Print 17 comment(s) - last by mindless1.. on Dec 4 at 3:32 AM

AllofMP3 will stay in operation and stay legal says litigation counsel

The Bilateral Negotiations on Russia's Accession to the World Trade Organization outlines that pirate music websites within Russia will be taken down by June 2007.  The agreement specifically outlined AllofMP3 as an example of a pirate site.  Earlier today, AllofMP3 legal counsel held a panel discussion to talk about some of the allegations made about AllofMP3 during the last few days.

John Kheit, an intellectual property attorney hired on behalf of Chadbourne & Park to represent AllofMP3, immediately started the conference by claiming AllofMP3 has not broken any laws. He went on to say that AllofMP3 has not been contacted by Russian or U.S. authorities since the Bilateral Negotiations on Russia's Accession to the World Trade Organization.  AllofMP3 is not shutting down.

Kheit then emphasized that AllofMP3 operates legally in Russia. 15% of all profit on music sales at AllofMP3 is paid to Russian Organization for Multimedia and Digital Systems (ROMS), the Russian equivalent of the RIAA.  For Russian or foreign copyright holders to collect on the profits collected at AllofMP3, the holder must contact ROMS to petition for payment.  Since ROMS is non-for-profit, funds may even be retroactively requested since any contributions to the organization should still be maintained.

However, many record labels in the US have specifically not requested royalties from ROMS out of fear that collecting would effectively justify AllofMP3's existence.  Kheit countered this point by claiming that copyright holders merely need to show proof of copyright ownership to AllofMP3, and said works would be removed from the site.  To date, no entity has opted out of AllofMP3.

No one representing AllofMP3 could give an accurate count on the size of the service, though the site has widely been accepted as the number two online music provider behind iTunes.  Even though AllofMP3 recently lost its Visa and MasterCard portal, the company relies on a credit proxy called Xrost, which can be paid via Visa or MasterCard.

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Will we ever learn to seek the truth?
By Suomynona on 11/30/2006 6:54:34 PM , Rating: 3
Will politicians ever learn not to blindly trust big organizations? All politicians think that Russia is so different, but it's not. It IS exactly the same copyright laws as out own.

In Denmark it works the exact same way as in Russia. The organization representing the majority of rightsholders, also represent those who don't have an agreement. It is the rightsholders own responsibility to have an agreement with the organization. The only difference is that our danish organization in its rules says sites must use DRM. The prices are not even that different.

In Denmark it is only 12% and minimum 0.13 USD per track.

The funny (no it's not) thing is.. in Denmark ISPs are forced to block access to AllOfMP3 because it's an "illegal site". They (IFPI) imposed censorship on us based on a lie.

What do we see here? The difference is DRM!

..and what have we learned? Nothing.

RE: Will we ever learn to seek the truth?
By bobdelt on 12/1/2006 1:15:45 AM , Rating: 2
why in earth would we ever trust gov'ts instead of organizations...?

At least companies answer to the market and people... governments answer to nobody!!! They have a legal lisence to not only steal but also act in any way they wish. At least the market has a method to their madness... The record companies would be long gone if you all werent putting up with their insane prices, but you all do, so they are still here.

VOTE WITH YOUR WALLET. There is no ways these record companies exist if you stop paying them, so stop bitching and put your money where your mouth is. Or just shut up... either way works.

RE: Will we ever learn to seek the truth?
By Clienthes on 12/1/2006 6:37:57 AM , Rating: 2
Try voting with your vote first. I offer a 100% money back garauntee that your elected representatives will listen to you a lot sooner than the RIAA, especially if you get enough of your friends to contact them, too.

Remember, you probably live in a country where you elect your government officials (or at least the people who appoint them). Get involved with your government and see the effect it has. Regardless of what you think, an elected government is answerable to its citizens.

As a side note, I get really annoyed with all the antigovernment sentiment I hear when hardly anyone bothers to vote, let alone voice their concerns with their representatives/senators. You have to make an effort, too.

By Dfere on 12/1/2006 9:07:56 AM , Rating: 2
Well said.

Added: Record companies do not stop you from finding independent music on the internet. Far from it. But, if you want to buy indie music, it is a lot harder to find, and you will find a lot of junk first. So the companies do provide a service that makes them lot of money. When you complain about their prices, you are complaining against market forces, when you complain about the packaging and promotion, you are complaining you are too lazy to find music you like yourself and take a risk of purchasing junk. This is not a fault of our government.

When I was a youngin we did not have the internet and had no possibility of doing this. Suck it up, junior.

By bobdelt on 12/1/2006 9:43:58 AM , Rating: 3
I do vote. I guarentee if everyone stopped buying cd's and paying money to these record companies they would change their tune a lot faster than if I wrote my congressman a letter or vote for a different one, which I did.

As long as people are willing to put with it, which they are because they are still paying them, the RIAA will stick around.

By rykerabel on 12/1/2006 4:02:21 PM , Rating: 1
Easy choice for me. I prefer Industrial Music and Classical Music. Almost everything I want is either free or independently published.

I also vote regularly. (the next US presidential election is going to be the most entertaining one in the history of the US)

By mindless1 on 12/4/2006 3:32:10 AM , Rating: 2
Listen to individual consumers before industries with deep pockets? If what you claim were true, we wouldn't be in the situation we are.

As a side note, how silly is it for you to pretend you can assume those who have your arbitrary "antigovernment sentiment", aren't voting? Wouldn't it be reasonable to assume quite the opposite, that these are the very people who DO think about, and are already demonstrating more action about these things than those who have said nothing?

Actually the RIAA is listening, they feel their sales are below what they should be- that is consumers sending a message to them, but they were too dense to accept that message and thought if only enough court cases, people would buy more product. Obviously that isn't going to happen, so here we are today, opposed to reps who we feel shouldn't be limited in protecting citizens' rights unless they'd forsworn to do something specific as a running platform.

We dont' elect reps to only do something they'd written on a pre-election list, we had some hope of dynamic actions in consumers' interests. There's no way an agenda could be comprehensively listed, it's not as though you can just vote for someone and assume the outcome of future events. By claiming it's someone else's fault based on who they voted for, you are entirely ignoring that IF the issue and the outcome of the vote were foreseen, obviously these people who are opposed would have voted differently. People are not as passive as you suggest, rather lacking the combined influence that big business has.

By PrinceGaz on 12/1/2006 9:20:10 PM , Rating: 2
The funny (no it's not) thing is.. in Denmark ISPs are forced to block access to AllOfMP3 because it's an "illegal site". They (IFPI) imposed censorship on us based on a lie.

That is bad. Regardless of the legal-standpoint of AllOfMP3, I'm amazed and appalled that an EU member country would force its ISPs to block it.

I've just checked and am pleased to find that at least here in the UK we can freely access, and that this censorship isn't more widespread. If I were you, I'd be worried about what else the current Danish government might in future block because of action by pressure-groups, or worse because the government themselves disapprove of it.

Here in Europe, I thought we would be the last people to see any form of internet-censorship.

"The whole principle [of censorship] is wrong. It's like demanding that grown men live on skim milk because the baby can't have steak." -- Robert Heinlein
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