You should have posted the rest of their argument, with excerpts from each of those "long winded confusing names and numbers" to justify their position. The last paragraph after Example 3 is probably their strongest argument.<a class="user" href="http://www.allofmp3.com/press/centre.shtml?s=993&d=18191974">http://www.allofmp3.com/press/centre.shtml?s=993&d=18191974</a>602. Infringing importation of copies or phonorecords (the "Importation for Private Use Exception") (a) 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. This subsection does not apply to- ... (2) 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 ... (emphasis added).Viewed one way, ? 602(a)(2) says if you obtain a copy of music legally in a foreign country, there is a personal exemption to bring that copy into the US. So you should be OK if you buy a legal CD in Russia or some other country, and bring it back to the US. We think three examples may be helpful in understanding our view as to how this statute applies to the ALLOFMP3 service: Example 1. If you were in Russia and used ALLOFMP3 to make a CD, which is legal for you to do in Russia (see the answer to Question 1, above), and you then bring that legally procured CD back to the US for your own personal use, we see that as being within the scope and spirit of what is allowable under ?602. Example 2. If you were in Russia and used ALLOFMP3 to download music to your iPod, which is legal for you to do in Russia, and you then bring that legally procured music back to the US for your own personal use, we see that as being within the scope and spirit of what is allowable under ?602. Example 3. If you owned an apartment in Moscow and another in New York, and if you downloaded music to your Moscow home computer from ALLOFMP3, which is legal to do in Russia, and then you later connect to your Moscow home computer from your home computer in New York so that you can move your legally obtained music to New York, we see that as being within the scope and spirit of what is allowable under ?602.As such, our view is that ? 602 allows for the importing of a legally purchased music selection from a user's ALLOFMP3 space into their private music library. As part of the ALLOFMP3 service, with every download item you purchase, you also obtain personal space (for up to two weeks) from which you can download your selected items. As this is a user's personal space located on servers in Russia, the user's downloaded items are legally procured and held in that space under Russian Law. When a user selects to retrieve music from ALLOFMP3, it is not merely streamed, but it is downloaded by the user as the file is ultimately dislocated from the user's personal storage space in Russia and moved to the user's storage space in their personal library. It is important to note that when a user downloads music from ALLOFMP3, the music in their personal space on the ALLOFMP3 server in Russia is simultaneously deleted as soon as the download completes into the user's private music library; as such, there is only one copy of the work that exists.AND that is just their argument using the U.S.C. 602 legistlation, they have several other good examples at that top link as well.
They should move their servers to Sealand. Their wacky laws allow anything and they will destroy your servers if enemy combatants (lawyers) come calling.
Good. Perhaps thats the way forward here in America too.Allofmp3 are not legal, never have been and never will be... right up until the point the Russian authorities rush and beat the s**t out of everyone and take the servers, which I hope is anytime now.
WHO CARES...if it's legal or not!!! Who cares if through some technicality of international law they can claim that it "might" be legal. The litmus test is, are the artists who created the music getting any portion of the purchase price? The answer is a resounding "no." C'mon folks, if you like the art, support the artists. It's as simple as that. Period. Don't buy/steal music from someone if you like the artist. Have a little integrity. Otherwise you're just a little panty-waste f-head. Respectfully?Dave
And could you explain how they are thieves?They pay x% per track for there licensing, as the Russian law states. The artist gets there %. The only people that are loosing out is the RIAA, as the music is not going through them in this case.
That site rules. Record industry should be looking at similar price ranges, schemes. Let's hope they spawn 100 different sites with the same technologies under 100 different companies all over the world, a change on the way people buy music will come.I'd buy from iTunes with their current prices if it wasn't for the stupid DRM.
<a class="user" href="http://westsounds.com">http://westsounds.com</a> claims to have a simply enormous catalog - over 200,000 albums online. This seemingly extensive catalog contains not just the latest and greatest, but also older tracks too - which lots of people (like me) are shopping for. I have had a tendency to lose CD's over the years, so this is a good way for me to reclaim (cheaply) the music I've already bought in the past.
menelNov 29, 2006
You should have posted the rest of their argument, with excerpts from each of those "long winded confusing names and numbers" to justify their position. The last paragraph after Example 3 is probably their strongest argument.<a class="user" href="http://www.allofmp3.com/press/centre.shtml?s=993&d=18191974">http://www.allofmp3.com/press/centre.shtml?s=993&d=18191974</a>602. Infringing importation of copies or phonorecords (the "Importation for Private Use Exception") (a) 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. This subsection does not apply to- ... (2) 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 ... (emphasis added).Viewed one way, ? 602(a)(2) says if you obtain a copy of music legally in a foreign country, there is a personal exemption to bring that copy into the US. So you should be OK if you buy a legal CD in Russia or some other country, and bring it back to the US. We think three examples may be helpful in understanding our view as to how this statute applies to the ALLOFMP3 service: Example 1. If you were in Russia and used ALLOFMP3 to make a CD, which is legal for you to do in Russia (see the answer to Question 1, above), and you then bring that legally procured CD back to the US for your own personal use, we see that as being within the scope and spirit of what is allowable under ?602. Example 2. If you were in Russia and used ALLOFMP3 to download music to your iPod, which is legal for you to do in Russia, and you then bring that legally procured music back to the US for your own personal use, we see that as being within the scope and spirit of what is allowable under ?602. Example 3. If you owned an apartment in Moscow and another in New York, and if you downloaded music to your Moscow home computer from ALLOFMP3, which is legal to do in Russia, and then you later connect to your Moscow home computer from your home computer in New York so that you can move your legally obtained music to New York, we see that as being within the scope and spirit of what is allowable under ?602.As such, our view is that ? 602 allows for the importing of a legally purchased music selection from a user's ALLOFMP3 space into their private music library. As part of the ALLOFMP3 service, with every download item you purchase, you also obtain personal space (for up to two weeks) from which you can download your selected items. As this is a user's personal space located on servers in Russia, the user's downloaded items are legally procured and held in that space under Russian Law. When a user selects to retrieve music from ALLOFMP3, it is not merely streamed, but it is downloaded by the user as the file is ultimately dislocated from the user's personal storage space in Russia and moved to the user's storage space in their personal library. It is important to note that when a user downloads music from ALLOFMP3, the music in their personal space on the ALLOFMP3 server in Russia is simultaneously deleted as soon as the download completes into the user's private music library; as such, there is only one copy of the work that exists.AND that is just their argument using the U.S.C. 602 legistlation, they have several other good examples at that top link as well.
sensibledriverNov 29, 2006
They should move their servers to Sealand. Their wacky laws allow anything and they will destroy your servers if enemy combatants (lawyers) come calling.
Closed AccountNov 29, 2006
Good. Perhaps thats the way forward here in America too.Allofmp3 are not legal, never have been and never will be... right up until the point the Russian authorities rush and beat the s**t out of everyone and take the servers, which I hope is anytime now.
orp2000Nov 29, 2006
WHO CARES...if it's legal or not!!! Who cares if through some technicality of international law they can claim that it "might" be legal. The litmus test is, are the artists who created the music getting any portion of the purchase price? The answer is a resounding "no." C'mon folks, if you like the art, support the artists. It's as simple as that. Period. Don't buy/steal music from someone if you like the artist. Have a little integrity. Otherwise you're just a little panty-waste f-head. Respectfully?Dave
sirdazNov 29, 2006
And could you explain how they are thieves?They pay x% per track for there licensing, as the Russian law states. The artist gets there %. The only people that are loosing out is the RIAA, as the music is not going through them in this case.
hamstereaterNov 29, 2006
Oh the poor artists, what will they do without their Hummers with large rims and spinnas and million dollar airplanes?
Closed AccountNov 29, 2006
That site rules. Record industry should be looking at similar price ranges, schemes. Let's hope they spawn 100 different sites with the same technologies under 100 different companies all over the world, a change on the way people buy music will come.I'd buy from iTunes with their current prices if it wasn't for the stupid DRM.
lynn27644Sep 11, 2008
<a class="user" href="http://westsounds.com">http://westsounds.com</a> claims to have a simply enormous catalog - over 200,000 albums online. This seemingly extensive catalog contains not just the latest and greatest, but also older tracks too - which lots of people (like me) are shopping for. I have had a tendency to lose CD's over the years, so this is a good way for me to reclaim (cheaply) the music I've already bought in the past.