Allofmp3 Doesn't Really Care If Russia Joins The WTO Or Not

from the try,-try-again dept

The US (thanks mostly to RIAA lobbyists influencing politicians) has been putting pressure on Russia to shut down the infamous Allofmp3.com as a condition of being admitted to the WTO. However, there's still the same old problem that Russian authorities don't really see Allofmp3 as violating local laws. The company itself has finally put out a statement on the matter basically saying that Russia's position in the WTO is of no concern to them, and they're just going to keep selling music as they've always done. In fact, they've picked up on the idea that all this anger over their existence is helping them on the marketing side (just as every other attempt to shut down online services has done). An Allofmp3 spokesperson is quoted as saying: "[US Trade Representative] Susan Schwab markets us so effectively -- she could already be our press secretary." They then reiterated that they're in complete compliance with Russian law, and that the complaint is really anger over them being a better, cheaper competitor.

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  1. identicon
    Cleverboy, 9 Oct 2006 @ 6:36am

    How about this...?

    Is paying ROMs paying the artists? Is it legal? Let's put the two questions to bed.

    http://www.museekster.com/files/press-release%20ROMS.doc
    ROMs press release (their OWN words, people... not anyone else... regarding Russian LAW):
    "According to Section 2 of Clause 47 of the Law of Russian Federation on Copyright and Related Rights, any owner of copyright or related rights, including those who have not concluded an agreement with ROMS, has the right to demand due compensation according to the distribution performed by ROMS."
    Furthermore... [ROMs press release]:
    "2. The possessors of author's and adjacent rights, the not granted authorities organizations with respect to the collection of reward, provided in the point of 4 articles 46 present of laws, are right to require from the organization to pay off the reward in accordance with the produced distribution being been due to them, or to exclude their works and objects of adjacent rights from the licenses, allowed by this organization to users."


    Ok... B-But, they were paying the artists anyway, right? ROMs has in the past, claimed to be a member of CISAC (the International Confederation of Societies of Authors and Composers). Anyone bother to report on their expulsion at the end of 2004 (pretty much two years ago exactly)? Anyone care to read WHY they expelled ROMS?

    CISAC Press Release:
    "The General Assembly of CISAC decided at its meeting in Seoul on October 2004 to expel Russian organization ROMS from CISAC membership on the grounds that it has been issuing licenses to copyright users without the authority to do so from all relevant copyright owners. CISAC concluded that such actions contravened internationally accepted collective administration principles, to the detriment of the creative community represented by CISAC."

    http://www.cisac.org/web/Content.nsf/Popup?ReadForm&Page=Article&Lang=EN&Alias= Web-2005-03-ROMS

    The director of Mp3Search has publically said:
    "An amended legislation will come into force beginning from the 1st of September 2006. It will be obligatory for an organization on collective management of copyrights (RAO, ROMS and others) to conclude agreements with all copyright holders whose works they want to give in the Internet. We have time yet to decide how to win in this situation."


    Sounds like a man without legal options to me.

    Alex Jacob of the International Federation of the Phonographic Industry (IFPI) has stated clearly earlier this year:
    "Allofmp3.com is not a legal service either in Russia or anywhere else. It is distributing music without any permission from the artists or copyright holders. Unlike all the legitimate sites, it does not pay artists or copyright holders so it is effectively stealing from those who create music. Like most things that appear to be too good to be true, allofmp3.com is not what it seems."


    As of September 1st, its never been more true. Has anything changed in the last 39 days? I'm guessing... "no". Yet, people continue to act as if the old argument is still in effect... "Me know noootheeenk!" Just because AllofMp3.com or comments regarding legitimacy through ROMs doesn't have a legal leg to stand on anymore... and as such, will remain quiet while scratching their collective chins... doesn't mean they win arguments by virtue of silence. I'm sure ROMs makes loads of money through AllofMp3 over the years.

    Will there be foot shooting and face spiting? Will Russian law be enforced? Stay tuned true believers as the world watches.

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