ok this is going to get ALOT of people to FLAME!!! but here we go,
Last night I came across a review for an apparently legal, VERY low cost Music download site by the name of allofmp3.com
From what I can gather, this Russian based audio download site is totally legit and songs can be downloaded for as little as $0.01 per MB. That's around 3 cents per song.
Too good to be true?...Is this legal? A user review on the TechIMO Forums states...
quote:Russian copyright law is completely different from that found in North America and many parts of Europe. At present, the law is written to favor end users and third party distributors. Copyright laws typically cover fees for both the performing artist and the record company. In Russia, the performing artist does get paid, but the record companies are not being paid a fee for every tune downloaded or sold - they are paid by an annual contract flat fee. Thus, Allofmp3 does have its paperwork in order to stay in compliance with Russian laws.
Do the ever-powerful RIAA know about allofmp3?
quote:The RIAA is completely aware of Allofmp3, but their hands are tied. Russian courts will not recognize a suit by the RIAA filed in their country. The RIAA has little regard within Russia's own record company associations, and Russia considers the potential revenue to be earned by online services to be enormous, and they avoid regulating them. The RIAA will get a hostile response to any attempted legal action. Further, the RIAA will never successfully subpoena customer records and cannot track IP connections with the service, so the potential of the RIAA suing end users is right up there with a blizzard in Cuba.
the site has been do for about 3 years (so i hear) and i know people are going to have some VERY strong opions about this, but it is HOT, and thats the bottom line.
taken from ipodlounge
edit:now you can buy songs with paypal, i bought 1gb (10.00) and i was gven 11.00 in my account due to the 10% bonus till the 26th. this is a great service for getting all thoes radio singles you hear
sidsavara
Addicted Member
posted: Dec. 31, 2003 @ 2:01p
!!!
I'm not sure what to say. It's hot if it's legit, but ... do songwriters/artists get any money off this?
If nobody makes money except the people you are d/ling it from (russian guys) I'm not entirely sure it's a legit copy you're getting. Mixing copyright laws from different countries is tricky. If you buy a stolen car, it's still stolen, and the police will take it from you.
YMMV to the title maybe? Your Ethics May Vary too =p
Sid
viper673
Senior Member
posted: Dec. 31, 2003 @ 2:03p
From their site:
Before you continue browsing the site (registration on this site), you are to read and agree with all the clauses of the following document. In case you disagree with any of the clauses, you have no right to continue browsing the site (registration on this site), and must immediately leave it.
You agree with the fact that you are not able to use and even to download audio and video materials from Allofmp3.com catalogue if it is in the conflict with legislation of your country. Allofmp3.com Administration is unable to control all Allofmp3.com users, therefore the users are responsible for usage of the materials represented on the Site.
It might be legal in Russia, but if you use this song in the US then it is not a legal copy. As much as I would like to believe it is, use your common sense.
The only benefits to using this service are:
1) The riaa MIGHT not be able to track your d/l habbits to send you a nasty law suit. (who knows about the future though).
2) You can get your music from a nicely layed out website.
If you don't mind using p2p services you might as well stick with them becase they aren't any different (legally).
Airjrdn
Member
posted: Dec. 31, 2003 @ 2:08p
Well, you are also able to get music videos here. I'd buy music videos if I knew of a legit place to get them. It's hard finding a lot of good 80's music videos though.
WillysEmptyWallet
Senior Member - 10K
posted: Dec. 31, 2003 @ 2:12p
Our site provides chargeable service - VIP Club. 95% of materials in the Allofmp3.com catalogue are only available for VIP users. There are several ways of joining VIP Club:
Monthly subscription:
Download speed - 256 kilobit/sec (10x3) for each VIP user irrespective of his location in the world; No restrictions on connections from IP addresses; Possibility to download up to 1000 files per month (irrespective of the size); Technical support; Access to service is carried out according to special rules (more...) This subscription plan is the best for owners of fast modems and low-speed dedicated channels, those who can download large volumes of information. Subscription price: $14.95 per month.
Payment by traffic:
No monthly payments - the account sum decreases only when you download files; No restrictions on speed or the number of simultaneous IP connections; No geographical restrictions; Possibility to fill the account with any sums at any time; The account remains active while there is at least one cent on the account; Technical support; Access to Online Encoding service. This variant is the best for the users, who do not download much and are unwilling to pay fixed subscription price; this subscription is also expedient for those who use high-speed channels. Payment for traffic is 0.01$ per 1Mb. Payment modes: bank transfers, credit/debit cards or through WebMoney. Details on payment modes are on payment page.
CINW
Addicted Member
posted: Dec. 31, 2003 @ 2:15p
I'm sure there are legal things in Russia that are not anywhere else. In addition, RIAA said they will target whoever possesses illegal MP3's so I don't think claiming you have downloaded them from a legal Russia site will work as your defense.
Airjrdn
Member
posted: Dec. 31, 2003 @ 2:16p
Has anyone done it yet?
stevetaebo
Thrifty Member
posted: Dec. 31, 2003 @ 2:16p
mcwacko1213 said:
<< From what I can gather, this Russian based audio download site is totally legit and songs can be downloaded for as little as $0.1 per MB. That's around 3 cents per song.
>>
correct me if i'm wrong but, $0.1/MB is about 10 cents. so wouldn't a typical 3 meg song be about 30 cents/song. Not to mention the fact that songs with a higher bit rate like 192/320 would be a larger file and therefore costlier.
Laxdguy2k2
Senior Member
posted: Dec. 31, 2003 @ 2:28p
WillysEmptyWallet said:
<<
Payment by traffic:
No monthly payments - the account sum decreases only when you download files; No restrictions on speed or the number of simultaneous IP connections; No geographical restrictions; Possibility to fill the account with any sums at any time; The account remains active while there is at least one cent on the account; Technical support; Access to Online Encoding service. This variant is the best for the users, who do not download much and are unwilling to pay fixed subscription price; this subscription is also expedient for those who use high-speed channels. Payment for traffic is 0.01$ per 1Mb. Payment modes: bank transfers, credit/debit cards or through WebMoney. Details on payment modes are on payment page.
>>
<< correct me if i'm wrong but, $0.1/MB is about 10 cents. so wouldn't a typical 3 meg song be about 30 cents/song. Not to mention the fact that songs with a higher bit rate like 192/320 would be a larger file and therefore costlier. >>
<< From what I can gather, this Russian based audio download site is totally legit and songs can be downloaded for as little as $0.1 per MB. That's around 3 cents per song.
>>
correct me if i'm wrong but, $0.1/MB is about 10 cents. so wouldn't a typical 3 meg song be about 30 cents/song. Not to mention the fact that songs with a higher bit rate like 192/320 would be a larger file and therefore costlier. >>
Yeah, you are wrong. It's $.01/Mb = 1 cent per Mb. Average song costs me about 5 cents. There are other Russian servers that allow you to download songs for $.01 per Mb, but they'd let you download 5 songs/day for free, and charge you if you download more than five. Download speed is waaaay higher that p2p networks.
so your paying russian scum to give you the right to download illegal mp3s in the US if you reside in the us. great job.
not only do they scam everyone on ebay, but now you are deciding to pay them?
something just doesnt seem right.
AgenT
Ancient Member
posted: Dec. 31, 2003 @ 3:07p
HOT deal if you do not live in USA. This should be 100% Legal in most countries as they pay the artists.
Actually, in terms of the law in the U.S., this is rather interesting. You are, in this case, importing legal songs (importing since it's Russian based). Now, just because this service is illegal in the USA, that does not mean that using it is illegal. Why? MP3's, OGG's, etc are not illegal in the USA and therefore can be imported. There is also no law against importing music from other countries (including Russia). And because you are buying this legally in Russia and then importing to the USA, this should be 100% legit. For example, assuming that Russian Vodka is illegal to buy in the USA on Sunday, but you buy the Russian Vodka in Moscow on Sunday, then you import it into the USA, you have done nothing wrong. Again, this assumes that 1) it is illegal to buy Russian Vodka on Sunday in the USA 2) it is legal in Moscow and 3) it is legal to import Russian Vodka.
The catch is that this has never gone to court and that it might not be (for whatever reason) considered importing of music, even though you are buying from a different country. Also, and this being the USA, the RIAA may get their way (read: sue and buy off congressmen). Maybe not.
And do note that this is different than, for example, using a 'legal' website in some obscure country where they have no copyright law and do not pay any royalties. Why? Because from what I have read, this Russian company has agreed to contracts with the actual people/companies owning the copyrights to the songs. This contract between the service and people/companies makes this a whole new ballgame!
That is my legal analysis of the situation. And no, I am not giving legal advice!
And stop with the flames, you are just making yourself look stupid and incompetent!
Also, this has been posted in another thread before, and yes, there are people using this service with success. However, the other thread was not about this service, but something else so this is not a dup.
sleepnmojo
Cranky Member
posted: Dec. 31, 2003 @ 4:41p
Hmm support the russians, or the evil RIAA? Good thing I'm a cheap bastard, here I come russia.
Sir4533
Senior Member
posted: Dec. 31, 2003 @ 4:45p
ANYBODY try it? Why all the bashing???
oldye
Senior Member
posted: Dec. 31, 2003 @ 4:49p
the RIAA wont go after you unless you are a 12 year old girl living in the projects.
Nimbus
Senior Member
posted: Dec. 31, 2003 @ 5:01p
Hey I'll chime in on this one. Allofmp3 is great! Why? Because you get maximum speed downloads every time and with as many as 5 files going all at once. Also it's very reasonable. I put in 10 bux a while back and I am still using the credits. It's reliable, cheap, fast and is legal in Russia. If I remember correctly I have seen numerous conversations about the legality of allofmp3. It's quasi-legal as opposed to just plain illegal but don't take my word for consult your local attorney. You pick but for me it's ease of use and the fact that I can go directly to the site and have a whole album downloaded in about 5 minutes. Now they don't have every album but they have lots of brand new stuff, lots of the classics like 40 Pink Floyd albums and they also cater to Russian and European folks who have very diverse musical tastes. You can pay by paypal and the site works flawlessly. You can also find quite a few free downloads but they tend to be a little slower. As for the Russians, hey when it comes to religious extremists the Russians and us have a lot in common that we should take stock in. We all know now that the Cold War was half fabricated by arms manufacturers anyway. They sold arms to both sides and now we get to deal with the blowback.
Were you able to pay via Paypal? The service will be available after 14th, January, 2004. Is what it tells me.
thanx info411man
NoStance
Member
posted: Dec. 31, 2003 @ 5:27p
Ive spent about $20 over a few years at this site. Very good quality mp3s, you can even choose at what bitrate to encode many songs/albums! Awesome d/l speeds too.
npj1976
New Member
posted: Dec. 31, 2003 @ 5:49p
I downloaded a couple of songs and it looks ok. You can try it urself without having to pay for anything. Just create an account and d/l these free albums.
explorerx
Senior Member
posted: Dec. 31, 2003 @ 6:05p
Paypal sounds like a good option, since i woudn't want to use CC
This has been posted before. It is obviously distributing pirate music -- I see no reason why anyone would use this site. If you want legal music, get it in a legal manner. If you want to download pirated audio -- jeeze, don't pay for it.
explorerx
Senior Member
posted: Dec. 31, 2003 @ 6:21p
Looks like right now they are only accepting CC payments, PP coming after jan,14
<< Actually, in terms of the law in the U.S., this is rather interesting. You are, in this case, importing legal songs (importing since it's Russian based). Now, just because this service is illegal in the USA, that does not mean that using it is illegal. Why? MP3's, OGG's, etc are not illegal in the USA and therefore can be imported. There is also no law against importing music from other countries (including Russia). And because you are buying this legally in Russia and then importing to the USA, this should be 100% legit. For example, assuming that Russian Vodka is illegal to buy in the USA on Sunday, but you buy the Russian Vodka in Moscow on Sunday, then you import it into the USA, you have done nothing wrong. Again, this assumes that 1) it is illegal to buy Russian Vodka on Sunday in the USA 2) it is legal in Moscow and 3) it is legal to import Russian Vodka. >>
Can we also compare this to buying Cigar in Cuba? From what I heard, buying Cigar is ok in Cuba but bring it over to US is illegal?
Just do some research and find this link. Below is the link from eBay that talk about importing goods into US(including music and other copyrighted works).
Types of goods that might be subject to import restrictions:
Copyrighted works The owners of the copyrights in literature, music, movies, software, video games, and photos have certain rights under U.S. copyright law to prevent the importation of goods which were intended for distribution in another country. Importation of such products into the United States without permission may be an infringement. This may be true even if the good is a genuine copy and legal to distribute in the other country.
imacciml
Senior Member
posted: Dec. 31, 2003 @ 6:49p
sidsavara said:
<< !!!
I'm not sure what to say. It's hot if it's legit, but ... do songwriters/artists get any money off this?
If nobody makes money except the people you are d/ling it from (russian guys) I'm not entirely sure it's a legit copy you're getting. Mixing copyright laws from different countries is tricky. If you buy a stolen car, it's still stolen, and the police will take it from you.
YMMV to the title maybe? Your Ethics May Vary too =p
Sid >>
right on with the YEMV, as for police catching you, if they hadn't been able to do it before how could they now? This is the best way to legally d/l music and keep it at your own risk which is pretty safe unless you have something the government really wants.
AgenT
Ancient Member
posted: Dec. 31, 2003 @ 7:09p
fish777 said:
<< AgenT said:
<< Actually, in terms of the law in the U.S., this is rather interesting. You are, in this case, importing legal songs (importing since it's Russian based). Now, just because this service is illegal in the USA, that does not mean that using it is illegal. Why? MP3's, OGG's, etc are not illegal in the USA and therefore can be imported. There is also no law against importing music from other countries (including Russia). And because you are buying this legally in Russia and then importing to the USA, this should be 100% legit. For example, assuming that Russian Vodka is illegal to buy in the USA on Sunday, but you buy the Russian Vodka in Moscow on Sunday, then you import it into the USA, you have done nothing wrong. Again, this assumes that 1) it is illegal to buy Russian Vodka on Sunday in the USA 2) it is legal in Moscow and 3) it is legal to import Russian Vodka. >>
Can we also compare this to buying Cigar in Cuba? From what I heard, buying Cigar is ok in Cuba but bring it over to US is illegal? >>
Uhm, duh, you just answered your own question.
<< but bring it over to US is illegal? >>
Import of Cuban Cigars is illegal, so no there is no comparison. My example said if its legal to import, but illegal to buy in the country under certain restrictions (on Sunday in the example).
However, fish777 makes a great point. But it only states "maybe" plus it seems they are talking about music CD's, which is not the same (or maybe it is, I do not know). Not sure about music CD's, but DVD's are region specific (they even region encoded).
Also, to the comment "Your Ethics May Vary". Why? Just because you think it is illegal? And even if it were, does that automatically make it unethical? So if a country made it illegal NOT to have slaves, would not having slaves be unethical? What about if it was legal to have slaves, is that ethical? Just because a law says something does not mean it is right. Half of USA's history is based on this very notion. But anyway, this is way off topic. Please no flames and lets not get started on ethics since this is the Hot Deal's forum. In fact, maybe the whole legality argument should be dropped. This is not the place to argue I think.
This is a good deal for those that are willing to use it. For those that are not, then like every other hot deal, don't thread crap and keep searching for another (better) deal.
I also tried searching for the other thread which had this service mentioned but I could not find anything. Not sure, but it was on buymusic.com, the poor (amazing they are still in business) iTunes rip-off.
And just so there is no confusion (of bias): I have never used this service and do not intend to use it.
Also, as was stated before, the site has signed a deal with the copyright owners.
<< Just do some research and find this link. Below is the link from eBay that talk about importing goods into US(including music and other copyrighted works).
Types of goods that might be subject to import restrictions:
Copyrighted works The owners of the copyrights in literature, music, movies, software, video games, and photos have certain rights under U.S. copyright law to prevent the importation of goods which were intended for distribution in another country. Importation of such products into the United States without permission may be an infringement. This may be true even if the good is a genuine copy and legal to distribute in the other country. >>
What a definitive source, with such tight wording as "The may be true..." and "may be an infringement". I guess that really nails down what is and isn't legal.... I guess this may be legal then...
<< There are other Russian servers that allow you to download songs for $.01 per Mb, but they'd let you download 5 songs/day for free, and charge you if you download more than five. >>
Care to share which servers?
bruin99
Member
posted: Dec. 31, 2003 @ 9:09p
Edit this probably does not apply as the definition of phonorecord is:
''Phonorecords'' are material objects in which sounds, other than those accompanying a motion picture or other audiovisual work, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term ''phonorecords'' includes the material object in which the sounds are first fixed.
Which I interpret a material object as a CD, tape, etc, NOT a mp3. I looked over the sections of digital audio recording and sound recording and neither have any mention of importation.
TITLE 17 > CHAPTER 6 > Sec. 602. Prev | Next
Sec. 602. - Infringing importation of copies or phonorecords
(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 -
(1)
importation of copies or phonorecords under the authority or for the use of the Government of the United States or of any State or political subdivision of a State, but not including copies or phonorecords for use in schools, or copies of any audiovisual work imported for purposes other than archival use;
(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; or
(3)
importation by or for an organization operated for scholarly, educational, or religious purposes and not for private gain, with respect to no more than one copy of an audiovisual work solely for its archival purposes, and no more than five copies or phonorecords of any other work for its library lending or archival purposes, unless the importation of such copies or phonorecords is part of an activity consisting of systematic reproduction or distribution, engaged in by such organization in violation of the provisions of section 108(g)(2).
(b)
In a case where the making of the copies or phonorecords would have constituted an infringement of copyright if this title had been applicable, their importation is prohibited. In a case where the copies or phonorecords were lawfully made, the United States Customs Service has no authority to prevent their importation unless the provisions of section 601 are applicable. In either case, the Secretary of the Treasury is authorized to prescribe, by regulation, a procedure under which any person claiming an interest in the copyright in a particular work may, upon payment of a specified fee, be entitled to notification by the Customs Service of the importation of articles that appear to be copies or phonorecords of the work
That is all from here: http://www4.law.cornell.edu/uscode/17/602.html
which came from the eBay link on copyright information
<< Types of goods that might be subject to import restrictions:
Copyrighted works The owners of the copyrights in literature, music, movies, software, video games, and photos have certain rights under U.S. copyright law to prevent the importation of goods which were intended for distribution in another country. Importation of such products into the United States without permission may be an infringement. This may be true even if the good is a genuine copy and legal to distribute in the other country. >>
I buy books online from UK at 50% of their cost in US. The reason they're cheaper is because they are intended for sale in England, not US. Books are certainly a copyrighted material. How does this fit?
AgenT
Ancient Member
posted: Dec. 31, 2003 @ 9:42p
This should not be in here, but bruin99's post is just too good to pass up:
<< In a case where the making of the copies or phonorecords would have constituted an infringement of copyright if this title had been applicable, their importation is prohibited. In a case where the copies or phonorecords were lawfully made, the United States Customs Service has no authority to prevent their importation unless the provisions of section 601 are applicable. >>
There you have it. If mp3/ogg/etc files are treated as phonorecords then they are 100% legal if you buy from a legal source. It is legal in Russia and the site does NOT infringe on copyrights because it is said that they have a contract(s) with the copyright holders. Hence, to put it in their words, "the United States Customs Service has no authority to prevent their importation". Of course, this does not mean the RIAA will no longer try to stone you to death...
WillysEmptyWallet: That in itself is a HOT DEAL. Nice
FatValet:
<< I buy books online from UK at 50% of their cost in US. The reason they're cheaper is because they are intended for sale in England, not US. Books are certainly a copyrighted material. How does this fit? >>
Yes, but note how it is legal for you to do this. Even Amazon lets you do it, although they do not like it I am sure since you pay much less for your way over-priced book (when bought in the USA that is).
Hmm...had no idea such a site existed. This is HOT even if you're paying. Everything is neatly organized and all you have to do is click and d/l. Much faster and easier than wading through the stuff on p2p and wait for it to d/l. Besides, its safer. What are some of the other alternatives to this site? There can't be just this site.
djdoublej
Member
posted: Dec. 31, 2003 @ 10:00p
But you can still dl stuffs from kazaa with kazaa lite K++.. FREE!! no spyware, no getting caught.
Skipping 363 Messages...
wontless
Addicted Member
posted: Jun. 9, 2004 @ 2:58p
We've trouble free login daily after paying $10 via paypal.com
BTW: It's more fun sampling rather than downloading most of their VIP tunes.
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