Originally Posted by ScottC
If all you have is 2 old links of organizations that don't like them and one that says that it is "probably" illegal then this discussion isn't going anywhere, I'm still waiting for the definitive proof that downloading from allofmp3 is illegal.
The United States Registrar of Copyrights has characterized allofmp3's music as "pirated":
Originally Posted by Mary Beth Peters, US Registrar of Copyrights
Russia has been on the Special 301 Priority Watch List since 1997. Today Russia's copyright piracy problem remains one of the most serious of any country in the world. According to the IIPA, piracy rates in Russia for most sectors are estimated at around 80% in 2004 and losses exceed $1.7 billion. In the past few years there has been an explosion in the growth of illegal optical media disc plants run by organized crime syndicates with widespread distribution channels. Russia has also developed a serious online piracy problem, as exemplified by the offering of pirated materials on the website, "allofmp3.com," which has yet to be taken down by Russian authorities.
You've pointed to the lack of information about allofmp3.com on RIAA's website as indicating that the RIAA at least tacitly acknowledges that allofmp3 is legal:
Weird, nothing about music downloads and the RIAA not approving of ROMS
In fact, there is NOTHING on their website at all about concerns regarding music download services providing illegal downloads claiming ROMS support.
If you can't trust the RIAA then who CAN you trust?
To the contrary, the RIAA is a member of the International Intellectual Property Alliance (IIPA), a private sector coalition formed in 1984 to represent the U.S. copyright-based industries in bilateral and multilateral efforts to improve international protection of copyrighted materials. According to the IIPA website, "IIPA and its member associations track copyright legislative and enforcement developments in over 80 countries, working with U.S. government, foreign government and private sector representatives. IIPA’s goal is a legal and enforcement regime for copyright that not only deters piracy, but that also fosters technological and cultural development in these countries, and encourages local investment and employment."
IIPA representatives have
testified on a number of occasions before the U.S. House of Representatives Subcommittee on Courts, the Internet, and Intellectual Property regarding intellectual property theft in Russia. IIPA has repeatedly reported to the U.S. House Subcommittee that the Russian government should take steps to curb intellectual property piracy, which it estimates costs U.S. companies $1.7 billion annually. One of the "six critical steps" that the IIPA recommends the Russian government take is to "immediately take down websites offering infringing copyright materials, such as allofmp3.com, and criminally prosecute those responsible." Clearly, the IIPA does not believe that allofmp3 is legal.
IIPA has urged the United States to take actions to "mandate Russia compliance with international norms and obligations" regarding copyright enforcement. IIPA has urged the U.S. to: (1) Condition Russia’s entry into the World Trade Organization (WTO) on meaningful copyright law enforcement; (2) Designate Russia as a Priority Foreign Country (PFC) after the on-going out of cycle review by U.S.T.R.; and (3) Deny Russia’s eligibility for the Generalized System of Preferences (GSP) duty-free trade benefits.
Surely if this service that is used by millions really were illegal they would be all over it like a granny in South Dakota that let her grandchild download one song off bittorrent?
So, why after 3 years still no action against allofmp3? Napster came and went in under a year... Sharman (Kazaa) isn't based in the US yet the RIAA didn't mind going after them too...
Your supposition that RIAA has not taken any action against allofmp3 is incorrect. The IIPA report to Congress notes:
Another matter that the Russian government continues to raise is the need for the U.S. copyright industries to use civil remedies for effective enforcement. The copyright industries (especially the record industry) have recently attempted to bring civil cases against illegal plant operators – although procedural hurdles are significant.
However, in no country of the world, including Russia, can copyright owners be left to civil remedies in lieu of criminal remedies to effectively address large-scale organized crime commercial piracy. The government of Russia needs to play a major role in an effective criminal enforcement regime. The copyright industries generally report good police cooperation with raids and seizures, mostly of smaller quantities (with some exceptions) of material, but prosecutorial and other procedural delays and non-deterrent sentencing by judges remains a major hindrance to effective enforcement.
The emphasis is mine, but it highlights that it is much more difficult for RIAA to sue a Russia organization in Russia than it is to sue individual copyright infringers in the U.S. For that reason, the RIAA, through the IIPA, has pursued relief through diplomatic measures. While it apparently has not been very successful in those efforts to date, your argument that RIAA has somehow tacitly acknowledged that allofmp3.com is legal is flat-out wrong.