Allofmp3
Allofmp3.com is a Russian online music service. The license agreement of Allofmp3 with the Russian Organization for Multimedia and Digital Systems is comparable with the agreements of Russian radio stations. According to the company, this Agreement permits the legal distribution of music of any artist and record label by Allofmp3 in Russia.
Business Model
Unlike music services from the U.S., such as Apple's iTunes store, Allofmp3.com settles no individual songs, but the transmitted volume. Since 13 August 2006, the base price was up to the temporary closure of the page for a gigabyte of data transferred U.S. $ 30, this price could drop by up to one-third due to a complicated rebate system; This was with reference to download amount, promotions, and payment method. The displayable both in Russian and in English language website provides the majority of its functions only to the registered users.
Payment
For several years the payment by credit card (VISA and Mastercard) was offered. This payment option has been set, however, there can not be the credit card companies use for " illegal activities " wollten.Einige time was also a payment by bank transfer ( " Pay by a bank wire transfer" ) to a bank account in Latvia and for payment by prepaid credit with PIN codes which could be purchased on third party sites (eg XRost.biz ) possible. Currently (October 26, 2009) is not a payment by credit card, this also relates to the access software alltunes.
Furthermore, there was a discount program: Exceeded the sum of the payments ( "Balance" called ) certain values , a percentage payment to the beneficiary has been credited as a bonus. When paying by bank transfer, there was an additional 20 % discount, which should compensate for the costs of the bank transfer part.
Technology
The files are available to the user in a variety of audio codec formats, including MP3, Ogg Vorbis and FLAC. The bit rate of the encoding can be selected by the user. The downloading of files can be done using a web browser or a Windows application called allTunes (formerly Allofmp3 Explorer ). The site includes free excerpts of all songs and entire albums in a way comparable to an analog phone call audio quality at a bit rate of 24 kbit / s Non- registered users are allowed 30 seconds and recorded the complete songs Preview. The cost of a piece of music / album are calculated from the file size, last 3 U.S. cents / megabyte were calculated.
The files contain no DRM information, and are therefore available without restriction.
Since 2004 caused high server loads occasional delays when requesting information on the site. The actual running background downloads were but do not usually affected. The download speeds of broadband connections were 190-250 kbytes / s
As of February 2006, the additional program Alltunes-Downloadmanager/-Musikkatalog was offered as a beta version for testing.
Between late October 2006 and mid-December 2006 all songs were offered in a proprietary format for free download. This format ( mp3x ) allowed only with special software, which stood ready for free download and play. Although these songs were DRM protected, but the usual distribution channel remained.
News
The beginning of 2006 was the service for technical reasons several times offline. The longest outage was over five days from 13th to 18th May 2006. The website initially showed the note " ... the server is closed for maintainance " and was temporarily no longer reachable. From 16 May 2006, the websites went come back online, but it was followed by two days without media data is downloaded. A Asked by e -mail request when the service will be available again in its normal function, was answered by Allofmp3 with reference to problems with servers that are to be solved in a few days: "We have some technical problems with some server. It will be fixed in few days. We're sorry for the inconvenience. "
As of Thursday, May 18, 2006, the service a few days was back in operation. The downloading of songs about the client Alltunes worked initially without interference when the standard MP3 format was chosen. More unusual formats could lead to substantial waiting periods, informed a system message during checkout. Since then, however, were repeated problems with downloading tracks or server performance.
Since Thursday, 25 May 2006, the downloading of media data was disturbed again. It appeared the error message: "Warning! Currently preview for this track is not available due to technical problems. Please check back later. "
Due to the recent failures before closing the page to speculation about an early end of service in the online press, for example, in an article in Spiegel Online accumulated in the speculation of the author already on the near end of Allofmp3 and a connection with the announcement of Vladimir Putin assumed to stricter prosecution of copyright infringement.
The fact that the archive under the name Mp3stor.com and a reduced service had gone back online, was denied on request of 15 May 2006 on the next day by e -mail. Vladislav Nikulenko: " We are not related to Allofmp3.com. Mp3stor.com is quite new but rather big mp3 archive. We add 250 albums every day and plan to have 80,000 albums by the end of this year. We are now promo ting a special action. You have a Possibility to Obtain a bonus on our site. " They had nothing to do with the Allofmp3 service, but was willing to give a bonus when notifying the Allofmp3 account balance. The Allofmp3 user names are there, however, is not valid.
Since the end of October 2006, the credit card companies Visa and MasterCard boycotted the processing of payments to the Russian download service. Apparently, the World Federation of the Phonographic Industry IFPI was behind the measure. A spokesman for the IFPI confirmed to U.S. Magazine, Ars Technica, IFPI had discussions with Visa done to tackle AllofMP3.
But the Bezahlweg about XRost.biz PIN code remained, which could be paid in XRost via Paysafecard, Ukash or ClickandBuy. This Bezahlweg also offered the above-mentioned bonus. Since the beginning of March 2007, you could buy any PIN codes more at XRost.
On 18 December 2006, the Moscow-based company Media Services was, inter alia, to the Allofmp3 heard sued by a number of U.S. music companies. Arista Records, Warner, Capitol Records and UMG Recordings, as well as the U.S. music industry association RIAA demand of Media Services 1.65 trillion dollars in damages ( $ 150,000 for each of the 11 million downloaded files ). This sum exceeds the total Russian GDP.
As of 25 June 2007, the site was no longer accessible, instead landing visitors sometimes on an information page, according to which the server is shut down for maintenance. Jumped was the site mp3sparks.com, behind which the same operator inserted. But was also temporarily this website no longer accessible. Various forum posts pointed out that while the access to the access software alltunes the provider allofmp3.com still allowed access.
Meanwhile, the website of mp3Sparks is reachable again, which the provider applies for a license of the Russian Federation for collective management of copyright works (FAIR). Interested parties are before their application to download pointed out that the legal conformity of their actions is to question the laws responsible for them by themselves. However, a " Refill Balance " ( top-up ) over the common credit card companies Visa, MasterCard etc. " at the moment" (currently ) not possible. The user is referred to the manual deposit of alertpay.com and a money transfer to " cherry.valerie @ yahoo.com". ( Release 25 May 2012)
Actions that run in the meantime the world against the operator, were previously dismissed.
Terms of Use
The company claimed that its offer licensed and in Russia was legal because a license from the competent there Society for the exploitation of rights (ROMS ) was present. This has been studied in Russia at the insistence of the music industry. According to a report in The Register, the Moscow police recommended after a preliminary examination of a prosecution AllOfMP3.com. According to the Russian legal adviser to the IFPI (International Federation of the Phonographic Industry ), a successful action against the company due to the Russian copyright law seemed very unlikely. Finally, the prosecutor came to the conclusion that no action is called for. The IFPI but denied further that Allofmp3 has the required licenses (eg Germany specifically ) to sell the music abroad ( for Russia is indeed a valid license before ).
What are the consequences for a result from home users to buy from a legal service in Russia, but has no rights to distribute abroad has not been well established.
According to the new German copyright law ( § 53 paragraph 1 Copyright Act) a user is allowed to a media file for private use copy ( § 16 para 2 of the Copyright Act ), unless the file is not from a source manifestly unlawful. Whether the music files are made evident in Allofmp3 unlawfully made available is controversial, even if you have to pay for downloading, as opposed to file sharing.
Inequality clearly designed to contrast the legal according to Swiss copyright law. After that is downloading - be it from Allofmp3 or other source - (. Art. 23 para 1 lit a Swiss URG ) is allowed, if it is intended for your personal use. Other than that just described German law, Swiss law knows no limitation of these barriers determination on sources that are not manifestly unlawful. Even under the current copyright revision, should it likely to change anything.
In May 2005, an attempt was made for an injunction from the Landgericht München I to adopt against Allofmp3 in which it is determined that Allofmp3 "for the territory of the Federal Republic of Germany does not have a license " is. After that, the provision of music files by Allofmp3 in Germany is illegal, unless Allofmp3 inserts no appeal against it. It should be noted however, that the injunction against Allofmp3 only gained efficiency when these Allofmp3 has been served. Because the injunction has been issued without hearing the other side, however, can not necessarily be inferred from this that the injunction has been made known by a notification to the operator of Allofmp3. The applicant shall serve one month after the interim injunction of the time, these the opposite side ( § 929 and § 936 ZPO). The deadline will be extended if the court decision must be translated into an appropriate period in the native language of the other side. According to Heise News July 8, 2005, the injunction of the other side was in any case not yet been served up to that date. For more information regarding these mandatory required delivery date is missing. For non-delivery the injunction has acquired no legal force.
Beginning of July 2005, were warned by German websites with hyperlinks to Allofmp3 by the Bundesverband Phono, who regards the offer for illegal operators. For private ( several years old with links no longer a neat page should be warned ) the amount in dispute was set at € 75,000, which resulted in a required Rechtsanwaltsvergütungsgesetz of about 3,800 €. First, the Heise publishing house refused to remove the links in anticipatory obedience from his articles. Due to two judgments of the District Court Munich Heise has now removed the links, but brought a constitutional complaint against those judgments to. Ironically, the IFPI had even the web address of Allofmp3 listed on their website at the beginning of " customer education " and removed after external clues. The Heise publishing house by the way, unlike other so far not received a warning letter Attorney's, but only a request to remove the links. Reasons are not yet publicly known. The IFPI considered in addition to links to Allofmp3 also positive coverage as aid and therefore illegal. How and whether they want to enforce this, remains to be seen.
End of October 2006, a Danish court the Swedish Internet service provider Tele2 prompted to block access to Allofmp3. This judgment represents a novelty, as it calls censorship practices that are extremely controversial and affect the "free" nature of the Internet. Meanwhile, the Internet address has been blocked AllofMP3 at the DNA level for clients of the provider.
On 15 August 2007, the owner of the website has been acquitted by a Moscow court. The music companies EMI, NBC, Warner and Universal have appealed Allofmp3. The judge, however, decided that Denis Kwasow, the company's Media Services owner, did not infringe the copyright, because he has the rights to use, paid for by payments to the Russian ROMS administrator rights, which in turn passes the money to the owners.
The main judgment of the Higher Regional Court of Munich has been reviewed by the Federal Court on October 14, 2010. For everyone involved surprisingly precipitated the highest German court on the same day his decision in favor of the legal position of the Heise Verlag. The action brought by the music industry was rejected and reversed the judgment of the Higher Regional Court of Munich. In addition, the plaintiff must bear the cost of the entire dispute. As a dispute for the revision of the Federal Court recognizes a sum of 250,000 euros. Thus, the dispute is over.