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7 J. High Tech. L. 1 (2007)

handle is hein.journals/jhtl7 and id is 1 raw text is: IS ALLOFMP3 LEGAL? NON-CONTRACTUAL LICENSING UNDER RUSSIAN COPYRIGHT LAW Sergey Budylin & Yulia Osipova* Cite as: 7 J. HIGH TECH. L. 1 Introduction Lately, Russian copyright law has attracted keen interest from foreign media and law review authors.' The interest is mostly related to the activity of several Russian Web sites, such as AllofMP3, which sell copyrighted music at surprisingly low prices and without piracy 2 protection. This questionable activity, claimed to be legal under Russian law, has been reported as a major obstacle facing Russia in joining the World Trade Organization (WTO).3 In a recent article, James Chapman discusses at length possible negative consequences of downloading music from these sites for users in the United States (U.S.).4 Such consequences may include both criminal penalties' and civil sanctions.6 However, criminal * Sergey Budylin and Yulia Osipova are attorneys with Roche & Duffay in Moscow. The authors would like to thank Prof. Peter Maggs of the University of Illinois for his valuable comments. 1. See Thomas Crampton, On a Russian Site, Cheap Songs With a Backbeat of Illegality, N.Y. TIMES, June 5, 2006, at C4; Associated Press, Visa, MasterCard will not accept charges from Russian music Web site, http://www.iht.conarticles/ap/2006/10/19/america/NA FIN TEC US Downloadi ngMusic.php, (published Oct. 18, 2006) (last visited Dec. 4, 2006) (card payments to AllofMP3 are stopped); James Chapman, Russian Web Sites Jeopardize U.S. Users: The Dangers of Importing Copyrighted Material over the Internet, 29 HASTINGS INT'L & COMP. L. REV. 267 (2006). 2. See Crampton, supra note 1, at C4. 3. Id.; see also Greg Sandoval, Russia agrees to shut down Alloftnp3.com, http://news.com.com (search CNET for Russia agrees to shut down Allofmp3.com; then follow hyperlink) (published Nov. 29, 2006) (last visited Dec. 4, 2006). Although Russia reportedly agrees to shut down the site, it is unclear how this can be done legally without first changing the law, as it is apparent from the discussion below. 4. Chapman, supra note 1, at 276-285. 5. Id. at 276. Copyright C 2007 Journal of High Technology Law and Sergey Budylin and Yulia Osipova. All Rights Reserved. ISSN 1536-7983