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AllofMP3 Legal Clarification

Just heard on Channel4 news that the 'cheap' download site Allofmp3.com is illegal and the BPI (I think that is who they said it was) are going to take them to court as apparently they don't have a license to sell in the UK or Russia for that matter. As this was on Martins weekly email last week I just wanted to know if either Martin or another Mod could tell us exactly what the suituation is.

Aplogies if posted in wrong area, wasn't sure where best to post:o
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Comments

  • Clasics
    Clasics Posts: 1,740 Forumite
    I thought they tried to take them to court a while ago and the Russian police decided they didn't have a case?
    I spelt my username wrongly on purpose, by the way!
  • AndyC111
    AndyC111 Posts: 42 Forumite
    Yep that is what I thought, but after seeing the news at 12 it appears that a court case will be following in the near future, might be worth saying though that they did state that they were taking to court the site and not the people that currently use it.
  • bs7
    bs7 Posts: 774 Forumite
    Because they claim it is illegal does not necessarily mean it is illegal - they can claim whatever they want, it'll be interesting to see if and when they manage to persuade a Russian court that their opinion is correct.

    So it still is, as Martin suggested, a grey area - since as yet it hasn't been determined as being 'illegal' in a court of law.
  • rchddap1
    rchddap1 Posts: 5,926 Forumite
    Here is an article on the BBC News website about this site

    http://news.bbc.co.uk/1/hi/entertainment/5051826.stm
    Baby Year 1: Oh dear...on the move

    Lily contracted Strep B Meningitis Dec 2006 :eek: Now seemingly a normal little monster. :beer:
    Love to my two angels that I will never forget.
  • I'm guessing that it doesnt have to be heard in Russia, it could be declared Illegal here in a UK court and they could be banned from selling to the uk.

    its a popular ploy of microsoft to sue smaller companies who trade on the internet...sue them in one country and if they lose then sue them in another country till either the company being sued can no longer afford to represent itself or they get a favourable decision.
  • jimmmyc
    jimmmyc Posts: 131 Forumite
    If the record companies want it stopped then they should go after allofmp3.com as others have said it is a very professional site, with what looks like legal back up, and it says very clearly its legal.
    It would seem rather harsh to go after a consumer who is paying for their downloads in good faith (Ok its very cheap)
    I just did a search for downloads on google, how many of the results are for legal sites one was a peer to peer site and claimed it was legal.
    How are we supposed to know whats right??

    The record/film industry always like to compare this to other types of theft, so is it similar to conterfeit goods. If I bought a cheap shirt from a market and thought it was legite its the market trader thats ripping me off.


    Remember the good old days -HOME TAPING IS KILLING MUSIC- funny that, they all seem to be doing very nicely still and isn't the music better than it was back in the 80's??
  • JasonLVC
    JasonLVC Posts: 16,762 Forumite
    Part of the Furniture Combo Breaker
    With regard the bbc news article.

    I think it would be very difficult for the BPI to prosecute an individual for downloading music they thought was legitimate. The average consumer does not have to be a legal expert and if the website says its got a license then the consumer can ony accept that in good faith. Even if the prices are low, it could indiciate a company making a loss to break the market place (tescos does this all the time and yet we don't think they must be breaking the law by offering beans so cheaply) and the consumer should not automatically assume fraud/illeagal. The music is from current releases (not pre-realeses albums or films not released on the format as yet, so totally different to car boot piracy).

    The BPI could ask you to stop using the service but again, they'd have little effective powers at a local level. I can buy music from the states, cameras from Japan and cars from European dealerships - at diferent prices and different levels of after sales care - all have failed in the past to stop what is ultimately protectionism or competition.

    Yes, this russian site may not pay royalties to the artists, but if the law of that land allows them to do so, then there's little anyone can do about, no matter how much the legal folk threten and complain about it.

    Clearly you pay for the music via Visa/Mastercard and so these two corporate giants seem to have no problem trading with 'an illegal' company and taking their 1% of each sale, so perhaps the BPI want to take up the battle with the banks instead.
    Anger ruins joy, it steals the goodness of my mind. Forces me to say terrible things. Overcoming anger brings peace of mind, a mind without regret. If I overcome anger, I will be delightful and loved by everyone.
  • bs7
    bs7 Posts: 774 Forumite
    I'm guessing that it doesnt have to be heard in Russia, it could be declared Illegal here in a UK court and they could be banned from selling to the uk.

    The problem is with jurisdiction. I'm not sure if UK consumers purchasing a service abroad would give any court in the UK sufficient grounds to hear any case. I suppose they could find someone that has purchased an item off allofmp3.com and attempt to sue them though.


    JasonLVC wrote:
    The BPI could ask you to stop using the service but again, they'd have little effective powers at a local level. I can buy music from the states, cameras from Japan and cars from European dealerships - at diferent prices and different levels of after sales care - all have failed in the past to stop what is ultimately protectionism or competition.

    Good point. They could ask people to stop. They could educate people as to why that site is "illegal" and justify why people ought to pay considerably more. By that's not their way - their way is to attempt to scare and bully people into giving them money, not through reasoned argument.
  • well of course its illegal, er.. common sense alert!

    If nothing else its morally wrong, tbh I think money saving is great but you gotta draw a line at stealing surely??! Bottom line is, the artists dont get paid. Thanks all you guys using the site, my bro, a pro musician is being cheated out of money that he has worked very hard for - he has trained since he was 7 to be at the standard he is and people just dont give a f*** that they are cheating him and his family (inc 2 toddlers) out of money.

    But hey, thats OK, at least you are saving some £££s. I know, why doesnt he just come round your place and nick the food off ya shelves. Afterall, he would save himself money....

    I hope the BPI clamp down hard and catch up with the users. Lets face it, they'll be easy to trace!

    So sad, all people care about is themselves and how much money they can save without a second thought for the consequences. Yes my brother does depend on royalties, can he afford to lose income - hell no, he has barely two beans to rub together. Im sure this post will be followed by plenty of post rationalisation by people who cant face up to the truth, thing is, we all know its illegal, we all know its morally wrong, we all know if it was our product being ripped off we'd be furious. Yet people will still come to its defence.

    So sad, so frustrating, so typical...
    Debt: a bloomin big mortgage

    all posts are made for entertainment value only, nothing I say should be taken as making any sense and should really be ignored
  • JasonLVC
    JasonLVC Posts: 16,762 Forumite
    Part of the Furniture Combo Breaker
    well of course its illegal, er.. common sense alert!

    If nothing else its morally wrong, tbh I think money saving is great but you gotta draw a line at stealing surely??! .

    But hey, thats OK, at least you are saving some £££s. I know, why doesnt he just come round your place and nick the food off ya shelves. Afterall, he would save himself money....

    So sad, all people care about is themselves and how much money they can save without a second thought for the consequences. Yes my brother does depend on royalties, can he afford to lose income - hell no, he has barely two beans to rub together. Im sure this post will be followed by plenty of post rationalisation by people who cant face up to the truth, thing is, we all know its illegal, we all know its morally wrong, we all know if it was our product being ripped off we'd be furious. Yet people will still come to its defence.

    The only people who think it illegal are the music industry and those within it. As I understand it, copyright law (or aspects of it), is not recognised in parts of Russia and the Russian judiciary have considered the site to be legal. Now, whether the music industry agrees is another thing!.

    It's a legal grey area for sure, but the world is full of loop-holes, that how murderers get off and solicitors earn their living. Doesn't make it illegal.

    Of course, the BPI & co would rather prosecute some students 'buying' music from this site or peddle rumour about morality then actually fight the Russians. But morality and music don't go together. The music industry loves to play hard. Rap music with controversial, police baiting lyrics and profanity (that's ok), making drugs cool and shooting up in public (that's okay too), charging 80p for a download in the UK when it is 50c in the states (that's okay), suing apple or anyone else who has an apple / apple tree/apple logo! (that's okay). But god forbid, some enterprising person sets out to exploit a legal loop-hole and all hells breaks loose.

    You talk about people out for themselves. Well, spare a thought for the farmer who gets paid a few pence for a pint of milk so that Asda can sell it at a profit. Those bogof's you see in tescos are 100% funded by the supplier, not tesco - yet where do you think the profit goes?. Banks charging you £30 for overdrawing by 1p and lending unemployed folk huge sums of cash at 50% interest rates. To take the moral high ground would mean not shopping at a supermarket, using a bank or even using this web-site as a fair lump of the stuff on here is about mis-prices, badly thought out marketing offers, etc. That's why we have a forum called grabbit quick!.

    What I'm getting at here is that the music indutry is far from special and just as corporately derelict as all the other corporations out there. I have zero sympathy for the music industry. I understand your brother's plight, but he's no different to other people getting ripped off. Why should I pay £100 more for car insurance because someone else choose not to?. Your brother is merely a victim of the music industry.

    I'll end on one last thought. Both in the USA and UK, corporations make great use of illegal immigrants (cleaners, catering, etc). It's because they are cheap. Your lettuce in Sainsburys was likely picked by a Romanian under the eye of a Gangmaster for about 50p per hour. But it's illegal and yet morally okay if it increases profits, and keeps the cost of our dinner down. The Home Office, hotels, car makers and farming on both sides of the Atlantic all accept low-paid illegals, knowing the risk is low and the return is high - I'm not defending allofmp3, just that it ain't illegal yet so no-one can take the moral high ground on this.
    Anger ruins joy, it steals the goodness of my mind. Forces me to say terrible things. Overcoming anger brings peace of mind, a mind without regret. If I overcome anger, I will be delightful and loved by everyone.
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