AllofMP3 Owner Faces Fines, Jail Time
By the Betanews Staff | Published July 24, 2007, 4:12 PM
Russian authorities are seeking jail time for Denis Kvasov, the owner of AllofMP3.com, along with paying restitution to EMI, Warner, and Universal. Kvasov could face up to three years in prison, plus fines of 15 million rubles ($590,000 USD) if the courts rule in the prosecutors' favor. AllofMP3 closed last month after Russian authorities clamped down on the site.
It's not clear, however, if AllofMP3 is completely out of business. Mediaservices launched a new site, MP3Sparks.com, which is essentially identical to that of AllofMP3. Russia has a vested interest in seeing AllofMP3 shut down: its entry into the World Trade Organization was predicated on cracking down on piracy. The site was even mentioned specifically in the list of milestones that the country would have to meet in order to be allowed into the trade body.
Since Allofmp3 has been shut down by russian authorities, it's time to take a look around and see where else legal mp3s can be purchased at a fair price.For the people who want to find other services like allofmp3, here are the top 10 allofmp3 alternatives http://hubpages.com/hub/russianmp3site...
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|Since Allofmp3 has been shut down by russian authorities, it's time to take a look around and see where else legal mp3s can be purchased at a fair price.For the people who want to find other services like allofmp3, here are the top 10 allofmp3 alternatives http://hubpages.com/hub/russianmp3site...
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|There will always be alternatives, even if AllTunes (the last bit of AllOfMP3 to still be around and operating) closes down too: there is a huge list of sites similar to AllOfMP3 at songboom.com that anyone can still use...
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|They've done this before. Russia took mediaservices to court back in the day and it was dismissed. Unless the laws have changed (and Putin has been pushing for it), they're still legit...in Russia.
A lot of folks here don't seem to understand the differences between US and Russian copyright law.
In Russia, all copyrighted material is under community license. Meaning any store or reseller is *legally* allowed to sell copyrighted material so long as they pay a percentage to ROMS.
This is *vastly* different from the US and EU copyright laws.
In the US, the RIAA can raise costs at a whim. They can restrict licensing and the content to such a degree as to make it nearly unuseable and *still* charge their premium prices.
In Russia, the costs are determined by the retailers (in effect, by what the people are willing to pay). The RIAA/ROMS have very little say in cost, and content restrictions (DRM) cannot work because someone could just re-encode it and *legally* sell it without protection.
The artists get paid (those who's labels will accept ROMS payments) based on what the people are willing to pay, not on what some SIG, label, or they themselves decide they should be making. Regarding art, this is closer to the way it should be than how it is in the US/EU, IMHO.
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|The problem with this approach is it does not allow for no talent leeches to stay in coke and hookers. So we can not have this.
What makes more sense, is to have the artists get paid nothing, have the distributors/studios get a large chunk, and the lawyers the other large chunk.
Have the ones getting the large chunks set artificial pricing based on how much they need to create no talent acts that can not write music or do anything artistically besides sing (and sometimes not even this), and market them around the world.
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|The problem with this approach is it does not allow for no talent leeches to stay in coke and hookers. So we can not have this.
*laughs*
Too true...
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|Frankly, I agree - with very low prices, an artist's royalty for any given song can still be very good if it's popular enough to be downloaded a large number of times.
There are still problems (people selling illegally despite the low prices, works that require more time and effort not being sold for much more (books, etc) ), but overall it's far better than the current U.S. system, which tends to foster a disregard for the law due to its blatant corruption.
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|Last time I was in Russia (admittedly quite a few years ago), books were actually quite a bit more expensive than music. I think most people there realize a good book will last you a lot longer than the latest Britney CD...
Things may well have changed since then, and you're right, but some authors pen a book in weeks and some musicians take years to perfect an album...
There's no real black & white there.
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|Well there's mp3sparks then there's another one he's got. The other one looks just like the old allofmp3. It's still a gray area. But then again the RIAA has issue's with Itunes as well... so.....
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|Maybe he will end up working out a deal by turning over info of those who have used AllofMP3.com. I'm sure the RIAA would love to get a hold of that.
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|Not sure what the RIAA could do with that information. Theoretically there is a protection clause protecting consumers when purchasing counterfeit albums. ie bootleg's. That's the old way. RIAA wants to re write the laws, but that protection is still there.
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|From what I've read, he's been *giving* part of the sale of each song to the russian RIAA equivalent, ROM (Russian Organization for Multimedia & digital systems), but the RIAA won't take their money because they don't recognize them as a legitimate organization.
(this is their site: http://www.roms.ru/)
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|I really wouldn't care if he was offering FREE mp3's, but he's charging money so technically he does owe royalties to the bigwigs.
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|Which, technically, he's paid to ROMS.
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|Which, technically, is still just as illegal.
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|ROMS is BS though, its worded in a way that makes you believe it is legal. If allofmp3 is paying the respected artists where is the money going?
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|No, it's not. If ROMS is illegal, SoundExchange is illegal. ROMS is to Russia what SoundExchange is to the USA.
Just because some US company or cartel says that something is illegal in another country, doesn't make it so. Of course, when they pay enough money, it will become illegal, but until then, it isn't.
As for where's the money if they've been paying that money to ROMS, the major record labels have just refused to collect money from ROMS.
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|So said artist has requested with a court order for them to remove their music, it never gets taken down, tell me how legit roms is now?
There is hundreds of independent artist on there who are fighting to be removed and they give them the runaround. Sorry, the site is not legal especially when its closed by order and reopened again? How can you even believe thats legit?
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|That's a straw man. I never said the site wasn't illegal, I said ROMS wasn't illegal.
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|ROMS has HUGE holes in it, it doesn't go into specifics on anything and is quite vague.
If it was more specific or was actually recognized as legit, it would be a different story.
I've had friends contact ROMS to try to get the money owed to them and its just a big runaround. allofmp3 exists because of how vague roms really is.
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|whatever, just because people here dont like it (RIAA) doesnt mean its illegal THERE.
How many other things can u say is illegal here, but not illegal somewhere else? So if i go to Sweden and smoke pot, am i doing something illegal?
NOPE!
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|ROMS is BS though, its worded in a way that makes you believe it is legal.
Nice claim. Can you back it up?
If allofmp3 is paying the respected artists where is the money going?
Mediaservices is paying ROMS. By Russian law, that is all that is required. It's up to ROMS and the RIAA to work out a deal after that, and the RIAA has *refused* any payment from ROMS.
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|Technically, it's not.
They pay their russian licensing fees to ROMS just as an American company would pay them to the RIAA. The problem is between the RIAA and ROMS.
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|So said artist has requested with a court order for them to remove their music, it never gets taken down, tell me how legit roms is now?
In US court? The US court has *no* say in Russia, and has no effect on ROMS at all.
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|My point is if you request they take YOUR music off the site and they do not how can this be legal?
They never were given permission to use the music in the first place. We are talking small independent labels that do not have distribution in Russia, so how did they acquire said music by legal means?
I could give a less of a damn about big artists but for small labels that sell roughly 1000-3000 that are affected by this, sucks.
Just search for allofmp3 on Side-Line - most of the posters are musicians and run these small labels.
IMO it sounds like ROMS is a leftover from communist russia.
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|My point is if you request they take YOUR music off the site and they do not how can this be legal?
Because copyright is handled differently. In Russia, once a song is released, the artist has no say in it. How do you stop a pebble in an avalanche? Everyone laughs when someone suggest removing a file form filesharing...because if it's already out there, it's impossible. Same diff.
They never were given permission to use the music in the first place.
Same. Song released, artist looses any right to reconsider and say, "Oops, I didn't want anyone to buy that..."
Your indie labels need to contact ROMS. If that fails, they need to contact the Russian Parliament.
I admit it's not perfect, but it is a *damn* sight better than the current situation in the US and EU.
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|I agree it is much better then the RIAA.
The indie labels have tried with roms, not the russian parliament though. (thanks)
But still $1.20 for an entire cd still seems criminal.
Even if the artist does all the work, they still got to pay for the cost of the cds, pressing, production, mastering, inserts. The promotions, djs, equip upkeep. etc etc.
I could agree if it sold for 6-7 dollars as that seems a fair deal with no drm.
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|Another point is whether the artist actually even holds the copyright on the music any more - has that been confirmed? Most RIAA artists have to sign their copyrights across to the records label.
I have a feeling that even if the RIAA were able to strongarm money out of the Russians, none of it would ever get back to the artists anyway.
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|Look, it's their country and they make the laws there.
Unless you want Russia coming across to the US and saying change your laws on some issue (and can you imagine what a stink *that* would cause), then I'm afraid you'll have to agree to disagree...
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|it seems criminal based on the conditioning you have been exposed to, you think russians dont view paying $20+ for a cd criminal?... i do and im not russian.
and yea if they are distributing through brick and motar then those would be costs incorporated but if they were more e-based at a lower price point and people could use their purchases how they wished they may sell more.
sure you lose profit margin but if you cant meet sales becuase noone wants to pay the high price point then you lose profits period.
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|But still $1.20 for an entire cd still seems criminal.
That's because you've been under the RIAA's foot for so long you can't see. :p (No offense)
The costs associated with distributing music are negligible nowadays. Considering that music can now be written, created., mixed, and published from one's livingroom...
they still got to pay for the cost of the cds, pressing, production, mastering, inserts. The promotions, djs, equip upkeep. etc etc.
No CD's. AllofMP3 was digital only. Production and mastering can be done on your average PC nowadays (or Mac). Promotions, DJs, equipment, etc can be paid for with concerts, or a load of popularity (heavy downloads), as it should be.
The unpopular one's should be supported by artificially increased profits. Let Darwin handle them. :p
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