawnmower engines would be the most economical way to go, and crashes at 35 would involve so little force that it would be comical. With an ultra-light weight car, you would exchange phone numbers only if the other driver was cute!


Mission Accomplished
By napalmjack on 5/28/08, Rating: 0
RE: Mission Accomplished
By Macelind on 5/28/2008 10:16:12 AM , Rating: 2
Whatever happened to Yakov Smirnoff?


RE: Mission Accomplished
By kondor999 on 5/28/2008 11:29:34 AM , Rating: 3
Sorry. I still think this internet meme is funny.

What's wrong with me? I think I'm becoming easily amused...


Riaa
By bendrx on 5/28/2008 10:50:50 PM , Rating: 2
People true to their art do not look for monetary gain.One day this will come to the forefront.Pirates only exist to the ______.You fill it in.




RE: Riaa
By bendrx on 5/28/2008 11:14:14 PM , Rating: 2
and movie or tv actors/writers and such are not artists ,i don't care what anyone says.and that goes for musicians too.you give away glossy's and demo's when no one knows ya,but ehn want a fee?,because they like appreiciate what your trying to express? but thats not art.bunch of damn whores trying to fain some kinda bs.gnite.


$1.65 trillion
By jax1492 on 5/28/2008 4:00:26 PM , Rating: 3
$1.65 trillion ... we could just invade Russia and take the whole country over for that much ... bush has like 7 more months.




ONE HUNDRED
By Reclaimer77 on 5/28/2008 5:23:38 PM , Rating: 3
"one HUNDRED billion, gagillion, fafillion, shabolubalu million illion yillion... yen." Dr. Evil

The sum of this lawsuit is so insane I demand the pic for this article be change to one of Dr. Evil !!!




Great news!!!
By madoka on 5/28/2008 1:35:13 PM , Rating: 2
Instead of chasing after a company making millions, the RIAA can now use their funds to go after even more dead people, the homeless, grandparents with no computers, single mothers, etc. I mean, why go after the big fish, when there are so many innocent small fish to fry?




fear
By lazylazyjoe on 5/28/2008 8:10:36 PM , Rating: 2
It's all merely scare tactics. Like how executions throughout history have alway been in public. If you see the horror of the punishment, it will induce fear. They sued a bankrupt company (Torrentspy) for over 100 million. And the ridiculous amount of 9k a song for people who don't settle immediately out of court. Their whole method is based on instilling fear. Not that I support IP theft, but using fear and extortion methods is not the correct way to combat this. They forget that the same people who they are coming after are usually their customers too.
Personally, I haven't bought a new cd or dvd in years. There's plenty of internet radio and vid. streaming sites,(like hulu). There's also lots of independent labels and lots of used media to buy.




lol
By beavischongus on 5/28/2008 10:09:53 PM , Rating: 2
"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”"

It's the equivalent of some kid in youtube comments who knows hes wrong spouting "You got owned. Nice try, but fail"




MANY other such services exist
By fred4444 on 5/30/2008 1:41:45 PM , Rating: 2
There are about 20-25 services similar to mp3sparks/AllOfmp3. ABout 5 have the same sized inventory as allofmp3. Most accept credit cards. This isnt going away anytime soon. mp3fiesta is not the largest




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