Once Again, Russian Court Finds Allofmp3 To Be Legal

from the nothing-wrong-there dept

Wed, Aug 15th 2007 7:42pm — Mike Masnick

Back in 2005, following a criminal investigation of the site Allofmp3.com in Russia, officials declined to press charges, noting that the site did appear to be operating legally under existing Russian laws. That, of course, set off a string of events, including having the US pressure Russia to change its laws or risk being kept out of the WTO. Eventually, Russia did change some laws and forced Allofmp3.com to shut down, though it quickly popped up again under another name. It didn't take long for the big record labels to then push for the criminal prosecution of the site's owner, when all he had really done was help demonstrate a business model for selling music that seemed to be working well (i.e., price it reasonably and don't restrict it with DRM). Also, he tried to pay royalties to the RIAA, but they wouldn't accept them. Luckily for Allofmp3, it didn't take long for a court to see through the recording industry's arguments and throw out the case, pointing out (once again), that the site didn't break any Russian laws, while also noting that the record labels did an awful job presenting any real evidence of copyright infringement on the part of Allofmp3.

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

Filed Under: downloads, music, russia
Companies: allofmp3

34 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Mark, 15 Aug 2007 @ 8:44pm

So..
With this ruling, they should be allowed to redirect traffic to allofmp3.com to mp3sparks.com or bring the site live again.

Perhaps if they decide to redirect, they will add an extra s to the domain and link to http://mp3sparkss.com

I would like the ad revenue.

Mark
[ link to this | view in chronology ]
dorpus, 15 Aug 2007 @ 9:26pm

Are we really that naive?
Russia is just using mp3.com as a bargaining chip, a small cog of the bigger picture of oil politics and everything else. They couldn't give a rat's ass about the freedom of intellectual property.
[ link to this | view in chronology ]
- Chris, 15 Aug 2007 @ 10:29pm
  
  Re: Are we really that naive?
  Dorpus didnt we revoke your privlages to voice your opinion? I doubt Russia is trying to use IP law to swindle it's way into any sort of power gain. If at the very least they just want to be left the hell alone by American Corporations like the rest of us.
  
  Granted it's obviously about politics, otherwise this would never be an issue. I just think it's a judges way to say "America go @!*% yourself!" It's seriously SAD to reject the second largest neculear power from the WTO because they wont pay one american company royalties on something they don't own in the first place. I think Russia's calling out our government for being the corrupt manipulated puppet that it is, and shows the Russian Judical system as has way more integrity than we ever could, even though they're the "Communist bastards."
  [ link to this | view in chronology ]
  - dorpus, 15 Aug 2007 @ 10:52pm
    
    Re: Re: Are we really that naive?
    Oh I see, so the country that assassinates critics of President Putin, outlaws anti-Putin TV stations, arrests political opponents, and outlaws non-Russians from owning stores has a great judicial system?
    
    But you're right, maybe we should follow Russia's example and outlaw opinions we don't like.
    [ link to this | view in chronology ]
    - Michael Whitetail, 16 Aug 2007 @ 12:14am
      
      Re: Re: Re: Are we really that naive?
      The Russians have their own laws, and work well within them. It is not our place to dictate to them what their laws aught to be in our *opinion*
      
      allofmp3.com works within their laws, is legal by their laws, and we shouldnt be able to do anything about it. The fact that big corporate interests forced a political change that shut them down, ever so briefly I might add, did nothing but putRussians backs up.
      
      It was seen as an attack on the Rodina, and the ruling both times was a message from the Russian courts denouncing the currupt Imperialist goverment.
      
      We here in the USA have done quite a good job in simultaneously becoming an international pariah and reducing the value of our currency by half; yay! go U.S.
      
      Is it any wonder the Russians want nothing to do with our currupt government and corporate overlords?
      [ link to this | view in chronology ]
      - dorpus, 16 Aug 2007 @ 12:24am
        
        Re: Re: Re: Re: Are we really that naive?
        I see, so when Russia uses its oil exports to bully neighbors, it's not acting like a big bad corporation or anything, is it? If, say, Russia continues its ethnic cleansing campaign in Chechnya, or drops more bombs on "Russian territory" in Georgia, then it is legal by their laws, therefore we shouldn't be able to do anything about it either. And we know Russian government can't be corrupt, as if politicians and corporate moguls are one and the same. No, Russia does not have an expansionist history that made it the largest country in the world, extending its territory into California, Alaska, Hawaii, and China. We know it does not bully little countries like Belarus, Georgia, Turkmenistan, or Ukraine -- it stands as a shining beacon of good global citizenship.
        [ link to this | view in chronology ]
        
        dorpus wannabe, 16 Aug 2007 @ 3:11am
        
        Re: Re: Re: Re: Re: Are we really that naive?
        and israel buys our war machines & we side with israel cuz their right and the middle east iz wrong? if you know about american military bases, you would know we have them on every continent in so many countries. maybe you should call this bullying? and doesn't the mid-east screw with us on oil prices, thus making the less than rich americans pay for it? theres always two sides to this story.
        [ link to this | view in chronology ]
        
        Charles Griswold, 16 Aug 2007 @ 4:25am
        
        Re: Re: Re: Re: Re: Re: Are we really that naive?
        theres always two sides to this story.
        Yeah. Our side and the wrong side, 'cause we got The Bomb! :-P
        [ link to this | view in chronology ]
        
        mkam, 16 Aug 2007 @ 5:34am
        
        Re: Re: Re: Re: Re: Re: Are we really that naive?
        "you would know we have them on every continent"
        
        When did we get a military base in Antarctica. Are we staging attacks on New Zealand and Chili?
        [ link to this | view in chronology ]
        
        Anonymous Coward, 16 Aug 2007 @ 11:54am
        
        Re: Re: Re: Re: Re: Re: Re: Are we really that nai
        When did we get a military base in Antarctica.
        The United States officially opened its first station at McMurdo on February 16, 1956. Founders initially called the station Naval Air Facility McMurdo.
        [ link to this | view in chronology ]
      - |333173|3|_||3, 17 Aug 2007 @ 7:47pm
        
        Re: Re: Re: Re: Are we really that naive?
        Are you trying to say that the US has had 100% inflation, or that its value on the exchange markets has dropped by 50% relative to other countries, because neither appears to be true.
        [ link to this | view in chronology ]
        
        dorpus wannabe, 19 Aug 2007 @ 2:36am
        
        Re: Re: Re: Re: Re: Are we really that naive?
        interpretation=don't take literally every word, expand your mind to generalizationz.
        americans & america are the worldz biggest borrowers when it comes to money! yes, our money iz weak(one day, one week, one month, one year highs on wall st don't mean anything!). and yes this does appear to b true!
        [ link to this | view in chronology ]
    - dorpus wannabe, 16 Aug 2007 @ 12:16am
      
      Re: Re: Re: Are we really that naive?
      so you really believe in hollywood & hollywood ran media. cuz allz yous be quoting iz what americanz and there lovers want you 2 know! And since when did another country have 2 be modeled after us? They can make their own rules on who can open a business. lets see how long it would take for a middle eastern company to open nuclear power plants in america? i bet you still believe iraq haz wmd's? hater! racist!
      [ link to this | view in chronology ]
      - dorpus, 16 Aug 2007 @ 12:42am
        
        Re: Re: Re: Re: Are we really that naive?
        So do you prefer Putin-run media and Russia selling nuclear technology to Iran? We know Putin-run media couldn't be racist or anything, a nuclear-powered Iran is not a threat to its neighbors either.
        [ link to this | view in chronology ]
        
        dorpus wannabe, 16 Aug 2007 @ 2:49am
        
        Re: Re: Re: Re: Re: Are we really that naive?
        i use what iz called analogies. the countries i use can be called, maybe china or south america. then i guess everyone in this world gets everything of significance from russia in your eyes? so it is natural to make russia like our legal system so we benefit the most on anything that deals with the internet and technology. because, like you said "Russia selling nuclear technology to Iran", they also are a HUGE support system to silicon valley, california. last i remembered one of the google cofounders is russian born. not to mention all of the russian non citizens here on h1b visas contributing to corporate america with hard sciences and the like. yah, text book argument.
        [ link to this | view in chronology ]
        
        |333173|3|_||3, 17 Aug 2007 @ 8:12pm
        
        Re: Re: Re: Re: Re: Re: Are we really that naive?
        Kindly install a dictionary (available from the Firefox extensions page, if you are using some other browser, I am sure that have dictionaries as well).
        
        A Russian-designed nuclear power plant operated by the Iranians is very bad from everyone's perspective, since the design used is not considered safe or reliable, and will be operated by inexperienced and poorly trained Iranians. If there is a disaster, then the consequences for the region could be severe. It would probably be better if the IAEA could persuade the Iranians to use western control systems and safety measures.
        [ link to this | view in chronology ]
        
        dorpus wannabe, 19 Aug 2007 @ 3:10am
        
        Re: Re: Re: Re: Re: Re: Re: Are we really that nai
        and you know this because your physics teacher told you? if you know so much about russian nuclear technology, what exactly iz so bad "from everyone's perspective"? iz this the same westernerz that invite russia to the g8 summit, then ridicule them for providing technology to other countries at a nato summit? could possibly not be! itz the russianz that want their country to be subordinate and brainwashed by the rich corporate westernerz.
        by the way kindly take your one sided mind to two sided. i am sure enough open mindedness extensions r available.
        back to this article. it does not matter whether this website or another in russia or any other country does with its legal system on 'music'. if we write lawz on digital '1's & '0's & try to point it out to other countries with some super duper digital water print technology to prove that another ip numerical address haz committed a crime is unbelievably laughable! with this mentality, you r suspect for owning a computer and having internet access. any wine aficionado would laugh at two buck chuck wine. same for audiophilez, downloaded music iz crap, unless it iz a original copy that haz no compression and done right. how illogical iz it for an entity to go after people who know no better about sound quality and assume it is the real thing. if downloaders r not downloading an exact original of the work, then what r they downloading? CRAP!
        [ link to this | view in chronology ]
    - Paul`, 16 Aug 2007 @ 6:06am
      
      Re: Re: Re: Are we really that naive?
      Well at least you'd shut up.
      [ link to this | view in chronology ]
Kyros, 15 Aug 2007 @ 11:01pm

Eh, dorpus is probably right, but, it's always nice to dream that all politicians aren't complete morons or slaves to the MAFIAA.
[ link to this | view in chronology ]
The infamous Joe, 16 Aug 2007 @ 4:44am

Huge Tracts of Land.
I'm not exactly sure what the above comments are bickering about, but the point of all this is: It's their country, and if a website hosted in their country is acting within their laws then the story is over.

From the admittedly little research I have done on the allofmp3 saga, it seems that within Russian IP laws, the website has to pay a license fee and then it can sell music from that label. So, they paid their fees to the Russian Organization for Multimedia and Digital Systems (ROMS, though I don't know where the D went) who, from what I read, attempted to send said money to the labels, who refused to take the money. Instead they sued for something like 1.6 Trillion dollars. (It makes me think of Austin Powers, for some reason)

This is just another example of how the RIAA can't seem to adapt-- not only do they have a problem catching up with the technology of today, they can't seem to grasp that we now live in a global neighborhood. This is illistrated even better when they try to release albums in different parts of the world at different times and get upset when people all over the world buy the first release.

The day is mine, Trebe--err.. RIAA! :)
[ link to this | view in chronology ]
- dorpus wannabe, 19 Aug 2007 @ 2:27am
  
  Re: Huge Tracts of Land.
  the bickering relates to this article; politics & technology.
  the american drm(or whatever its called) and america, same thing az this article, in the sense of politics & technology. i am glad to point these out to you!...riaa=politics
  [ link to this | view in chronology ]
Fight the man, 16 Aug 2007 @ 5:52am

Stick it to them
If you are big business then you are wrong no matter what. Go Mike go. Capitalism stinks, and so do big businesses. I do not want to work for the things I own, because I want it all for free. Go me. Yay!!!
[ link to this | view in chronology ]
Alexio, 16 Aug 2007 @ 6:07am

Be real
BTW, while in Moscow, I was surprised by how many people are willing to shell out $30+ for an authentic CD. Many of them won't even come near MP3 citing that "it's not the same quality of sound".
Anyway, downturn of allofmp3 is clearly a political tradeoff for getting into WTO. Let's see how long it'll take'em to shut down other sites...
And hey dorpus, if Putin is such a bloody bustard, why his approval rating is near 80%? Looks like Russians really like his president for better or for worth. Can you say the same about Bush? Also, if he (Putin) is such a tyrant, why bother sending this guy for trial, but not just slaughter him in the back yard?
[ link to this | view in chronology ]
- dorpus, 16 Aug 2007 @ 6:49am
  
  Re: Be real
  And hey dorpus, if Putin is such a bloody bustard, why his approval rating is near 80%?
  
  Maybe because he outlaws media criticism of him, and locks up or assassinates anyone who opposes him?
  [ link to this | view in chronology ]
  - Anonymous Coward, 16 Aug 2007 @ 3:51pm
    
    Re: Re: You will never be satisfied
    "Maybe because he outlaws media criticism of him, and locks up or assassinates anyone who opposes him?"
    
    They gave up communism just for you dorpus and you still not satisfied??? I guess you won't ever be happy until the whole world follows the United States superior system of operation. Of course Bush has never tried to silence his critics, manipulate facts, or outright lie.
    
    Your ethnocentric attitude is a bad joke and so are you.
    [ link to this | view in chronology ]
    - |333173|3|_||3, 18 Aug 2007 @ 5:51am
      
      Re: Re: Re: You will never be satisfied
      I don't much like Putin, but he is doing a reasonable job of restoring his country and rebuilding it. It also looks like he is trying to make Iran more respectable through the SCO (Shanghai Co-operative Organisation), in order to build up Russian power in the Ex-soviet -stans, which whilst bad news for the USA, could lead to the reigning in of the drug lords and militias. remember that both Komenhi and Putin want stability and and end to the drug trafficking out of Afghanistan, peace in Iraq, and an end to the Arab-Israeli conflict. the only difference in their goals and those of the USA is that each wants the area under their own control.
      
      Of course, Putin's Human rights record is terrible, but he is far better than many of his predecessors.
      [ link to this | view in chronology ]
Dan, 16 Aug 2007 @ 8:41am

Glad to see he isn't facing legal punishment for violating no law. Say what you will about his business, as long as he didn't violate his laws at the time, there is no reason he should face legal penalties.
[ link to this | view in chronology ]
- Mark, 16 Aug 2007 @ 8:51am
  
  Re:
  Agreed.
  [ link to this | view in chronology ]
AJ, 16 Aug 2007 @ 9:46am

Be Real...
Never thought I'd say this, but I'm with dorpus on this one...
[ link to this | view in chronology ]
Anonymous Coward, 16 Aug 2007 @ 11:06am

Don't panic everybody! These mp3s have no DRM, so they'll be pirated, and drive allofmp3.com out of business anyway.
[ link to this | view in chronology ]
Eliot, 16 Aug 2007 @ 11:51am

I think someone missed something
I like the debate that has taken over here. You of course realize that its not about whether or not dorpus is right or wrong. Russia makes some bad decisions when dealing with humanitarian things. America embodies evil corporate/monied interests. Who's right? ....
[ link to this | view in chronology ]
- Anonymous Coward, 16 Aug 2007 @ 2:28pm
  
  Re: I think someone missed something
  Both obviously. ;-)
  [ link to this | view in chronology ]
Anonymous Coward, 16 Aug 2007 @ 1:51pm

Antarctica is under treaties that covers among other things forbidding an active military presence (though it provides for civil and criminal law enforcement).

http://en.wikipedia.org/wiki/Antarctic_Treaty_System
"Article 1 - area to be used for peaceful purposes only; military activity, such as weapons testing, is prohibited, but military personnel and equipment may be used for scientific research or any other peaceful purpose;"
...
[ link to this | view in chronology ]
- Anonymous Coward, 16 Aug 2007 @ 6:58pm
  
  Re:
  
  Antarctica is under treaties that covers among other things forbidding an active military presence
  The treaty does not forbid "an active military presence" and I personally know people in the military who have been stationed there on active duty. Read the snipped you quoted: It only requires that their overt purpose be "peaceful". Furthermore, the treaty does not provide for any sort of mandatory international inspection of military facilities there to ferret out non-peaceful covert operations.
  [ link to this | view in chronology ]