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Russian Court Acquits Former Owner of Allofmp3.com |
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A Russian court has acquitted Denis Kvasov, former owner of allofmp3.com.
Link: http://news.bbc.co.uk/2/hi/europe/6948345.stm
Prior to its closing in June of this year, the site had made music available for download at very low rates. Copyright laws of the country in which the music was produced, most often the United States, protected the music, but the laws of Russia failed to extend that protection to music distributed from that country. The judge in this case held that the prosecution had failed to prove a violation of the comparatively lax copyright laws of Russia.
The site was closed in June after Russia had agreed to do so in November of 2006, largely due to pressure brought by the United States in connection with Russia’s efforts to join the World Trade Organization.
Link: http://news.com.com/Russia+agrees+to+shut+down+Allofmp3.com/2100-1027_3-6139350.html
The volume of music available through the site and the almost futile efforts to contain the subsequent violation of U.S. copyright laws to pressure from RIAA and others to bring international sanctions against Russia until it closed down the site.
The overall effect of the closure of allofmp3 was questionable at best, since at least one other site has already picked up the slack in Russia. Sites located in other countries will also almost certainly gain in popularity. The Russian court’s ruling will most likely have a profound effect in the increasing popularity of these sites, and could even lead to the re-emergence of allofmp3.
This entire issue is only one example of the ever-increasing conflict between the virtual erasing of international borders on one hand and the incompatible laws prevalent behind those physical borders. Although allofmp3 operated legally in Russia, individuals using the service to download the music often were in violation of their country’s laws with respect to copyright. The difficulty in protecting intellectual property rights within the context of the Internet is monumental. Without some international cooperation, the difficulty becomes almost insurmountable.
Issues such as this are likely to increase and take on more importance in the international arena. Considering the role the issue has already played in Russia’s efforts to join the WTO, it is not unreasonable to expect the issue to lead to international crisis and confrontation. This is particularly true when the laws of many countries protect sites that make available not only music and movies, but also all kinds of pirated software, child pornography, and other matter. As with the music, the fact the providers are not violating the laws of their country does not protect users with respect to the laws of theirs.
Resolution can only come about by addressing the issue in its entirety rather than by ad hoc efforts such as those that brought about the closure of allofmp3. The problem goes beyond music and beyond the money lost by copyright holders. As mentioned the availability of child pornography is, perhaps, a more urgent problem.
I have said elsewhere that laws change slowly, particularly in comparison to technological development. The lag between the two creates severe problems within any country’s borders. International law and agreements have an even longer gestation period. This issue, however, requires the attention and commitment of all nations. The failure to address and resolve it could have disastrous results.
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