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Music Media Your Rights Online

RIAA Goes for the Max Against AllofMP3 777

Spad writes "Zeropaid is reporting that as part of its ongoing lawsuit, the RIAA will be seeking the maximum of $150,000 per song for each of the 11 million MP3s downloaded from the Russian AllofMP3.com between June and October last year. This amounts to roughly $1.65 trillion, probably a tad more than AllofMP3 has made in its lifetime. A representative of AllofMP3 stated: 'AllofMP3 understands that several U.S. record label companies filed a lawsuit against Media Services in New York. This suit is unjustified as AllofMP3 does not operate in New York. Certainly the labels are free to file any suit they wish, despite knowing full well that AllofMP3 operates legally in Russia. In the mean time, AllofMP3 plans to continue to operate legally and comply with all Russian laws.'"
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RIAA Goes for the Max Against AllofMP3

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  • How excessive. (Score:5, Informative)

    by jb.hl.com ( 782137 ) <joe@[ ]-baldwin.net ['joe' in gap]> on Monday January 01, 2007 @07:46PM (#17426394) Homepage Journal
    $1.65trillion is a fair bit more than the GDP of Russia as a whole.

    How fucking ludicrous and excessive. Jesus.
  • by Anonymous Coward on Monday January 01, 2007 @07:46PM (#17426396)
  • It is ridiculous (Score:5, Informative)

    by ntufar ( 712060 ) on Monday January 01, 2007 @07:46PM (#17426398) Homepage Journal
    Russia's yearly gross domestic product is $1.576 trillion [wikipedia.org]. RIAA's claim is little more than that, $1.65 trillion.
  • Shows the Absurdity (Score:4, Informative)

    by miyako ( 632510 ) <miyako AT gmail DOT com> on Monday January 01, 2007 @07:49PM (#17426440) Homepage Journal
    I know that most of us on slashdot realize how absurd the RIAA and MPAA's claims are about the losses caused by piracy, but if this is publicized I think that it could go a long way toward aptly demonstrating the absurdity of their claims.
    I mean, I don't think anyone, except apparently the RIAA lawers, could possibly believe that in a few months- or even in a year or two, one single (not all that well known) russian website caused the RIAA to lose over a trillion dollars in revenue.
  • trillion (Score:5, Informative)

    by Swimport ( 1034164 ) on Monday January 01, 2007 @07:50PM (#17426450) Homepage
    Where do they get these numbers? This is over 10% of the GDP of the USA, and 333 times the amount gross retail music sales in 2005. I wonder if the US court will take this companies .com domains.

    http://en.wikipedia.org/wiki/World_music_market [wikipedia.org]
  • by kebes ( 861706 ) on Monday January 01, 2007 @08:08PM (#17426612) Journal
    Indeed. According to the RIAA's stats: http://www.riaa.com/news/newsletter/pdf/2005yrEndS tats.pdf [riaa.com] (warning: PDF), the total industry is something on the order of 12 billion $US per year. How can they claim with a straight face that the *damages* are about 100 times greater than the size of the industry being damaged?

    As you said, I hope this gets publicized because it really demonstrates how ridiculous the dollar value associated with infringement really is.
  • by The Zon ( 969911 ) <thezon@gmail.com> on Monday January 01, 2007 @08:25PM (#17426782)
    considering that they cornered 45% of the space launch business and is the world's largest exporter of oil and gas, the USA needs Russia more than Russia needs the USA

    That's a bit of a jump to make. The USA isn't nearly as dependent on Russian oil and gas as Europe is, and if Russia collapses, the USA can launch satellites on their own just fine. Besides, the Russian economy is too heavily based on natural resources. And even though they're sitting on massive natural gas reserves, they can't deliver enough of the product for their own citizens, because their industry is geared towards export. In the industrial sector, one of Russia's areas of strength in the Soviet era, practically none of its products can compete on the international market. The birth rate has been sharply declining, creating a rapidly increasing median age, which will place an even greater burden on their economy. They've never quite recovered from years of communist stagnation. Overall, the Russian economy is very weak, especially compared to the booming economic growth in China, another massive country that had to make a systemic change from communism to capitalism. And from a diplomatic standpoint, the United States is the world's foremost military and economic power, while Russia's influence has drastically declined since the Soviet Union broke apart. Russia most certainly need the USA more than the USA needs Russia.
  • Re:quadrouple dipped (Score:4, Informative)

    by kimvette ( 919543 ) on Monday January 01, 2007 @08:34PM (#17426872) Homepage Journal
    OK, to address the point more directly:

    mrshowtime was accused by the esteemed Anonymous Coward (which I referred to as astroturfer) to be stealing, as if depriving someone of belongings.

    However, mrshowtime purchased MP3s through a corporate entity which is operating totally in compliance with Russian law. This is aside from mrshowtime's Fair Use right to simply retain backup copies made in accordance with Fair Use.

    So, how is the esteemed Anonymous Coward NOT astroturfing for the RIAA, since mrshowtime is going out of his way to replace his music collection without even taking advantage of Fair Use?

    I'd argue that mrshowtime may be better off avoiding RIAA materials altogether and buy independent, or listen to classical or talk radio instead, but unfortunately that solution does not work for everyone, due to musical tastes, programming availability, and so forth.

    Equating mrshowtime's LEGAL purchases from a corporate entity which is operating LEGALLY to theft of physical goods is not even close to a fair comparison.
  • by TubeSteak ( 669689 ) on Monday January 01, 2007 @08:36PM (#17426898) Journal
    the USA needs Russia more than Russia needs the USA, so good luck to the RIAA and their money wasting tactics.
    The RIAA has already won the main battle, if not the war
    11/29/2006 http://arstechnica.com/news.ars/post/20061129-8315 .html [arstechnica.com]

    The short version:
    The U.S. wants Russia to join the World Trade Organization.
    One condition is that Russia changes its copyright laws.
    Russia agreed.

    Whether or not AllOfMP3 is going to get shut down by the Russian Gov't is seemingly still up in the air, but the RIAA got what they wanted: IP reform in Russia.
  • Re:Screw them both. (Score:5, Informative)

    by ColaMan ( 37550 ) on Monday January 01, 2007 @08:40PM (#17426936) Journal
    AllOfMP3 gives their required amount as required by Russian law to the Russian equivalent of the RIAA, who then is supposed to distribute it to all the needy artists under their wing. While the method is considered a loophole as such, it's still perfectly legal under Russian law.

    And I believe the Record Industry Association of America is just a little bit out of it's jurisdiction here. Hence the stupid filing in an American court. Try that kind of scare tactic in Russia and as people have already mentioned, AllOfMP3 would simply pay the local mafia a small sum to make the problem.... disappear.

  • Re:Not stolen (Score:2, Informative)

    by Anonymous McCartneyf ( 1037584 ) on Monday January 01, 2007 @08:41PM (#17426956) Homepage Journal
    Ah, but what are the terms of the licenses the RIAA issues?
    Keep in mind that you are talking about the RIAA. It is generally understood that the RIAA and those record companies it represents are capable of almost anything, possibly excluding anything that appears sensible. I should know: I have kept close watch on the activities of an especially eccentric RIAA label for fifteen years...
    So, if I were an RIAA record label, I would probably say this:
    You the consumer buy only the media; you only license the music; but your license is valid only if you still possess the media.
    Evidence for this interpretation: The RIAA requests that if you sell a piece of media that contains RIAA-licensed music, then you must give the back-ups to the person you sold the media to or else destroy the back-ups.
    Disclaimers:
    I am not an RIAA astroturfer. I came by my interest in their ways of thinking naturally.
    I do not approve of everything the RIAA does. I have done things with RIAA material that it would not approve of.
  • Re:Hmm? (Score:4, Informative)

    by Anonymous Coward on Monday January 01, 2007 @08:42PM (#17426980)
    Not sure why you got moded down.

    Dollar's been falling steadily against rouble for the last four (4) years and currently is at the lowest level in seven years [yahoo.com]:

    $1 = 26.28
  • Re:Screw them both. (Score:3, Informative)

    by Technician ( 215283 ) on Monday January 01, 2007 @08:53PM (#17427116)


    A ton of Slashdotters use it because they think it's a good business model and they feel like they're doing something legal


    And many ignore that even if pirate CD's (physical ones) are legal in some country, importing them into the US is not legal. Even if All of MP3 is legal in russis, Importing the MP3's into the US is not legal. There are import restrictions on imported pirated materials.

    The question is, "Is the lawsuit proper against the AllofMP3?". I think the real lawsuit should be against the illegal importers of the MP3's (US consumers of AllofMP3). Lawyers are involved, so the target right or wrong is the big pot with possible deep pockets even though they are out of the USA.
  • by Axe ( 11122 ) on Monday January 01, 2007 @09:02PM (#17427200)
    >isn't Russia getting lots of money from the IMF and/or World Bank anymore? No, they do not. They have a positive trade balance bigger then china and foreign reserves larger then Taiwan. Every time you fill up your car, somebody in Moscow smiles.
  • Re:Screw them both. (Score:3, Informative)

    by Tony Hoyle ( 11698 ) <tmh@nodomain.org> on Monday January 01, 2007 @09:03PM (#17427208) Homepage
    They're not pirated. If you buy something legally in russia, using rubles, then it's your property. What the US thinks doesn't mean diddlysquat.

    Importing your own property is legal.
  • Re:Screw them both. (Score:3, Informative)

    by Macthorpe ( 960048 ) on Monday January 01, 2007 @09:10PM (#17427284) Journal
    Straight from AllofMP3:

    "Is it legal to use the AllOfMP3 pay service in the United States (US)?

    Although to our knowledge there is no direct precedent on the legality of accessing a service like ours from the US (i.e., using a legal music download service located outside of the US), we, however, do believe that there are at least several statutes, each of which, should allow users to access our service in the US; such as 17 U.S.C. 602(a) (the "Importation for Private Use Exception"); 1008, 1001 (the "iPod Exception"); 109 (the "First-Sale Doctrine/Anti-'Double-Dip' Exception"); 107, 117 (the "Fair-Use/Backup Exception"); among others."

    What they are saying is that it's legal to buy it in Russia, and you're allowed to legally import paid-for music from other countries for private use only, which brings us straight back to "Is it legal in Russia?", none of which (as far as I know; IANAL) a civil American court has no jurisdiction in deciding.
  • Re:Hmm? (Score:3, Informative)

    by FooAtWFU ( 699187 ) on Monday January 01, 2007 @09:14PM (#17427326) Homepage
    If current trends continue, it's more likely to be a result of the prospect of a trillion dollars being roughly 10 rubles.
    Anything can happen "if current trends continue" forever. Are they likely to continue? If so, for how long? Well... You need the number on this graph [yahoo.com] to hit 100,000,000 for a trillion dollars to be 10 rubles. Right now it's .03801. So, is the dollar down against the ruble? Sure, but its plight is nothing like the ruble's.

    In 1921, they had rubles - just, plain, rubles. But there was terrible inflation, and in 1922, they gave 1 "new" ruble for 10,000 of the original rubles. In 1923, they gave out another "new" ruble, at a rate of 100 to 1. In 1924, they had yet another ruble, the "gold" ruble, which was worth 50,000 of the 1923 rubles -- or, if I'm running this calculation right, 50,000,000,000 (50 billion) of the original Rubles for the new rubles.

    There were two later revaluations at a 10:1 ratio, in 1947 and 1961, but nothing quite so impressive as 50 billion times in just three years. And the dollar is at little risk of that, in any event; the Federal Reserve isn't quite so loose with our currency.

  • Re:Hmm? (Score:5, Informative)

    by Shads ( 4567 ) <shadusNO@SPAMshadus.org> on Monday January 01, 2007 @10:09PM (#17427794) Homepage Journal
    They're suing them for... 1.65 TRILLION dollars. Last I checked the GDP (Gross Domestic Product) for the ENTIRE country was about 750 BILLION dollars. Now this is where it even gets better... this only includes the songs from June to October 2006. They're charging $150,000 per song. If they had applied those numbers since the inception of AllofMp3.com which according to a quick whois lookup of the site name, is June of 2000... using the same numbers of sales each month as they have for the time period of J-O then they'd owe roughly the GDP of the entire world. What a joke.
  • Re:Idiot (Score:2, Informative)

    by kruhft ( 323362 ) on Monday January 01, 2007 @10:13PM (#17427822) Homepage Journal
    I'd rather pirate the track and give the artist the buck directly. If only there were a way to do that...
    Some artists [myspace.com] setup paypal donations on their homepages [dynalias.net] and put almost [archive.org] all [archive.org] of their [myspace.com] music [philafunk.com] up [amiestreet.com] for [amiestreet.com] download [amiestreet.com], but like most musicians playing on the street, most just walk on by with bowed heads and a shrug...much less buy the albums [lulu.com].

    I like the attitude, and I wish more would have it, but it seems like more of a utopian desire than than reality. For the number of people out there saying 'i wish i could support the artists directly', well, we're out there and there are ways to do it (and I'm sure it's not just me, I'm just the easiest example from my perspective).

    Sorry for the Slashvertisement, but I had to get my point across.
  • by Anonymous Coward on Monday January 01, 2007 @10:16PM (#17427856)
    Fuck, you fucking people are giving me a brain haemorrhage with this shit.

    Works are fixed in media (see 17 USC 101). These media are called copies. So music and software are fixed on CDs and DVDs (and harddrives and RAM), and novels are fixed in hardcover books, etc.

    When you buy a CD, you buy a CD. Period.
    When you buy a book, you buy a book. Period.

    You can lend your book, your CD, to someone. You can rent it. You can sell it. You can burn it. Etc.

    You do not buy, and do not need, a license for the work on the media unless you plan to do something with that work that would violate the copyright holder's exclusive rights (see 17 USC 106).

    THERE ARE NO EULAs FOR CDs OR DVDs.

    You are buying media. Period.

    You have to understand that. You can do anything with the media you want. That doesn't entitle you to the "work." The work is an intangible thing. It is unownable and unpossessable and therefore nobody owns nor possesses it.

    Copyright grants copyright holders certain rights assoicated with the work -- FROM WHATEVER SOURCE -- but this is separate from the work fixed in a medium: which is a physical thing, just like any other physical thing.

    The reason you can't do whatever you want (eg, make copies) is because the copyright statute says you can't. It's not because a license says you can't. You need a license in order to make copies*, sure, but you're not buying one when you buy a CD.

    * you can also make copies if you have one of the few exceptions under the law, etc.

    If you're allowed to make backups, btw (about which there is no brightline rule, only the fair use test), you're allowed to keep them when you resell your CD, etc. But since there's no general exception to make backups generally (software is an exception IIRC), the whole circumstances have to fit the four factors of the fair use test. So, e.g., if you intended to sell your CD, and made a backup so you could keep the music knowing you planned to sell it tomorrow, that's probably not a fair use.
  • by Dhalka226 ( 559740 ) on Monday January 01, 2007 @10:21PM (#17427904)

    How can they claim with a straight face that the *damages* are about 100 times greater than the size of the industry being damaged?

    They're not claiming that at all. $150,000 wasn't a random number, nor was the fact that it was called "the maximum" in the article summary just word choice. In fact, anybody at all familiar with copyright law--even just the little trickles that make it through on sites like this--will have their ears twitch in recognition at hearing the number.

    $150,000 is the maximum allowed statutory damages according to US copyright law. It has nothing to do with how much their losses were.

    Further, realize that damages come in two parts: compensatory (what you actually lost) and punitive (punishment for the act). Punitive damages are almost always substantially higher than compensatory damages in situations like this. Even if they only claimed $11 million punitive damages ($1/download, the iTunes price), the law says they're perfectly free to claim the other $1.649+ trillion.

    Will they get that much (if they get anything)? Almost certainly not, but that doesn't stop them from asking for it.

  • by CharonX ( 522492 ) on Monday January 01, 2007 @10:35PM (#17428030) Journal
    Well, if Russia changes its laws so that AllOfMP3's service becomes illegal... the RIAA can't sue for alleged moetary losses before it became illegal, as there was no law to make it illegal before.
    It would be like if the US made recycling of lightbulbs mandatory (giving the lightbulb-makers the right to sue you if you didn't bring broken lightbulbs) and then the lightbulbmakers try to sue you because you threw away a lightbulb ten years ago (instead of recycling it). You cannot break laws retroactively. Even if the lightbulbmakers ran big campaigns and threatened to sue you if you don't recycle those lightbulbs, they cannot sue you for doing something in the past that now would break the law.
  • Re:It's a gambit (Score:3, Informative)

    by Maxo-Texas ( 864189 ) on Monday January 01, 2007 @11:25PM (#17428340)
    There is no imagined difference.

    Distributing is giving copies of the song to other people.
    Downloading is getting a copy of the song for yourself.

    The way p2p is designed, when you get a copy, you also give all or part of the song to 20 to 50 other people. (Riaa then invalidly sues you for giving copes to everyone they give copies to also. However, that's double dipping- probably even 100tuble dipping).

    Allofmp3 "performs" a unique copy of the song to you. They paid royalties to the russian copyright association. Those royalties are a pittance of what RIAA wants. It's currently legal however.

    If it literally was legal then making it illegal later probably doesn't bind you to get rid of things you bought legally.

  • by Anonymous Coward on Monday January 01, 2007 @11:42PM (#17428466)
    No, you're full of it - they did the same deal last year
  • by trentblase ( 717954 ) on Monday January 01, 2007 @11:43PM (#17428478)
    If your music was made in the last 10 years, it's probably shit.

    May I suggest you find some better music to listen to? There's plenty of good music from the last 10 years.
  • Re:It's a gambit (Score:3, Informative)

    by cpt kangarooski ( 3773 ) on Tuesday January 02, 2007 @12:18AM (#17428690) Homepage
    No, they are both equally illegal. Downloading is a form of reproduction, and is illegal per 17 USC 106(1). Uploading is a form of distribution, and is illegal per 17 USC 106(3). The reason that RIAA, MPAA, et al tend to pursue more uploaders than downloaders is because it is easier to find uploaders, and because they think that as the number of uploaders decreases, downloaders who don't upload will simply lack the opportunity to break the law (since there'll be no one to download from), resulting in a two birds with one stone sort of thing. From a legal perspective, there's no significant difference. It's entirely tactical. Kind of like how, if you are injured by multiple parties, you concentrate on the one that has the most money.
  • Re:quadrouple dipped (Score:3, Informative)

    by westlake ( 615356 ) on Tuesday January 02, 2007 @12:55AM (#17428914)
    Correct. A good analogy of copyright violation is that, instead of taking your car, I simply make a copy of your car that looks and runs the same.

    no. it means you built a factory and showroom in Russia for the production and distribution of the counterfeit. which you are now offering to buyers in the U.S. for shipment at a cut-rate price.

    the intangible property right of exclusive distribution is something that can be stolen.

  • by cpt kangarooski ( 3773 ) on Tuesday January 02, 2007 @01:09AM (#17428980) Homepage
    That's ridiculous. If you have a legal right to a file in another country, and posession of it in this country is not otherwise illegal (e.g., it's not kiddie porn or something), there's no sane reason you can't copy it across the (virtual, and therefore nonexistant) border.

    Well, the law says you are not allowed to copy it across the border, but you may be allowed to physically move a pre-existing copy across the border.

    You might disagree with it, or find it silly, but that is actually what it says. I'd rather you disagree with it, knowing that, than to deny that it exists altogether. I'm a firm believer in the idea that we'll never get these laws fixed until people know what they really are, and what the policy goals for the laws are meant to be. Misinformation and erroneous 'common knowledge' don't help.

    Let's use an analogy: imagine you're on vacation in Europe, and you buy a CD, burn it, put it on your iPod, and bring it back home with you. Is that illegal? Of course not, that would be absurd!

    Actually, it is possible that bringing in the CD itself would be illegal; it would depend on its origins. But in any event, your example is faulty. Allofmp3 involves making copies across a border; you're talking about making a copy and then bringing it over the border. That's not the same thing. There is a world of difference between moving a tangible medium over the border (e.g. a CD, a hard drive, an iPod), and moving intangible information over the border (e.g. reading from a server in Russia and writing to a hard drive in America). The former is importation (a form of distribution), the latter is reproduction. Different exceptions apply to each.
  • by The Conductor ( 758639 ) on Tuesday January 02, 2007 @01:33AM (#17429120)

    If the lobbying groups don't buy influence, what exactly is it they are spending money on?


    They don't have to buy much influence. When 533 people are controlling $2 trillion, you only have to steer a very small amount power to be worth spending a good-sized pile of money. Or you keep a lobbying firm on retainer for years, just to have them available to put in your side of the story on the once-in-a-century moment when it can make a difference. It's sorta like patents, they're usually not good for anything, but the megacorps cultivate piles as a form of insurance.

  • by shark72 ( 702619 ) on Tuesday January 02, 2007 @02:18AM (#17429310)

    "The CEO of the RIAA isn't a lawyer. Neither, I presume, are a lot of the members and officers."

    The CEO, Mitch Bainwol, doesn't have a JD, but he does have an MBA, which I believe makes him just as hated by Slashdotters. However, the RIAA"s president, one Cary Sherman, is Harvard Law '71, and was an IP lawyer for several years. FWIW, he's also dabbled in software copyright; he wrote this book [amazon.com] which I'm sure is a thrilling page-turner.

    By the way, I ran into Cary Sherman a few years back at CES. He's about 5'8". I could probably take him in a fight.

  • Re:It's a gambit (Score:2, Informative)

    by dheera ( 1003686 ) on Tuesday January 02, 2007 @02:54AM (#17429460) Homepage
    Huh? Why would you get sued for using AllofMp3? Why is it hard proof?

    When you download from AllOfMp3, you pay for a song and download it. AllOfMp3 pays their royalties.

    Mind you, AllOfMp3 is NOT free.

    The RIAA only cares because AllOfMp3 doesn't put that stupid digital rights crap that prevents you from sharing the song again or transferring it from iTunes to someone else. AllOfMp3 just gives it to you in the nice, simple, easy to deal with .mp3 format, which RIAA hates right now.
  • by JayBlalock ( 635935 ) on Tuesday January 02, 2007 @10:11AM (#17431110)
    Now, finally, imagine exactly the same thing, except that AllOfMP3.com just happens to be storing the file for you instead of you doing it for yourself (note: it's still your file, because you bought it). How is that any different? It's not, therefore it would still be absurd for it to be illegal!

    I just have to point out that, though it is indeed absurd, MP3.com back in the good old days got legally smacked down for doing *exactly that*. And the precedent stood.

    You put in a CD in your computer, MP3.com verified it was legit, and gave you access to an MP3 copy they had previously made. Court ruled that format shifting is only legal if you do it yourself, and even though the end result was *exactly the same*, just saving the consumer some time and effort, they were ordered to stop.

  • by cpt kangarooski ( 3773 ) on Tuesday January 02, 2007 @01:09PM (#17432768) Homepage
    17 USC 106 prohibits reproduction and distribution, which are different kinds of infringing behavior. Since US copyright law isn't extraterritorial, they both only apply to conduct that occurs within the US. Also, since no copyright laws are extraterritorial, copyright laws are national. That is, Russian copyright laws only cover conduct within Russia, and are the only laws that apply in Russia; similarly, US laws only cover what happens in the US, but are the only laws that apply within the US.

    17 USC 101 defines a copy as a material object in which a work is fixed. Although computer users have a habit of calling a sequence of information a copy (e.g. I have two copies of file foo on this hard drive), this is incorrect usage when discussing copyright (which would say that there is one copy -- the hard drive itself, so long as it contains file foo, no matter what else it contains, or how many times it contains it).

    If you download information, no tangible object is sent to your computer; only information is sent. But the computer writes that information onto tangible objects, such as its RAM, cache, hard drives, etc. Because it does this, it makes at least one copy, possibly more, just as a normal part of its operation. If the computer and the objects are located within the US, then US law alone governs the creation of those copies; that some foreign law would allow it is irrelevant, because the copying is not occurring there. This is an example of reproduction, the first type of infringement listed in 17 USC 106.

    Another distinct type of infringement, also listed in section 106, is distribution. While the canonical case of distribution is that of physically handing out copies (which, as you now know, are tangible copies), courts have also interpreted it to include providing files on a server; while only the information goes over the wire, the downloader creates and ends up with a new copy as if the uploader had simply distributed one in the first place. Disagree with this if you like, but the courts have been unanimous in this.

    Importation is not listed as infringing behavior per se, in the Copyright Act. But the law does say that importation is an infringement of the distribution right. That is, importation is a subset of distribution. Specifically, the law talks about the importation of copies, rather than importation of anything. In fact, all of section 602 is very copy-centric, in that copies might be in luggage, they might be susceptable to being intercepted by customs, that things depend on the laws of the place where the copies being imported were made, etc. So a court is likely to interpret importation in this context as being the movement of tangible objects across the border into the US. Since copies are tangible objects and downloading does not involve tangible objects being moved from place to place, downloading cannot be importation. It is, OTOH, reproduction, which is a different kind of infringing behavior. That in some cases importation might be allowed is no longer relevant to this discussion, since we're not looking at importation to begin with.

    While I'm not aware of any court cases where someone actually tried to use 602 as a defense to downloading, the statutes are pretty clear that such a defense would fail pretty readily. Plus of course, courts simply don't like people who are perceived as wrong-doers. While they will still faithfully apply the law, and protect the person they dislike if the law commands, they won't do that person any favors either when they have some discretion. Hoping that a court would side with a downloader if it had a chance to interpret laws either way is a hell of a long shot.

    Hopping back to reproduction for a moment, you might think that pretty much any downloading can be infringing now, especially since it doesn't matter whether you knew or even could have known, that it was illegal at the time you did it. You'd be right, and in fact, there have been cases along these lines. My favorite to cite, since it is so clearly written, is
  • Re:It's a gambit (Score:3, Informative)

    by cpt kangarooski ( 3773 ) on Tuesday January 02, 2007 @01:18PM (#17432898) Homepage
    so iTunes is illegal then?

    The US iTunes store is licensed by the US copyright holders for the music it sells -- which is why they don't have everything, and the US store is limited to buyers in the US. Their license also covers its customers, at least for downloads from the iTMS.

    I think the argument here is that customers of allofmp3 believe they are purchasing from a legitimate store

    No, that isn't a valid argument. US copyright law is strict liability; it doesn't matter whether a person thinks they acting legally or not. Strict liability laws are uncommon, but another good example would be statutory consent laws -- even if you thought the 15 year old was 18, and had no reason to think otherwise, and there was nothing more you could have done to verify her age, you're still on the hook.

    This store does pay royalties to the russian version of the RIAA, however this Russian RIAA does not pass them on.

    And that would be great if the downloader was in Russia, where Russian law applies, but you are not. ROMS has no legal authority in the US, and cannot protect someone who is located in the US, nor can they license such a person to do things in the US that are contrary to US law. If you're in the US, and you download, US copyright law is what applies to you, and it does not permit this sort of thing. Honestly, your argument is closely akin to saying that if marijuana is more or less legal in the Netherlands that it's okay for someone to have some here, if the Dutch say it's okay. It's a plainly stupid argument and it has zero chance of success.

    I don't really care if you want to break the law, but I do care that you know what the law is, so that you can make an informed decision into whether or not you want to break it.

Our OS who art in CPU, UNIX be thy name. Thy programs run, thy syscalls done, In kernel as it is in user!

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