Death bell for AllofMP3.com?
p2p news / p2pnet: Is the noose is tightening around Russia’s Allofmp3.com?
Or is it yet another PR ploy initiated by the Big Four Organized Music cartel to convince the world at large it has a handle on p2p file sharing which in reality, it’s been unable to crush or subvert, years of desperate attempts to do so notwithstanding?
Far from being a threat to the music market, “whether legal or not under Russian law, regardless of the BPI’s whimpering lawsuit,” AllofMP3.com is a perfect example of how, “different markets can, and should, price music according to the public’s purchase power,” Fading Ways Music owner Neil Leyton told delegates at the recent Trans Atlantic Comsumer Dialogue (TACD) conference in Paris, France.
Be that as it may, “Are the site’s days numbered?” – wonders Ars Technica, at the same time observing, “prudence would suggest that if you have any credit at the site, now’s the time to use it”.
“The record industry, which now has the site on its radar screen, won a small victory in the UK this week that will allow it to file suit against the site,” says Ars Technica, mooting the noose theory and going on:
“The British Phonographic Industry (the UK’s version of the RIAA) received permission from London’s High Court to ’serve proceedings’ against the website. When that happens, the Russian judicial system will be obligated by international agreement to look into the matter, which means another legal headache is developing for Allofmp3. The site already has to contend with two legal cases against its director and former director, and additional pressure from the UK won’t make things any easier for a service that finds itself in the crosshairs of the international community’s Piracy Sniper Rifle.
“The Americans have been leaning hard on Russia to do something about the site, but Allofmp3 just keeps chugging along, offering up new Dashboard Confessional, Keane, and Red Hot Chili Peppers for under US$2.”
And while AllofMP3.com continues to defy the Big Four and various administrations which support their efforts to coral the music market, with the US in the lead, France’s Vivendi Universal, a member of the Big Four gang, the others being EMI (UK), Sony BMG (Japan, Germany) and Warner Music (US), believes it’s about to get p2p file sharing under control via a new CD sales scheme.
It’ll try to sell “deluxe CDs” for close to $26, and “basic” no-frills CDs for ), “the standard for 14.99 euros (just under $20) and and the basic for 9.99 euros (alomost $13) and new Vivendi music ‘product’ will, of course, be loaded to the gills with DRM, not that it’ll do much good.
CDs remain the primary source of content with music downloaders, says a recent study which states:
“Nearly half (44%) of the content stored on MP3 players is ripped from the owner’s personal CD collection, and another 6% is ripped from others’ CD collections.”
Meanwhile, file sharing via the p2p networks and indie music sites and services continues to grow in popularity.
This May, globally, the number of p2p users simultaneously logged on at any given moment was 9,735,661, p2p research firm Big Champagne told p2pnet. In May, 2005, the number was 8,665,319 and in 2004, 7,286,377.
In the US in May, 2005, the number was 6,290,327 and in 2004, it was 4,589,255, and it’s estimated around 60 million Americans have shared with each other.
Digg this.
Also See:
whimpering lawsuit – Paris TACD conference, June 29, 2006
Ars Technica – Allofmp3.com faces new threat: the Brits, July 5, 2006
under control – Vivendi’s answer to file sharing, July 5, 2006
primary source – CD rips main mp3 player content, June 29, 2006
continues to grow – P2p file sharing escalates, July 3, 2006
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July 6th, 2006 at 3:03 pm
So it looks like the **AA’s and the like have learned from leaning on the admin of the US to lean on Sweden that it didn’t go over well once the news got out about how it came to be. Funny that right after that, the admin of the US was eager to let the rest of the world know they didn’t do such. Typical politics with a typical political answer; one reason far fewer trust the US government world wide.
Even it’s own citizens view the government with suspicion. It is obvious the polical leaders of this country don’t have the best interests of the citizens that voted them into offical capacity at heart. They are far to interested in returning to the feeding point and taking yet more under-the-table funds for their polical warchests. Limited terms, throwing the incumbents out, and limiting access by lobby groups are becoming more and more meaningful as methods to deal with the situtation by the public at large. It is reaching the point that we will have to demand those in Washington take notice in order to get it done.
Once such method would be to see all seats replaced by third party independant candidates. While it is wishful thinking because most of the citizens seem to feel as long as the bread and circuses continue they are ok, one day we may soon wake up to see Washington coming down in much the same way as Rome did. At present the polical heads seem more interested in playing polical games and oneupmanship than they are in running the country. This extents right down to the local levels. A prime example of that is when it comes time to clear the new years budget. It seems that it is a wrestling match over who is bigger and badder with the needs of the country coming in second place at best.
July 6th, 2006 at 3:34 pm
The Russian courts may be obligated to review the lawsuit, but if the allegations are not violations of Russian laws, nothing is going to happen. In fact, allofmp3 has already been through the Russian courts twice with no adverse effect. They are, in fact, paying a Russian organization royalties for the music they sell. The BPI’s making a stink because they aren’t getting a cut of it. That’s an issue for the BPI and it’s Russian equivalent to sort out.
Even if the BPI wins a judgement in the UK, it will be unlikely that they will be able to enforce it, particularly if the Russian court rules that no violation of Russian law has occured. The BPI’s case is tenuous from a jurisdictional point of view as well. Allofmp3 has no nexus to the UK other than the fact that UK residents (and anyone else with uncensored, unfiltered internet access) can view the site and download from it. Nearly every court has ruled that the ubiquity of the internet disqualifies this argument as creating a genuine nexus, compared to operating a server within that jurisdiction, that would create a nexus.
The BPI also claims that because the allofmp3 site is produced in English, rather than Russian, it is targeting UK residents. This is a rather disingenuous argument as English has become the de facto common currency of human language on this Earth. Perhaps if the Kenyan equivalent of the BPI complained that the site was produced in Swahili, that would be a stronger argument, but the BPI’s assertion that the use of the English language on the allofmp3 site somehow gives their allegations greater standing is just absurd.
–TG
July 6th, 2006 at 8:15 pm
One small note:
“remember – communist country” – There is no communism,although they are heading to gov with a strong leadership.
Klimax
July 7th, 2006 at 4:09 am
lol, Thanks for the catch…..none of us are perfect – point still stands though about their income.
_-Jile-_