p2pnet - rss feed: Big Music loses to AllofMP3.com
p2pnet.net News:- The Big Music cartel has lost another one.
It instructed its IFPI (International Federation for Phonogram Industry) to bully Russian authorities into closing down AllofMP3.com. But its muscle tactics didn’t work, says a post on the site quoting a Tass News Agency report.
A translation on the AllofMP3.com site reads:
“Moscow, March 4. /Prime-Tass/. The Prosecutor of the Moscow’s South-Western district rejected to initiate a criminal case against distribution of music recordings by AllofMP3.com Internet resource. The Prime-TASS was informed of this by an informed source.
“The writ about copyright violations by AllofMP3.com owners was submitted to the Prosecutor’s Office of Moscow’s South-Western administrative district on February 24, 2005 on behalf of the International Federation for Phonogram Industry /IFPI/.
“During the investigation the Prosecutors Office found that the AllofMP3.com owners in fact did distribute music recordings via the online resource. However, the holder of right for these recordings did not authorize to distribute them for commercial purposes.
“At the same time, the Prosecutor found that the Russian Law on copyright does not qualify Internet in legal terms, whereas the authors’ property rights are extended to distribution of copies of their works by any means. Along with that, the Prosecutor says that from judicial point of view, distribution of any works via Internet is impossible because it would be a digital transfer, whereas the current Russian legislation necessitates corporeal transfer of works only.
“Besides that, the Prosecutor concluded that, distribution of works does not result in making a new copy of the work, but only creates conditions for being utilized by end consumer.
“On these grounds, the Prosecutor’s Office in Moscow’s South-Western district rejected initiation of a criminal case against the Internet resource officials due to absence of corpus delicti.”
It’ll be interesting to see how the cartel fares in its March 29 effort to get the US Supreme Court to rule that p2p application owners are responsible for user activities, and in Australia where it’s after Kazaa owner.Sharman Networks.
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See:-
Russian authorities- Big Music goes after AllofMP3, p2pnet, February 24, 2005
Tass News Agency - Прокуратура Юго-Западного округа Москвы отказала в возбуждении уголовного дела в связи с распространением музыкальных записей через Интернет сайтом AllofMP3.com, March 4, 2005
AllofMP3.com - prime-tass.ru published that the Moscow prosecutors rejected to initiate a criminal case against Allofmp3, March 4, 2005
March 29 - CCA newest anti-p2p recruit, p2pnet, February 28, 2005
in Australia - Sharman asset freeze story, p2pnet, March 7, 2005
March 7th, 2005 at 4:41 pm
Wow… this is huge. now watch as AllofMP3.com becomes the biggest mp3 site on the net. The music industry must be going nuts trying to figure out who they have to pay off to get this ruling reversed.. F@#K the RIAA. if they didn’t price cd’s so high to begin with this wouldn’t be such a big problem for them.
March 7th, 2005 at 5:46 pm
March 7th, 2005 at 7:06 pm
Finally, a situation where the RIAA and IFPI can’t immediately bully their way into a favorable decision. Consider all of AllofMP3 to be the Rasputin of the “unsanctioned” music conduits. In just about every other instance, they have managed to create a stoppage through threats of and on occasion the actual carrying out of legal actions. But not with the Russians. In this case the Recording Industry and its cronies have stabbed, strangled, shot and poisoned the site and its operators, yet they refuse to die.
I for one, applaud the Prosecutor of South Western Moscow for rendering a fair interpretation of the LAW as it is written in their books. There was no major influence over the decision as a result of generous gifts and tremendous lobbying force from the Recording Industry. The laws were consulted, and finding that digitized goods exist under different rules and conditions than their physical counterparts, the case was rejected.
Who during the cold war would ever have expected that the Russians would be the most progressive in terms of intellectual property law? Fascinating stuff. An artist is automatically entitled to the rights to his or her own work, as far as I understand it, preventing situations that commonly occur in the US wherein the Record Companies own an artists entire catalog and can build or destroy the career at will.
Tell your friends. Tell your friends’ friends. With this victory, we can finally build enough momentum to force down the price of music through non-compliance. You don’t have to buy music for a price you don’t accept as fair. When everyone’s using allofmp3.com and iTunes is shriveling up to nothing, the Recording Industry will be faced with the decision of either suing even more people, which would further tarnish their outhouse veneer or lower prices in an attempt to compete legitimately. While logic would imply the latter, experience points to the former. However, this could be a veiled positive. If they start suing users who know a better deal when they see it, namely those who pay according to the degree of fidelity and quantity of data not an arbitrary rate, then those aforementioned users and those outraged by the legal action will unite and further push the market in the direction they choose.
The fight is still on, but now there’s a glimmer of hope.
-Nev
March 7th, 2005 at 8:20 pm
Hooray!
Apart from personally benefiting, the thing I find fascinating about allofmp3 is the business model. I think there’s potentially a huge business in doing a western based site using exactly the same model and with the blessing of the record companies. I’d put every back catalogue, deleted and straight old music up and use exactly the same model of offering multiple encodings and charging by the megabyte.
I just don’t expect anyone in the biz to “get it” any time soon.
March 7th, 2005 at 9:41 pm
as i said some weeks ago, this seemed to be much a PR crusade intended for the western “music pirates” in order to show them, how serious the efforts of IFPI are. at the time we read in every western newspaper that allofmp3 is going to be closed, no russian newspaper considered this announcement worthy a message. already in december the most russian sources stated, that the IFPI or RIAA will hardly achieve the desired goal. now it’s proved and i wonder if the IFPI will admit its defeat as loud as they proclaimed a near victory. probably they’ll keep silent.
March 8th, 2005 at 4:28 am
Once this NEWS spreads on the net all the dollar music net stores are SUNK!!!!!! Hey major labels the JIG is up!!!!!! and no DRM too!!!!
March 18th, 2005 at 10:11 am
looks like the russians are protected by their law, but does anyone know whether there’s UK law that still makes it illegal to be in receipt of music from here ?
April 15th, 2005 at 2:09 pm
Seems that allofmp3.com is down (has been for the last day or so). Can’t find anything about it but both the Allofmp3 Explorer and WWW page are inaccessible.
Perhaps a it will come back up, I doubt it… I wonder what’s on the other channel?…
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