Digital music: Is Allofmp3.com legal?
Is Allofmp3.com legal?
by Tallcoolone - 1/30/06 5:21 PMI've been using allofmp3.com for a few months to download my music. I love the selection, ultracheap prices, and many encoding options, but I've seen some debates about its legality. This is what most convinces me that it's legal. Can anyone tell me if this is correct or not?
(http://www.museekster.com/allofmp3faq.htm):
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Strict copyright legislation
Now for the country that may well have the strictest rules on copyrights, the USA. A thread in the Fatwallet forums brings some light in his confusing subject. We will not bother you with all the details. Here is a concise version of the interesting parts:
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“MP3's, OGG's, etc are not illegal in the USA and therefore can be imported. There is also no law against importing music from other countries (including Russia). Because you are buying this legally in Russia and then importing to the USA, this should be 100% legit. For example, assuming that Russian Vodka is illegal to buy in the USA on Sunday, but you buy the Russian Vodka in Moscow on Sunday, then you import it into the USA, you have done nothing wrong. Again, this assumes that 1) it is illegal to buy Russian Vodka on Sunday in the USA 2) it is legal in Moscow and 3) it is legal to import Russian Vodka.”
Title 17 Chapter 6 Sec. 602 of the U.S. Code covers “Infringing importation of copies or phonorecords”. You can find this title here
Subsection (a) tells us:
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“Importation into the United States, without the authority of the owner of copyright under this title, of copies or phonorecords of a work that have been acquired outside the United States is an infringement of the exclusive right to distribute copies or phonorecords under section 106, actionable under section 501.”
So it's illegal you may think. But take a close look at sub (a)(2):
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“This subsection does not apply to importation, for the private use of the importer and not for distribution, by any person with respect to no more than one copy or phonorecord of any one work at any one time, or by any person arriving from outside the United States with respect to copies or phonorecords forming part of such person's personal baggage;”
If MP3’s, OGG’s etc are in fact considered phonorecords, U.S. citizens can legally buy these as long if they are for private use and not for distribution. If MP3s, OGG’s etc. are not considered phonorecords, no import laws apply. The sections of digital audio recording and sound recording have no mention of importation.
So in layman's terms the bottom line of this discussion is:
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Downloading from Allofmp3 is legal for U.S. Citizens, as long as the files are for private use and not for distribution.
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Does this sound right?
No. You are feeding the pirates.
by R. Proffitt
- 1/30/06 5:33 PM
In reply to: Is Allofmp3.com legal? by Tallcoolone
I will not debate this. It's a shame your money doesn't end up in the musician's pockets.
Bob
So...?
by Tallcoolone - 1/30/06 6:13 PM In reply to: No. You are feeding the pirates. by R. Proffitt
I don't want to do anything illegal, but it sounds like I can't get in trouble for this? That's all I want to know.
By the way...
by Tallcoolone - 1/30/06 6:16 PM In reply to: So...? by TallcooloneI could legally rip online radio or buy cheap used CDs, and the musicians wouldn't get anything.
(NT) Your choice. But why feed pirates?
by R. Proffitt - 1/30/06 6:54 PM
In reply to: By the way... by Tallcoolone
actually, allofmp3 DOES pay the artists...
by nuclearspike - 1/31/06 6:24 AM In reply to: (NT) Your choice. But why feed pirates? by R. Proffitt
Allofmp3 pays ROMS, ROMS pays the artists both Russian and foreign. They don't pay the RIAA though.
From http://www.museekster.com/allofmp3faq.htm. (asterisks added)
''Allofmp3 has signed agreements for this with Russian Organization for Multimedia & Digital Systems (ROMS). According to license ¹ ËÑ-ÇÌ-02-36 the Internet-project www.allofmp3.com, has the right to use musical compositions by providing downloads. Under the license agreement Allofmp3 pays out fees to ROMS for downloaded materials that are subject to the Russian Federation Copyright And Related Rights Law.
ROMS manages intellectual rights in the Russian Federation. All third party distributors licensed by ROMS are required to pay a portion of the revenue to the ROMS. *******ROMS in turn, is obligated to pay most of that money (aside from small portion it needs for operating expenses) to artists. Both Russian and foreign.*******''
artists don't get paid if you use CD clubs
by nuclearspike - 1/31/06 7:17 AM In reply to: (NT) Your choice. But why feed pirates? by R. Proffitt
For the people who think that allofmp3 is bad because artists don't get paid. First, they are not correct (see my other reply). But second, if you've ever purchased CDs through record clubs such as BMG or Columbia House then the artist did not get paid for that either -- believe it or not. The RIAA is an evil, greedy organization.
What they don't realize is that with digital formats, the cheaper they can make it, the more I will spend. I have never spent a single dime on iTunes store, what a complete rip-off that place is. At least when I paid roughly $1 per track when I used to buy CDs, I actually got a CD with lyrics, photos, etc. The record store had to make a profit, they had to pay the drivers for the distribution, etc and even then it was STILL overpriced. They made CDs more expensive than tapes though the cost to produce went down considerably? Now they want us to continue to pay $1/track for something that has significantly less cost to distribute (bandwidth, server, etc). I have spent $120 on allofmp3 so far. It's the right price point. I will experiment with groups I've never heard of based on recommendations from www.last.fm since paying only $1 PER ALBUM seems like nothing, then I'll actually spent a ton if I feel I'm getting a great deal. I think $.10 /track is the magic amount where paying it doesn't feel like paying anything.
When the RIAA was asked why they don't charge $.10/track they said, "Why not charge $.20 and make double the money?" -- I won't pay $.20 a track, or if I do, I would have to already know that I actually wanted it and not just download for experimentation. They really just don't get it!
Re: By the way...
by - 2/2/06 10:10 PM In reply to: By the way... by Tallcoolone"I could legally rip online radio or buy cheap used CDs, and the musicians wouldn't get anything."
True, but you don't exactly get to choose what you hear on online radio, and it's intended to be broadcast to millions of people. And there's nothing wrong with buying used CD's because the original owner is not keeping copies for his/herself.
But the point is
by Tallcoolone - 2/3/06 1:59 PM In reply to: Re: By the way... byThere are legal ways to get cheap/free music. I want to know if I can get in trouble for using allofmp3.com, and it sounds like I can't.
well only...
by bigpoppa - 2/3/06 3:28 PM In reply to: But the point is by Tallcoolonebecause the legalities of suing a Russian company are difficult. Is it legal? In Russia, yes. Outside of Russia, no! Are you trying to soothe your ethics? Because no matter how you try to change this, its wrong. Artists do NOT get paid from this company and you are only trying to find a cheap way to acquire music. 99 cents a download is too much????
lol
by Tallcoolone - 2/3/06 7:25 PM In reply to: well only... by bigpoppaDid you even read what I posted? IT'S LEGAL IN THE U.S.--unless you see something wrong with the evidence I presented, just accept it.
And yes, I am trying to find a cheap (and legal) way to acquire music. And guess what? I did.
lol
by Glorybox3737 - 2/3/06 10:55 PM In reply to: lol by TallcooloneRight on! There are so many haters, it's crazy!
As of this time
by Ed Mead - 1/30/06 6:24 PM
In reply to: Is Allofmp3.com legal? by Tallcoolone
no one has gotten in trouble for "downloading" from allofmp3, as the RIAA is looking at "uploaders" of copyrighted material. There will come a time when problems could start for downloaders, people who are not sharing (uploading) copyright material. So to say it is legal is probably not correct and being illegal well, only time will tell. I would say this is still a "grey area" in the law of downloading copyrighted material. If at some point allofmp3 gets shut down and your credit info is in their system, you could have money to pay to the RIAA.
Hm
by Tallcoolone - 1/30/06 6:36 PM In reply to: As of this time by Ed Mead
Considering it a grey area sounds pretty reasonable... I will download the rest of the stuff I really want, then I might have to terminate my registration. On the menu, it has ''Terminate registration: if for some reason you do not need the registration on our site'' (lol).
It's legal
by Glorybox3737 - 1/31/06 10:03 AM In reply to: Is Allofmp3.com legal? by TallcooloneThe RIAA can't do anything about it at this time. Also I think more people should support services like allofmp3 because it take power from the RIAA. They are greedy and should be put down. There is nothing wrong with importing music from another country and that is all that users of allofmp3 are doin. The RIAA can't do crap about what is done in Russia. The RIAA is american and the Russians don't have to answer to them.
I doubt the RIAA will get our credit card numbers like people say and why?...because Russia is a differnt country and doesn't have to answer to american businessmen. America can't say a damn thing about it until they make importing mp3s illegal. Even then the people who bought music from allofmp3 aren't in any danger. See it's simple law. How can they get they use the records of people who bought the mp3s against them. At the time they bought the mp3s there was no law saying they couldn't. You can't charge a person for committing a crime when at the time they did it there was no law against it. So right now the people buying from allofmp3 are doing nothing wrong.
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