Record Labels Finally Sue Allofmp3.com
from the took-'em-long-enough dept
The only surprise here is that it's taken this long. However, after tremendous efforts to influence politicians to force Allofmp3.com to shut down, it appears that a bunch of record labels have finally filed a lawsuit against the company. The timing on this is a bit odd, as the record labels had succeeded in pressuring Russia into going after the site and pressuring credit card companies to stop accepting charges from the site. However, the RIAA still hasn't learned that every time they try to shut these types of offerings down, it just makes them stronger -- and Allofmp3 has continued to fight back and find alternatives.It will be interesting to see how this lawsuit turns out -- as it was filed in New York, and Allofmp3 is a Russian company, meaning the laws in the US are pretty much meaningless to it. As the company has always stated, it is trying to comply with Russian laws (even if those laws keep changing), and that it has tried to pay royalties for the songs it sells, but the industry refuses to take their money. While there's a good chance that Allofmp3 will simply ignore the lawsuit, their argument would have to be that they believe they're in compliance with Russian laws -- and if an American buys a song from their site and downloads it, it's no different than if that same person came to Russia, bought something there legally, and brought it back with them to the US. That is, they did nothing wrong in buying the song, and if it was illegal to import it back into the US, that's between the individual and the US. Of course, the RIAA probably doesn't care what Allofmp3's defense is. They just want to cause trouble for the company by burdening it with lawsuits -- the same thing they've done to Napster, Grokster, Kazaa and others. However, while they may be able to burden each of those companies one by one, apparently the folks at the RIAA still haven't quite realized that every time they shut one of these down, something else pops up instead. In other words, it's a huge waste for them to keep doing this when there are plenty of opportunities for them to embrace providing music in a format and at a price people want.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Reader Comments
Subscribe: RSS
View by: Time | Thread
You are correct sir
**AMEN**
have to say it... #1
[ link to this | view in chronology ]
Bastards
[ link to this | view in chronology ]
Re: Bastards
[ link to this | view in chronology ]
Agreed
[ link to this | view in chronology ]
[ link to this | view in chronology ]
last 10 years - 3 weeks of music sales = about $50.
last 3 weeks since I started using allofmp3 $645.
yea i love music but not at a buck for a song ill listen to twice.
[ link to this | view in chronology ]
Re: "last 3 weeks"...
Wow, Justin, I'm impressed! Who's your ISP?
I just had a look through the (192K/s) MP3s I downloaded from AllOfMP3.com, and it the cost averaged about 12 cents per 6MB of data, or 2 cents per Megabyte. If you spent $645 that means that in that three weeks you downloaded approximately 322.5GB of data - my connection is "capped" at 40GB a month, and here in the UK that's considered "generous".
[ link to this | view in chronology ]
Re: Re: "last 3 weeks"...
2. I've never used allofmp3.com. I just picked three albums at random and the quoted price was basically always $.03/MB for the default 192kbps quality
3. 645/.03 = 21500MB = 21GB
4. Maybe being welcomed to buy tracks that he doesnt find contemptibly low quality has unveiled a new world for him and prompted him to buy a CD or too. You assume his figures include only online purchases.
Before youre going to be a numerical pedant, learn math.
[ link to this | view in chronology ]
Re: Re: Re:
[ link to this | view in chronology ]
Re: Re: Re: Re:
That should, of course, say "...you're ignorant..."
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
I am starting to believe this is not about the money but more about the power. Kind of like the unpopular kid in school who has to become a cop so he can mess with all the people who made fun of them. The RIAA, Ticketmaster, and almost every cable provider out there are just trying to protect what they see as "theirs". Total control of the format, and will do almost anything to protect it. If your the only show in town someone will buy the tickets even if it is only grudgingly so.
[ link to this | view in chronology ]
yay!
[ link to this | view in chronology ]
hostile countries
[ link to this | view in chronology ]
[ link to this | view in chronology ]
The reason for the lawsuit could be simpler than U
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
GOM
[ link to this | view in chronology ]
Re:
> furniture. Then I tried to give him money for it, but he didn't
> accept it. He is being totally unreasonable. Just because it's
> his furniture doesn't give him the right to not let me steal it.
On a garage sale, my neighbour was selling some of his old furniture for $100 apiece. I told him to go entertain himself in many sexual ways, went to my other neighbour's garage sale and got the same old furniture for $10 apiece. Meanwhile my greedy neighbor still sits on his overpriced junk and whines that I must have bought from him instead.
[ link to this | view in chronology ]
Re: Re:
On a garage sale, my neighbour was selling some of his old furniture for $100 apiece. I told him to go entertain himself in many sexual ways, went to my other neighbour's garage sale and got the same old furniture for $10 apiece. Meanwhile my greedy neighbor still sits on his overpriced junk and whines that I must have bought from him instead.
Actually I think it would go like this:
On a garage sale, my neighbour was selling some of his old furniture for $100 apiece. The furniture was only available in one color (a color that I don't like). I told him to go entertain himself in many sexual ways, went to my other neighbour's garage sale and got the same old furniture for $10 apiece. And there were multiple colors to choose from. Meanwhile my greedy neighbor still sits on his overpriced junk and whines that he suffered lost revenues when I didn't buy his funiture. So the next week he tried to sue myself and the neighboor I got the $10 furniture from in order to recover his lost revenues.
[ link to this | view in chronology ]
Re:
As the poster above stated, your analogy is completely flawed. A better analogy woul be if you broke into your neighbors house, and then using a magic wand, made exact duplicates of all his furniture and took those copies back to your house.
Copyright infringement != stealing.
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re:
So, if I took a nice digital shot of some average painting in a museum, enlarged to the same size and look, hung it on my wall without any thought of trying to make money on it, (of course, I would have to pay for the 'poor' reproduction process [i.e. camera == allofmp3]) we are saying I now own the exact same piece of art as I saw in the museum?
Still, I am required to pay the same price for this average piece of artwork as I would for the Mona Lisa? Beatles == Vanilla Ice
None the less, somebody is ripping somebody off. It's obviously not the artists nor the consumers....but someone is the culprit ....hmmmm....who could it be?
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Time to lern
amen to this as well
With the flocks of people going to allofmp3 for their music rather then Itunes and such (even when they make it 100x more difficult to put money on the account) you would hope the music industry sees how it must compete with these sites and illegal downloads.
If they shut allofmp3 down, i guess success here would lead things that way, then it doesn't take a genius to work out where the people are going to go. They wont want to pay Itunes prices again so i supposed bittorrent will have an extra use for them.
[ link to this | view in chronology ]
It's the stupid economy.
[ link to this | view in chronology ]
Boy, I sue wish
Crazy kewl, peeps. --Oh, wait, I'm a creative person that helps people create sites like this so they can sell their OWN music and make a living. Moreover, I don't believe like some assholes, that creative people should "get a real job" and not expect to make livings "like rockstars", off of their talents. --That must mean a website like AOM undercuts me and people I know by stealing their shit. Aw, fudge.
Yeah. Sue them blind, please. Will something else inevitably come along? Sure. Napster wasn't the last was it? But it wasn't allowed to operate with impunity either.
If fans could simply speak with one voice and let their dollars decide, the industry would be our bitch. OUR BITCH. Did I say the industry would be OUR BITCH? Instead, fans collectively overlook great sites like eMusic and these so-called fans keep patronizing sites like AOM and acting like drug-addicted fools when these sites are disrupted. Yeah, it was Visa and Mastercard's fault for bending to "the man". Keep believing that.
If the music industry had to think, "shit, the money isn't going to stolen product, its not going to us... where the crap is it???" and slowly saw eMusic and AmieStreet going nuts with sales... first they'll try to sign the artists... then they'll realize they need to kill DRM forever. Once out of the bottle, that would be the new paradigm.
But STUPID attitudes on the part of music "lovers" will insure that will NEVER happen.
[ link to this | view in chronology ]
Re: Boy, I sue wish
You Wrote:
"Gosh golly, I sure wish I could start a business selling reproductions of stolen property virtual indistinguishable from the real thing, charge whatever I like for the product, and "pay" the original owners a pitance all the while. With my heaping millions, I'm sure I'd create the most WONDERFUL service ever! I mean, why limit my pirate DVD's to flee markets, festivals, and barber shops?"
Uhhh.. AllOfMp3.com has legal rights to all the content they distribute. Thats what makes this newsworthy. They havnt stolen anything....
And on Emusic.. ever since Universal bought that service, they will never get my money again. They ruined it. It used to be the best there is, their recommendation system was unbeleiveable. If they had stuck with their old pricing model I would still use them. Hell even if they upped the price to 30 or 40$ a month for unlimited download instead of the old $10 I would still be subscribed.
[ link to this | view in chronology ]
Re: Re: Boy, I sue wish
[ link to this | view in chronology ]
Re: Boy, I sure wish... I was smarter
It's not virtually indistinguishable, it is for all intensive purposes an exact copy.
And when talking about "pittance," are you sure you are not talking about RIAA? In case you missed it, RIAA just petitioned to cut down on loyalties paid to artists.
I can agree with a musician's dissatisfaction on straight up pirating, but arguing that AllOfMP3 gives you pittance while ignoring that RIAA supported stealing from their musicians for decades... please, let go of their propaganda pamphlet.
[ link to this | view in chronology ]
Re: Boy, I sue wish
[ link to this | view in chronology ]
re: Boy, I sue wish
Alternately, they'd buy the sites, up the prices and DRM the sh*t out of them.
[ link to this | view in chronology ]
...at a price people want!
...if the American music companies offered that, I'd buy here and keep my money invested in the US.
[ link to this | view in chronology ]
wow
[ link to this | view in chronology ]
[ link to this | view in chronology ]
I would also argue that most of the time these cd's can be bought on average for
[ link to this | view in chronology ]
I would also argue that most of the time these cd's can be bought on average for
[ link to this | view in chronology ]
[ link to this | view in chronology ]
the correct model
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Not useless for the RIAA
In effect, they have no real interest in *actually* stopping piracy as long as they can throw some numbers around. It's really all the better for them to create a larger market of people to sue.
[ link to this | view in chronology ]
more pissing and moaning
After you complain about it every other day for over a year, it's really no longer news unless the RIAA and the entertainment industry actually changes it's business model.
Otherwise, it's just more bias-babble and whining.
Gee, is engadget the only tech news left?
[there I feed better.... now to find a quick way of skipping all techdirt articles with RIAA in them...]
[ link to this | view in chronology ]
International Availability
[ link to this | view in chronology ]
Re: International Availability
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
The reason why they dont accept the money from allofmp3 is because if they do, they pretty much accept that allofmp3.com is a legit service. SO either get out of the Russian market and declare that any song produced by RIAA labels is not to be played in Russia at all, or accept that the Russian law allows this type of a licensing and take the percentage of sales and shut the fuck up.
World IS NOT GOVERNED BY US LAW, New York lawsuit is stupid because it has 0 jurisdiction over Russia. BitTorrent downloads are illegal but alofmp3 is whole another game since its is legally licensed in that country, PERIOD.
P.S. Oh and that example with stealing a couch is soooooo idiotic. Ey genius you are not stealing a couch, you are selling a couch that your NEIGHBOR ALLOWED you to sell and then when he comes back to collect the money he is not happy with the price you sold it, besides you sell it in a FOREIGN market where that $2.99 is NOT THAT CHEAP. Paying 2.99 for a Russian is same as if people in US payed $9.99 per album. Well welcome to globalization RIAA, you want international markets, you got it, just remember that each market has its own price
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
Funny. That was a nice way to make fun of all the American-centric gun-toting couch-warriors.
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re: Re:
[ link to this | view in chronology ]
Pls stop feeding the trolls
Just ignore them - it's what annoys them the most.
[ link to this | view in chronology ]
allofmp3.com
True - one I have used with good results is legalsounds.com. Not quite as good as allofmp3, but not bad at all and easy to pay - but allofmp3 seem to have solved that problem, haven't they ? There's always a way of getting an outstanding product to the marketplace, no matter how overpriced cartels try to prevent it.
[ link to this | view in chronology ]
Re: allofmp3.com
WHY DIDN'T THOSE CRAZY KIDS WHO KILLED LIKE WHAT 30 PEOPLE WITH HAMMERS KILL THE PEOPLE WHO MADE THIS SITE AS THEY WOULD DESERVE IT.
FUCKING ASSHOLES.
[ link to this | view in chronology ]
This has absolutely nothing to do with military might. It has to do with economic might. And with that, I grudgingly agree with you, atleast in this case. However. I will bet dollars to doughnuts that if the RIAA is successful at shutting this site down, 1) there will be dozens more to replace it, and 2) eventually someone in the government of Iran or North Korea will think of this, and open a site like AOMP3 THERE.
Then the RIAA will have run into a brick wall. And US consumers will need to make a tough choice. . . . .
[ link to this | view in chronology ]
Napster killed, will allofmp3 be next
Pretty amazing!
It's like if you can't pay 9.99 for an albumn then I guess you shouldn't buy music. I thought the only way these guys could make money was to tour. Wow what a concept.
[ link to this | view in chronology ]
Rehash, but whatev
This lawsuit, once successful, may not cause a complete shutdown of the service in Russia, but it will serve as legal/moral justification for the RIAA to pursue further action against Stateside users and ISPs. Yes, if AOM does go, other sites will spring up, as always happens--and the RIAA will have legal precedent to name them in subsequent suits. They won't be able to wipe out every such outlet, but they will have succeeded in making it harder for the end user to download music at a reasonable price for a while. It's just playing strings on the deck of the Titanic, running out the clock until that inevitable day when the bloated major labels and their Association die out like the dinosaurs they are.
[ link to this | view in chronology ]
456
[ link to this | view in chronology ]
MP3Stor.com is wrong...
My recent cd was quickly made available by someone via BitTorrent. MP3Stor.com apparently downloaded it and has made the whole cd available for less than $2.
I wrote them to remove the album but basically got a blackmailing "sign our agreement" email. I do not make a single penny from them selling my work.
While I think the actions of the corporate music industry and the RIAA are pretty unforgivable, any action against the Russian pirates will help me from basically being robbed of my hard-earned income.
[ link to this | view in chronology ]
I found the biggest mp3 site!
[ link to this | view in chronology ]
Re: I found the biggest mp3 site!
[ link to this | view in chronology ]
F*&% RIAA
It is our fault. They name the price and we buy. Stop buying period. All of us have enough music, we can live without the new stuff for a while. Frankly most of the new stuff is crap, especially on the albums (1 good song and 10 bad ones). U2 made millions selling on this model - thank god for the Singles album.
Eventually they will price the product correctly and reap bigger rewards in volume. If they don't they will die and someone else will replace them.
[ link to this | view in chronology ]
Interesting feedback on site
[ link to this | view in chronology ]