Gizmo Cafe Blog

AllofMP3 Responds to RIAA Lawsuit

Pressure on Russian-based file service AllofMP3 has been mounting for some time.  The bully is again the RIAA, or Record Industry Association of America, which is treating AllofMP3 as it did the visibly illegal Limewire, Kazaa, and Napster.  Defenders of AllofMP3.com argue that no comparison with those protocols can be made, and that’s exactly what AllofMP3 is now officially telling the press, in an attempt to justify its maintained operations.

AllofMP3 is presenting a much more difficult obstacle for the RIAA than past victims.  That’s because, unlike the aforementioned Limewire and company, AllofMP3.com is an online music store.  They charge users to download songs, and have even been accredited with providing the Russian version of the RIAA with a portion of the profits.

Secondly, they’re based in Russia.  The RIAA…well, it’s the Record Industry Association of AMERICA, isn’t it?

Thus, AllofMP3 is refuting the lawsuit brought against it by the RIAA last week.  In a statement sent to the press, the online store argues,

“This suit is unjustified as AllofMP3.com does not operate in New York.”

And that’s the heart of the matter.  Does the RIAA have the right to pursue AllofMP3 when it is clearly outside of its jurisdiction?  Will many point to this as another indication of the U.S.’ perpetual role as world police, be it militarily or as defender of the cultural arts?

These questions are sure to open a whole other can of worms, but in the meantime it’s not yet clear if AllofMP3 will commit to a full legal battle in the United States.  Although the online store can’t necessarily be held responsible by an American organization like the RIAA, strong U.S. opposition to its operation could make financial success in the profitable North American market just a wee bit tougher.

 

Published Tuesday, January 02, 2007 11:22 AM by Brando

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BLOGical Thoughts » Tuesday, 2 January, 2007 said:

January 2, 2007 9:39 AM
 

Steve said:

“Does the RIAA have the right to pursue AllOfMP3 when it is clearly outside of its jurisdiction?”

The RIAA has no jurisdiction – it’s just an association representing the IP rights of its members.  Governments have jurisdictions.  “Juris” is Latin for law.  The RIAA has the right to go to the authorities in the jurisdiction in which AllOfMP3 operates and ask for redress for the damages it says AllOfMP3 has caused it by its actions, under the laws in the jurisdiction in question.  You and I have the same right to ask for a prosecutor in any jurisdiction to pursue a criminal case against someone in that jurisdiction you think has wronged you, or to initiate a civil case in that jurisdiction under that jurisdictions laws.

That’s no guarantee of success, of course.  Especially if that jurisdiction doesn't recognize that you've been damaged in some way.  That can happen a lot with intellectual property cases.

Do Russian laws support the RIAA or AllOfMP3?  Consider this.  Russia wants to join the WTO, but is not a member yet.  The last working session on working out the rules was held in March 2006, and the Russian lawmakers are working on legislation to get Russian trade rules consistent with WTO requirements, including laws on how intellectual property is protected.  Actions like how AllOfMP3 is handled will play into how quickly the WTO allows Russia to join.

But then that's the point of the WTO, isn't it?  To make sure everyone is playing by the same set of rules.  As the economic and trade chaos of post-Soviet Russia is slowly tamed by multilateral treaties like those covering accession to the WTO, operations like AllOfMP3 will find that they have to follow the same rules as any American music download site.  Not because the RIAA says so, but because the Russians want it to be that way in order to gain access to markets and other benefits.

It's easy to blame the RIAA for everything.  In this case, though, I'm not certain that they've crossed any lines.
January 2, 2007 11:16 AM
 

Joseph said:

If anything, RIAA is giving more attention to AllOfMP3.  If they are trying to shut them down, they just gave them more business.
January 2, 2007 2:00 PM
 

Negrodamus said:

Why do the artist have to get paid?
Why cant we have a society that revoles around 9-5 boring jobs and if you happend to make a song for everyone, do it because you love music.. not because its your career

But again I still support communism

January 8, 2007 8:08 AM
 

RIAA SUCKS said:

U.S. minimum wage is below $5.00 an hour.

In Europe is less than $10.00 dollars a day (not an hour).

In third world countries min wage can be as low as 1.00 dollar a day.

RIAA allows Mexico to sell legitimate CDs for less than $2.00 dollars within that country.  Just imagine: a legitimate CD at $15.00 dollars would equal half a month wages in other countries.

Media services sells CD albums for about $1.00 dollar in Russia. Which is an affordable price to pay at that community. The problem is that Media Services went internet with Allofmp3.com. Customers earning $30.00 a month in 3rd world countries can afford a dollar for an album.

Since the web can be access by Americans that earn $250,000.00 dollars a year; the RIAA believes they are loosing money and revenues otherwise (I call it greed).

Therefore it has to be censored, isolated and eliminated if possible… So that we pay higher royalties than if we were residents of another nation (greed).
January 8, 2007 9:31 PM

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About Brando

Brando's been gaming a long time. From Atari to NES to Genesis to, sigh, Game Gear, to PC to N64 to PS1 to Xbox to PS2 to Xbox 360, he's wasted a lot of time. But, isn't that the meaning of life?