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Allofmp3 is a Russian on-line music service. The license agreement of Allofmp3 with the Russian Organization for Multimedia and digitally system is comparable with the agreements of Russian Radiosender. According to data of the enterprise the present agreement permits the legal selling to the music of any artists and disk label by Allofmp3 in Russia.
Contrary to music services from the USA like for example Apple iTunes Music net curtain, does not account for AllOfMP3.com individual Songs, but the transferred volume. Since 15 January 2005 the basic price for a gigabyte of transferred data amounts to 20 US Dollar, whereby this price can sink due to a complicated discount system; this happens as a function of Downloadmenge, publicity campaigns and manner of payment. Both in Russian and in English language representable Website offers the majority of its functions only to the registered user.
The files stand for the user in a multiplicity from audio codec formats to the order, under it under other MP3 and Ogg Vorbis. The bit rate with coding can be selected by the user. The Download of the files can take place with the help of a Webbrowsers or an Windows application named "Allofmp3-Explorer". The Website contains free cutouts and whole albums of all songs in an audio quality comparable with a similar telephone call with a bit rate of 24 kbit/s.
The files contain no DRM information, are thus without reservation usable.
Since 2004 high server loads cause occasional delays with demands to the Website. The actual Downloads running in the background is usually not affected thereby however. The Downloadgeschwindigkeiten during broadband binding amounts to between 200 and 280 kByte/s.
Since February 2006 the "allTunes" Downloadmanager/Musikkatalog is offered as beta version for the test. This supplementary product line improves a working substantially and is extremely comfortable in its application.
Since beginning of the yearly 2006 the service for technical reasons was repeated off-lines. The longest loss went over five days of 13.05. - 18.05.2006. The web page showed first the reference "" the servers is closed for maintainance "and was not attainable occasionally any longer. Starting from that 16.05.2006 went the web pages again to on-line, it could to it however two days long no Mediadaten be downloaded. An inquiry, when the service will be available in its normal function again, asked by E-Mail, was answered by Allofmp3 with reference to problems with servers, which are to be loosened in a few days: "Incoming goods have some technical problem with some of server. It wants fixed in few days. Incoming goods' RH sorry for the inconvenience. "
Starting from Thursday, that 18.05.06 was the service again some days in enterprise. Downloading titles over the Allofmp3-Explorer functioned first without disturbances, if the usual MP3-Format were selected. Unusual sizes could lead to substantial waiting periods, inform a system message during the order process. Since then nevertheless repeat problems with the Download of titles or the server performance arose.
Since Thursday, that 25.05.06, downloading of Mediadaten is again disturbed. The error message comes: "Warning! Currently preview for this TRACKs is emergency available due ton technical problem. Please check bake more later. "
Due to the last losses speculations accumulate themselves up speculated upon an imminent end of the service in on-line press, for example in an article with mirror on-line one in that the author already upon the close end of Allofmp3 and a connection with the announcement by Vladimir Putin for the sharper pursuit of copyright infringements assumed. Further opinions over the topic are with Google news.
The fact that archives under the Firmierung Mp3stor.com and a decreased service again went to on-line was disclaimed on request of 15.05.06 on the next day by E-Mail. Vladislav Nikulenko: "Incoming goods of acres emergency related tons of Allofmp3.com. Mp3stor.com is quite new but big mp3 of archives. Incoming goods ADD 250 of album every day and flat ton have 80000 of album by the end to OF this year. Incoming goods of acres now promoting A special action. You have A possibility tons obtain A bonus on our site. "One has to do thus nothing with the Allofmp3-Service, is however ready to grant a bonus if one communicates the Allofmp3-Kontostand. The Allofmp3-Benutzernamen is there however not valid.
The enterprise stated that its offer is legal licensed and in Russia, there a license of the there responsible society for right utilization (ROME) is present. This was examined in Russia on urge of the music industry. After a report in '' The register '' recommended the Muscovites police after a preliminary investigation a prosecution of AllOfMP3.com. According to data of the Russian legal adviser of the IFPI (international federation of the Phonoindustrie) a successful procedure seemed very improbable against the enterprise due to Russian copyright. Finally the responsible public prosecutor came to the conclusion that no action need exists. The IFPI denies however further that Allofmp3 possesses the licenses, which music abroad (e.g. concretely Germany) to sell (in Russia a valid license is actually present).
Which consequences result for a private user to buy with a service legal in Russia which has however no rights for the selling abroad, is not finally clarified.
After the new German copyright law ("§ 53 exp. 1 UrhG) must itself a user, who multiplies a medium file ("§ 16 exp. 2 UrhG), about it to inform whether its Download originates from an obviously illegal source. Whether the Download of music files is obviously illegal with Allofmp3, is disputed, even if one must pay for the Download, contrary to exchange stock exchanges.
In May 2005 a provisional order (Az became: 21 O 9161/05) of the regional court Munich I against Allofmp3 issue, in which it is stated that Allofmp3 is not "for the area of the Federal Republic of Germany in the possession of a license". Afterwards the supply of Musikdownloads is illegal by Allofmp3 in Germany, if Allofmp3 does not insert redresses against it. It is to be noted however that the provisional order attains effectiveness opposite Allofmp3 only then if this Allofmp3 were set. Because the provisional order without hearing of the opposite side was issued, it cannot be derived however inevitably from the fact that the order admits to the operator of Allofmp3 also by a feed was made. The applicant has one month according to the decree of the provisional order time to set these for the opposite side ("§ 929 ZPOund). The period extends if the judicial decision must be translated in appropriate period into the homeland language of the opposite side. Loud | Heise news of 8.7.2005 was set anyhow the provisional order of the opposite side up to this time not yet. Further information regarding this compellingly necessary feed is missing so far. With effected feed the provisional order attained no validity in law. This provisional order therefore places no final decision in the thing, one can however due to this and because of the meaning of on-line music service for the German market also at security of bordering probability assume Allofmp3 does not represent a legal offer for Musikdownloads in Germany. (see also an article with SWR3-Online, on whose portal a left on Allofmp3 was present likewise. ).
At the beginning of of July 2005 operators were also warned by German web pages hyper+on the left of on Allofmp3 of the Federal association Phono, which regards the offer for illegal. With private people (also several years old on the left of one side any longer not maintained are to be warned) the value in litigation with 75.000 was set ", which led to a demanded lawyer fee of approx. 3,800 ". First the Heise publishing house had itself to remove on the left of refused in hurrying ahead obedience from its articles. Due to two judgements of the LG Munich Heise removed, exerts on the left of meanwhile however a constitutional complaint against these judgements. Ironically the IFPI had specified to their Website at the beginning for "customer clearing-up" the Web address from allofmp3 and after external references had only removed. The Heise publishing house by the way received no anwaltliches warning letter, but only a request contrary to other so far to remove on the left of. Reasons are so far not publicly well-known for it. The IFPI regards beside left reporting also positive to allofmp3.com as aid and thus as illegal. As and whether it would like to intersperse this, remains being waiting.
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