p2pnet - rss feed: BPI can sue AllofMP3.com
p2p news / p2pnet: The Big Four Organized Music cartel’s BPI (British Phonographic Industry) enforcement unit can try to sue Russia’s AllofMP3.com, says a report.
The labels have been attempting to scupper AllofMP3.com, claiming it facilitates online ‘piracy,’ the entertainment and software industries euphemism for competition.
“Members of the British Phonographic Industry (BPI) want to prove the site, which offers downloads for as little as five pence, is illegal,” says the BBC.
For ‘members’ read EMI, (UK), Warner Music (US), Vivendi Universal (France) and Sony BMG (Japan, Germany) who, “were given the go-ahead to sue the company last week, and say proceedings will be issued in Russia this week,” according to the story.
The Big Four are currently ripping off corporate clients to the tune of 60 to 85 cents wholesale for digital files.
When it first became evident that mp3s and p2p file sharing were here to stay, Big Music tried to get in on it by scamming large companies, such as Coca-Cola, into investing money in download sites.
It was a total waste of time and cash, however, and none of the “exciting” new sites went anywhere. In fact, Coke recently dumped its UK download ’service’.
The handful of survivors, all dedicated ’services’ trying to pass off Big Four ‘product’ as valuable downloads, are forced to charge upwards of $1 for each download to merely break even. Consequently, music lovers steer well clear, instead using AllofMP3.com and other indie sites – not that this has stopped Warner, et al, from trying to claim a booming online music market exists.
Meanwhile, AllofMP3.com prices are keenly competitive, to considerably understate the situation.
Where anyone using a corporate site such as iTunes in the UK has to pay through the nose for a download - ie, £9.79 (almost $18.20) for an album - AllofMPe.comn charges by size rather than for individual tunes, meaning typically, a customer pays only about £0.75 (about $1.40) for an AllofMP3, download.
“Now we will have the opportunity to demonstrate in the UK courts the illegality of this site,” the BBC has BPI lawyer Roz Groome saying.
But, “Copyright lawyers say that, even if the BPI obtains a verdict that the website is illegal, it might have ‘enormous practical difficulties’ enforcing the ruling in Moscow,” adds the Beeb.
You can say that again.
(Thanks, Andy)
Digg this.
Also See:
attemping to scupper - AllofMP3.com under attack, May 27, 2006
BBC - BPI gets go-ahead to sue MP3 site, July 3, 2006
recently dumped - Coca-Cola yanks download site, June 21, 2006
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July 3rd, 2006 at 7:41 pm
First the best comment I’ve seen about this. When I’m in the office it’s perfectly good business to shop around internationally to find the lowest cost supplier. But when I’m at home it’s illegal to do exactly the same thing as a customer.
But secondly, what the hell is going on here? This amounts to national censorship of a site that a particular national lobbying organisation doesn’t like the look of. Is this just as bad as the Chinese Firewall? Or am I over stating the case here? Shouldn’t the free speech, first amendment people be all over this one?
But then what’s actually happened is that a UK court has given approval for the BPI to go ahead and start a court case. And you can just imagine the sniggering behind closed doors as the lawyers rub their hands with glee. “You want to do what? Well if you’re quite sure we can certainly help you; for a fee. Of course we can win, although it may take some time” said the lawyers to Jarndyce and Jarndyce.
July 4th, 2006 at 5:40 am
and I have argued this elsewhere with the Kazaa decision in Australia, that under UK patent precedent (and therefore other common law countries such as Australia), infringement occurs where the ?song? is heard, and under our (both countries) copyright legislation, it does not matter if the ‘authoriser’ is in another country…. so if Kazaa is forced to filter, and the BPI succeed in suing AllofMp3…. From what I understand of it, instantly sites like LimeWire, Morpheus etc etc could be forced to filter by the laws of other countries, despite the fact that the US Supreme Court has held that secondary copyright liability does not contemplate that a product could be redesigned…. so you see the way the law is evolving (read: revolting :-]), suddenly an internet service that has any potential to result in copyright infringement can be stopped by a foreign nation…. BIG PROBLEM - otherwise known as the death of innovation. It is fundamental that AllofMp3 not be held liable in the UK - the boundaries of international law are being blurred by the minute.
July 4th, 2006 at 5:39 pm
“The Big Four Organized Music cartel’s BPI (British Phonographic Industry) enforcement unit can try to sue Russia’s AllofMP3.com, says a report.”
Actually anyone can try to sue in any country. All you need is the money to hire a lawyer and then find the lawyer to file the lawsuit. So, what allegedlty the repoert says is just plain common sense that did not need repeating. Must be that the report is plain RIAA propaganda.