AfterDawn: Tech news

BPI cleared to sue

Written by Ben Reid @ 03 Jul 2006 10:25 User comments (28)

BPI cleared to sue The British Phonographic Industry (BPI) has been cleared to sue popular Russian music download site in London's High Court.
AllofMP3, which offers music downloads at extremely low costs (as little as 1 / $1.85 for an album), is Britain's second most popular online music download source, trailing only Apple Computer's iTunes Music Store for pole position according to one survey. AllofMP3 has always insisted it is a legal service in compliance with local copyright laws. However, according to the music labels, AllofMP3 doesn't have the required permission to distribute their songs.

"The reason downloads are cheap is that neither the artists nor the record companies are being paid," told BPI General Counsel Roz Groome. "We have maintained all along that this site is illegal and that the operator of the site is breaking UK law by making sound recordings available to UK based customers without the permission of the copyright owners."

"Now we will have the opportunity to demonstrate in the UK courts the illegality of this site," he continued.

The High Court has given its approval to serve legal proceedings against AllofMP3 and its owner MediaServices Inc. in Russia ahead of a UK court case, the BPI said in a statement on Monday.

Even if the BPI sucessfully prove that that AllofMP3 is an illegal service, it's unlikely that any decision in the UK would result in the closure of the site. Russia would not be obliged to implement rulings of a foreign court, according to experts. However, with president Vladmir Putin looking to bring his country into the World Trade Organization (WTO), Russia could be pressured to take action against the site.


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28 user comments

13.7.2006 13:48

This just goes to show you the true evil of the RIAA...

23.7.2006 14:04

Ummm... RIAA isn't mentioned once in the article... But nonetheless, this is stupid, if they want anything done it has to be done in Russia. Fair enough if Allofmp3 had a UK subsidiary, but that isn't the case. Hopefully they get off the hook, its a decent website.

33.7.2006 15:06

OzMick *L* its the RIAAs British branch :P besides why would the british porno industry be intarested in msuic...*cheapish grin*

43.7.2006 15:30

@OzMick Yeah, a couple articles ago, the RIAA was the one that declared illegal! @ZIppyDSM It's the British Phonography Industry, not the British Pornography!

53.7.2006 16:35

I saw Pornography the first time I read it too... All I have to add is... " Money is the root of all evil. "

63.7.2006 18:40

Now by looking at my police rap sheet I obviously know nothing of law or worse yet, international law.... But can't AllOfMP3 (based in Russia) just say "suck it" to the UK Based porn clube? Who says they have to go to the UK court? What are the results of ignoring them? That's like some guy from Brazil suing me when I'm in the states... Someone please correct me, I don't get it.

73.7.2006 18:56

Tweeder you need to go one step futher into coperate law,where a coperation can sue you for exsiting...and sometimes...not....(RIAA has sued dead people that mgith have downlaoded MP3s)

83.7.2006 20:41

the british porno industry
I saw Pornography the first time I read it too
A couple Freudian slips eh?? lol
This message has been edited since its posting. Latest edit was made on 04 Jul 2006 @ 11:15

93.7.2006 20:50

OMG, after reading it again, I thought it said porno. This changes things the story alot.

104.7.2006 00:11

you stupid retards Recording Industry Association of ***********America***************** UK isnt america u dumbasses The ******************British*************** Phonographic Industry (BPI) has been cleared to sue popular Russian music download site in London's High Court.

114.7.2006 01:20

At least SOMEONE else can read... Thank you!

124.7.2006 03:52

Maybe both of ye should lighten up and try to get why that is funny, rather than call someone else retarded just because ye have a non existant sense of humor.

134.7.2006 10:05

What an utter waste of time. A UK ruling to affect a Russian based company...LLOOLLOLOLLLLLOL I haven't heard of something as amusing as this in a long time. In Russia, everything goes usually. If the UK thinks some ruling will affect the country or pressure it, it has something else coming to it.

144.7.2006 10:15

The last paragraph basically lays out the scenario. In my opinion, the UK High Court will find illegal. Russia won't close the site down, though. I still think we're looking at 3 to 6 months, or possibly up to a year before they're officially out of business.

154.7.2006 13:44

Calling the BPI the RIAA isn't funny, it's ignorance. What is funny is laughing at the conspiracy theorists and such that just immediately say RIAA = MPAA = IFPI = BPI. They might have the same motivations, but they are all different entities. I appreciate the humor of the situation discussed in the topic, but as you can probably tell by the whole pornography misinterpretation in this thread itself, a lot of people are uninformed and illiterate around here, and it just drags the site into the gutter.

164.7.2006 16:00

OzMick sorry sorry,I am unsure of the foundings but I am sure much like the RIAA it was made to "protect" the regoins music copy any case we need not another one of them.

174.7.2006 21:02

the greedy keep getting greedier. Are the BPI going to go after the retailers in the USSR (or whatever they call it now) that sell Bootleg dvds on the street corners too? I would like to know how many physical cds are being sold compared to the number of MP3s (albums in their entirity) that are downloaded today. what i am saying is a simple supply and demand question. if band X sells 10 physical CDs of album X and sells 1000 digital versions of the exact same material, shouldn't the final cost of the said material's price be reduced? being as how it would most likely sell alot faster if and generate more revenue at a lower cost. Since the final product doesn't have to be manufactured to sell (at least not after the first digital copy) it does not have to be manufactured ever again, only maintained, wouldnt that be the smart way to go about it? lets say (a ficticious site) sold mp3s for .50 cents and payed (the greedy bastards whole demand their royalties) the same that itunes and similar site pay them, carrying the EXACT SAME MUSIC and quality, would you pay itunes or the cheaper of the 2?

184.7.2006 22:08

Let's face it, it is not realistic at all. Its as realistic, as that lawyer that owns the planets, because he found a legal loophole.

195.7.2006 08:48

BPI, RIAA, blah blah blah... They all report to the same hugely crooked big music labels. Don't fight amongst yourselves over the trivial bits. That's exactly what the powers that be want. Us distracted by bickering over nothing while they pull the real crimes. Like the neocons an libs in the US. They're so busy arguing that the guv and big corps can get away with ANYTHING. The question in my mind is, if the big music cabal can bring down allofmp3 will they be compelled to turn over their customer records? Will customers of allofmp3 then be persecuted? The boiler plate on the site says their service may not be legal in other countries.

205.7.2006 10:07

@grey area - I made a similar comment in anther thread about allofmp3s TOS saying that it isnt legal in some countries, which in my opinion is allofmp3s way of saying dont d/l from us if you arent in the USSR (or whatever its called now). And again i ask, would you download from a site that charges .50 cents or .99 cents if they both payed the exact same royalties to the artists? makes me want to go out and start up a mp3 site to fulfil the needs of the consumers that would, only i dont have the startup to do so.

This message has been edited since its posting. Latest edit was made on 05 Jul 2006 @ 10:07

216.7.2006 01:36

damn i use that site aswell. if it does get shut down, looks like i will just have to stop paying for music alltogether and just use torrents and bearshare. TAKE THAT BPI lol

226.7.2006 16:36

In regards to whether its customers can get into trouble: Per US copyright law it is LEGAL to import a product into the US that was LEGALLY purchased for personal use outside the US. Until RUSSIA declares the site illegal, which it has continuously refused to do based upon RUSSIAN copyright laws, the purchase of music from the site to be 'imported' into the US is, was and will remain LEGAL. Now if Russia ever decides to change it's copyright laws and those changes make the site illegal then AT THAT moment (and not before) US copyright laws will no longer LEGALLY allow one to 'import' the music for any use, personal or otherwise. So this stupid lawsuit brought against this wonderful site via the UK courts will not really affect anything except per chance in the UK. It could be that if found guilty in the UK then those who reside in the UK could be determined to no longer be able to legally get this music (assuming that current UK laws deem it to be legal now).

236.7.2006 16:45

Oh yeah, and for those who feel that the pricing model of the site proves that it is illegal.... Remember that this is based in RUSSIA and is based upon RUSSIAN PRICES. Many countries sell products at prices that vary from what one is 'accustomed' to paying 'at home'. But this does not make the reduced price evidence of a crime! These 'Global' Companies wanted to create a global market and a global economy and now that they have done so the internet is facilitaing the customers in higher priced markets to purchase the same goods from a lower priced market... this is NOT illegal to do! Many people in the UK will attest that stuff from the US merely has the $ sign changed to a pound sign.. thus doubling the price of the item to the UK market. Is it illegal for my cousins to send me the money and have me ship them the same goods from the states at half the price they have to pay for them there??? No it is not! Is it illegal for an American business to sell the same product (say Nike trainers) available in the UK at American prices to someone who lives in the UK? No it is not! These companies have shipped OUR jobs overseas to save THEM money.... I will GLADLY ship my PURCHASES overseas to save ME money as well!

246.7.2006 20:59

duckNrun Mmm dont we import low priced iffy qauilty stuff all the time? whats the diffreance in this?? *L*

257.7.2006 04:26

LOL... the only real difference in that big business wants you play by different rules than their customers. THEY can save money but WE must keep paying the highest price they can sell for.

267.7.2006 11:43

duckNrun Thanks for the info. I may have to go shopping. ;-)

278.7.2006 04:03

well if you live overseas I'm taking orders for merchandise at US Prices plus shipping and a small markup to cover my time...and I accept PayPal lol ;-)

288.7.2006 12:11

ZIppyDSM have you purchased and music from their pruducts are far from iffy. They allow you to download the music of your choice in the format of your choice, at the bitrate you prefer. i use mp3s at 192 kB/s, but as far as i know you can get them in MP3, WMA, OGG, MPEG-4 and MPC, all in various bit rates. i dont think i can name one other MP3 service that offers that many formats. the MPAA and all the other like minded whores of the industry dont like this because comparitively is like going to wal-mart and buying a 60" plasma tv for about $150.00. I buy all my music form, unless they dont have what i want, then i use alternate sources.

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