Of all the MP3 download sites like: Emusic, Napster, MP3, Rhapsody, MusicMatch etc. Which has the best deal in MP3 music downloads, and why? If your selection is not here, make a statement.
Cause they are legal in Russia :roll:SZRimaging said:Actually, AllOfMP3 isn't exactly legal. It hit a lovely gray spot if I remember right. It is based out of Russia, or something near there. Basically, they don't follow by the RIAAs (or European equivalent) rules. Hence why they are so cheap. The RIAA would love to shut them down. They just can't.
Since mp3 is nothing more than an updated music format like a photographic recording, it should be legal and even if it isn't, its the distributor who is at fault, not the downloader.In the User Agreement Allofmp3 states that you may not use the service if it is in conflict with the legislation of your country. Allofmp3 has added this as a kind of disclaimer of course.
Every country has its own rules. There is no such thing as a set minimum of international intellectual property standards. That makes it impossible to answer this question in general.
Let's take a closer look at the law in a country with very liberal copyright legislation and a country with strict copyright laws.
Liberal copyright legislation
A country that has very liberal copyright rules is The Netherlands.
Downloading copyrighted material for personal use is legal in this country. Even when the downloader knows the supplier is acting against the law (like uploading with P2Pprograms), this does not make him a copyright infringer. In this perspective it seems highly unlikely that downloading from a licensed supplier like Allofmp3 will be declared illegal.
It is safe to say that Dutch citizens can legally use the Russian music services.
Strict copyright legislation
Now for the country that may well have the strictest rules on copyrights, the USA. A thread in the Fatwallet forums brings some light in his confusing subject. We will not bother you with all the details. Here is a concise version of the interesting parts:
*“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). 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.”
Title 17 Chapter 6 Sec. 602 of the U.S. Code covers “Infringing importation of copies or phonorecords”. You can find this title here
Subsection (a) tells us:
*“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.”
So it's illegal you may think. But take a close look at sub (a)(2):
*“This subsection does not apply to 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;”
If MP3’s, OGG’s etc are in fact considered phonorecords, U.S. citizens can legally buy these as long if they are for private use and not for distribution. If MP3s, OGG’s etc. are not considered phonorecords, no import laws apply. The sections of digital audio recording and sound recording have no mention of importation.
So in layman's terms the bottom line of this discussion is:
*Downloading from Allofmp3 is legal for U.S. Citizens, as long as the files are for private use and not for distribution.
Please note – This is in no way a legal advice. -- please see our disclaimer.
This is what a more law educated person like the Tech Law Advisor has published regarding this issue:
*Additionally, assuming they have legitimate licenses to distribute the music, they probably are restricted to a certain geographic are via their distribution license. The end user wouldn't be violating any laws but the distributor would. If they don't have legitimate distribution licenses then they obviously have no right to distribute at any price. If they claim to have the licenses the end user might be seen as an innocent infringer if not on notice.
So in these examples you can make copies of your friends CDs. CDs are wav files. MP3s are coverted from wav files. CDs are storage media just like a hard drive is, only its WORM. When you go on a Internet and connect to your friends computer and copy his music, he is not making the copy for you, you are selecting the music to be copied using VERY LONG wired/wireless copying machine so in reality you are not doing anything different than the legal activity of copying a friend's music. The only key legal distinction is that you would have to make sure your friend on the Internet owned the commercial content he converted to mp3 to be made available on the Internet even though the end result would not be any different if you were copying his copy and didn't know you should have gone and hit his friend's computer who really has a legal copy of the content you want to copy legally.Can I legally copy music CDs for my friends?
The simple answer is NO, but you can legally copy your friend's music CD for YOUR OWN use.
To paraphrase the introduction to an early Copyright Board ruling:
On March 19, 1998, Part VIII of the Copyright Act came into force. Until then, copying any sound recording for almost any purpose infringed copyright. Part VIII legalizes one such activity: copying of sound recordings of musical works onto recording media for the private use of the person who makes the copy.
It does not matter whether you own the original sound recording (on any medium), you can legally make a copy for your own private use.
To emphasize this point, endnote 4 of an early Copyright Board ruling says:
Section 80 does not legalize (a) copies made for the use of someone other than the person making the copy; and (b) copies of anything else than sound recordings of musical works. It does legalize making a personal copy of a recording owned by someone else.
Note that the Copyright Act ONLY allows for copies to be made of "sound recordings of musical works". Nonmusical works, such as audio books or books-on-tape are NOT covered.
The wording of the Copyright Act gives rise to some very odd situations. In the 6 examples below, "commercial CD" means a commercially pressed CD that you would normally buy at a retail store.
1. If someone steals a commercial CD, steals a blank CD-R, and then copies the commercial CD onto the CD-R, they are a thief, but they have not infringed copyright.
2. You can legally lend a commercial CD to a friend, give him a blank CD-R, let him use your computer, and help him burn the CD-R which he can keep for his own private use.
3. You can legally copy a commercial CD , keep the copy, and give your friend the original.
4. You cannot legally make the copy yourself and give your friend the copy.
5. Your friends Alice and Benoit really like the new commercial CD you just purchased. Alice borrows it and makes a copy for her own use. She then passes the commercial CD on to Benoit, who makes a copy for his own use. Benoit gives the commercial CD back to you. This is all perfectly legal.
6. However, if Alice had copied the commercial CD, given it back to you, and passed her copy on to Benoit to make a copy for his own use, then copyright would have "probably" been infringed. There is some doubt here because Alice's original intent is important. In the strictest terms, her copy was no longer just for her private use. Pretty strange considering that the end result of examples 5 and 6 are exactly the same!
True, very true. When I was in high school and my freshman years I did that a lot with the radio. They always spoke before, and at the end. Ah. Right now I'm downloading Tribal Tech. A Jazz/Fusion group. Also some Smooth Jazz to listen this week.toyrav said:You can't beat the price. My son's 15 and every now and then will give me a list of a few songs and ask me to "get" them for him if I would please. I laugh and tell him that when I was young(er) we used to save our pennies and buy these things called records or cassettes. Sometimes we'd even keep a blank tape in the recorder and snag a song off the radio, hoping the DJ wouldn't talk before the song was over and screw things up. :lol: Now we just click the mouse a few times and build our own CD's without leaving the house. Funny thing is, everybody taped off the radio but nobody spoke of legalities back then.