offering Mp3 songs on your site?

Discussion in 'Legal Issues' started by icare, Dec 24, 2005.

  1. #1
    :confused: Hi Can anybody help me that is songs site legal? can we offer users free downloads of mp3 songs? For example www.desiest.com its offering user free music downoads.
     
    icare, Dec 24, 2005 IP
  2. Skinny

    Skinny Peon

    Messages:
    1,864
    Likes Received:
    93
    Best Answers:
    0
    Trophy Points:
    0
    #2
    I think the only free music downloads would have to be free domain music. I don't know which is and which isn't.

    But if you are trying to have people download songs from artists like 50 cent, etc. than that is illegal. I think you need to have a deal with them and I don't think they would do that.

    Skinny
     
    Skinny, Dec 24, 2005 IP
  3. T0PS3O

    T0PS3O Feel Good PLC

    Messages:
    13,219
    Likes Received:
    777
    Best Answers:
    0
    Trophy Points:
    0
    #3
    Besides whether or not you can rightfully distribute the actual songs, there's also the fact that the mp3 technology is not owned by the public. That's why Ubuntu and other linux distro's don't ship with mp3 enabled.

    Ogg is the only one truely open source I believe.
     
    T0PS3O, Dec 24, 2005 IP
  4. Blitz

    Blitz Well-Known Member

    Messages:
    1,208
    Likes Received:
    48
    Best Answers:
    0
    Trophy Points:
    155
    #4
    I don't think anyone knows.

    You have huge sites like www.torrentspy.com and www.isohunt.com which offer BitTorrent files to download as much copyrighted music as one can fit on ones hard drive :)

    Suprnova.org was shut down though, after several years of legal stuff. It seems to be legal (for the site in question, at least) when it's distributed as peer to peer, but not when it's downloaded from a server to a user. That's why you have limewire, shareaza, kazaa, ect.
     
    Blitz, Dec 24, 2005 IP
  5. Dekker

    Dekker Peon

    Messages:
    4,185
    Likes Received:
    287
    Best Answers:
    0
    Trophy Points:
    0
    #5
    i dont think it's legal because it's peer to peer, but it's harder to catch when it's not server to peer.
     
    Dekker, Dec 24, 2005 IP
  6. icare

    icare Peon

    Messages:
    714
    Likes Received:
    19
    Best Answers:
    0
    Trophy Points:
    0
    #6
    How are these sites opreating then? I have read their TOS and it says you can download a song but its your responsibilty to delete it after 24 hours. You can keep those only for 24 hours and afterwords you have to delete it. I dont know the catch...:confused:
     
    icare, Dec 24, 2005 IP
  7. raycampbell

    raycampbell Peon

    Messages:
    109
    Likes Received:
    8
    Best Answers:
    0
    Trophy Points:
    0
    #7
    Do you not read the newspapers or watch the TV news?

    Offering downloads to songs without all the necessary permissions (e.g., including songwriter, artists, etc.) is flat out illegal. Not only you but the people downloading from you can be sued.

    If you have permission (and by that, I mean permission from everyone with a claim of copyright, which would mean not only the bands but also the songwriters and so on), that's different. Problem is, while I know a few garage or spare bedroom bands that would happily give anyone permission to distribute a song or two for the publicity, any major act won't.

    Desiest looks like they are located in India. They may have all the permissions they need, or they may be gambling that the music industry won't bother coming there to sue them. If I were a website owner, I would not make that bet, even if I were located at the South Pole.
     
    raycampbell, Dec 24, 2005 IP
  8. icare

    icare Peon

    Messages:
    714
    Likes Received:
    19
    Best Answers:
    0
    Trophy Points:
    0
    #8
    Though its indian music but they are based in US. Can you please read their TOS. is there any loophole?
     
    icare, Dec 24, 2005 IP
  9. raycampbell

    raycampbell Peon

    Messages:
    109
    Likes Received:
    8
    Best Answers:
    0
    Trophy Points:
    0
    #9
    If you want a real answer to that question, you will need to talk to a copyright lawyer, which I am not.

    If you don't want to hire a lawyer, and assuming that's not your website and you don't care if you draw attention to them, you can always contact the RIAA and ask them whether terms of service like that change anything. I have an idea what they might say, but it's not based on any legal analysis.
     
    raycampbell, Dec 24, 2005 IP
  10. toolblast

    toolblast Banned

    Messages:
    166
    Likes Received:
    3
    Best Answers:
    0
    Trophy Points:
    0
    #10
    What about mp3 jukeboxes that dont offer the ability to download?

    I've seen tons of websites that have music jukeboxes (flash music players) that play copyrighted songs but dont allow you to download them, just play them.

    Infact, A LOT of myspace pages have these music players.
     
    toolblast, Dec 24, 2005 IP
  11. amitpatel_3001

    amitpatel_3001 Results Follow Patience

    Messages:
    14,074
    Likes Received:
    1,178
    Best Answers:
    0
    Trophy Points:
    430
    #11
    I have seen a Forum in hyderabad.

    ww w.andhrabeats.net

    it has got 15000 Members in 6months.

    They give all the
    Latest Hindi,English,Telugu Music for free
    Latest Softwares

    Is there any way to Stop them :confused:

    Every movie Released comes for download within a Hour.:eek:
     
    amitpatel_3001, Dec 24, 2005 IP
  12. Blitz

    Blitz Well-Known Member

    Messages:
    1,208
    Likes Received:
    48
    Best Answers:
    0
    Trophy Points:
    155
    #12
    Probably. P2P is 100% legal in Canada, US is more of a grey area. I don't know about UK, but I know some European places where it's legal.

    One thing's for sure eventhough it's illegal, 99.9999999% of cases of downloading copyrighted music have had no legal action taken against them. Won't ever stop people from copying copyrighted music either :p
     
    Blitz, Dec 25, 2005 IP
  13. timothyleary

    timothyleary Peon

    Messages:
    46
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #13
    Alot of sites that offer music downloads put in the terms of usage that you must own the original and your download is used for backup purpose only. And any site I've ever seen that offers illegal downloads has the "Internet Privacy Act" (which is completly fictitious act, and doesn't provide any protection to the owners of the content)
     
    timothyleary, Dec 25, 2005 IP
  14. Dekker

    Dekker Peon

    Messages:
    4,185
    Likes Received:
    287
    Best Answers:
    0
    Trophy Points:
    0
    #14
    It's a pity those types of agreements have no legal binding power
     
    Dekker, Dec 25, 2005 IP
  15. timothyleary

    timothyleary Peon

    Messages:
    46
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #15
    lol yeah it's wishful thinking on their part. It's spread like wildfire since someone made it up and put it on their warez site's. Maybe it was even propagated just to expose sites like that eg. just punch in "code 431.322.12" in google and see what comes up.
     
    timothyleary, Dec 25, 2005 IP
  16. raycampbell

    raycampbell Peon

    Messages:
    109
    Likes Received:
    8
    Best Answers:
    0
    Trophy Points:
    0
    #16
    Don't know about jukeboxes. For internet radio, I believe you can legally license the right to stream copyrighted music for a pretty modest annual fee - two or three hundred dollars, if I recall. I don't know if that license would apply to jukeboxes, which are different in that there is not a preset playlist.

    Before you launch any site offering streaming or downloadable music, you really need to talk with a copyright lawyer, because the penalties can be pretty severe if you get it wrong.
     
    raycampbell, Dec 26, 2005 IP