[quote]Juste pour signaler qu’il y’a déja un thread sur le sujet[/quote]Ah oui mais ici c’est mon thread à moi. Le mien. My Precious.
Ca me rapelle un vieux thread
Je viens de lire ça sur un forum, c’est un peu long, mais très intéressant :
I accidently came by this thread and thought would give you some details. It seems to me that there are not a lot of people who know law good enough to arrive to some legality conclusion. So here goes.
ALLOFMP3.com is a completely legitimate service. Both from Russia and US standpoint.
According to Russian Law, an organization called ROMS (similar to RIAA) manages all intellectual rights in Russian Federation. All 3rd party destributors licensed by ROMS are required to pay a portion of the revenue (notice, not profit) to the ROMS. ROMS in turn, is obligated to pay most of that money (aside from small portion it needs for operating expenses) to artists. Both Russian and foreign. Under Russian law, ROMS automatically has the right to license ANY intellectual property to Russian destributors, even if the author is not subject to Russian law. Since in order to release music in Russia a copyright holder has to register as such, it automatically gives ROMS the right to license its music.
I think this is the perfect system. It was designed during USSR times. Now we really gotta ask ourselves here in US. How do countries like Iraq (Iraq has similar copyright laws) and Russia, that are regarded as dictatorships, have such liberal copyright laws; while in US companies can sue the hell out of the teenagers and use FBI and courts, funded by taxpayers money in their battle. Aww, that smell of freedom. I must have stepped in something.
Now lets look at the US law. You can legally acquire music from anyone who has a legitimate right to destribute it. You can buy from a iTunes, because it was licensed by RIAA, you can buy it from Canada, if it is licensed by CRIA, you can buy it from Russia, if it was licensed by ROMS. Now the key difference is that RIAA and CRIA need to obtain licenses from songwriters and artists. ROMS owns rights to intellectual property automatically. Until changes are made to US and/or Russian law, allofmp3.com is completely legal.
Notice how RIAA is silent? Those assholes sit and wait having their fingers crossed because if allofmp3 becomes popular; they are #ucked. They cannot sue either ROMS or allofmp3. Much less can they affect Russian law. Their best bet is to change American law. Which they will probably will do, but until then, everything you do with allofmp3 is legal and you can not be accountable for it after the law is passed.
Why so cheap? Very simple. In Russia, most pirate CDs cost close to $1.5 and legal $2-3. In addition to that, most Russians are poor. So allofmp3 to Russians would in fact be more expensive than iTunes to Americans.
Many people have moral issues regarding artists not being paid and such. That is not an issue for me, but I will try to explain things to those people somewhat. ROMS gets money for each song that people download. It pays yearly fees to Russian record labels and represetatives of foreign record labels. Rest of the money, it destributes through these labels, specifically to artists, depending on the number of sales of works. At least that how it should work in theory. Unfortunatelly I cannot attest to whether it works in practice. In any case, if artists are not getting their money, it would most likely be fault of ROMS or record labels. Not allofmp3.
Some could argue that if artists receive something from allofmp3, it is extremely little. Well, although it is clear that they receive less than from say RIAA, it is not much less. Only 10% of iTunes revenues goes to artists, while RIAA gets 70%. That situation doesnt exist with ROMS. It gives (or at least should) most of the money it gets from sites like allofmp3 to artists. Even though songs cost pennies, you can now essentially afford to have 20 songs in your collection for $1 or 1 song for $1. And from that dollar, artists will get just about the same amount of money. I can assure I that no one would be downloading 1000s of tracks from iTunes, while I know people who have got over 10,000 of the allofmp3 tracks and paid for them. Afterall does artists really care whether I purchased 3 songs I like, or his entire CD, if he gets paid the same. I wouldnt buy the rest of the songs if they did not cost pennies, but since they do, I would rather have complete CD, you see the logic?
I’m not even going to dignify people who state that allofmp3 is run by Russian mafia with a response. Let me just say that the only way those people get idea about Russia is by watching movies like Armageddon. (In the movie, Russian astranauts on the spacestation were wearing ear-hats and were drunk.) I have more pity for Americans than Russians. It is really sad when according to National Geographic poll, only 36% of the Americans could point out New Jersey state on the map.
Wheew, that was long.