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Digital music: Is MP3Downloading and Etomi legal?

by mjfuller - 5/27/05 4:27 PM
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Post 1 of 68

Is MP3Downloading and Etomi legal?

by mjfuller - 5/27/05 4:27 PM

I've tried to do some homework, but it's really hard to find definitive answers. I'm no dummy, but I am confused with all the information and opinions going around. For Christmas my son received an MP3 player. So then my son found MP3Downloading.com, which now many people are saying is a complete rip off and all the evidence makes me believe that. Their downloading software is called Etomi which I gather is a peer to peer type software. Their web site is real ''official'' looking and declares that their service is 100% legal, etc. Unfortunately, but not surprising, they won't answer their phone or email. However, besides charging us an amount I didn't authorize, it is working. That is, my son is getting downloads allright. But my question is, and after reading about all the lawsuits the RIAA is hitting people all over the country with, is my son doing something illegal? Will the RIAA come after us or they just going after people who might be downloading tons of stuff for commercial distribution? Are they really going after the average 14-year-old who just wants to download music for their own enjoyment? How does the RIAA find these people? Isn't that an invasion of privacy? Do I need to get some software that erases the electronic trails that can be used to track you? After all, you can't just listen to everyone's phone calls. I'm trying to figure out if I need to erase Etomi from my computer and stop my son from downloading. If Etomi is illegal, then what music services are legal? I'd appreciate any help with this.

Post 2 of 68

Their "service" is legal, but

by Ed Mead Moderator - 5/28/05 3:25 AM In reply to: Is MP3Downloading and Etomi legal? by mjfuller

the mp3's you download with the p2p program are not. All they offer is a pay for service, to show and provide info on how to find and use a p2p.

Post 3 of 68

Legallity

by rabeck4 - 8/2/06 3:53 PM In reply to: Their "service" is legal, but by Ed Mead Moderator

Hi Ed

In your opinion should p2p be made illegal, (re Kazaa)
If I can download a copy of a film 2 weeks before its in the Cinema then what does that say about the industry ?
Its on DVD before its on file share then somethings wrong, and its not cam-jobs that are the problem becuse some of them are not cams.

Its a grey area but blanks are made for a reason and anyone who says they have never copied is a liar.

Tam

Post 4 of 68

'Can' and 'everybody else does it' do not make it

by Kiddpeat - 8/15/06 3:49 PM In reply to: Legallity by rabeck4

either legal or OK.

Post 5 of 68

You can and it is OK

by Coa.Cao - 9/14/06 3:38 PM In reply to: 'Can' and 'everybody else does it' do not make it by Kiddpeat

But it depends on the stuff you are downloading, which is why Limewire is, or was the most popular download on this site.
For too long file-share has been shrouded in legal ambiguity and it should be regulated, monitored and censored, for the good of the noobs and users who could be classed as innocent or infrequent.
Its not legal and its not OK 'coz you can download anything you want for nufin and that costs a mint to the ind., but then they can well afford it and prices reflect the losses, Sony,Apple,IBM,EMI et al wont go to the wall coz L/W or B/S etc. are sharing your files
or any other files.
Moreover when File share usurps the norm then the big chaps move in and flex their brawn, rightly so.

Cao.Cao

Post 6 of 68

Re: Etomi et al

by - 5/29/05 11:17 PM In reply to: Is MP3Downloading and Etomi legal? by mjfuller

"Their downloading software is called Etomi which I gather is a peer to peer type software."

Peer to peer type programs are free and what bogus companies like to do is to steal the code for a popular peer to peer program so it only uses their network, and call it their own.

"However, besides charging us an amount I didn't authorize, it is working."

Shouldn't charging you without authorization set off warning bells in your head?

"But my question is, and after reading about all the lawsuits the RIAA is hitting people all over the country with, is my son doing something illegal?"

Yes.

"Will the RIAA come after us?"

They can.

"Are they really going after the average 14-year-old who just wants to download music for their own enjoyment?"

Yes. In fact they've gone after pre-teens as well.

"How does the RIAA find these people?"

By IP address.

"Isn't that an invasion of privacy?"

Nope. Not any more than it would be for the police to search your home if they see people walking in and out with bags full of crack cocaine.

"Do I need to get some software that erases the electronic trails that can be used to track you?"

No. There is no such program as far as I know. The closest you can get to that would be something that wipes your hard drive clean.

"After all, you can't just listen to everyone's phone calls."

No, but you can look into anyone's living-room window.

"I'm trying to figure out if I need to erase Etomi from my computer and stop my son from downloading"

DEFINITELY

"If Etomi is illegal, then what music services are legal?"

Post 7 of 68

Etomi

by ann coates - 11/26/05 7:21 AM In reply to: Re: Etomi et al by

Having found this site today I am horrified at how gullible I have been. I signed up nearly a year ago and have been downloading thinking I was legally covered. It seems I must get rid of Etomi. What about Limewire which was mentioned in one of the other posts? I have this also but is this also illegal. I would be grateful for any help on this as I have been downloading for years on and off before Napster was taken away a few years ago.

Any help would be much appreciated.

Ann

Post 8 of 68

Ouch.

by R. Proffitt Moderator - 11/26/05 7:41 AM In reply to: Etomi by ann coates

1. You're an admitted downloader.
2. To post you have to supply a valid email.

Are you sure you want to post such?

Just ask and the post will be removed.

Bob

Post 9 of 68

Alternatives

by - 5/29/05 11:20 PM In reply to: Is MP3Downloading and Etomi legal? by mjfuller

If you'd like to continure downloading "illegal" MP3's, then use a program called LimeWire.

If you'd like to legally buy music online, I suggest you try a service like Napster. Keep in mind that these online stores use WMA's rather than MP3's, so your son's MP3 player may not be able to play them.

Post 10 of 68

Allofmp3.com

by mtift - 6/3/05 6:30 PM In reply to: Alternatives by

I like 'allofmp3.com.' It's inexpensive, and you can have the music encoded in any format for most items. It is a service similar to iTunes, but much better.

Post 11 of 68

(NT) AllOfMP3 is ILLEGAL

by - 6/4/05 3:40 AM In reply to: Allofmp3.com by mtift

Post 12 of 68

Please expand on-why is allof illegal?

by lessthandave - 6/13/05 6:15 AM In reply to: (NT) AllOfMP3 is ILLEGAL by

Agree it is illegal to run such a site. I would imagine if the russain police were not being paid off by the people running allof, it would no longer be around. what are the risks of someone in the US is downloading from it. Isnt the distribution the illegal part?

What about a site like simplemp3s.com, which you have to install anti-leechware on your computer to use?

Post 13 of 68

ALLOF is a Russian MP3 site.Seriously,who would trust them?

by krustykanuck - 6/14/05 11:46 AM In reply to: Please expand on-why is allof illegal? by lessthandave

Give me a break. Who would trust their credit card with that site let alone that their music is legit. Does anyone believe that most of these Russian companies really adhere to the USA digital millenium act?

Post 14 of 68

What are you guys cribbing about???

by cerebral_mamba - 7/1/06 5:05 AM In reply to: ALLOF is a Russian MP3 site.Seriously,who would trust them? by krustykanuck

1. Allofmp3.com is an authorized partner with VISA. When you register with Allofmp3.com with your credit card, they even provide the link to your bank site (wellsfargo in my case) and given all information, which includes that if there is any dispute with them, VISA will re-imburse your money. You can get the detailed list of online sellers (like amazon etc..) that are partners with VISA and Allofmp3 is one of them!!!!

2. Why are they Illegal??? Because they don't sell music for $0.99 each! Who set that standard anyway and what do you get - Music in the pathetic wma format. Download music on your laptop and you can't even use them on your desktop. If you want to let these corporate bumbs kick us consumers around, so be it.. but I, with my limited consumer power am going to support Allofmp3.com by buying music from them in "mp3".

3. No court ruling has stated Allofmp3 is illegal, at least not in the US. I am sure the corporate music industry like the crapie iTunes etc.. will throw money to eventually get that happened, but untill then, I will keep using it as there is nothing illegal about them... and I don't care what you super-righteous think or say, $0.99 per song is in itself high, but what makes it proposterous is the fact that you can't even use it on your other computer!!

Post 15 of 68

Actually...

by John.Wilkinson Moderator - 7/1/06 9:30 AM In reply to: What are you guys cribbing about??? by cerebral_mamba

I'm not here to dispute the legality of allofmp3.com as there are valid arguments for either side and the only resolution will be through the legal system. However, I do want to clear up the facts:

1.) Allofmp3.com is NOT an authorized partner of VISA. Nor are they part of the Verified by VISA program. It is the third-party Chronopay (based in the Netherlands) that is supposedly part of the Verified by VISA program (as noted on their website), but unfortunately I could not verify that with VISA. (If you click here for listings of stores participating in the Verified by Vista program you'll find that the Netherlands is not listed as a country you can search.)

2.) Another note about Chronopay: On their website they state that they are a part of the Mastercard SecureCard program, but a search of Mastercard's list (click here) turned up nothing for Chronopay in the US, Netherlands, Russia, and the UK. That leads me to have doubts about their legitimacy.

3.) You can click here for a short summary of the recent and current legal action against Allofmp3.com, its parent company, and it's founders/operators. So in short, while you may be able to get away with using their services for now (due to legal loopholes and the lack of affirmative action), several countries have then in the crosshairs and are likely to pull the trigger soon. Personally, I wouldn't want to be around when the shooting begins.

John

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